Work and Holiday Visa(462) to Partner Visa(820)

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Work and Holiday Visa(462) to Partner Visa(820)


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Old 06-25-2010, 11:49 AM
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Work and Holiday Visa(462) to Partner Visa(820)

I've been browsing these forums for information for a few months now. I just want to lay out our situation to fill in what im not sure about.

Okay so our story goes like this.. I lam a US citizen and my wife is an AUS citizen. She came to visit the US last year @ the end of march on the visa waiver program and we were married June 27th(1 year anniversary in 2 days ). We intended on filing for her adjustment of status asap but because of financial some other problems we could not file it. Things got tough financially and she left back to AUS march 8th of this year. Because of the overstay she received a 3 year ban from the US and we desperately need to be back together.

I am a commodities/currencies trader an had lost all of my investors because of the economy (which is what caused all of the financial problems). I am now getting back on my feet with my own money an without investors, so technically i am self employed and I work through the internet.

I need to be with my wife again asap. My idea was to apply for a Work and Holiday Visa(462) and then lodge the Partner Visa app in AUS. I understand that it is possible for me to get the NO FURTHER STAY condition on my 462 but is there anything in particular that would cause/flag this condition to be applied to my visa?
I have heard that if its your first work and holiday visa it wouldnt be applied even for a 12 month stay. Is there any truth to this? It would be my first visa to AUS.

I would like to open a bank account in AUS and switch my trading accounts to AUD which is why im considering the 462 over an ETA. Im not sure if im technically working for any employer so how would the obligations apply to my situation? Im so confused about whats best to do. I just want to be with my wife as soon as i can and also be able to earn an income until we lodge the partner visa, if it be 1 week or 3 months.

The police check, is it best to do that while still in the US or in AUS? Does it really take 12 weeks for what immigration needs?

Also im curious about the statutory declarations. Her family is not too fond of me and wouldnt fill them out and i do not personally know anyone in AUS. The 820 checklist says they should be filled out preferably by an AUS citizen but our relationship is based out of the US. Any ideas?

Thank you so much for your help and sorry about the long post.


Last edited by gmax111; 06-25-2010 at 12:04 PM.

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Old 06-25-2010, 04:44 PM
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Quote:
Originally Posted by gmax111 View Post
I've been browsing these forums for information for a few months now. I just want to lay out our situation to fill in what im not sure about.

Okay so our story goes like this.. I lam a US citizen and my wife is an AUS citizen. She came to visit the US last year @ the end of march on the visa waiver program and we were married June 27th(1 year anniversary in 2 days ). We intended on filing for her adjustment of status asap but because of financial some other problems we could not file it. Things got tough financially and she left back to AUS march 8th of this year. Because of the overstay she received a 3 year ban from the US and we desperately need to be back together.

I am a commodities/currencies trader an had lost all of my investors because of the economy (which is what caused all of the financial problems). I am now getting back on my feet with my own money an without investors, so technically i am self employed and I work through the internet.

I need to be with my wife again asap. My idea was to apply for a Work and Holiday Visa(462) and then lodge the Partner Visa app in AUS. I understand that it is possible for me to get the NO FURTHER STAY condition on my 462 but is there anything in particular that would cause/flag this condition to be applied to my visa?
I have heard that if its your first work and holiday visa it wouldnt be applied even for a 12 month stay. Is there any truth to this? It would be my first visa to AUS.

I would like to open a bank account in AUS and switch my trading accounts to AUD which is why im considering the 462 over an ETA. Im not sure if im technically working for any employer so how would the obligations apply to my situation? Im so confused about whats best to do. I just want to be with my wife as soon as i can and also be able to earn an income until we lodge the partner visa, if it be 1 week or 3 months.

The police check, is it best to do that while still in the US or in AUS? Does it really take 12 weeks for what immigration needs?

Also im curious about the statutory declarations. Her family is not too fond of me and wouldnt fill them out and i do not personally know anyone in AUS. The 820 checklist says they should be filled out preferably by an AUS citizen but our relationship is based out of the US. Any ideas?

