Would I be able to apply for a partner visa while on a work and holiday visa?

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Would I be able to apply for a partner visa while on a work and holiday visa?


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Old 04-27-2010, 07:30 PM
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Unhappy Would I be able to apply for a partner visa while on a work and holiday visa?

My boyfriend who is an Australian citizen proposed to me and now we are trying to find a way to be together. I had to leave Australia back in Feb because we found out that if I applied for a partner visa while on a tourist visa it would be denied. So I came back over and we were trying to make plans for him to come over to America so we could get married and he could wait with me while I applied for the partner visa. He was denied twice for the tourist visa for America... I miss him so much and I just want us to be together again.. and if I apply for the prospective marriage visa over here we wont be able to see each other for another 6 months... So now what we're planning on doing is I'm going to apply for the work and holiday visa (also anything I should know about that?) we're going to get married and then we want to apply for the partner visa and I don't want to end up being away from him again... It's too hard... so what I want to know.. are they going to deny my partner visa because I'm on the work and holiday visa? or will they let me apply for it while staying in Australia?


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Old 04-28-2010, 12:30 AM
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Originally Posted by Heather86 View Post
My boyfriend who is an Australian citizen proposed to me and now we are trying to find a way to be together. I had to leave Australia back in Feb because we found out that if I applied for a partner visa while on a tourist visa it would be denied. So I came back over and we were trying to make plans for him to come over to America so we could get married and he could wait with me while I applied for the partner visa. He was denied twice for the tourist visa for America... I miss him so much and I just want us to be together again.. and if I apply for the prospective marriage visa over here we wont be able to see each other for another 6 months... So now what we're planning on doing is I'm going to apply for the work and holiday visa (also anything I should know about that?) we're going to get married and then we want to apply for the partner visa and I don't want to end up being away from him again... It's too hard... so what I want to know.. are they going to deny my partner visa because I'm on the work and holiday visa? or will they let me apply for it while staying in Australia?
What stops you applying for another visa when you're already in Australia on an existing visa is what they call the No Further Stay condition which is on most tourist visas.
You could have left Australia for New Zealand and applied for an ETA to come back in and get married and apply but that's water under the bridge.

The USA W&H visa may not have a No Further Stay condition though there is a reference @ Work and Holiday Visa (Subclass 462) to the possibility and there are of course eligibility requirements to get one.
If you're eligible and you do find it has been granted with a No Further Stay condition, you still have a few options available to you, ie.
1. Also submit a PMV before you leave, advising that you will be in Australia during processing so they can notify you when it is ready to be granted and so you then fly to NZ for a week, it is granted and you come back and have nine months in which to get married and apply for a partner visa.
After coming back into Oz on that visa you could even fly back to the US to get married there if they let your fella in - just out of interest, why has he been refused entry to the US.

2. You still come to Oz and either get married or not and near end of the W & H visa you both fly to NZ [ you'll possibly need to apply for an ETA on arrival for returning back to Oz. ] and with a 12 months relationship and other supportive evidence you could have your application all ready to go, all police checks, Form 80 and medicals etc. done and you ring up the Immi people in Auckland [ perhaps even before you leave Oz. ] and you may get an appointment pretty quick to go in and lodge and be interviewed.
I know of a partner visa being granted same day there, not to say that it'll always be the case but anyway, you could lodge and then go off for a look about and perhaps it could be granted while you're doing that.
That is the cheapest way by about $800 and so a little bonus for you.

If you're not eligible for the W & H, just put your PMV in and then still come back on a tourist visa or ETA and take the trip to NZ when it is ready for granting.

Best wishes with that.





Last edited by Wanderer; 04-28-2010 at 12:32 AM.

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