Travelling to Australia on ETA while waiting for Partner Visa

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Travelling to Australia on ETA while waiting for Partner Visa


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Old 09-17-2010, 06:53 AM
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Wink Travelling to Australia on ETA while waiting for Partner Visa

Hi All,

I'm happy to have stumbled on this website as there is so much useful info and people in similar situations.

So, I'm an Australian living in China with my Canadian partner. We have been together for almost 3 years, having 1st met in China, then spending 1.5 years in Canada, now we are back living in China.

We are about to apply for her visa for Australia - Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100). We plan to lodged the application here in China (Guangzhou) as this is where we reside for now. However, months ago we booked tickets to Australia for Xmas and New Year and a Family Wedding. I am concerned that once we lodge the application for her Partner Visa, that she will not be able to enter Australia on an ETA. I know many people on here say that it is ok to do so, but I wanted to find info on the Immi site that states this as fact. Does anyone know if it exists?

Also, what if we were to stay in Australia and not return to China? It says she has to be outside Oz when the visa is granted. Does this mean that she would just have to a trip outside of oz and then be able to come back in oz on her new visa?

Has anyone else has experience with applying for this Visa in China?

Thanks in advance for all your help!

Brydie


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Old 09-17-2010, 07:41 AM
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You'll not actually find a direct reference on the Immi site about having one visa application being processed and using another though there are some situations discussed for skilled visas where one may already have one type of visa and be able to apply for another and you will find some indirect references even in the family stream about when and what you can do re applying for a visa.

The few golden rules you can find mentioned in various areas are in fact:
. apply for a visa offshore, you need to be offshore to have it granted
. apply for a visa onshore and it means you can be onshore and have it granted.
. you can not apply for another onshore visa if you do not hold a substantial visa or have a substantial visa that has a No Further Stay condition on it.
So yes, some people do apply offshore and make a trip in the meantime and then duck across to NZ or wherever to allo an offshore application grant to occur.

You may also want to have your girl consider getting an ETA for just that Christmas trip and if she likes the place so much you may consider you do not really want to back to China and so with an ETA and no No Further Stay condition, she could apply for a partner visa whilst in Australia.
If she wanted to work while waiting, is she young enough to apply for a WHV to enter on and then she could apply for the partner visa while being here on that.





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Old 09-17-2010, 08:37 AM
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Thanks for your advice!

No, she's not young enough for the WHV visa

How would we know when to make a trip to NZ before it's granted? I mean, what if we applied Offshore, went to oz to wait for the application to be approved...how would we know when we should duck over to NZ to wait for it to be approved? Is it a huge consequence if she's in Australia when we receive the email telling us it's been approved.


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Old 09-17-2010, 10:57 AM
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You'll not receive an email in Australia saying an offshore visa has been granted but best thing to do if that's the way you're going to handle it is put the application in and hope the China Immi people do not get it going off the rails because she is Canadian, but anyway as well as clearly nominating an email for contact put in a form 1022 just before you leave to come back to Oz and notify of an address here.
An email advice will be sent to let her know a decision on the visa is imminent and she has to advise then of departure from Oz details and on flying to NZ for nominally five days, you may even find on arrival or the day after that the visa has been granted for as soon as Immi's computer system registers that an offshore applicant has left the country, it'll probably not be much more than a few computer clicks for a CO to see that and click an entry to say a partner visa is now current.
On arrival in NZ you could even ask their Immi people or an airline check in to see if the new visa shows in the system when they scan it.
There's nothing illegal with applying for an ETA for a trip you know and then deciding to do something while here.





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Old 09-17-2010, 01:51 PM
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That's awesome news! As long as we time it right, we could enter with her on an ETA to wait out the decision.
I was informed that here in Guangzhou, China, the waiting time is 10 months (at present).
Thanks so much for all your help!


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Old 09-17-2010, 03:04 PM
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People in Canada have been reporting much shorter times than and so you could consider sending your application to Canada, perhaps 5-6 months being possible.
I suppose you know she'll need character checks from China as well as Canada and any other country she has lived in for 12 months or more in past ten years.
I'd expect that time for processing onshore in Australia would be somewhere closer to what it may take being done in Canada but you would still want to get the China character check before leaving there for I've seen that some people have not found it so easy getting them and especially after leaving.





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Old 09-17-2010, 03:27 PM
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The only problem with applying in Canada would be if we were asked for an interview. We can't really do that, being in China.
Yeh, i just realised we will need a police check from China also....Ohhh, so much to get organised - it's such a long drawn out process and i haven't even really started LOL.


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Old 09-17-2010, 03:53 PM
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Not everybody gets asked for interviewing and if you go ahead with submitting an application in Canada and let them know you're heading to Oz from China they could if they decide an interview is necessary arrange for that in Australia.
I just think if the people in China have quoted 10 months they're thinking of it as an application from a Chinese national.
By the time you submit an application in China you may already have moved to Oz before they're ready to do an interview there anyway and still more reason to submit it here in Oz rather than risk things becoming a bit too mixed.





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Old 09-17-2010, 04:29 PM
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The problem with applying in oz is the price difference ($2500). Applying Offshore it's around $1700. My partner would then have to leave Oz every 3 months as the ETA is only valid for 3 months at a time. She'd also be sitting in Oz doing nothing, seeing as she can't work and I'd be working...

Do I have to provide a police check too? I didn't read anywhere that I'd have to, but i read on this forum that people have done so.


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Old 09-17-2010, 04:34 PM
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We've just been online trying to organise a police check for my partner from Canada - a wait off at least 120 days!!! OMG... and the form needed is not downloadable...Fingers crossed we can get it at the Canadian consulate here in China.


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