Visitor Visa Stream application of husband to Partner Visa Application

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Visitor Visa Stream application of husband to Partner Visa Application


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Old 11-29-2017, 07:47 PM
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Visitor Visa Stream application of husband to Partner Visa Application

Good day everyone!

I am looking forward that someone could enlighten me in my small dilemma.

My husband is about to lodge his visitor visa steam application in Aus next month. We didn't apply the partner visa straight away as we are thinking that it would take him longer. And since we are newly married, we really wanted the shortest possible processing time for us to be finally together.

My concerns are:

1) in my invitation letter to him, I've mentioned our actual game plan - which is to apply him for a Partner Visa (while he's here on his tourist visa). So that the immigration officer hopefully wouldn't give him "NFS" no further stay and if that's the case, he needs to go back home. I also stated my simple reason that we think visitor visa is the fastest route for him to come here, and we want to celebrate our first Christmas and New Year together as a newly married couple. Do you think being too transparent of our plan would matter to the immigration? I am not too sure if I need to disclose this to them.

2) my husband just realised that his passport will expire on August 2018. I've asked him to renew before he comes here, but at the moment, the schedule (for passport renewal) is already full for December 2017 which just leaves him to apply in January 2018. Will it matter if he'll lodge his Visitor Visa now using his "nearly expired" passport? Then if he receives the approval from the immigration, he'll just use his new passport (in case he gets a schedule for passport renewal) to enter here??

Hopefully someone could help me out with these. Thanks guys!


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Old 11-29-2017, 08:05 PM
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1. This is such a bad idea. A tourist visa is for tourism. If you write in your letter that you're basically only applying for that tourist visa so he can come here to lodge a partner visa onshore then expect a refusal as he will not have met the Genuine Temporary Entrant requirement.

2. He has 9 months still left so it should be fine to apply and you can always update DIBP with new passport information.


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Old 11-29-2017, 08:16 PM
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What you are suggesting will result in the tourist visa being refused.

Ramah likes this.
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Old 11-29-2017, 08:26 PM
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Thanks for your reply Nick and Ramah. I didn't write in my letter that he's only applying for a tourist visa so he can lodge a partner visa here. The main reason why we chose tourist visa now so that he can come here during the Christmas Season and New Year and be with me. I was just being open about our next step - which is to apply the partner visa while he's here. Is it better to remove that part?


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Old 11-29-2017, 08:33 PM
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This is how I wrote it:

"....we recently got married this year and we opted to apply him for a tourist visa for now as we think that this is the fastest way that we can be together and start our family. Also, we are looking forward in celebrating our first Christmas and New Year together as a married couple. Hopefully, we could apply for a Partner Visa while he stays in the country."


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Old 11-29-2017, 08:44 PM
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Quote:
Originally Posted by jemille View Post
Thanks for your reply Nick and Ramah. I didn't write in my letter that he's only applying for a tourist visa so he can lodge a partner visa here. The main reason why we chose tourist visa now so that he can come here during the Christmas Season and New Year and be with me. I was just being open about our next step - which is to apply the partner visa while he's here. Is it better to remove that part?
A visitor visa is for visiting, meaning coming to Australia for a temporary visit and then leaving.

What you're telling immigration is that your husband will come here for a visit and then not leave (by applying for another visa).

There's nothing illegal about applying onshore for a partner visa, I did it myself but to come in with the predetermination of applying for a partner visa is a surefire way to get the visitor visa refused.

There are certain criteria that ALL applicants must meet in order to be granted a visa, this goes for ALL visas. One of the criteria for a tourist visa is that the case officer must be satisfied that the applicant is genuinely a tourist who will be here temporarily but what you're giving them in black and white writing is that he is not a genuine temporary entrant.

There's nothing wrong with coming to Australia, falling in love with the country and then deciding to apply for a more permanent visa, that's well within your rights currently.

But, having the intention beforehand will not get you a tourist visa granted.

I hope this makes sense.


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Old 11-29-2017, 08:48 PM
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May I ask what citizenship your husband holds?


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Old 11-29-2017, 09:11 PM
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I see.. I'll just edit my letter then. I really appreciate your insights Ramah. By the way, he's also Filipino.


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Old 11-29-2017, 09:18 PM
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Quote:
Originally Posted by jemille View Post
I see.. I'll just edit my letter then. I really appreciate your insights Ramah. By the way, he's also Filipino.
You're welcome

Has he ever been to Australia before?

I'm only asking as the Philippines is classed as a high risk country in the eyes of Australian Immigration so it might be wise to consult a registered migration agent for help and to ensure best chances of a successful application.

From what I know, it can be hard to get a visitor visa sometimes for applicants from high risk countries. Some applicants get refused even with a lot of evidence to ensure all criteria are met (strong ties to ones own country etc).


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Old 11-29-2017, 09:28 PM
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yup, he's been here once but only for a layover for few hours. He was granted a visitor visa in New Zealand last year when I was still working there-if that fact would help?


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