Tourist Visa while waiting for permanent visa

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree1Likes

Tourist Visa while waiting for permanent visa


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-17-2014, 10:05 PM
Senior Member
 
Join Date: Apr 2013
Posts: 64
Users Flag! From australia

7 likes received
5 likes given
Tourist Visa while waiting for permanent visa

Hi All,

I currently live in the US with my husband and we will be applying for my US citizen husband to immigrate to Australia on a partner visa (we are already married). I was wondering if anyone knows if you can get a tourist visa and stay in Australia on a tourist visa while waiting for approval on your partner visa?

We planned to apply for his partner visa while in the US so I know he would need to return to the US once his partner visa is approved to activate it.

The reason I ask is I wanted to return to Australia with our son and get a job and get settled so the transition is smoother, but I really didn't want my husband to stay in the US the entire time without us until his permenant visa comes through because it could be months and months of being apart. I know he wouldn't be able to work on a tourist visa but it's better than spending months apart from his son and myself if we can avoid it.

Any info would be super helpful! Thank you!


Last edited by channie14; 03-17-2014 at 10:12 PM.

  #2 (permalink)  
Old 03-18-2014, 04:22 AM
Active Member
 
Join Date: Mar 2014
Posts: 34
Users Flag! From australia

24 likes received
19 likes given
I asked the same question in a post less than a week ago!

It seems that it is quite common to do this, at least according to feedback on the forum. You certainly do have to let your CO know though. When I asked our immigration agent if we could do this, he said it is a VERY bad idea, and that we should not do this.

We have applied through Berlin though, and they are very... how can I say it... German. Every response from the CO to any question is a cut and paste direct from the handbook, and the handbook says you have to remain offshore.

Sorry I probably haven't been much help - I desperately want to know the answer to this one as well... without any feedback on where you are in the visa approval process (we are all completely in the dark), this is so super restrictive and puts a huge strain on all involved. Like you guys, we just want to spend the time waiting together!

But really it depends on your CO, and how flexible/human they are... I would get word from them direct, ask if they will give notice before issuing the visa so your hubby can get offshore.

(no offence intended to any Germans out there!)

Cheers,
Shane.


  #3 (permalink)  
Old 03-18-2014, 05:09 AM
kangaroogirl's Avatar
Senior Member
 
Join Date: Aug 2012
Posts: 656
Users Flag! From australia

162 likes received
35 likes given
Many people do it without a problem. You need to let them know your travel details and make sure they have updated contact details for you.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 03-18-2014, 02:18 PM
Senior Member
 
Join Date: Apr 2013
Posts: 64
Users Flag! From australia

7 likes received
5 likes given
We haven't applied for any visa yet - still just gathering info. I definitely don't want to over complicate the process - after going through everything a few years ago to get me to the United States I think straight forward is best lol. Thanks so much for your help!


  #5 (permalink)  
Old 03-18-2014, 11:25 PM
kttykat's Avatar
Moderator
 
Join Date: Oct 2012
Posts: 1,377
Users Flag! From usa

513 likes received
218 likes given
Since he is a US citizen, he is eligible for an ETA.

I did exactly the same thing on the advice from DC!

When I decided to go to Australia on an ETA to wait out approval I only did so after being advised from immigration that it was one way I could be with my husband. I travelled to NZ for the grant of my visa.

I have gone into detail several times about exactly how I did it, if you look back through my previous posts you will see more details.

Kttykat




__________________

  #6 (permalink)  
Old 03-19-2014, 09:42 AM
Active Member
 
Join Date: Mar 2014
Posts: 34
Users Flag! From australia

24 likes received
19 likes given
Hi Kttykat,

when you say 'advised my immigration', does that mean advised by your CO (from the embassy where you submitted your visa application)?? That is, did your CO advise you that this was something you could/should do?

Cheers,
Shane.


  #7 (permalink)  
Old 03-19-2014, 10:02 AM
kttykat's Avatar
Moderator
 
Join Date: Oct 2012
Posts: 1,377
Users Flag! From usa

513 likes received
218 likes given
No, I had not had any contact from my case officer when I went to Australia. I spoke with a person at the embassy and asked what my possible options would be, they advised that an ETA would be a possible way. From my take on the whole thing, it is an unofficial but accepted practice. My case officer was informed of my travel arrangements and when I was travelling to NZ, I contacted the embassy again via email and was finally contacted by my CO. I asked politely if they could consider granting my visa whilst in NZ (originally going to renew my ETA), which they kindly did.

