Partner Visa 820 Question

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  • 1 Post By paulhand
  • 1 Post By Milk and 2 sugars please.

Partner Visa 820 Question


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Old 03-09-2020, 11:46 AM
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Partner Visa 820 Question

Hi there. Hope someone can help.

Currently we're looking to apply for a partner visa for my wife but we're a little unsure of a point in the application.

My wife is currently on a student visa which has no restrictions regarding applying for other visas.

We had a long distance relationship between Australia and Japan prior to her coming to study.

Developing skills through study was something she had been looking to do and Australia offered better opportunities for study as opposed to Japan

Our intentions were to go back to Japan together once her studies were over (we discussed this at the time she was applying for her student visa and she wrote her intention to return in her student application).

Since then, my wife changed courses due to her original occupation choice being a bad fit for her personality. She has had to reconsider her plans for home. Despite really enjoying her new field of study, the skills aren't instantly transferable as her old course was.

Since she started school in Jan 2019, we have lived together and our relationship grew to the point where we are now married (since November)

We married in her home town, and on our visit our eagerness to move to Japan has dampened some what. I lived in Japan before, but I was perhaps looking at that time through rose tinted glasses.

We have really settled into life here in Australia and our perspectives of leaving Australia have changed. I used to have a strong desire to be anywhere but here, but my wife completes me in so many ways and we are content in what we have here (it's hard to better content which worries me lol). To top off the contenment factor, I've recently been offered a good and well paying job.

My query is regarding when we apply for a partner visa. Should we do it offshore when her student visa expires in September (show her intention to return home was genuine), or would a change of circumstance be considered by the presiding case officer when looking at an onshore application?

Hope this makes sense,

Thanks to anyone out there who may have some thoughts on the matter.


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Old 03-09-2020, 01:07 PM
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Quote:
Originally Posted by Milk and 2 sugars please. View Post
Hi there. Hope someone can help.

Currently we're looking to apply for a partner visa for my wife but we're a little unsure of a point in the application.

My wife is currently on a student visa which has no restrictions regarding applying for other visas.

We had a long distance relationship between Australia and Japan prior to her coming to study.

Developing skills through study was something she had been looking to do and Australia offered better opportunities for study as opposed to Japan

Our intentions were to go back to Japan together once her studies were over (we discussed this at the time she was applying for her student visa and she wrote her intention to return in her student application).

Since then, my wife changed courses due to her original occupation choice being a bad fit for her personality. She has had to reconsider her plans for home. Despite really enjoying her new field of study, the skills aren't instantly transferable as her old course was.

Since she started school in Jan 2019, we have lived together and our relationship grew to the point where we are now married (since November)

We married in her home town, and on our visit our eagerness to move to Japan has dampened some what. I lived in Japan before, but I was perhaps looking at that time through rose tinted glasses.

We have really settled into life here in Australia and our perspectives of leaving Australia have changed. I used to have a strong desire to be anywhere but here, but my wife completes me in so many ways and we are content in what we have here (it's hard to better content which worries me lol). To top off the contenment factor, I've recently been offered a good and well paying job.

My query is regarding when we apply for a partner visa. Should we do it offshore when her student visa expires in September (show her intention to return home was genuine), or would a change of circumstance be considered by the presiding case officer when looking at an onshore application?

Hope this makes sense,

Thanks to anyone out there who may have some thoughts on the matter.
Many people have a change of mind and end up applying onshore, even within a few weeks from a visitor visa.

I can't imagine an 820 onshore application would be a problem. It appears to be your best option.

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Old 03-10-2020, 12:13 AM
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Many people have a change of mind and end up applying onshore, even within a few weeks from a visitor visa.

I can't imagine an 820 onshore application would be a problem. It appears to be your best option.
Agreed. Just do it here. Just mention everything in your supporting evidence.


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Old 03-11-2020, 01:03 AM
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Hi guys. Thank you for your replies.

It certainly seems logical and makes sense what you're suggesting. As you can probably appreciate, this visa stuff puts our minds into a bit of a wirl and we lose sight on the common sense aspects.

Thanks again and I appreciate your time to reply,..


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Old 03-11-2020, 04:01 AM
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Do make sure she finishes her course so the student visa expires of its own accord. Some students are tempted to drop out early and then end up in all sorts of visa strife.

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 03-11-2020, 04:43 AM
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Originally Posted by paulhand View Post
Do make sure she finishes her course so the student visa expires of its own accord. Some students are tempted to drop out early and then end up in all sorts of visa strife.
Now there is an understatement!


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Old 03-11-2020, 05:11 AM
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Now there is an understatement!
Thatís what we Poms are good at!

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Old 03-11-2020, 11:24 PM
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Quote:
Originally Posted by paulhand View Post
Do make sure she finishes her course so the student visa expires of its own accord. Some students are tempted to drop out early and then end up in all sorts of visa strife.
Hi there. Thanks for the heads up. It's all good in that regard, she's an A+ student who hasn't missed a day of school and has no intention to either.
There's no rush for her to stop studying either and she's considering where to take her learnng to next after this course finshes.

My wife thinks I'm being supportive with regards to her studies but she doesn't know I'm just tooling her up to become the breadwinner and then I'll take a back seat lol.

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