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

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


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Old 12-14-2013, 10:31 PM
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I've been told by a migration agent I can apply whilst on a tourist visa for the onshore partner visa subclass 820 & 801. However when contacting immi to find out which tourist visa I was told I couldn't so this. My flight is booked and we have the paper work almost ready (I need to do my medical etc in oz) but I'm not sure how I'm meant to do an onshore application when one person says do it on a tourist visa and the other says I can't apply onshore at all! Has anyone done this from the UK?


Last edited by laura82; 12-14-2013 at 10:35 PM.

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Old 12-14-2013, 10:45 PM
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You shouldn't be coming to Australia on a tourist visa with the intent to apply for a different visa on shore. To legally enter Australia on a tourist visa, you need to be intending to be a tourist. Entering on a tourist visa to apply for a different visa is sort of like skipping ahead--there are tons of people waiting for their offshore partner visas.

You can apply onshore with all different sorts of visas that allow you to be in Australia--student visas, tourist visas, skilled work visas, working holiday visas... but you should enter Australia with the intent of using your visa for what it was intended for. If plans change later, well, that's why they have the onshore visa.

Since you've contacted immigration already, I'd guess they'd be a little suspicious of your intentions when you arrive.


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Old 12-14-2013, 10:55 PM
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That's the way we originally got told to do it! We've been backwards and forwards for months and got all this information to now be told its wrong. We've even paid immigration agents


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Old 12-14-2013, 11:07 PM
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From what I understand, you CAN come over on a tourist visa to make sure that you like Australia, figure out if you want to live here or not, perhaps spend some time living with your partner to make sure you're compatible (if you've had limited time to do this in the past)... and then apply for the partner visa onshore. But you can't walk up to Immigration and say, "I'm here on a tourist visa so that I can apply for an onshore partner visa."

So what your migration agents said wasn't wrong, but perhaps they needed to go into some more detail. Someone else might be able to provide more information on this, though!

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Old 12-14-2013, 11:19 PM
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My fella is awake now so I've just filled him in, we're looking into actually going to see someone rather than do it online. It cost us a fortune the last time we were going to do it and because we're getting married soon and had other costs we left it out this time, but we paid for someone to give us advice online. I'm so upset right now, I'm meant to be flying back with him in Feb, I've handed my notice in at work and everything devastated right now. But thanks for you're advice.


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Old 12-14-2013, 11:28 PM
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Whilst you're not meant to use a tourist visa up enter Australia in order to apply for an onshore partner visa, many people do so successfully. You just need to be aware that if immigration don't believe you are coming to Australia as a genuine tourist, they may slap a 'no further stay' condition on your tourist visa, which would prevent you from applying for another visa onshore. If this happens you would have to apply for the partner visa offshore. Likely you would have no problems, just something to be aware of/prepare for. I'm not sure if the 'no further stay' can only
be put on your tourist visa when it is granted, or if this can be added upon entry to Australia - perhaps someone else may know the answer to that?

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Old 12-14-2013, 11:36 PM
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Adm6 is explaining it better. All hope isn't lost, but I do worry since you've already contacted immigration about applying onshore with a tourist visa you might run into some difficulties.


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Old 12-14-2013, 11:40 PM
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Did you just ring the hotline number to ask about entering on a tourist visa? If they don't have your name or any information about you to keep a record of that then there would be no need to worry. Immigration would obviously tell you that you can't do this, as this is not what the tourist visa is intended for.


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Old 12-14-2013, 11:46 PM
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The No Further Stay condition can only be issued when the visa is granted, so if your tourist visa doesn't have one, they can't add it later.

As the others have said, a tourist visa is for tourist purposes only. It's not intended for people to come to look for a job, to enrol in school or to apply for a partner visa onshore. If Immigration expects you're not here for genuine tourist purposes then they could deny you entry. A suitcase full of application paperwork would definitely raise questions.

You could consider applying off-shore first and then coming over on a tourist visa. It means you can't work while you're here in Australia waiting for your visa, and you may need to temporarily leave the country during your tourist visa (e.g. if it was a 12-month tourist visa it may say 3-month duration of each visit so you have to leave every 3 months for a day or so), and you would have to leave temporarily when the visa is ready to be granted since you need to be off-shore for it to be granted. But this is the more honest approach.

This thread gives more information about the differences with the off-shore and on-shore visas. http://www.australiaforum.com/visas-...d-i-apply.html

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Old 12-15-2013, 09:30 AM
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Thank you! You've all been so helpful, I'm going to give a registered migrant agent a call and get some more advice. I emailed one of the websites, I think it was the immi one so they'll have kept a note of my email? It's all so confusing! I understand why they make it hard work but it's so stressful and upsetting, especially when we are so far apart. I think three years is enough to be apart now though (we met in person and he's been here so not all been long distance). I've told him if worst comes to it I have friends in New Zealand I can visit until we get something sorted. Thanks again for all your comments, wish I'd found this site months ago!!


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