Entering Australia to apply for Partner visa 820

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Entering Australia to apply for Partner visa 820


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Old 07-07-2020, 03:09 PM
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Entering Australia to apply for Partner visa 820

The title is supposed to be Australia, apologies

Hello everyone,

I spent a few hours going over the threads on this topic and didn't manage to find an answer, my apologies in advance if this is clarified in another thread already.

I have been cohabiting with my fiancée for the past 5+ years and we are engaged for almost a year and a half now. Our wedding was scheduled for December this year overseas but that had to be cancelled with all this Covid situation so instead we are doing a civil marriage in the UK instead before the end of this year.

My fiancée is granted Australian citizenship through descent and I hold a Greek passport. Neither of us has even lived or visited Australia.

Our plan is to move to Australia sometime early to mid 2021 and apply for my partner visa. I understand we qualify for a Partner Visa 820 as we have both been living together in the UK for 5 and a half years already and we will also be married before the move takes place.

What I have not been able to figure out is what type of visa I need to have in place before we enter Australia. Looking at the government website, I can see that a Tourist 600 visa may come with "no further stay" conditions, which would prevent me from lodging the Partner visa application, if my understanding is correct.

I would like to see if any of you as a better understanding of what type of visa I should obtain that will allow me to enter Australia on my Greek passport and also will not prohibit me from submitting the Partner visa while I am in-country.

Hope that makes sense!

Thank you very much.


Last edited by StellaP; 07-07-2020 at 05:41 PM. Reason: wrong title

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Old 07-07-2020, 11:49 PM
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May I suggest that you consult one of the registered migration agents who posts on this forum for an assessment of your possible visa strategies?

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Old 07-08-2020, 07:31 PM
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I'm about to be in a very similar situation. Let me just preface this with the fact that I'm no expert; just someone who did a little digging for info, so I can't guarantee everything is 100% correct. As wrussell said above, registered migration agents are the best bet to ensure things are correct and smooth.

Until COVID hit, our plan was to use an ETA visa to get onshore to lodge an 820, let the ETA lapse into a bridging visa after three months, and then get busy living. But now, one cannot apply for an ETA; it seems only a few other options exist and "no further stay" seems a high possibility with them. Not to mention, a bridging visa wouldn't kick in until after the tourist visa expires, which if not an ETA, can be up to 12 months. That means 12 months of not being able to work legally and so forth.

We brainstormed for a bit and came up with another approach: Using visa 309/100 instead. Yes, it's offshore and you can't live in Australia while it processes, however it seems unlikely that Australia will re-open to international flights anytime soon, even into next year, so you'd probably have a tough time getting there anyway (A migration agent could really help on this point as I know nothing about the exemptions and such). So if you're going to be stuck outside of Oz regardless, a 309 would let you apply and start the waiting period right away rather than waiting until you can get onshore to apply for the 820, plus 309's seem to process a lot faster than 820's. Heck, you might even get a 309 approved before you'd be able to get into Oz to lodge the 820 and you'd be that much farther ahead. That's probably what we will end up doing, but until we arrive at the time of application all we can do is monitor the events as they play out.


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Old 07-09-2020, 04:42 PM
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Indeed, thank you both.

I am not planning on non consulting any expert, I work in immigration myself and therefore know the importance of a proper review from an expert, especially considering the fees for an Australian process.
Just trying to do my initial research so that I have a better understanding when the time comes to discuss this with an immigration lawyer/consultant.

It looks like we may need to resort to the offshore option, if the restriction continue, although I really wish to avoid this. I wouldn't like to remain to the UK much longer to be fair.

I also need to ensure that I will be able to work immediately or in a very short time as I will most likely be getting a transfer with my employer to their offices in Australia. Which is another reason to do the offshore process but I am just worried that going down this route might result to me not being able to get to Oz for the next 2 years or so.

I guess we will need to keep monitoring the situation and keep our plan fluid for now.

Thanks again, and best of luck to you too.


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Old 07-09-2020, 08:33 PM
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Getting to Australia to lodge your onshore Partner Visa is currently a dream and for a unknown but possibly long time.

Given the cost of Partner Visas, you many well be best to consult a migration agent. Working in immigration outside Australia will be of little help with the Australian process - if you can get hold of the PAM 3 it will help with the current insight of the visa you are looking at.

A work visa maybe a far cheaper and faster option.

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Old 07-09-2020, 10:35 PM
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When the cost of the mandatory pre-migration skills assessment and other ancillary costs are taken into account, the costs can easily be more than the (excessive) partner visa application charge and there is no certainty of receiving an invitation to apply. Meeting the points test for a points tested visa is another hurdle.

The minister can remove a skilled application from a list at any time and states or territories can (and do) change their nomination criteria in the middle of the game. My view is that if a prospective applicant nominates an eligible skilled occupation and acts in a timely manner, neither the minister nor any other authority should be able to pull the rug from under them.

BTW
Some of the information found in PAM3 is notably out of date.

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Old 07-10-2020, 05:14 PM
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Thank you both,

A work permit is out of the question for me as I do not want to tie myself to an employer.

I guess we will have to put this on ice for now and just accept that the move will be delayed either way.


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Old 07-13-2020, 04:46 AM
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Similar Question

Similar question though slightly different. I understand that a PMV 300 applicant who gets married prior to the PMV 300 being granted results in the PMV 300 being converted to a 309. Both 300 & 309 are OFFSHORE visas. My question is, if granted an exception to travel to Australia on a tourist visa 600 or 601 - would a PMV 300 application get converted into an 820 ONSHORE application if the sponsor and applicant get married? The question is more related to the costs than the ability. I know that we could apply for an 820 after we get married and simply forfeit the 300, but the $6,430 difference in cost bears consideration for taking that path.


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Old 07-13-2020, 05:45 AM
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Quote:
if granted an exception to travel to Australia on a tourist visa 600 or 601 - would a PMV 300 application get converted into an 820 ONSHORE application
No.

You would have to pay another visa application charge and could do so only if the visitor visa did not have a 'no further stay' condition imposed.

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Old 07-13-2020, 06:21 AM
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Thank you for the quick response!


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