spouse visa help

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spouse visa help

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  #1 (permalink)  
Old 09-27-2010, 08:56 AM
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spouse visa help

hi there
My case probably can be commun but im quite lost i need a bit of help
It is a long story i hope you have time to read it
I've been leaving with my boyfriend (australian citizen) for around 14 months, relationship of 23 months and we wanted to apply onshore for the defacto visa.
Unfortunately when we planned this we couldnt demostrate the time together so we looked for migration advise.
This lady told us to go on an student visa (my initial visa expired on 27th of jun) from this time to the time we were able to demostrate 12 months and then inmediately apply for the defacto so I did an English course for 4 wks that gave me a visa until the 13th of sep. Perfect so far
we organised papers ant filled forms and when she went to lodge the spouse visa (10th sep 3 days befor my visa expired) immigration told her she could not apply this visa because i had the 8534 "no further stay" condition.
She tried to wave the condition but becuase we didnt have time and because immigration can take btwn 2 and 4 wks to gives an answer we got a Bridging visa E to avoided to be unlawful (things staring to go wrong)
She try to waived this condition by saying I was an Skill migrated who hasnt been able to get the registration becuse of the ielts test.
As we knew they refused and now I have to leave the country

We dont know now what can be the best options because we dont wanna wait away from each other for at least 6 months (time for immigratio to grant an spouse visa)

Can i get a tourist visa, student visa? should i wait in my country? (colombia)
If anybody can help us that would be lovely because apparentely my migration agent doesn't know what to do

Please, please

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Last edited by nana; 09-27-2010 at 09:36 AM.

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Old 09-27-2010, 02:18 PM
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Hi nana,
I am an Australian and my partner and I have applied for an offshore spouse visa in Argentina.
First thing I want to say is if your agent 'doesn't know what to do' then you might want to reconsider paying for his or her time! Find someone who does know what to do.

It sounds like you are going to have to apply for the visa offshore. Whether or not you choose to go back to Colombia to do so is your choice. But if you don't already have things like your birth certificate etc with you it might be easier to go home so you can gather all of those things. It will probably be cheaper to translate it all at home also.

As far as i'm aware, all South American countries have to apply via the Australian Embassy in Brazil. We were also advised 6 months for the visa processing but I wan't to assure you that so far, the CO has been extremely efficient and I don't think it will take that long. Our CO was assigned 2 days after the application was received. She is also the same person that processed our son's citizenship by decent application and it was done in less time than originally stated.

I stress that we sent in a very detailed application with lots of evidence which seems to be something that you are lacking and that will affect how long your application takes. On top of which the embassy will probably be closed for a few days over xmas/nye and staff may take holidays. Things you need to consider.

You can go home and submit the application then apply for a tourist visa to enter Oz. However your tourist visa I would imagine is only valid for 3 months so allowing for the possibility that the spouse visa might take 6 months you probably should wait 3 months before going. (not to mention that flights over xmas/nye will be ridiculously expensive!) If you do go to Oz on a tourist visa you'll need to leave the country to activate the spouse visa once it is granted. You would need to make sure you've got a visa for the country you're going to, and to be honest that can work out expensive also. I considered that if my partner's visa isn't ready before our booked flight date arrives (4 months after application) but I think it would be cheaper for us to just stay here and wait until it is ready.

Nobody wants to be apart from their partner for a long period of time, but hopefully it would just be 4-6 months out of your entire life together... try to look at it that way.



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Last edited by desdeBsAs; 09-27-2010 at 02:24 PM.

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Old 09-27-2010, 11:49 PM
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I think the BVE limits what you can do to essentially leaving for they as far as I know are issued for people awaiting an appeal of one description or another and getting a waiver for a NFS because the agent had not checked there was one is most unlikely and if the agent is registered with MARA they should be reported.
As desde says, you can apply from offshore and New Zealand is considered handy by many people and also has a history of reasonably prompt processing though that can always change and to get aboard a flight for there you will at least need a flight out to a country for which you have a right of return to and you will not immediately have that for Australia.
People get around that by booking a refundable ticket from NZ to Fiji and so then on arrival in NZ they submit their application if it is fully ready and also apply for another tourist visa [ request for six months would be best ] and if you do that at the same time as submitting the partner visa application and gently ask if there is an indication of how soon you would need to return to NZ to have the visa granted if all is OK, you may get some indication.
Based on that, you can either stay in NZ a bit or book a flight back to Australia and cancel the flight to Fiji.
You may also find you need a visitor visa for NZ.
You could do the same thing flying to Singapore or Malaysia and again check whether you need a visa but usually no onward flight needed or you can probably book a return to Australia if so.
Air Asia and tigerairlines.com are often running specials and staying in Malaysia can be relatively cheap and should be a lot cheaper than a return flight all the way to Columbia.