Kttykat




__________________

  #8 (permalink)  
Old 03-21-2014, 09:04 PM
Active Member
 
Join Date: Mar 2014
Posts: 34
Users Flag! From australia

24 likes received
19 likes given
Found this in the FAQ's on the (Berlin) Aussie Embassy website. Suggests that yes you can get a tourist visa, it does not effect your PMV application, and if you are in Aus when it is about to be granted you just have to get offshore for about 4 working days, to any other country. Will ask our immi agent to run the by the CO and see what he says:

18. Can I travel to Australia while my Partner visa application is being processed?
You may apply for other visas while your migration application is being processed. This will be assessed against the criteria for that visa subclass and will not affect the assessment of your migration application. Further information on other visas to Australia can be found on our website, Australian Government Department of Immigration and Border Protection.

Please be aware that if you enter Australia on a one way ticket you may be asked by Australian immigration authorities, on arrival at the airport, about your plans for departing Australia. If entering Australia on an ETA or Tourist visa the immigration officer will need to be satisfied that you are a genuine visitor. You would need to explain your intentions to the officer so that the officer is satisfied that you do not intend to stay beyond the period which your visa allows. This also applies if you have an ongoing application for a partner visa.

If your travel to Australia results in you spending a cumulative period of 12 months or more in Australia in the last 10 years, you will need to provide an Australian Federal Police (AFP) check before your visa can be granted. For further information, please see the following website:

See: National Police Checks - Australian Federal Police

19. Can my Partner visa be granted while I am in Australia?
No. If you have lodged your partner visa outside Australia, it is a legal requirement that you also be outside Australia at the time of visa grant. If you are in Australia when your visa is ready for grant, you will need to depart. You can depart for any country in the world and you should spend at least 4 working days outside Australia to allow for processing of your visa. Working days do not include Saturday, Sunday or Public Holidays. You should keep your case officer informed of your contact details.

kttykat likes this.

  #9 (permalink)  
Old 03-25-2014, 09:50 PM
Senior Member
 
Join Date: Apr 2013
Posts: 64
Users Flag! From australia

7 likes received
5 likes given
Quote:
Originally Posted by kttykat View Post
Since he is a US citizen, he is eligible for an ETA.

I did exactly the same thing on the advice from DC!

When I decided to go to Australia on an ETA to wait out approval I only did so after being advised from immigration that it was one way I could be with my husband. I travelled to NZ for the grant of my visa.

I have gone into detail several times about exactly how I did it, if you look back through my previous posts you will see more details.

Kttykat
Kttykat - how do you find your previous posts? Also, if you went to Aussie on the ETA to wait for your visa to come through did you just keep leaving the country every 90 days? It was my understanding that you can only stay for a 90 day visit each time on the ETA and given that the visa process takes longer than 90 days you'd have to exit and re-enter?


  #10 (permalink)  
Old 03-25-2014, 10:55 PM
kangaroogirl's Avatar
Senior Member
 
Join Date: Aug 2012
Posts: 656
Users Flag! From australia

162 likes received
35 likes given
Quote:
Originally Posted by channie14 View Post

Kttykat - how do you find your previous posts? Also, if you went to Aussie on the ETA to wait for your visa to come through did you just keep leaving the country every 90 days? It was my understanding that you can only stay for a 90 day visit each time on the ETA and given that the visa process takes longer than 90 days you'd have to exit and re-enter?
Yes that's correct. You need to leave the country every 3 months and it can be risky as immigration doesn't particularly like people doing this... You may be questioned upon reentering Australia as we were, and given a warning about not using the ETA in this way. Many have done it a couple of times with no worries but we were questioned intensely after the first 3 months to establish the genuine "tourist" reasons for leaving and coming back a few days later.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Needs advice about tuition while waiting for permanent visa. wolfgreyadonis Visas and immigration 2 05-16-2013 04:12 AM
Anyone waiting on a permanent visa? ronaldograxa New member introductions 7 12-03-2012 11:21 AM
Tourist visa while waiting for a 309 permanent visa manolis13 Visas and immigration 2 08-20-2011 01:28 PM
permanent visa waiting! sandra26 Visas and immigration 2 03-26-2011 12:00 PM
waiting for permanent visa bridgie25 Visas and immigration 4 09-22-2010 03:20 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 04:28 PM.




Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
AustraliaForum.com