Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

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Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)


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Old 09-14-2017, 02:24 PM
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Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

Hello everyone! I am new at this forum and I would like you to ask a few questions. I will put the facts first so would be easier to understand the situation my wife, daugther and me currently are.

The facts:
1. I am a Permanent Resident living in Chile and just got my Resident Return Visa for 1 year, so I should be in Aus not after Aug 29th 2018.

2. Me and my wife decided to move to Australia, hence we will apply for Spouse visa. We are married (2 years and 9 months) and have a daugther.

3. My wife (nor my daughter) do not have an Australian Visa.

Questions:
1. Is it possible to Apply for Spouse visa offshore (309 and 100), and then travel to Australia under Visa 600 (sponsored by my mother)?

2. If so, what happens if she applied to spouse visa offshore, and a decition is made while she is in australia (for the 309 temp)?

3. What options would be have to travel all together?

4. Can we apply for any bridge visa?

Thank you in advance!
Looking forward to hear from you!!
-Eduardo


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Old 09-14-2017, 02:32 PM
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Quote:
Originally Posted by emaldonado View Post
Hello everyone! I am new at this forum and I would like you to ask a few questions. I will put the facts first so would be easier to understand the situation my wife, daugther and me currently are.

The facts:
1. I am a Permanent Resident living in Chile and just got my Resident Return Visa for 1 year, so I should be in Aus not after Aug 29th 2018.

2. Me and my wife decided to move to Australia, hence we will apply for Spouse visa. We are married (2 years and 9 months) and have a daugther.

3. My wife (nor my daughter) do not have an Australian Visa.

Questions:
1. Is it possible to Apply for Spouse visa offshore (309 and 100), and then travel to Australia under Visa 600 (sponsored by my mother)?

2. If so, what happens if she applied to spouse visa offshore, and a decition is made while she is in australia (for the 309 temp)?

3. What options would be have to travel all together?

4. Can we apply for any bridge visa?

Thank you in advance!
Looking forward to hear from you!!
-Eduardo
1) In theory, yes.
2) A decision can't be made while she is in Australia. She will have to go offshore first.
3) You can if your wife and daughter are both granted tourist visas.
4) No, not unless they lodge some other onshore visa application, which has a bridging visa associated with it.

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Old 09-14-2017, 03:09 PM
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Thanks for your reply!
I have further questions regarding anser number 2:
- When you say "A decision can't be made while she is in Australia. she will have to go offshore first". Asuming she is on a visitor visa, Will she be notified that she has to travel outside Australia for a decision? for example traveling to NZ?
- Is the sopuse visa 'activated' when she is offshore or when she enters to australia?

For answer 4:
- I understand that under 600 visa, you can't apply to another visa (or substancial visa) if it has the "No further stay" mark.
Do you know why some tourist visas have this mark?


The most important thing for us is, we would like to the 3 of us together to Australia and stay. I wouldn't have any problems as I am Permanent Resident. We would like to know what would be the best way to apply for a spouse visa (or any other conducting to a sustantive visa) and staying all together. We wouldn't like to be separate while a sopuse visa decision is being made... makes sense?

Looking forward to hear from you,
-Eduardo


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Old 09-14-2017, 08:06 PM
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She would be notified that she has to travel offshore for a decision.

"No further stay" is imposed where there are concerns about a person's intention to try and remain in Australia. Family sponsored tourist visas always come with a " no further stay" condition.

Note also that as a PR (and not a citizen) you should be " normally resident" in Australia to qualify as a sponsor.

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Old 09-14-2017, 08:26 PM
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Nick,

Thanks for your reply!
So, are you saying that our options are limited to:
a. Me traveling to australia first, and demostrate I live in Aus, then my wife applying for Spouse visa offshore?

Do you see any other valid options?

Looking forward to hear from you!
-Eduardo


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Old 09-14-2017, 10:13 PM
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Quote:
Originally Posted by emaldonado View Post
Nick,

Thanks for your reply!
So, are you saying that our options are limited to:
a. Me traveling to australia first, and demostrate I live in Aus, then my wife applying for Spouse visa offshore?

Do you see any other valid options?

Looking forward to hear from you!
-Eduardo
Hi Eduardo, I can't provide case specific advice on a public forum. My comments are of a general nature only.

Feel free to contact me directly by email, if you want more detailed advice.

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Nick van Voorst
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Old 09-20-2017, 08:45 PM
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Nick,

Thanks for your reply. I couldn't find an email contact to write you, however I found your Skype usernam(?). I sent you a quick message. Please let me know wheter is that ok for you, or if you preffer by email.

Looking forward to hear from you.
Kind regards,
-Eduardo


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Old 09-20-2017, 09:40 PM
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Quote:
Originally Posted by emaldonado View Post
Nick,

Thanks for your reply. I couldn't find an email contact to write you, however I found your Skype usernam(?). I sent you a quick message. Please let me know wheter is that ok for you, or if you preffer by email.

Looking forward to hear from you.
Kind regards,
-Eduardo
My contact details are in my signature. I only use Skype for pre-arranged consultations to avoid nuisance calls and SPAM messages.

Email is : [email protected]

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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