Lodge tourist visa then apply on-shore partner for wife

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Lodge tourist visa then apply on-shore partner for wife


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Old 03-14-2018, 05:14 AM
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Lodge tourist visa then apply on-shore partner for wife

Dear all,

I know this type of question has been asked several times on this and other forums, but my case is a bit specific so I would like to get advice from you all:
I am currently a PR and have been living and working full-time in Melbourne for 3 years since January 2015 with my wife (student visa) and my son (PR as well), We married in 2011 and had our son in 2016. When I apply for PR I could not include my wife in the application as she is an Australia Award Scholarship awardee and got a commitment not to change visa status. Now, she is finishing her PhD in a few months and will have to be leave Australia for 2 years as the commitment as well.
After the 2 years, we will lodge the partner visa of course but then there are two options:
1. Lodge off-shore partner visa and then lodge a tourist visa to come to Australia and wait for partner visa
2. This is a reverse of 1: lodge a tourist visa (visit family) then come here and lodge partner visa: This case, she can have bridging visa, then eligible for medicare and working right.

Our aim is to bring her back to AU as soon as possible, and thus I prefer the second option.
However, I would like to have you advice on what is the best one.

Thanks,
Phuong


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Old 03-14-2018, 08:35 AM
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Are there any exemptions to "leave Australia for 2 years commitment"?

I would guess to say there are certain types that it does not apply to, but I'm not a RMA and only thinking of other examples.


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Old 03-14-2018, 08:47 AM
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And the fact that you've been married for more than 2 years with a dependent child of the relationship means she should get the 801 or 100 at the same time as the 820 or 309.


Last edited by Skybluebrewer; 03-14-2018 at 10:20 AM.

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Old 03-14-2018, 09:05 AM
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Would the quickest way not be to repay the entire cost of the scholarship that was obtained ?

You could always see if DFAT will support it, although I doubt it as the whole point of the 2 years is so that the visa holder benifits their home community.

I would be perusing option 2 as my main plan and option 1 if I got hit with a no further stay condition.

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Old 03-14-2018, 09:13 AM
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Quote:
Originally Posted by Mania View Post
Would the quickest way not be to repay the entire cost of the scholarship that was obtained ?

You could always see if DFAT will support it, although I doubt it as the whole point of the 2 years is so that the visa holder benifits their home community.

I would be perusing option 2 as my main plan and option 1 if I got hit with a no further stay condition.
Assuming that by that time it will still be possible to apply onshore... a lot can change in a couple of years!

I'd say the OP is better off considering the options a few months prior than they plan to apply.


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Old 03-14-2018, 09:30 AM
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Quote:
Originally Posted by Skybluebrewer View Post
Assuming that by that time it will still be possible to apply onshore... a lot can change in a couple of years!

I'd say the OP is better off considering the options a few months prior than they plan to apply.
I am of the belief and happy to be proven wrong that their contract with DFAT prevents the application unless ageeed and by doing so they would be required to repay all standing costs of their scholarship.


"The requirement to return home for two years was part
of the Australia Awards Scholarship contract you signed as well as the Student Visa Subclass 576 you have been on for the duration of your studies. The consequence of these requirements not being met includes repayment of the entire cost cost of your scholarship (including the cost of any supplementary awards you received) if you apply for either:
• permanent residency or
• a visa to remain in, or return to stay long-term in Australia, within two years of completion of your studies or research."

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Last edited by Mania; 03-14-2018 at 09:33 AM. Reason: Addition of quoted paragraph

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Old 03-14-2018, 10:04 AM
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So going the partner visa route, they'd have to pay it back either way?


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Old 03-14-2018, 10:13 AM
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Quote:
Originally Posted by Skybluebrewer View Post
So going the partner visa route, they'd have to pay it back either way?
That's my understanding - If they do so within 2 years.

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Old 03-14-2018, 10:19 AM
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Then there's no need in looking at partner visa options now as I doubt the process now will be the same in 2+ years time, especially for onshore applications with the proposed changes in the works. They are better off coming back and starting their research a few months before the two years ends and see what the options are then since there's nothing they can do now anyway.


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Old 03-14-2018, 10:34 PM
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Thanks all for the advice.
1. Mostly, not to say 100% sure, no way to get rid of the '2 yrs commitment' as it is in the contract and you have already accepted and signed, unless you have to return the whole scholarship (~200k AUD)
2. Yes, I think my preference is option 2: 3 month before the end of the 2yrs commitment, we will try to lodge a tourist visa to say she and my son want to visit me. If there is not 'no further stay' condition' then it is perfect then we can do onshore partner, otherwise offshore partner then come here about several months to stay with me on the tourist visa.
3. Yes, I hope that what 'Skyblubrewer' said would be true and that there might be some changes until then.


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