Thank you so much for your help and sorry about the long post.
A few issues you've got there and the main one is as you've worked out the 462 grant and whether there'll be a No Further Stay condition put on as is indicated a possibility on
Work and Holiday Visa (Subclass 462)
It does seem to be a standard comment for all 462 eligible countries and I've no idea whether it'll be a country or individual application consideration implication but it may not be an issue as the last American applying for her 462 got it online within a matter of days [ she must have had her FBI report already done ] , though she was also single and whether you being married flags something is also a possibility and though Immi does not go out of their way to prevent couples being together, their modus operandi is to have the appropriate processes followed, so being married will be a pretty clear indication that you'll likely be planning on applying for a partner visa.
If it is not a visa that is not allowed to be applied for and seeing as they have restrictions re skilled and student visas for extensions, there ain't too many left other than the family stream, so perhaps it'll be OK.
With that, just addressing your specific points, my view without it being advice is there's not a hell of a lot that you can do but use the process and make an honest application, ie. don't even think of perhaps ommitting to say you have an Aussie wife for if you did [ not that I'm saying you would consider it ] and then that comes out which it will in applying for a partner visa, that'll certainly be construed as a fraudulent act, so:
. There is only one 462, not like with the 417 where you can get a second so that's not an issue re the NFS.
. If you get it granted and you have no NFS condition and there's no restriction on applying for a partner visa, all's well.
. If there was a NFS or partner application restriction you could cover that with two options, one being put your partner application in before leaving the US and still come to Australia on the 462 and because you have applied offshore you would need to take a trip to NZ when it was due for granting.
The other way you could do it would be take the trip to NZ to put in an offshore application after arriving in Australia.
I've seen reports of some people in meeting all partner visa requirements heading to NZ with a completed application and all supporting documentation and getting a partner visa within days of lodging, not to say it always happens and you may find you'll be OK to do it in Australia anyway.
. If you come on a 462, opening a standard bank account should not be a problem though whether you can have an account for market trades may be another matter, though if you have the funds it may be possible, otherwise you may have to look at operating off an account in the wife's name.
. Being self employed, that's what you will be, simple as that.
You could still in effect run trading back in the states on an ETA here as what self pursuits you follow are not classed as working if you're not employed here and if there is no US restriction on you doing it from outside of the US.
Just applying for the partner visa will not give you work rights as in being employed here and that'll only come with either your 462 or once the partner visa is granted.
. You'll need to comply with the Character requirements and it's the FBI that determine how long the US checks take and people on the forum has reported it to be of the order of 12 weeks so you'd want to get that on the way ASAP.
Edit: Though a reference to just six weeks on http://www.australiaforum.com/visas-...rance-usa.html
. Suppose it'll be up to your wife's family on how they come around helping out with statutory declarations but if it's not the immediate family, maybe she has extended family more agreeable or friends but seeing as you've been married more than a year, it ought not be too much of a problem.

Just as a final thought, if you were wanting to get together again sooner rather than later as I expect, you could consider putting in for an ETA and if it's queried at all or you get quizzed on arrival, you could always say that you are waiting on your FBI check so as to a 462 and/or partner application and if required to lodge the latter offshore you're prepared to head to NZ to do that.
You may even want to consider the ETA business visa on the basis of wanting to check out the trading options you'll have here before you plan your next step re being with your wife if that comes up.

If either works out OK, and you have the FBI check on the way and do a medical and otherwise have the application ready you'll probably have the check and be able to apply before the three months comes up if you leave leaving the US for a couple of weeks after applying for the FBI check.

If you get an ETA but they refuse you entry, you'd just have to head for NZ or an alternate and put your 462 application in and you could still put in the partner visa there seeing the FBI check would be on the way and just in case they put a NFS on the 462, come back to Australia on the 462 and then when the partner visa is ready, you head back to NZ.
A bit of potential messing around but it is just a thought for the back-up and your offshore partner application is about $800 cheaper than doing it onshore so you airfare there and back a couple of times is about covered.
Edit: Just mentioned an alternate to NZ for if you did get refused entry on an ETA, NZ will not be the easiest place to head to for they have a requirement of inbound passengers needing a flight out to a country where you have an entry right, so perhaps Asia or Fiji would be better.

For whatever quizzing you might get on an ETA, just a simple honest approach is best and you may not get quizzed at all.
Edit: If you have just a one way ticket with an ETA you would for instance have to advise that you were uncertain on what return date would be or if you needed longer you understand you can depart and re-enter and you could ask about applying for an onshore visitor visa to extend.

The other thing that could be testing with the partner visa application is whether they require an Assurance of Support and that'll depend on the set-up your wife and you both have re employment/finances and accommodation etc. and may not be a requirement but something to be aware of and sound someone out just in case.

