Which visa should I apply for Subclass 300 or 820

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Which visa should I apply for Subclass 300 or 820


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Old 06-22-2010, 06:20 AM
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Which visa should I apply for Subclass 300 or 820

I have a question regarding which visa I should apply for. I am a US citizen based in the Philippines and my fiance is currently an Australian permanent resident. We are planning to be married this Dec 21 here in the Philippines. Should I apply for the Prospective Marriage Visa (Subclass 300)? or should I apply for the Partner visa (subclass 820)? I will be in Australia this July 21st for vacation and can lodge the visa application then. The reason I ask is that if I apply for the subclass 300, According to the Australian Embassy here in the Philippines it takes 4 to 6 months, and I would be need to enter Australia before the wedding. However with a 6 month processing time, the wedding would before the grant of the visa. Should I just wait till after the marriage and then simply apply for the Partner visa Subclass 820?

If I apply for the 820 after the wedding, how could I enter Australia, and still be able to work after the wedding? Should I get a Work and Holiday (subclass 462) visa? At least that gives me 12 months


Any Advise would help


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Old 06-22-2010, 11:23 AM
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Originally Posted by ninive1 View Post
I have a question regarding which visa I should apply for. I am a US citizen based in the Philippines and my fiance is currently an Australian permanent resident. We are planning to be married this Dec 21 here in the Philippines. Should I apply for the Prospective Marriage Visa (Subclass 300)? or should I apply for the Partner visa (subclass 820)? I will be in Australia this July 21st for vacation and can lodge the visa application then. The reason I ask is that if I apply for the subclass 300, According to the Australian Embassy here in the Philippines it takes 4 to 6 months, and I would be need to enter Australia before the wedding. However with a 6 month processing time, the wedding would before the grant of the visa. Should I just wait till after the marriage and then simply apply for the Partner visa Subclass 820?

If I apply for the 820 after the wedding, how could I enter Australia, and still be able to work after the wedding? Should I get a Work and Holiday (subclass 462) visa? At least that gives me 12 months


Any Advise would help
With no real guarantee of application processing/times it can raise problems for applicants if they attempt too much finessing re planning events around expected grant dates and I suppose the very first thing you need to address is your eligibility for visas or which one you may be best meet eligibility for and then any granting implications.

For partner visas you'll need to show evidence of a relationship existing and if you have the confidence of meeting all requirements that'll open up the option of applying prior to marriage and you could look at onshore or offshore though it will depend on the visitor visa you use for entry in July as the standard visitor visas can have No Further Stay conditions which would prevent an onshore application from being lodged.
The other issue with an onshore lodgement is that they are really for people who are actually staying onshore and though in theory you could lodge and then leave, you would need to clear that with Immi by notifying them you will be out of the country so as they do not attempt to move to final grant stage while you're still abroad.
You'll then need to advise of your re-entry intent and on doing it to have the visa granted, certainly a different approach.

[ It could create an interesting scenario for this situation usually works in two other ways, ie. someone entering on a visa that'll allow another visa to be applied for and that could be any visa not having a No Further Stay condition, such as an ETA, a 462 or for where it is applicable a student visa and then you can have the situation where someone onshore can apply for an offshore visa [because they have to as in a skilled visa ] and they have to leave to have an offshore visa granted.]
Immi do however acknowledge that some people may lodge and leave as indicated on Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)
They may even advise on what visa to use re returning, though they may also expect you have a visa that allows for leaving and returning.

In theory, you could re-enter on a 462 to have the onshore visa granted whereas it could get more interesting to re-enter on an ETA for it could be more questioned that you're not using the ETA for its intent - to visit .
The normal situation with applying for an onshore visa whilst holding a visa that expires before a decision is made on the one you have applied for is that a Bridging Visa A gets issued but they are not for travelling abroad and re-entering on and to do so you need to apply for for a Bridging Visa B, they really being for special circumstances.

So in a nutshell, you can see that doing it differently could create something of a tangle one way or another unless fully cleared with Immi.

By far the simpler way would be to apply for the 462 if you are eligible and enter after marriage and then apply for the onshore spouse visa.





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