Partner Visa application (12 months together on Tourist Visa?)

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Partner Visa application (12 months together on Tourist Visa?)


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  #1 (permalink)  
Old 07-19-2010, 06:42 PM
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Question Partner Visa application (12 months together on Tourist Visa?)

Hi,

We posted an introduction in the Welcome forum.

We are just starting this process and our first basic questions that we are having some trouble getting a straight answer to are:

-To bank the 12 months together to apply for a Partner Visa can I come back to AUS on a 12 month Tourist Visa?

This leads to the next question:

-Can we then apply for the Partner Visa while I am on the Tourist Visa?

Regrets if these are basic questions but after researching this like crazy we cannot find a solid answer. I am trying to contact my local AUS Embassy in Ottawa starting today. Also we already have 2 months living together in AUS banked (Feb/March 2010) but little proof to show unfortunately.

Any suggestions or feedback on this would be greatly appreciated.

Thanks in advance,
Todd & Emma


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Old 07-20-2010, 02:44 AM
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Quote:
Originally Posted by Todd&Emma View Post
Hi,

We posted an introduction in the Welcome forum.

We are just starting this process and our first basic questions that we are having some trouble getting a straight answer to are:

-To bank the 12 months together to apply for a Partner Visa can I come back to AUS on a 12 month Tourist Visa?

This leads to the next question:

-Can we then apply for the Partner Visa while I am on the Tourist Visa?

Regrets if these are basic questions but after researching this like crazy we cannot find a solid answer. I am trying to contact my local AUS Embassy in Ottawa starting today. Also we already have 2 months living together in AUS banked (Feb/March 2010) but little proof to show unfortunately.

Any suggestions or feedback on this would be greatly appreciated.

Thanks in advance,
Todd & Emma
Using a tourist visa to get time together is a possibility though to get a 12 months one you'll need to have evidence of means of support for that period and I wouldn't go too heavy on intending to stay with a partner and not needing much in way of money for it could be construed your intent is not to be a real tourist.
Tourist Visas will likely have a No Further Stay condition applying and that'll mean no further visa can be applied for without a waiver and they are kind of mission impossible.
Some people do use/consider the possibility of a trip to NZ or elsewhere close near the end of a visa and then returning on an ETA which will not have a No Further Stay condition to then apply for a visa.
Depending on where in Australia you may head, it may be possible to get a relationship registration prior to 12 months and that is a waiver for the 12 months relationship requirement though you still do need your relationship evidence and you'll still need to go abroad.
If you're Canadian, are you not eligible for a WHV or did you use that up?





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Old 07-20-2010, 03:01 AM
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Thanks for the reply.

I am Canadian but do not know what a WHV is?

I originally came into AUS on a 90-day ETA Visitor Visa and there was no way to extend or change to another Visa from that one without leaving the country and re-applying.

So what is the recommended best way to bank the 12 months together then to eventually apply for the Partner Visa??

The suggestion of getting a relationship registration seems the best route, not sure what that is but I would really like some more info on this option. I would be heading to Adelaide, SA.

Thanks for the info and assistance, it is much appreciated.

Todd & Emma

ADD: I spoke with my local travel agent here and they said they could get me a 12 month Visitor Visa and I would not need to show any means of support for it as long as I had a return ticket booked. Since I do not plan on returning but applying for the Partner Visa the Visa I use should not have an NFS condition on it. (??)



Quote:
Originally Posted by Wanderer View Post
Using a tourist visa to get time together is a possibility though to get a 12 months one you'll need to have evidence of means of support for that period and I wouldn't go too heavy on intending to stay with a partner and not needing much in way of money for it could be construed your intent is not to be a real tourist.
Tourist Visas will likely have a No Further Stay condition applying and that'll mean no further visa can be applied for without a waiver and they are kind of mission impossible.
Some people do use/consider the possibility of a trip to NZ or elsewhere close near the end of a visa and then returning on an ETA which will not have a No Further Stay condition to then apply for a visa.
Depending on where in Australia you may head, it may be possible to get a relationship registration prior to 12 months and that is a waiver for the 12 months relationship requirement though you still do need your relationship evidence and you'll still need to go abroad.
If you're Canadian, are you not eligible for a WHV or did you use that up?


Last edited by Todd&Emma; 07-20-2010 at 03:04 AM.

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  #4 (permalink)  
Old 07-20-2010, 04:38 AM
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Quote:
Originally Posted by Todd&Emma View Post
Thanks for the reply.

I am Canadian but do not know what a WHV is?

I originally came into AUS on a 90-day ETA Visitor Visa and there was no way to extend or change to another Visa from that one without leaving the country and re-applying.

So what is the recommended best way to bank the 12 months together then to eventually apply for the Partner Visa??

The suggestion of getting a relationship registration seems the best route, not sure what that is but I would really like some more info on this option. I would be heading to Adelaide, SA.

Thanks for the info and assistance, it is much appreciated.