So good luck and let us know how it turns out.





Last edited by Wanderer; 06-26-2010 at 02:14 AM.

  #3 (permalink)  
Old 06-28-2010, 09:51 AM
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Wanderer, Thank you so much for your detailed reply! I have read many of your posts here and on another forum. You're really an amazing person with a lot of positive karma built up helping out so many people! I notice how much patience you have, that is not always easy..

I have heard from other posts that the online 462 application is very rapid (sometimes within hours) and I believe the FBI check is not necessary unless requested. The 462 checklist says its needed for applicants from Iran ONLY. hmm

I dont believe the partner visa is one of the restricted visas on the 462 without the NFS condition. The reason i say that is because the whole idea spawned to get a 462 then 820 because someone else said they did it that way. But i should probably send immi an email just to be sure. I believe they also said the only thing to worry about was the NFS condition which is how i first learned about the 8503.

If in case i am granted the 462 and it has a NFS applied to it, would i be able to get an ETA and come on that instead? I seem to recall that the 462 and conditions applied to it override the ETA until the 462 has expired. Is this correct?


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Old 06-28-2010, 10:41 AM
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Quote:
Originally Posted by gmax111 View Post
Wanderer, Thank you so much for your detailed reply! I have read many of your posts here and on another forum. You're really an amazing person with a lot of positive karma built up helping out so many people! I notice how much patience you have, that is not always easy..

I have heard from other posts that the online 462 application is very rapid (sometimes within hours) and I believe the FBI check is not necessary unless requested. The 462 checklist says its needed for applicants from Iran ONLY. hmm

I dont believe the partner visa is one of the restricted visas on the 462 without the NFS condition. The reason i say that is because the whole idea spawned to get a 462 then 820 because someone else said they did it that way. But i should probably send immi an email just to be sure. I believe they also said the only thing to worry about was the NFS condition which is how i first learned about the 8503.

If in case i am granted the 462 and it has a NFS applied to it, would i be able to get an ETA and come on that instead? I seem to recall that the 462 and conditions applied to it override the ETA until the 462 has expired. Is this correct?
Yep gmax, re
Quote:
The 462 checklist says its needed for applicants from Iran ONLY. hmm
there are often what may seem to be anomalies with the Immi info available on line and I never to claim to know all of it but continue to add to my knowledge at times like these.
There'll be general info that is published for a visa and then you'll often get more specific info as with the Checklist so I'd not be confused by that.
And yes, people have got the 462 pretty quick and others at times have got the 417 likewise.
If I was faced with laying a bet on it, I'd reckon the 462 for people from the US would not normally have an NFS and as I've said it's just that you're married that could flag it for placing the NFS.
I've seen references to people on a 417 being advised to get their visa cancelled when they wanted to enter Australia on an ETA because they weren't ready to start the longer stint and that's because the 417 would as you say override an ETA and you'd likely find that likewise if you were already holding a 462, the system would not proceed to granting you an ETA as you cannot hold two visas simultaneously.
So yep in that situation you'd need to have your 462 cancelled.
Re http://www.australiaforum.com/educat...aiting-pr.html Brett there has a similar situation and is adopting I suppose what could be the fail safe approach in having the partner visa applied for first though for you'll it mean some weeks to get your FBI check for that first.
But as I may have stated in first response, if you come in on a 462 and it has an NFS, it'll mean a trip to NZ [ perhaps two ] or otherwise risk the 462 cancellation and getting an ETA and then risk on entering.
Maybe the best approach if in fact the 462 has the NFS, rather than attempting the play with an ETA.
Going back to laying a wager, if you get a 462 with the NFS, I'd not be too surprised if there was a situation develop with attempted entry on an ETA, or at least the risk is there.
So suppose what I'm saying is:
If you accept the situation of a 462 with a NFS, you'll actually be sure of having entry and the possibility of employment and really be possibly no worse off than if you had submitted a partner application in the US other than having a bit of a stay in NZ which you can make a holiday of sorts.
The alternative is to risk being in no man's land.





Last edited by Wanderer; 06-28-2010 at 10:59 AM.

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Old 06-29-2010, 02:02 AM
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Quick Question:

Im assuming the spouse visa process is quicker if lodged from NZ versus here in the U.S.?

Also, offhand do you know the average cost for the medical check in AUS/NZ if i were to lodge my spouse visa overseas?


