Applying for partner visa from within Australia or from the UK?

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Applying for partner visa from within Australia or from the UK?


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Old 07-08-2017, 03:53 PM
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Applying for partner visa from within Australia or from the UK?

I'm an Aussie who's been living in the UK, while married to an Englishman, for over 20 years. I now want to return to live permanently in Australia, but we're not sure if we have to apply for his partner visa before we leave the UK, or if we can move to Oz and make the application over there, while my husband is on a tourist visa. (He will not be needing to work as he has chosen early retirement.)
Now that we can finally make the move, we don't really want to have wait for 18 months or so it takes these days to get the partner visa. Does anyone know if we can apply for the partner visa from within Australia?


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Old 07-08-2017, 05:31 PM
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You should have a read through some of the older forums. There is definitely plenty of content to answer your questions.

I don't think you can overstay a 3 month visitor visa even if you applied for a partner visa. Doing so could disqualify you for the partner visa grant. Also, I think current UK processing times are pretty good (6 months) whereas Oz processing times are far longer (15-17 months).

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Old 07-08-2017, 05:41 PM
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Thanks for the response.
Yes, I have read some of the older postings, but there are a lot, and trawling through them, I didn't find anything that seemed the same as our situation. Also, I know how often DIBP change the rules and in fact have done very recently, so I just thought I'd ask here in case anyone had an answer.
Just feeling anxious to get back and settle down after all this time, that's all.


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Old 07-08-2017, 05:56 PM
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Quote:
Originally Posted by Res12345 View Post
I don't think you can overstay a 3 month visitor visa even if you applied for a partner visa. Doing so could disqualify you for the partner visa grant.
This is not correct.

You can certainly come to Australia on a holiday and then decide you like it and apply for a partner visa onshore while the tourist visa is still in effect. Many people do this. It might be a good option for you since your husband doesn't need to work. He would get a bridging visa once you apply for the partner visa and the bridging visa would kick in once the tourist visa expires.

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Old 07-08-2017, 07:26 PM
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Yes, you do have the option to apply onshore while he's on an ETA. Obviously it's not advisable to announce to immigration your intention upon arrival and your luggage should give no indication of your intent.

I arrived on a tourist visa in 2015, then applied for partner visa. I'm currently awaiting PR (801). Since you have been married for more than 3 years, you husband would be eligible for direct PR grant.

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Old 07-08-2017, 10:49 PM
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Like said before, you absolutely can apply from a tourist visa as long as it doesn't come with the "No further stay" condition (which you don't have to worry about on the ETA 601 visa). But your partner would have to come to Oz as a genuine tourist and then if he happens to like it enough, you guys can decide to stay by applying for the onshore 820/801 partner visa before the 3 month stay runs out on the tourist visa (give yourselves a few weeks; don't wait until the last minute).

Once the 820 is applied for and a bridging visa A has been granted (BVA. It is granted automatically after applying), he will have to stay onshore until his current 3 month stay on the ETA runs out (i.e., "overstay") and then the BVA can go into effect. While on the BVA, he will have full work rights (though that doesn't matter in your case) but no travel rights to leave and reenter Oz until the 820/801 is granted. If he needs to travel, he'll have to apply for a temporary travel visa (BVB) and it is usually only granted for the length of travel.

Also, once the 820/801 has been applied for, he can apply for Medicare.


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Old 07-08-2017, 11:05 PM
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Originally Posted by Res12345 View Post
I don't think you can overstay a 3 month visitor visa even if you applied for a partner visa. Doing so could disqualify you for the partner visa grant.
Not right at all. In fact, if an 820/801 has been applied for from an ETA, the person would HAVE to stay onshore until the 3 months runs out to activate the BVA.


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Old 07-08-2017, 11:12 PM
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And for processing times, offshore times can be a gamble. Yes the offshore times currently tend to be much faster but not always... for example, one guy got an offshore visa from Canada in one month and another has been waiting 17 months with no word. We've seen Canada to be generally very fast for offshore partner visas but there are clearly some who aren't so lucky. You can never predict how quickly your visa will be processed. And if he applies offshore, the only option to come to Oz while waiting would be the ETA and it's not meant for multiple long stays (they can and have stopped people for using the full 3 months on the ETA back to back).

At least if you apply onshore, he'll be able to live with you in Oz while you wait out the visa, and having to wait for it isn't really a big deal as the BVA gives work rights and he'll have Medicare. Only thing is having to apply for a BVB if you want to leave Oz while on a BVA but they most always grant these. As for the gamble on wait times, most people are waiting over a year but some have received it much faster.


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Old 07-08-2017, 11:39 PM
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Quote:
Originally Posted by Res12345 View Post
I don't think you can overstay a 3 month visitor visa even if you applied for a partner visa. Doing so could disqualify you for the partner visa grant. Also, I think current UK processing times are pretty good (6 months) whereas Oz processing times are far longer (15-17 months).
If the visitor visa comes with maximum 3 months stays it would simply cease if the person did not depart Australia. If the person had lodged a valid application onshore for a partner visa in the meantime, the associated bridging visa would then come into effect and the person would not be overstaying their visitor visa. They'd simply move to another visa.

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Old 07-09-2017, 02:54 AM
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Current waiting times for the London HC we've seen on this forum range from between 5 weeks to 6 months. But that's obviously just the people who post here. There might be people waiting much longer, who knows. If you are not planning on moving over immediately, but in half a year or so, the gamble could pay off. If you have the evidence you need (and you should have after all the time you've been together), you could potentially make your first entry with a Permanent Resident visa in less than a year. But again, there is no guarantee for that.

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