820 Temporary Onshore - Waiting Room! - Page 320

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820 Temporary Onshore - Waiting Room! - Page 320


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  #3191 (permalink)  
Old 10-15-2016, 08:06 AM
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I certainly would not apply for a Partner Visa a day or two after arriving on a Visitor Visa.

While you may think it is not a breach it actually is, as your intention was not a visit (this is the part you say why you need a Visitor Visa for Australia).

If a Visitor Visa is cancelled due to false/misleading information given to the Department then the BVA is no use as it is attached to the Visitor Visa not the Partner Visa.

Worst case is you maybe deported from Australia, not able to be in Australia for grant of 820 due to ban for giving False/Misleading information to IMMI - but also nothing may happen.

I would have paid for BUPA travel insurance for 1 month than take a risk like that to get Medicare.

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  #3192 (permalink)  
Old 10-15-2016, 08:14 AM
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This is on the front page of Visitor Visa application form. Just under the bit that says "Please Read Carefully".

Who should use this form?

Use this form to apply for a Visitor visa – Tourist stream to
visit or remain in Australia for tourism or other recreational
activities (holiday, sightseeing, social or recreational reasons or
to visit relatives or friends).
If you intend to:
• visit Australia to visit family members, and you have a family
member who is eligible and willing to sponsor you, you may
use form 1418 Application for a Visitor visa – Sponsored
Family stream;
• visit Australia for medical treatment you should use form
48ME Application for a Medical Treatment visa;
• visit Australia for a short business trip, you should use
form 1415 Application for a Visitor visa – Business Visitor
stream;
• study in Australia for more than 3 months you should apply
for a student visa. Please contact the nearest Australian
Visa Office or office of the department for information on
student visa applications, including the correct application
form.

Each applicant, including dependent children, must apply on
their own form. You must complete all questions in all
sections. Failure to answer any question completely and
accurately may result in the application being refused, or the
visa may be cancelled at a later date.

Integrity of application

The department is committed to maintaining the integrity of
the visa and citizenship programmes. In relation to this
application, if you or a member of your family unit:
• provide, or have provided in a previous application,
fraudulent documents or false or misleading information
(knowingly or not); and/or
• fail to satisfy, or have failed to satisfy in a previous
application, the Minister of your or their identity;
this visa application may be refused and you, and any
members of your family unit, may become unable to be
granted a visa for specified periods of time, as set out in
migration legislation.

If documents are found to be fraudulent or information to be
incorrect after the grant of a visa, the visa may subsequently
be cancelled.

Question 29.

Why do you want to visit Australia?
Include details of any dates that are of special significance to your visit.


Last edited by ampk; 10-15-2016 at 08:19 AM.

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  #3193 (permalink)  
Old 10-15-2016, 11:35 AM
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Okay, needless to say I feel a little sick now after reading some of those responses...

That said, we haven't provided any misleading information to DIBP. We applied for the eVisitor visa for my wife months ago, as we were always planning a trip to Oz. We booked the return tickets around the same time with the return leg booked for a month after our arrival. The return dates still haven't been changed. Some time later we decided that we would also apply for an onshore partner visa "if everything went well" as we didn't even know if we would even fly since my wife's pregnancy is somewhat problematic (marginal previa) and still is. Sure, I could have done what someone suggested above and waited a month or two before applying (in fact, that was our original intention as my wife wasn't even 100% sure she even wanted to give birth in Oz). No problem. My wife, as I stated earlier, is covered by medicare because she's an Italian citizen and there is a reciprocal arrangement between Italy and Australia that entitles her to 6 months coverage. That would've seen us through to 3 months after the predicted birth date. So we didn't do it for health coverage purposes, as we are already covered.

We applied immediately because we were doubly adamant upon arrival that this was what we wanted to do. Also, after the nightmare of a flight that we endured, my wife is even more concerned about flying the return leg while still pregnant, and since she has paid maternity that will see her through to April, and I can work in Oz no problem, we have no commitments we have to head back to Italy for. Since we'd entertained the idea of applying for a partner visa for my wife in the past, and since the fee was something we can afford without it affecting our finances too much, it wasn't that big a leap of faith. So I expedited the process. I didn't see the point in waiting, and introducing even more uncertainty.

This doesn't mean that we're not visiting family (we are) or that we're not seeing the sights (we're travelling down south this week in fact). And it doesn't mean that wasn't our original intention. Life is dynamic. Things change. To be honest, I'm surprised we even made it hear considering all the challenges that presented themselves leading up to our departure.

I made a bare-bones online application to make it happen and remove said uncertainty. I have a drop-box full of documents,translations and pdfs, not because I cynically organised all the material for some kind of 820 visa subterfuge at a later date, but because we recently had to collect many of the same items for my daughters citizenship by descent application, which took 4 months to finalise. During that 4 month period we doubled down on accumulating translations and copies of everything that tied us all together. Of course we had a mind to a future application for my wife, as that is simply prudent forethought.

But I don't think someone can say that we're rorting the system. We all know that the vast majority of onshore applications are made by people on tourism visas. From what I've gathered, there's no other option if one wants to apply onshore. EDIT: in this kind of situation, I mean.


Last edited by MarcellusF; 10-15-2016 at 12:53 PM.

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  #3194 (permalink)  
Old 10-15-2016, 01:01 PM
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I hear you, but it is not a good look but a calculated one.

Any work visa is the option of a onshore Partner Visa many are 4 year visas, no I think few are of the back of a Visitor Visa in comparison - but that number is growing (not long ago the dis incentive for an onshore application was a higher fee - now the fee is the same)

Australia has about the highest labour rates in the World and most employees inc Case Officers are paid in local country pay rates!! Our government needs to cut costs so if it is cheaper for offshore applications what do you think they will want?


