Leaving country before partner visa granted

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Leaving country before partner visa granted


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Old 06-02-2019, 03:05 AM
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Leaving country before partner visa granted

Hello all! I am Australian and my German partner is applying for an 820 - we had thought in August before his working holiday 2nd year expires. He is going back to Germany on Wednesday for a three week holiday, then we were going to apply... we just realised he will probably be questioned about coming back into country on a working holiday Visa with one month remaining...
If we applied for 820 before Wednesday he won’t be able to travel? But if they question him on his return - if he says he intends to apply for an 820 - is that good or bad??? Is he likely to be told ok do that - or no, go back and apply???

Any help most gratefully received!!!


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Old 06-02-2019, 07:08 AM
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Quote:
Originally Posted by Liah View Post
Hello all! I am Australian and my German partner is applying for an 820 - we had thought in August before his working holiday 2nd year expires. He is going back to Germany on Wednesday for a three week holiday, then we were going to apply... we just realised he will probably be questioned about coming back into country on a working holiday Visa with one month remaining...
If we applied for 820 before Wednesday he won’t be able to travel? But if they question him on his return - if he says he intends to apply for an 820 - is that good or bad??? Is he likely to be told ok do that - or no, go back and apply???

Any help most gratefully received!!!
If he applied for a partner visa onshore, then he'd get the BVA grant straight away (no travel, as you know) but it doesn't go into effect until the current visa ceases. Meaning he can hold the BVA grant but he's still bound by the conditions of his current visa that is still active. So basically, he can apply before he goes and then still travel and reenter on his WHV as long as it's still active. A VEVO check to verify the visa dates is always a good idea before going overseas. Then he gets back before it expires, let's it expire while he's onshore, then the BVA will kick in and that's when he's bound by the BVA conditions of full work rights and no travel.

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Old 06-02-2019, 07:10 AM
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But if you're not ready to apply until after the trip, then I personally wouldn't think that he'd have issues with a month left on the WHV as that's a good bit of time. It's not like he's entering the day before it expires or something.

But that's just the opinion of a random person on the internet.


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Old 06-02-2019, 07:22 AM
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Thank You Very much for your reply. We have begun looking at the application but it seems cooooomplicated... lots of info. On his family, my family... do you need to supply supporting documents with this application or later?
THANKS 🙂


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Old 06-02-2019, 07:35 AM
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Quote:
Originally Posted by Liah View Post
Thank You Very much for your reply. We have begun looking at the application but it seems cooooomplicated... lots of info. On his family, my family... do you need to supply supporting documents with this application or later?
THANKS 🙂
You should provide all the essential evidence with the application. If you meet the requirements now, my advice would be to apply sooner than later to avoid getting caught out by price increases ( 1July) and changes to the partner visa application procedures ( date unknown), which may make it impossible for people on temporary visas to apply onshore.

Applying now and getting a BVB before leaving seems the most sensible approach.

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