Tourist visa while Spousal visa is processed

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Tourist visa while Spousal visa is processed


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Old 02-20-2010, 04:26 AM
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Tourist visa while Spousal visa is processed

Hi,

I have what I am hoping is a quick question. Is it fine to apply for a spousal visa (subclass 309) offshore, and then while it is being processed, bring my wife to Australia for 3 months on a visitor visa?

Basically we have been told that it will take 9 - 12 months to process our offshore spousal application as my wife is Zambian (and living in Zambia). This is way too long to be apart, so I am hoping that bringing her out on a tourist visa will be acceptable. Obviously I dont want to put the spousal application in jeopardy.

She has to return to Zambia to complete her studies in August anyway - so Im hoping this alone should be enough reassurance to immigration that she will leave when her visa expires.

Thanks


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Old 02-20-2010, 05:03 AM
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Quote:
Originally Posted by benkitzelman View Post
Hi,

I have what I am hoping is a quick question. Is it fine to apply for a spousal visa (subclass 309) offshore, and then while it is being processed, bring my wife to Australia for 3 months on a visitor visa?

Basically we have been told that it will take 9 - 12 months to process our offshore spousal application as my wife is Zambian (and living in Zambia). This is way too long to be apart, so I am hoping that bringing her out on a tourist visa will be acceptable. Obviously I dont want to put the spousal application in jeopardy.

She has to return to Zambia to complete her studies in August anyway - so Im hoping this alone should be enough reassurance to immigration that she will leave when her visa expires.

Thanks
I'm no expert on immigration law in detail Ben but in general there is nothing to stop one using another visa whilst awaiting one to be processed though there could be some exceptions to that.

You would want to make it clear with an advice accompanying the application that your wife did intend to travel to Australia after the application just so if it was processed a bit earlier they would not attempt to grant it and have a refusal occur because you wife was not outside of Australia.

I would also give the advice in a separate letter or email and ask for receipt of the advice so you would then have some certainty of it being registered.





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Old 02-22-2010, 02:40 PM
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Quote:
Originally Posted by benkitzelman View Post
Hi,

I have what I am hoping is a quick question. Is it fine to apply for a spousal visa (subclass 309) offshore, and then while it is being processed, bring my wife to Australia for 3 months on a visitor visa?

Basically we have been told that it will take 9 - 12 months to process our offshore spousal application as my wife is Zambian (and living in Zambia). This is way too long to be apart, so I am hoping that bringing her out on a tourist visa will be acceptable. Obviously I dont want to put the spousal application in jeopardy.

She has to return to Zambia to complete her studies in August anyway - so Im hoping this alone should be enough reassurance to immigration that she will leave when her visa expires.

Thanks
Hi. It is highly unlikely that DIAC will grant a visitor visa. Even though you can show that she would be returning to complete her studies. I have worked in the Australian Immigration industry for 15 years and I have come up against this issue many times. Put in the complete application with all the required documents to facilitate ease of processing. Good luck.


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Old 02-22-2010, 02:56 PM
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Originally Posted by Mary Cockerill View Post
Hi. It is highly unlikely that DIAC will grant a visitor visa. Even though you can show that she would be returning to complete her studies. I have worked in the Australian Immigration industry for 15 years and I have come up against this issue many times. Put in the complete application with all the required documents to facilitate ease of processing. Good luck.
Do DIAC give a reason in the situations that you have come across Mary?





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Old 02-22-2010, 03:34 PM
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HI, the AHC here In South Africa normally quote a 3 - 6 month processing time frame for the 300 100 and 309 applications. It is essential that the bonafides of the applications are confirmed and interviews are normally conducted. If the AHC receive an visitor visa application after the submission of a spouse or fiance visa it is normally refused becuase they will be able to complete the processing of the application in a relatively quick time frame and thus avoiding the requirement for the applicant to leave Australia so that the visa can be granted and visa issued. Remember an off shore application can only be completed with the applicant 'off shore'. It is unfortunate that applications for visitor visas, from 'high risk' countries will almost invariably be refused if there is a 300 309 or 100 application is in process. regards Mary


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Old 02-26-2010, 10:05 PM
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Re: Applying for a tourist visa while a spouse visa is being processed

