which visa do i need to be on when appling for an onshore 801 visa? - Page 2

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which visa do i need to be on when appling for an onshore 801 visa? - Page 2


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Old 12-15-2013, 10:19 AM
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Just a question. You mention that you have been apart. Do you have enough evidence to apply for a spouse visa? ie. shared expenses, joint bank account etc. Just wanted to check because of what you had mentioned.


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Old 12-15-2013, 10:24 AM
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Hi Laura,

As others have said above, you can apply for the partner visa onshore while holding a tourist visa (or any other substantive visa) providing it doesn't have a no further stay condition. The reason why the DIBP said you couldn't is because you must be a genuine temporary entrant to obtain a tourist visa, and since you stated to them your intention was to apply for a PR visa in Australia this means you're not a genuine temporary entrant.

If you go to Australia on a tourist visa for a holiday and while you're over there you just so happen to decide that you want to apply for a partner visa, this would be allowed.

I notice in your post you mention having spent almost 3 years apart, this can be a big issue depending on the circumstances. I would suggest getting an opinion on your eligibility for the visa first before worrying about anything else. If you've already paid an agent they should have given you an accurate assessment of this, if not I would seriously question their 'service'.

All the best,

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Old 12-15-2013, 10:50 AM
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You said you are "getting married soon", so actually it is better for you to apply for a PMV. It would be easier for you, in terms of supporting evidence. But, of course you have to delay your wedding for some time. You can lodge the application for PMV in UK (it is an offshore visa only) then apply for a tourist visa to travel to Australia.


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Old 12-16-2013, 05:56 AM
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If they've got your email address, i would recommend using a different email when you apply online for your tourist visa, just in case. But I should think you won't have any problems getting it granted, just check the conditions on it when you receive the confirmation email from them to make sure there isn't a 'no further stay' condition. Good luck!


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Old 12-16-2013, 07:05 AM
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Quote:
Originally Posted by adm6 View Post
If they've got your email address, i would recommend using a different email when you apply online for your tourist visa, just in case. But I should think you won't have any problems getting it granted, just check the conditions on it when you receive the confirmation email from them to make sure there isn't a 'no further stay' condition. Good luck!
Form 80 asks for all your email addresses. Not sure how completely they check into your email addresses, but I wouldn't consider it a reliable way to hide that she's contacted them.


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Old 12-16-2013, 08:23 AM
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But she doesn't have to fill that in for the tourist visa, I'm just suggesting using a different email for the tourist visa application.


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