Todd & Emma

ADD: I spoke with my local travel agent here and they said they could get me a 12 month Visitor Visa and I would not need to show any means of support for it as long as I had a return ticket booked. Since I do not plan on returning but applying for the Partner Visa the Visa I use should not have an NFS condition on it. (??)
Visa Options - Working Holiday - Visas & Immigration and if you're young enough you can be working while you're here and do three months regional seasonal work and you can apply for a second WHV, so no problems to get 12 months up.
ETA visas are good for 90 days but they have a validity period of 12 months, ie. you can go out and come back in for another 90 days and I've not heard of them not having a No Further Stay condition.
SA do not have the legislation in place for relationship registration as yet and it is a way of defactos to register a relationship, an alternate to a marriage certificate you could say.





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Old 07-20-2010, 12:58 PM
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Unhappy

I am past 30 so would not qualify for a WHV.

What I was told and read about my 90 day ETA Visa is it cannot be extended, DEFINITELY has a NFS condition on it, and cannot be extended for another 90 days if you left the country and returned. I found out I could leave AUS before it expired, fly to NZ and re-apply for another one then return to AUS.

But this is not realistic as to bank 12 months + to apply for the Partner Visa I would need to fly to NZ and back and re-apply 5 times, at a mimimum.....

That is not good at all that SA does not qualify for the relationship registration. Which state's do?

Any other suggestions/ideas? There has to have been other couples in our situation who successfully navigated through immigration.

Thanks,
Todd & Emma


  #6 (permalink)  
Old 07-20-2010, 06:22 PM
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I spoke with the Australian Hig Comission here in Ottawa, Canada this morning and got all the info we needed to pursue this. (The 12 month Tourist Visa is not an option to bank time, we will be using another Visa entirely.) So I would suggest for anyone looking for accurate and immediate Visa advice/info, call the local AUS Embassy.

Thx,
T&E


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Old 07-20-2010, 10:20 PM
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Quote:
Originally Posted by Todd&Emma View Post
I am past 30 so would not qualify for a WHV.

What I was told and read about my 90 day ETA Visa is it cannot be extended, DEFINITELY has a NFS condition on it, and cannot be extended for another 90 days if you left the country and returned. I found out I could leave AUS before it expired, fly to NZ and re-apply for another one then return to AUS.

But this is not realistic as to bank 12 months + to apply for the Partner Visa I would need to fly to NZ and back and re-apply 5 times, at a mimimum.....

That is not good at all that SA does not qualify for the relationship registration. Which state's do?

Any other suggestions/ideas? There has to have been other couples in our situation who successfully navigated through immigration.

Thanks,
Todd & Emma
It sounds like you had a standard Tourist Visa 676 as against an ETA - ETA (Visitor) (Subclass 976)
I was not suggesting at all that you use the ETA for repeated visits but that some people do consider using one for returning with a NFS condition after having left near the end of a 12 months stay on a tourist visa, per.
Quote:
Some people do use/consider the possibility of a trip to NZ or elsewhere close near the end of a visa and then returning on an ETA which will not have a No Further Stay condition to then apply for a visa.
ACT, Tasmania and Victoria currently have their RR legislation approved by Immi and NSW have legislation but are yet to get on board with the federal government and thus Immi.
As to ways people do qualify, for the 12 months together, it'll usually be something like student visas or WHVs, sometimes tourist visas, having the time together in the applicants country or getting married or applying for a Prospective Marriage Visa.
Family - Visas & Immigration





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Old 07-21-2010, 06:23 AM
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Quote:
Originally Posted by Todd&Emma View Post
So I would suggest for anyone looking for accurate and immediate Visa advice/info, call the local AUS Embassy.
I disagree with this point, to get the best advice speak to an agent. Embassy staff are well known for giving bad/contradictory advice...


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Old 07-21-2010, 08:25 AM
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Originally Posted by Zultan View Post
I disagree with this point, to get the best advice speak to an agent. Embassy staff are well known for giving bad/contradictory advice...
It's easy to generalise Zultan for just as processing times can vary enormously, so can information from Immi people, be they in Australia or abroad and it'll all come down to level of experience/knowledge and attitude - the latter being as Immi peoples' prime role is not to be advisors.
Why they would say someone cannot spend time with another when on a visitor visa is probably because of a pertinent discussion.
If someone was too open with their enquiry, ie. " I want to go to Australia and spend 12 months with my partner to qualify for a partner visa application " they would likely get the answer T&E have for they would have plainly stated they wanted to use a visa for not its intended use.
There is something called "using your nous" we say here T&E.
We've also had quite a few posts on this forum alone Zultan that do rate some agents not too highly either so a certain level of awareness can be handy, something that can be gained by forum discussions.





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Old 07-21-2010, 08:44 AM
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Quote:
Originally Posted by Wanderer View Post
It's easy to generalise Zultan for just as processing times can vary enormously, so can information from Immi people, be they in Australia or abroad and it'll all come down to level of experience/knowledge and attitude - the latter being as Immi peoples' prime role is not to be advisors.
Why they would say someone cannot spend time with another when on a visitor visa is probably because of a pertinent discussion.
If someone was too open with their enquiry, ie. " I want to go to Australia and spend 12 months with my partner to qualify for a partner visa application " they would likely get the answer T&E have for they would have plainly stated they wanted to use a visa for not its intended use.
There is something called "using your nous" we say here T&E.
We've also had quite a few posts on this forum alone Zultan that do rate some agents not too highly either so a certain level of awareness can be handy, something that can be gained by forum discussions.
You're right I am making a sweeping generalisation, there are terrible agents as well as brilliant embassy staff.


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