Partner Visa Help

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Partner Visa Help


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Old 03-11-2010, 12:46 PM
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Partner Visa Help

Hello!

My husband is an Australian citizen who is currently in officer training for the defence force in Canberra. I am a Canadian citizen who is still in Canada because I had to complete my undergraduate university degree.

I am afraid that we have been ill-advised by friends who have been in similar circumstances.

We were advised to apply for a partner visa once I was in Australia. I have been doing a lot of reading recently, and it looks like I might not be eligible. I'd only be able to get into the country on a tourist visa, correct? I'm not sure if I can apply for a partner visa while holding only a tourist visa.

My ticket is booked for April 29th, and so I have started to panic. My husband is unavailable so I cannot get him to get his sponsorship application together if I was to try and apply while here in Canada. There wouldn't be enough time to do that, anyways.

Is there anything I can do?

Any advice is greatly appreciated!


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Old 03-11-2010, 03:58 PM
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Quote:
Originally Posted by jessica87 View Post
Hello!

My husband is an Australian citizen who is currently in officer training for the defence force in Canberra. I am a Canadian citizen who is still in Canada because I had to complete my undergraduate university degree.

I am afraid that we have been ill-advised by friends who have been in similar circumstances.

We were advised to apply for a partner visa once I was in Australia. I have been doing a lot of reading recently, and it looks like I might not be eligible. I'd only be able to get into the country on a tourist visa, correct? I'm not sure if I can apply for a partner visa while holding only a tourist visa.

My ticket is booked for April 29th, and so I have started to panic. My husband is unavailable so I cannot get him to get his sponsorship application together if I was to try and apply while here in Canada. There wouldn't be enough time to do that, anyways.

Is there anything I can do?

Any advice is greatly appreciated!
A tourist visa can have a No Further Stay condition put on it and that is what can prevent you from applying onshore for the partner visa, the NFS condition being designed to stop people coming in on a tourist visa with another intention.
What some people will do is to apply for an ETA - Electronic Travel Authority (ETA) - Online Applications as they'll be less likely to have a NFS.
As far as Immi go, on an official basis they could still consider that you're misusing the visa system and you will need to look at what the reason for the visit is that you put into your online application and arrivals card for if it is obvious you intend to stay and apply for the partner visa onshore, you could be refused entry.

You could of course be making a preliminary visit to get a feel for residential conditions and what location options you may have, declared as visiting Australia [ for a look, see trip if asked by anyone ].





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Old 03-11-2010, 06:57 PM
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Thanks so much for your reply - it was a lot of help. I hadn't thought about the NFS condition.

So, if I get a tourist visa that doesn't have a NFS condition I could possibly go to Australia an apply, but it would be difficult to explain myself.

I hesitate to do this. I am trying to think of a way to go about this. I don't think my ticket is refundable, but it might be better to stay. I haven't seen my husband in almost a year, but it is our mistake.


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Old 03-12-2010, 05:28 AM
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Originally Posted by jessica87 View Post
Thanks so much for your reply - it was a lot of help. I hadn't thought about the NFS condition.

So, if I get a tourist visa that doesn't have a NFS condition I could possibly go to Australia an apply, but it would be difficult to explain myself.

I hesitate to do this. I am trying to think of a way to go about this. I don't think my ticket is refundable, but it might be better to stay. I haven't seen my husband in almost a year, but it is our mistake.
The trouble with getting a tourist visa is that you'll not know whether it has a NFS until you get it and if it has and that's quite likely, by then applying for an ETA, you'll effectively have declared your intent if the Immi computer shows that kind of record when your passport is swiped at entry.
Thus the reason to forget the tourist visa and get the ETA with the intent of visiting.

It is a difficult situation and yes, there could be a difficult time explaining but if you look at it from a perspective of being aware of the visa restrictions and if asked, you are right up front with declaring you know an ETA is just for visiting but say you had the ticket booked and because it is not refundable, you have decided to use it anyway because you've been apart for so long , that's somewhat plausible.

You could also add that because of having just finished your degree, you would also use the trip to see what future employment opportunities may be, but again be very clear that you'll not in fact be looking for work [ even though just looking at possibilities is not against visitor visa regulations either ].

And there is no guilt nor crime in people changing their mind; you for instance find that some work opportunities may be good in a few months as the economy is reported to be picking up and then have considered if there is a need to return to Canada.





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