Tourist Visa to Prospective Marriage Visa 300 - Page 2

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Tourist Visa to Prospective Marriage Visa 300 - Page 2


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  #11 (permalink)  
Old 01-20-2020, 06:56 AM
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Quote:
Originally Posted by celestem View Post
I just checked with him and the tourist visa from his most recent visit did not have the 8503 'No Further Stay' condition. It does now sound like marrying on a tourist visa and applying for partner visa might be a better option than waiting for the PMV etc.
There is no guarantee the next visa will be the same.
But, yes, it sounds a better option.

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  #12 (permalink)  
Old 01-20-2020, 07:08 AM
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Please update your flag here .

Ok, I am now thinking of Plan C lol.

I'm writing because I don't know if it's actually allowed? Obviously if it's not then Plan C will be scrapped and back to Plan B we go haha.

(NOTE: Partner's visa allows multiple entries. Length of stay is three months from the date of each arrival.)

1. Partner comes to Australia on a Tourist Visa and we get married within 90 days.
2. Prior to the visa expiring, we leave the country and go on our honeymoon.
3. We return to Australia. Partner now has another three months. We apply for the Temporary Partner visa during the second month, having now been living together in Australia for five months (during which we have collected evidence of living together from bills, mail, etc).

Assuming the above is all okay, my new question is the following:
Will the bridging visa (tourist --> temporary partner) be granted after the 90 days finish, or after the "must not arrive after xx/xx/xx" date on his visa? I would assume the latter is the "expiry" date?

Sorry for asking a trillion questions. I truly appreciate everyone for taking the time to respond.


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  #13 (permalink)  
Old 01-20-2020, 07:57 PM
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Bridging visa is granted when a valid onshore partner has been lodged and will come into effect when 3 month tourist visa stay period is up.

The main potential issue with your plan is re-entering Australia multiple times on a tourist visa, as he could be denied entry , if not deemed a genuine visitor.

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  #14 (permalink)  
Old 01-20-2020, 11:21 PM
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Please update your flag here .

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Originally Posted by CCMS View Post
The main potential issue with your plan is re-entering Australia multiple times on a tourist visa, as he could be denied entry , if not deemed a genuine visitor.
Hi CCMS, thank you for your response. My partner's visa is a 601 ETA. My wording of it as a 'tourist visa' may have been incorrect. On the 601 he is allowed to enter Australia multiple times within a 12-month period, and he can stay in the country for up to three months each time he enters. The dot-point plan I mentioned above would only have him enter the country through the same 601 two times. Do you think this might still become an issue or is it less of a problem considering his visa is the subclass 601?


Last edited by celestem; 01-20-2020 at 11:59 PM. Reason: Edited for clarification's sake

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Old 01-20-2020, 11:36 PM
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There are no conditions imposed on a bridging visa A granted in respect of an 820 application. May I suggest that you consult one of the registered migration agents who posts on this forum before you commit to a course of action?

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  #16 (permalink)  
Old 01-20-2020, 11:51 PM
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Originally Posted by celestem View Post
Will the bridging visa (tourist --> temporary partner) be granted after the 90 days finish, or after the "must not arrive after xx/xx/xx" date on his visa? I would assume the latter is the "expiry" date?
From what I understand, the effective date would be after the 90 days finish.

If you are still in Australia at that time, you would switch over to the BVA.

I also think this...

If you leave Australia, then you either return on a new 90 day 601ETA, or on a BVB, if you have that. (worth checking that bit)

Returning on a new 90 day 601ETA, after marrying, may be an issue as CCMS mentioned earlier.

Regarding the "must not arrive after xx/xx/xx" date on his visa? I would assume the latter is the "expiry" date?, you still get 90 days after that arrival date, even if you arrived on the "xx/xx/xx" date, so the expiry date would be after that 90 days.

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  #17 (permalink)  
Old 01-21-2020, 12:10 AM
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Please update your flag here .

Hi everyone, thanks for your responses. I realise now the potential issue with returning on the same 601 after marrying. I had assumed it would be okay because the 601 allows visitors multiple entries within a 12-month period, but I can understand that after marriage he will likely no longer be considered a visitor.

It appears that the best course of action to take would just be to come here on the 601, marry and apply for the partner visa within the 3-month period, and then wait for the three months to end so that the 601 would be automatically overridden by the BVA.

Is this actually allowed, though? Is it legal to overstay your 601 so that it is forced to be overridden by the BVA?


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Old 01-21-2020, 01:11 AM
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Quote:
Originally Posted by celestem View Post
Hi everyone, thanks for your responses. I realise now the potential issue with returning on the same 601 after marrying. I had assumed it would be okay because the 601 allows visitors multiple entries within a 12-month period, but I can understand that after marriage he will likely no longer be considered a visitor.

It appears that the best course of action to take would just be to come here on the 601, marry and apply for the partner visa within the 3-month period, and then wait for the three months to end so that the 601 would be automatically overridden by the BVA.

Is this actually allowed, though? Is it legal to overstay your 601 so that it is forced to be overridden by the BVA?
You will not be "overstaying", because of the fact that there is a bridging visa in the background. That is the whole purpose of a bridging visa, to keep people legal while their application is being processed.
`

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  #19 (permalink)  
Old 01-21-2020, 07:08 AM
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Quote:
Originally Posted by CCMS View Post
You will not be "overstaying", because of the fact that there is a bridging visa in the background. That is the whole purpose of a bridging visa, to keep people legal while their application is being processed.
`
That's great to hear. Thank you, CCMS.

Kind thanks to everyone who took the time to respond to my questions! I feel much less stressed about the process now. Much appreciated.


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