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  #3195 (permalink)  
Old 10-15-2016, 01:32 PM
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It might not be a good look, but appearances aren't enough to establish intention. Just because someone waits a month to lodge the application doesn't mean they haven't been scheming for months before they touched down. At the end of the day how do they establish that you were planning all along to emigrate? Lodgement date surely isn't enough. Spur of the moment decisions can occur.

I agree it appears cynical, but the vast majority of European/Aussie couples who fell in love with overseas at a young age and decide to move together back to Oz use the eVisitor 651 precisely because it's easy to apply, free and instant. If they were planning to clamp down on this kind of tactic, surely there'd be more in the opening Critical Points section of the online page.

I don't think we've misled the Minister on this. But I get that it might look suss to some. Hopefully our situation will prove that we're good candidates. Considering our obvious commitment to each other.


Last edited by MarcellusF; 10-16-2016 at 01:36 AM.

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  #3196 (permalink)  
Old 10-15-2016, 01:52 PM
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Well I came here on an ETA myself, while here I applied for a 12 month Visitor visa, and in the letter to them i stated I wanted to apply for a partner visa before it was up, because i had intentions of being here....not only did they grant me the 12 month visitor visa the next day, they didn't put the no stay clause on it, so i could stay here and apply for the 820 onshore! Just be honest with them about everything, and things should be fine anyways Everyone has different experiences and reads things online and scares themselves or others.

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  #3197 (permalink)  
Old 10-15-2016, 02:58 PM
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Yeah, i am crapping myself now. I'm terrified I might have stuffed it. I don't want to even think of my pregnant wife being deported while her Aussie daughter and husband look on. I know that's an extreme eventuality, and a little melodramatic, but it's playing on my mind now that's for sure.

My mate with the Brazilian wife was told by their migrant agent that if they're asked the purpose of their trip she was to respond that it was to apply for the onshore visa. Why would they suggest that if it's a breach of the conditions of her visitor visa (not the 650 but another one for Brazilians Etc.)? I called him now to confirm that, so he's not making it up. Even people on this forum give the same advice. Sure they're not authorities, but it's a pretty common refrain.


Quote:
Originally Posted by New2Aussie View Post
Well I came here on an ETA myself, while here I applied for a 12 month Visitor visa, and in the letter to them i stated I wanted to apply for a partner visa before it was up, because i had intentions of being here....not only did they grant me the 12 month visitor visa the next day, they didn't put the no stay clause on it, so i could stay here and apply for the 820 onshore! Just be honest with them about everything, and things should be fine anyways Everyone has different experiences and reads things online and scares themselves or others.


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  #3198 (permalink)  
Old 10-15-2016, 04:50 PM
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Hi I read a bit of this forum before i join. I think maybe some people have good comment but make exagerated. Apply for other visa is not breach of first visa. If first visa for visit tourist and family and thats what you do then its not breach I think. Same if visa is no work and can study and you dont work or do business etc. its ok. If apply for other visa then should be ok. If does not have NFS then can apply in my opinions. If they dont want you to apply for residence visa, then they give NFS.
If give wrong or false information, that means about I.D, address, work etc... Not about reason to visit is for tourist activity but then you decide apply for residence. If visa is 3 month tourist and your activity is tourist activity.

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Last edited by bojogcenik; 10-15-2016 at 04:53 PM.

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  #3199 (permalink)  
Old 10-15-2016, 05:18 PM
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Quote:
Originally Posted by MarcellusF View Post
Well, in the conditions it doesn't say anything about a "no further stay" condition.


Visa Conditions:

8115 - BUSINESS VISITOR ACTIVITY
8201 - MAXIMUM 3 MONTHS STUDY
8527 - TUBERCULOSIS FREE
8528 - NO CRIM CONVICTIONS

I understand it mightn't be in the "spirit" of the eVisitor Visa, but it's certainly not a breach. By applying for the 820 we've communicated our change of circumstances. And I'm sure we're not the first European couple to use the simple tourist visa to gain access to Oz in order to then apply for partner visa.

Had a mate who were concerned about a randomly generated no further stay clause for his Brazilian wife when they too were planning to make the move back home. Their migrant agent told them to roll the dice anyway and apply for the tourist visa. In the end she didn't cop the no further stay clause and they applied for her 820 a couple weeks after landing.

Also, as regards Medicare. As my wife is an Italian citizen she would have been entitled to 6 months Medicare coverage due to the reciprocal arrangement the government has with Italy. All I've done really is extend that period by another 6 months and also removed any need for her to leave the country to renew her tourist visa before the 3 months are up.
In my opinion I think you will be fine. They've given you some other conditiions but not the NFS. It seems like they're encouraging you to apply for Residence. You are an Australian and already have a child that has been given Australian citizenship. Why should it be a hassle to apply for residency for your childs mother?
My wife just got her 600 visit visa approved for 12 months period max 3 months stay. I explained in my sponsor letter that it was for tourist activities as well as spending time with me while I am working here in Oz. I said our intention was to return Indonesia which it is but does't mean we can't change our minds. It is just nice to have the option available to apply onshore, its not just all about medicare.
So with the info in my sponsor letter and the fact that there is no NFS condition, what does that suggest? To me it seems they are opening the doors and giving the opportunity.
Or could it be that they are setting people up

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Last edited by hotdawg; 10-16-2016 at 10:46 AM.

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  #3200 (permalink)  
Old 10-15-2016, 05:26 PM
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BTW, has anyone ever considered that DIBP agents could actually be members in this forum and monitoring the threads to see what people are up to? I just thought it's a bit risky the posts people put and info given. Won't DIBP monitor and consider those scenarios in applications? Just my thoughts.

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