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Old 06-29-2010, 08:02 AM
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Quote:
Originally Posted by gmax111 View Post
Quick Question:

Im assuming the spouse visa process is quicker if lodged from NZ versus here in the U.S.?

Also, offhand do you know the average cost for the medical check in AUS/NZ if i were to lodge my spouse visa overseas?
The process should be the same whether NZ or the US and whereas speed of processing could be affected by workload/staffing, it could be that some people are lucky with NZ as a result of them not handling too many partner visas because NZers have entry rights to Australia for living/working without a visa having to be applied for and thus the embassy in NZ having a lesser workload.
I've never bothered to check what the examination cost is here but I'd hazard a guess of somewhere around the $200 mark and about $100-150 if needing to get an Xray, our medical fees in general being a lot cheaper here than what the US is I suspect.
NZ will probably be about the same as here or cheaper and the exchange rate will make it effectively 20% lower in Aussie $$$ terms.





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Old 07-01-2010, 09:54 AM
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just sticking my head in here, late as usual, to say goodluck with whatever you decide to do.

getting the Work and Holiday Visa was painless for me, aside from all the time that i spent stressing and gathering things before applying. i ended up needing none of it and got the visa practically instantly. i didn't need an FBI background check nor a Japanese background check despite living in Japan for 3 years.

buuuut i'm not married, and as Wander said, your being married to an Australian may or may not affect the processing of your W&H application.

i'm aiming to apply for an onshore Partner Visa at the end of my W&H as i didn't get a "no further stay" and from the research that i've done on going from W&H to Partner Visa, it hopefully shouldn't be a problem..... but i can't yet speak from experience, so take that for what you will. :/

oh, and on opening a bank account: i don't know anything about bank accounts or trading, but i was able to open a bank account with the Commonwealth Bank while on an ETA Visa months ago without problem. I'm now getting ready to transfer money from Japan into that bank account as i will be moving to Australia in less than a month! so yeah, opening a regular bank account shouldn't be a problem even on an ETA.

best of luck to you!


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Old 07-01-2010, 10:09 AM
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Awesome! It is inspiring to hear you will be there in a month and brings a smile to my face while being in an emotional state.

Right now she is having doubts about me making a full move there and we currently are not talking. This separation has been a huge stress because we are not able to speak as much as we would like due to her not having internet access. Most of our communication is sadly via text message.

She lives in Gosford an is also afraid that i may not like it because im from Las Vegas and it is completely different. Where as i see it as no other option. Plus I am some what a home-body anyway. Her family says I wont like it either and wont fit in. I'm afraid her family is having a strong influence on the way she is currently thinking. They truly want nothing to do with this..

One way or another I am completely dedicated to this move and feel that we need to follow our hearts. We are both still young (25yo).

I guess the best thing to do would be to put in for my 462 and see what happens next.


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Old 07-01-2010, 10:20 AM
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wow.... you're from Vegas....? i'm from Vegas....... awesome! that sounds really close minded of her family to say that you wont fit in etc. i dare say that they probably know nothing about Vegas other than The Strip as seems to be the case with everyone everywhere.

anyway, it's really sad to hear that you guys are so out of touch.... and strange to hear that she doesn't have internet access.... with little contact with you and regular contact with her family who seem to side against you, things do sound bad.... i hope that you are granted the W&H Visa as quickly as i was and can make the move to Australia as quickly and smoothly as possible!

get over there and show them what us Vegas people are really like and get your wife back!


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Old 07-01-2010, 10:35 AM
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Quote:
Originally Posted by nighstar View Post
wow.... you're from Vegas....? i'm from Vegas....... awesome! that sounds really close minded of her family to say that you wont fit in etc. i dare say that they probably know nothing about Vegas other than The Strip as seems to be the case with everyone everywhere.

anyway, it's really sad to hear that you guys are so out of touch.... and strange to hear that she doesn't have internet access.... with little contact with you and regular contact with her family who seem to side against you, things do sound bad.... i hope that you are granted the W&H Visa as quickly as i was and can make the move to Australia as quickly and smoothly as possible!

get over there and show them what us Vegas people are really like and get your wife back!
Yeah no one seems to think that we have schools and grocery stores here in Vegas. They think its just party 24/7, which as you would know gets very old but being a local it's just another place to live and work..
What part of AUS are you going to? Gosford is an hour north of Sydney. I hear it is some what quiet and relaxed. Everyone i've spoken too says that the locals are very friendly and laid back.


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