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Old 09-29-2010, 04:27 AM
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nana, i agree with desdeBsAs -- its sounds like you should not be using your agent. i am using an agent too (with experience with south american applications) and i recall one of the first things he did was check my partner's previous visa (which also had a "no further stay" condition) & i remember him saying it was good thing that the end date on the visa had already passed as we were NOT able to apply for partner visa before that date.

also i believe if you are doing an offshore visa you cannot be in australia at the time of the approval. so if you are here in aust on a tourist visa when/if its approved, that could be a problem.

travelling to NZ is an option, but i would be careful with this as i think NZ immi is cracking down on south americans using it as a "back door" to australia. I went there recently with my partner (who is brazilian & had an onward flight to brazil -- brazilians do not need a tourist visa for NZ) & they gave us a huge grilling at immigration check-point -- they took him off for a very long interview, then they spoke to me as well although they were a lot nicer to me, assummingly so since i was australian. the immigration lady in charge who i spoke to apologised & mentioned that it was because of "racial profiling" that my partner was flagged for extra questioning (ie south american?). i think the only reason they ended up letting him in was because i was travelling with him at the same time (australian citizen), and Australia & NZ have a good relationship. also note that day-to-day living costs in NZ are more expensive than in Australia.

i would agree with Wanderer that Malaysia could be an option for you. i also went there recently. malaysia one of the cheapest, friendliest, and beautiful countries in asia & would highly recommend it if you needed to wait out time there.

good luck.

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  #5 (permalink)  
Old 09-29-2010, 11:52 AM
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thanks everyone
As you guys know my passport doesnt let me to go everywher this is why unfortunately we decided to buy tickets for me to go to colombia.
Our life at this time is quite messy but hopefully everything will be fine at the end.
We are not really sure what to do with the agent due to the fact that she is pregnant and probably her lack of experience had lead us to this position.
We dont really want to take actions againts her.
We just want to let her know what she did and because of her we are in this position.
At the same time she mentioned it wasnt her fault it was case officer fault because she did the same before and nothing happened i mean short courses without a further stay condition attached.
Is this commun?
And also i read about how important it would be the cover letter to accelerate the procces from overseas. is this also true?
thanks again

Last edited by nana; 09-29-2010 at 11:55 AM.

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Old 09-29-2010, 05:18 PM
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If someone had a student visa without a NFS it is possible to apply for other ondhore visas but for very short courses, it could be that they do apply NFS conditions as you found out they did with yours.
There's no accelerating cover letter to put with any application and you just have to make sure you have eligibility, a complete and accurate application.

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Old 07-20-2011, 05:56 AM
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I am from Venezuela and I am going through a similar situation. My husband holds a 495 visa and I applied on June 2011 to be included in it. I apply the very first time in march 2011 and flew to Australia in April using Visitor visa (676 No Further Applications).
After 15 days I received a communication from DIAC informing me that my application was invalid because I was in Australia, so I had to leave the country in June and apply again.

Last week I received a letter from DIAC informing me that my application is processing, so I can apply for a new turist visa while it is ready, however, as it is offshore application I must go out from OZ to finish the process.

The options: Of course the cheapest one is staying in Venezuela until we get the answer (hopefully soon!), but if I would choose to join my husband in the meanwhile the fastest way is tourist visa (it can be issued for 3, 6 or 12 months). The student visa is possible, but it is not cheap at all (courses for international students are really expensive) and also needs medical examinations.

You can find all the information about visas in the web page of the Australian Embassy in Chile, they are in charge of visas (tourist, student and spouse) for South America.


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Old 09-22-2011, 03:28 AM
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Everyone my name is srinath and my wife got 457 visa and i am student visa with no further stay condition can any one please tell me how can i convert to dependent visa please do reply

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Old 09-22-2011, 05:35 AM
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Hello Guys,

I wanna to know about visa procedure......

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Old 09-22-2011, 06:15 AM
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Hi srinathsoma,
As the partner of someone on a 457 visa, you can apply as a secondary applicant:
Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)

You should contact DIAC on 131 881 to ask them how to go about being added to her visa, as I'm not sure about the procedure since she's already been granted the visa - you could have applied as the secondary application when she first applied.

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