Quote:
Originally Posted by Mary Cockerill View Post
HI, the AHC here In South Africa normally quote a 3 - 6 month processing time frame for the 300 100 and 309 applications. It is essential that the bonafides of the applications are confirmed and interviews are normally conducted. If the AHC receive an visitor visa application after the submission of a spouse or fiance visa it is normally refused becuase they will be able to complete the processing of the application in a relatively quick time frame and thus avoiding the requirement for the applicant to leave Australia so that the visa can be granted and visa issued. Remember an off shore application can only be completed with the applicant 'off shore'. It is unfortunate that applications for visitor visas, from 'high risk' countries will almost invariably be refused if there is a 300 309 or 100 application is in process. regards Mary
Hi all,

I am from a high risk country and I live in the UK. I applied for a subclass 100 visa more than 8 months ago (including 2 months wasted when the case officer forgot to update the referrals), and it has been too long since we went to Australia. I emailed the senior migration officer in London, and was advised that I can apply for a tourist visa to Australia, while the subclass 100 application is being processed, and she actually said that lots of people do while awaiting a decision on their spouse visa applications.
Bear in mind that she knows I have been to Australia before and had 2 subclass 676 visitor visas granted.
She also noted that it's best to wait until the processing of the subclass 100 is completed as it's more convenient for us.

Hope that helps you benkitzelman.

Regards


Last edited by ame; 02-26-2010 at 10:13 PM.

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Old 04-16-2010, 12:42 PM
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Spousal Visa granted in 3 weeks!

Quote:
Originally Posted by ame View Post
Hi all,

I am from a high risk country and I live in the UK. I applied for a subclass 100 visa more than 8 months ago (including 2 months wasted when the case officer forgot to update the referrals), and it has been too long since we went to Australia. I emailed the senior migration officer in London, and was advised that I can apply for a tourist visa to Australia, while the subclass 100 application is being processed, and she actually said that lots of people do while awaiting a decision on their spouse visa applications.
Bear in mind that she knows I have been to Australia before and had 2 subclass 676 visitor visas granted.
She also noted that it's best to wait until the processing of the subclass 100 is completed as it's more convenient for us.

Hope that helps you benkitzelman.

Regards
Mate, I can't believe it, but the visa (subclass 309) was granted in just over 3 weeks... No interview, no extra correspondence, nothing - we both (the applicant and I) received an email to say the application was successful, and we were to send her passport for stamping - which we did! She is coming to Aus in 2 weeks! For the full story, and info on the application process (for anyone who is interested, its all on my blog at

beninzambia dot com

- in News and photos view the posts from 'Back in Oz' to now - not a promotional link - just a blog)
Praise God!


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Old 04-16-2010, 11:33 PM
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That's great news Ben and processing times will vary, even with supposedly HR countries, the most important thing being to have complete and correct applications well presented.
Good luck with Australia.





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Old 07-29-2011, 08:52 AM
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Quote:
Originally Posted by benkitzelman View Post
Hi,

I have what I am hoping is a quick question. Is it fine to apply for a spousal visa (subclass 309) offshore, and then while it is being processed, bring my wife to Australia for 3 months on a visitor visa?

Basically we have been told that it will take 9 - 12 months to process our offshore spousal application as my wife is Zambian (and living in Zambia). This is way too long to be apart, so I am hoping that bringing her out on a tourist visa will be acceptable. Obviously I dont want to put the spousal application in jeopardy.

She has to return to Zambia to complete her studies in August anyway - so Im hoping this alone should be enough reassurance to immigration that she will leave when her visa expires.

Thanks
Can I ask this thing again? plsss..

My partner's plan is to get wed on March, so that by April(no class already) I could come with him back to Aust using Visitors Visa(to be applied a month before the wed-is it ok?). Like benkitzelman concerned, wont it bring our spousal visa application(planning to lodged it before going to Aust) into jeopardy?

Thanks..


Last edited by 4everblue; 08-12-2011 at 06:30 AM.

  #10 (permalink)  
Old 03-18-2013, 05:58 AM
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Users Flag! From india

can we apply visitors visa while spouse visa is under process

Hi everyone,
please can anyone help me. actually i had loaded ( visa subclass 309 spouse ) visa application to australia on feb 28th. and my wife was an Australian citizen. actually process they said process time was of 7 to 9 months. so can i apply visitors visa while this application was under process.

before i had two student visa rejections to australia dose it shows any impact on this visitors visa or spouse visa ?

what are the chances of getting visa if i apply visitors visa to australia

please can you give me an idea please

thanks in advance


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