Spouse visa

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Spouse visa


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Old 10-10-2019, 04:55 PM
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Spouse visa

Gday guys
I just got married and received my marriage certificate today , I really want my wife to come with me to aus form India at the end of my holidays.
I have created immi account and know the basics of how to apply etc , also I’m not seeking any professional assistance for my case as I’m applying myself.
My question is
a. What forms do I need to submit apart from usual subclass 600 questionnaires.?
( I’m applying tourist visa for my partner as it’s easier to get , once I got that I’ll apply permanent partner visa on shore.)
b. Do I need affidavit to write ?
c. How do I upload all these to immi account. ?
d.Do I need to write some sort of sponsorship letter ? Where do I find it ?
Thanks in advance guys. Cheers.


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Old 10-10-2019, 09:50 PM
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Quote:
I’m applying tourist visa for my partner as it’s easier to get
You have been sadly misinformed.
Best of luck with whatever you decide to do.

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Old 10-10-2019, 10:29 PM
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Quote:
Originally Posted by Jatin178 View Post
.
My question is
a. What forms do I need to submit apart from usual subclass 600 questionnaires.?
( Iím applying tourist visa for my partner as itís easier to get , once I got that Iíll apply permanent partner visa on shore.)
b. Do I need affidavit to write ?.
You need to provide sufficient proof that the applicant will return home before the visitor visa ends, and that the visa is not being used to stay in Australia.

A partner visa 309 would be the easier one to apply for.

Getting married might not have been the best option for the visitor visa.


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Old 10-10-2019, 11:01 PM
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It sounds like you want to apply for a visitor visa 600 family sponsored stream?

As mentioned above, a key component is your wife meeting the genuine temporary entrant criteria - and there are lots of moving parts there from her past visa history compliance with Australia and other countries that share intelligence with Australia to other ties that would demonstrate your wife is likely to return.

Many people have applied for a tourist visa to get their partner onshore, and then a 820/801 onshore partner visa subsequently - but I would definitely consult a MARA agent to sketch out the paths of least resistance.

Otherwise most of the info regarding documentation to apply etc. is on the DHA website:
https://immi.homeaffairs.gov.au/visa...ng/visitor-600

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Old 10-10-2019, 11:13 PM
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Originally Posted by PrettyIsotonic View Post
Many people have applied for a tourist visa to get their partner onshore, and then a 820/801 onshore partner visa subsequently.
Most would not have proven to immigration first that it was their intention to do that.

Also, the new rules coming in for Sponsors appear designed to block many 820 applications from 600 visitor visas. Forcing the applicant to leave and apply for the 309.

Quote:
Originally Posted by PrettyIsotonic View Post
- but I would definitely consult a MARA agent to sketch out the paths of least resistance.
That sounds a good idea in the circumstances.

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Old 10-10-2019, 11:33 PM
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Originally Posted by JandE View Post
Most would not have proven to immigration first that it was their intention to do that.
Absolutely not, lol - I would imagine being explicit here about a 600 to 820/801 pathway would likely render the GTE requirement unmet.

Quote:
Originally Posted by JandE View Post

Also, the new rules coming in for Sponsors appear designed to block many 820 applications from 600 visitor visas. Forcing the applicant to leave and apply for the 309.
This is good to know, but I am not across / can't off the top of my head draw the link in how the new sponsor requirements may potentially block 820 applicants from getting on shore via a 600 visa - care to elaborate?

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Old 10-10-2019, 11:39 PM
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GTE apples to students. There is a comparable, but not identical requirement for visitors

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Old 10-10-2019, 11:43 PM
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Originally Posted by PrettyIsotonic View Post
This is good to know, but I am not across / can't off the top of my head draw the link in how the new sponsor requirements may potentially block 820 applicants from getting on shore via a 600 visa - care to elaborate?
The intention is that the sponsor must be approved before the applicant puts in their Partner visa application.

The time taken for that approval process could well mean the applicant has to return home when the 600 expires, and before the sponsor is approved. Hence, then needing the 309/100 visa route.

Applying for the partner visa, on day one of entry on a visitor visa, might allow time, but will indicate to immigration the real reason for the visitor visa, ie: not being a true visitor. Not sure how that would affect things.

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Old 10-10-2019, 11:52 PM
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Quote:
Originally Posted by wrussell View Post
GTE apples to students. There is a comparable, but not identical requirement for visitors
Always learning, thanks for pointing out - in case of interest to others (and MARA agents feel free to point out if I've referenced incorrectly) regarding how the temporary entrant requirements are laid out in the Migration Regulations and differ between students and visitors:

From Schedule 2 - MIGRATION REGULATIONS 1994 - SCHEDULE 2 Provisions with respect to the grant of Subclasses of visas

Visitor visas:

"600.211

The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:

(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

(b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and

(c) any other relevant matter."


Student visas:

"500.212

The applicant is a genuine applicant for entry and stay as a student because:

(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:

(i) the applicant's circumstances; and

(ii) the applicant's immigration history; and

(iii) if the applicant is a minor--the intentions of a parent, legal guardian or spouse of the applicant; and

(iv) any other relevant matter; and

(b) the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:

(i) the applicant's record of compliance with any condition of a visa previously held by the applicant (if any); and

(ii) the applicant's stated intention to comply with any conditions to which the visa may be subject; and

(c) of any other relevant matter."

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Old 10-10-2019, 11:59 PM
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Quote:
Originally Posted by JandE View Post
The intention is that the sponsor must be approved before the applicant puts in their Partner visa application.

The time taken for that approval process could well mean the applicant has to return home when the 600 expires, and before the sponsor is approved. Hence, then needing the 309/100 visa route.

Applying for the partner visa, on day one of entry on a visitor visa, might allow time, but will indicate to immigration the real reason for the visitor visa, ie: not being a true visitor. Not sure how that would affect things.
Ah righto thanks for explaining, I see what you mean and how that may discourage some applicants from going the 600 to 820/801 route - the sponsor approval application pre-600 application could certainly be a potential flag to DHA that there is a partner visa coming down the line.

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Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

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