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Old 08-24-2013, 08:33 AM
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Hi everyone, my partner has come to australia 3 times with a tourist visa to stay with me. and we have arranged to be married,we applied to the migration dept for a bridging A visa and to wave a 8503 condition on her visa.We are still waiting for there answer,the problem is that my partners visa expires on the 27th of August and she must fly out,we want to apply for a 47sp and 40sp partner visa but it can take 1 year plus to be processed,my partner was told in Manila by the Australian embassy that she could not have an other tourist visa to come back.It is ridiculous for a couple to be separated so long while waiting for a partner visa to be processed.All we want is a temp visa ,so she can visit me here.We are not looking for my partner to migrate to Australia. What can we do? Can anybody help to get an answer for this?


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Old 08-24-2013, 09:25 AM
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Hi Yvan -

Sorry to hear of your situation. Australian immigration (DIAC) can be very sensitive to situations where people apply for one visitor visa after another - it establishes a pattern of "residency" in their minds, and goes against the valid purpose of the visa which is to enable a "temporary visit" to Australia.

8503 waivers have very specific requirements, and are not that easy to get. If you do not get the waiver /bridging visa and your partner has to depart Australia, you may be able to get another visitor visa once you've already lodged your offshore partner visa application. At that point you will have made it clear to DIAC that the applicant's ultimate goal is permanent residence in Australia, which puts the visitor visa processing in a different light. Whether they will approve it or not is impossible to predict, however I think you'll stand a significantly better chance then than you do now.

That being said, I just read your post again and saw that you are not looking for the partner to migrate to Australia...? Even if that is the case, I would still say your chance of a visitor visa will be significantly better once you've lodged a partner visa application.

Hope this helps -

Best,

Mark Northam


Also, it is not possible for DIAC to "tell someone" that they cannot have another visa. Visa refusals are done according to very specific legal procedures.

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Northam Lawyers http://nlaw.com.au [email protected]
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Old 08-24-2013, 10:07 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi Yvan -

Sorry to hear of your situation. Australian immigration (DIAC) can be very sensitive to situations where people apply for one visitor visa after another - it establishes a pattern of "residency" in their minds, and goes against the valid purpose of the visa which is to enable a "temporary visit" to Australia.

8503 waivers have very specific requirements, and are not that easy to get. If you do not get the waiver /bridging visa and your partner has to depart Australia, you may be able to get another visitor visa once you've already lodged your offshore partner visa application. At that point you will have made it clear to DIAC that the applicant's ultimate goal is permanent residence in Australia, which puts the visitor visa processing in a different light. Whether they will approve it or not is impossible to predict, however I think you'll stand a significantly better chance then than you do now.

That being said, I just read your post again and saw that you are not looking for the partner to migrate to Australia...? Even if that is the case, I would still say your chance of a visitor visa will be significantly better once you've lodged a partner visa application.

Hope this helps -

Best,

Mark Northam

Also, it is not possible for DIAC to "tell someone" that they cannot have another visa. Visa refusals are done according to very specific legal procedures.
Thank you for your advice, once we applied PMV what kind temp visa for her to return while the application is on process?

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Old 08-24-2013, 10:11 AM
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Originally Posted by MarkNortham View Post
Hi Yvan -

Sorry to hear of your situation. Australian immigration (DIAC) can be very sensitive to situations where people apply for one visitor visa after another - it establishes a pattern of "residency" in their minds, and goes against the valid purpose of the visa which is to enable a "temporary visit" to Australia.

8503 waivers have very specific requirements, and are not that easy to get. If you do not get the waiver /bridging visa and your partner has to depart Australia, you may be able to get another visitor visa once you've already lodged your offshore partner visa application. At that point you will have made it clear to DIAC that the applicant's ultimate goal is permanent residence in Australia, which puts the visitor visa processing in a different light. Whether they will approve it or not is impossible to predict, however I think you'll stand a significantly better chance then than you do now.

That being said, I just read your post again and saw that you are not looking for the partner to migrate to Australia...? Even if that is the case, I would still say your chance of a visitor visa will be significantly better once you've lodged a partner visa application.

Hope this helps -

Best,

Mark Northam


Also, it is not possible for DIAC to "tell someone" that they cannot have another visa. Visa refusals are done according to very specific legal procedures.
once we have applied for our PMV what temporary visa can she apply for? is it possible to apply tourist visa subclass 600 again?


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Old 08-24-2013, 10:27 AM
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Originally Posted by Yvan46 View Post
once we have applied for our PMV what temporary visa can she apply for? is it possible to apply tourist visa subclass 600 again?
I am sorry for the mix up,my partner Nora responded to you
yvan46


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Old 08-24-2013, 10:36 AM
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Yes - the subclass 600 would be the appropriate visitor visa for her to apply for after lodging the PMV application. I would wait at least 2-3 weeks after lodging the PMV, and in your cover letter for the 600 visa mention that you have lodged the PMV and the date you lodged it.

Also, if you're not using a migration agent, make sure you check ALL the requirements for the PMV as lodged in Manila - Manila has their own special additional requirements that you must meet, ie CENOMAR sent directly from NSO to Embassy, etc.

Best,

Mark Northam

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Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 08-24-2013, 11:03 AM
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thank you very much for your advice.at least it is great to be able to speak to someone,yvan


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