Australia Forum banner
Status
Not open for further replies.

Partner Visa- Officeshore before spouse initial entry date

4K views 6 replies 2 participants last post by  CollegeGirl 
#1 ·
Hello all, this is my first post. I got my PR grant letter under subclass 189 on 17th Jan 2013. I am supposed to enter Australia before Dec 5th 2013. I have not made my entry yet. I have planned to enter Australia in first week of Nov 2013.

Recently i got married in June 2013. I am planning to apply partner visa (309 & 100) for my wife. Since i have not made my initial entry to Australia, can i still apply for partner visa for my wife? Would i be considered as eligible austrlian permanent resident to sponsor her partner visa?

Please advice. Thanks in advance.
 
#2 · (Edited)
No, and in fact I believe you have to have been "usually resident" in Australia over the last two years in order to be able to sponsor someone for a partner visa. You'll want to verify this with someone else, but if I'm right (and I think I am) this could be a problem for you since it would mean your wife would not be able to join you for two years.
 
#3 ·
#4 ·
Hmmm.. that's a bummer. Appreciate the quick response. This forum rocks.

I got my PR grant letter by Jan 2013. When i got it, i was single and then suddenly things changed. I got engaged to a pretty lady in Mar 2013. It was an arranged marriage. I am from India. It could not be planned as i did not know whom i was going to get married to. Now i have a wife. That is what matters. I am happy. I would like to take her with me when i migrate to Australia.

1) So what are the other options. Can i get a visitor visa for her? If yes, how long can she stay on visitor visa?

2) After entering Australia, how long after can i apply for her partner visa?

Please let me know. Thanks again.
 
#5 · (Edited)
It's possible you might be able to get a visitor visa for her, but with high-risk countries like India it's really a gamble. And even if you're lucky enough to get one approved, it's quite possible it will only be for three months. Unfortunately, unless she's able to get a work or skilled visa on her own (and you didn't mention her having a career, so I'm guessing it's not something that was possible for you?) I don't see any way you'd be able to keep her onshore with you the whole time.

Even with both of you onshore (if you were able to get a tourist visa) you would not qualify to sponsor her for possibly up to two years, as Mark said in the link I provided. Being onshore doesn't change that requirement.

I would really suggest seeking professional help via a MARA-registered migration agent... obviously you don't want to be separated from your wife for two years, but you can't establish "usual residency" in Australia without actually being there.
 
#6 ·
For what it's worth, by the way, you're not alone in having this problem. My fiance decided around January 2011 that he wanted to marry me. He couldn't ask me until October 2012 because he had to wait until he was almost a Permanent Resident and would be in a position to actually be able to apply for a fiancee visa for me if I said yes! It will be the end of 2013 before we're together... almost three total years will have elapsed that we've been waiting due to these immigration rules.
 
#7 ·
By the way, it just occurred to me - I am assuming you haven't been living in Australia for the past two years. I'm right about that, correct? From what you said I assumed you had applied directly for a PR visa, and hadn't been previously living in Australia. Correct me if I'm wrong!
 
Status
Not open for further replies.
You have insufficient privileges to reply here.
Top