Processing times for stage 1, temporary partner migration visa.

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Processing times for stage 1, temporary partner migration visa.


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Old 10-03-2013, 04:32 PM
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Processing times for stage 1, temporary partner migration visa.

Hi there,
Basically my scottish boyfriend and I are in the process of applying for his Partner migration visa (de-facto relationship) and I have a couple of questions.
I'm an Australian citizen & have been living in the UK with him for the last 2 years, He lived previously in Australia on a working holiday visa for 1 year. My visa is up in 2 months time and the two of us are heading back home to Australia in November, travelling through asia until Mid January. This gives us approximately 3 months until we arrive in Aus. When we send all our completed forms away, how long will it take for him to be granted temporary residency in Aus? Are we better sending everything aawy just now and hoping that it's all approved before we arrive in Aus? Or should he head to Australia on a 3 month holiday visa and apply within Australia?

This is the bit that is scaring me;
"If you lodge your Partner visa application while you are outside Australia, you must be outside Australia when the temporary Partner visa is granted. If you lodge your application while you are in Australia, you must be in Australia when the temporary Partner visa is granted."

On a sidenote, this forum has been extremely helpful with the process so far so any help would be greatly appreciated.


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Old 10-03-2013, 04:39 PM
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I waited 18 months for my onshore temporary partner visa. It's supposedly quicker offshore, but not much.


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Old 10-03-2013, 04:45 PM
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it takes about 8 months to get approved offshore for a de-facto visa applied for in london. i don't see a real chance of getting it within 3 months.
you also might have to send additional info etc. while being in the application process and this might get hard to do while you travel.
if he has an evisitor visa he has to leave every three months and tell his CO when he is staying where. the CO will inform him when his visa is ready to be approved and then he has to go offshore to get it granted.

have you applied for an evisitor visa yet? if you can apply onshore at all depends if he would get a "no further stay" condition on that visa or not. if he doesn't, he could apply onshore and then have full working rights while on a bridging visa.


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Old 10-03-2013, 05:20 PM
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There's no way you'd get an offshore partner visa in three months. You can apply onshore if you can get an e-visitor visa (or another type of tourist visa) issued for him without a "no further stay" condition. They do sometimes balk at issuing tourist-related visas soon after someone has had a WHV, but if it's been a couple of years he might be okay.

You COULD apply offshore now, and then try to get a visitor visa for him to come stay with you during the 8 month processing time. You would just let your CO know he's going to be onshore on a tourist visa. If they're ready to grant your visa while he's in Australia, they'll let you know he needs to get offshore.

But honestly, I would try your luck at getting a visitor visa (without a no further stay condition) and and applying onshore first. It's much less hassle and you get to wait it all out together. Also, the second you apply for the 820 he'll have access to medicare, and the second his visitor visa expires he'd be on a bridging visa with full work rights. It's better than the alternative in your situation, IMO.

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Old 10-03-2013, 05:25 PM
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They must have changed the Medicare rules since I applied.


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Old 10-03-2013, 05:36 PM
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Quote:
Originally Posted by Ozz777 View Post
They must have changed the Medicare rules since I applied.
When did you apply? That's been the case for quite some time now. Though, very rarely, people do encounter lower-level workers at Medicare that are unaware of this policy. In those situations, sometimes supervisors have to be consulted before they get someone who knows what they're talking about. But in general it's not a hassle at all - just in and out.

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__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 10-03-2013, 05:59 PM
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Thanks for your super fast replies guys.

Sounds like a the best option would be to wait until we are in Aus & he is on his holiday visa to apply. I didn't realise that a bridging visa would start as soon as his holiday visa expired. I'm not super worried about it not being approved for any other reason than him not being in the right place at the right time.

Thanks again, really really appreciate the help.

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Old 10-04-2013, 11:09 AM
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Can I just ask another question, which visitor visa is the best to apply for to be guaranteed he can apply for his de-facto visa? Which one is without a no further stay condition? Or is it all just dependant on what immigration decides?


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Old 10-04-2013, 12:30 PM
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It is all depends on the DIBP to put a "No Further Stay" condition onto your tourist visa.

They can still stop you at the airport if they suspect you are coming to work instead of travel on a tourist visa.

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