Please help.. WHV to Tourist to Partner?

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Please help.. WHV to Tourist to Partner?


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Old 10-06-2010, 07:27 AM
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Please help.. WHV to Tourist to Partner?

Hi All,
Been reading this forum for a while now and finally decided to join as I desperately need some advice.
I moved to Australia from Canada on a WHV in Nov 2009 to be with my Aussie partner. We have been talking about the partner visa for some time, but now that it has come down to the wire he is concerned about the commitment required of him. Our relationship is in turmoil with all the pressue of visas and I'm lost. I was hoping to bounce some ideas off you.
If I were to apply for a tourist visa at the end of my WHV (Nov.10.10) and do some travelling around AU, could I then apply for the partner visa if we worked things out? I understand that WHV holders are generally given the NFS condition on tourist visa to extend a stay, but could this be waived for an on-shore application?
I've read some posts about people flying to NZ for a few days and applying for an ETA to come back to AU. Could I apply for a partner visa on an ETA?
If we could apply for the partner visa while on a tourist visa what type of conditions would the bridging visa have? Would I not be able to work until the visa is approved?
If he does decide to save us the hassel and apply for the partner visa now, we've only got roughly 4 weeks. How long does it generally take to get everything together to complete the application. I've already got my criminal check from back home, photos, lease agreements, bank accounts, a car and boat etc etc. Is it just the medical, stat dec and personal statements to prove de facto that is left?
I'm really lost at the moment, and now that my time here is coming to an end, or so it feels, it is just ticking by so fast. My partner is feeling pressured and I'm unsure of my options for the future.
Any guidance or comments would be greatly appreciated.
Thanks...


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Old 10-06-2010, 08:02 AM
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Hello can - ain and Re:
Quote:
I've read some posts about people flying to NZ for a few days and applying for an ETA to come back to AU. Could I apply for a partner visa on an ETA?
That occurs because you can not under normal circymstances get a tourist visa at the end of the WHV and you can read about extending your stay @ Working Holiday Visa (Subclass 417)

Sounds like you have started getting some evidence together and have a read via Family - Visas & Immigration of the eligibility and applying for this visa sections, make good use of the Checklist and also Booklet #1 and you'll get the idea.
Another Canadian, el kitten has put together a bit of a tale about her experience and you ought to also read her thread we have put near top of the section with other sticky threads.

There's two things in particular you ought to consider:
1. You really need the full 12 months + together for a partner visa and so unless you can do a relationship registration for that if you are in ACT, NSW, Tasmania or Victoria [ see relevant Births, Deaths and Marriages registry ] and get a waiver or also have time tigether immediately before you came over that you can link together, you probably ought to make plans for that NZ trip with an ETA return as that will not have a No Further Stay condition applying.
If doing that, do not leave it until the last couple of days of your WHV for to get on to an aircraft to NZ you will need to have a return ticket or a flight out to a country you have a right of entry to, so what you can do is book your return ticket so the return is still within the validity of your WHV and as soon as you land in NZ you cancel your WHV and apply for the eta and come back on that.
2. Just as a hint and to take the pressure of the lad, let him know that being a sponsor for the partner visa or getting the relationship registered does not mean he is signing up to immediate marriage or even marriage at all down the track if you both decide not to and that's something you can just take it as it comes.
So if he sees it that way, perhaps you can get the relationship back on track.

Best of luck with it.





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Old 10-06-2010, 08:55 AM
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Thanks for the quick reply.

We have the 12 month relationship requirement already and if we are to apply for the partner visa I dont think we'll have any troubles in getting approved.. We are in QLD.

I, unfortunately, based on previous discussions surrounding our PMV application, did not work for 3 months doing regional work so I do not have the option to apply for a 2nd WHV. I did however work in regional australia for almonst 12 months with 2 seperate employers, but not doing the 'regional work' as listed on immi's website. So i think I'm at a loss with this one.

My main question is, can I apply for a PMV while in AU on an ETA or a Tourist 676? If I were to apply for the on-shore 676 on the conditions that I spent the last 12 months working and not holidaying, what do you think my chances are of getting approved. My genuine intent is to see what I haven't yet as I've been working and participating in my relationship as opposed to travelling.

Also, I have been working with my employerfor 4 months and there are talks of sponsorship, but with only a few weeks left, my time is seriuosly limited in exploring options. Can I apply for a 457 on a labour agreement while on a visitor or tourist visa?

Basically, if applying for the PMV, I'd like more time to spend with my partner while we work things out and I was looking to explore the options to be able to do that. And if the 457 turns out to be a viable option, was exploring the same options.

Thanks again for your response, my situation is however a little complex.

Cheers


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Old 10-06-2010, 09:46 AM
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You can only apply for a PMV while outside Australia and that definitely is for intended marriage and hence if it is a commitment issue, that's why a partner visa application may be better.
If you are on a WHV, it's only a 457 visa that will really be possible for you will just not get a tourist visa after a WHV.
Whether you can apply for another visa whilst on a tourist visa will depend on whether there is a No Further Stay condition on it or not and there is no way of knowing until you get it, asking for a definite ommission of one not being possible and thus the reason to get an ETA to return on if you need to leave.
But if you have the 12 months requirement in hand, I would not be making things any more difficult if possible and just get your partner visa application in or see if you can progree the 457.





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Old 10-07-2010, 10:14 AM
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My only experience is with the opposite situation - Australian BF on a WHV in Canada and then trying to convert it to a regular work visa in Canada. We're currently in Australia so you might be able to guess how all of that turned out
(long story short, he spent TWO YEARS without a proper visa while he was waiting on a decision on his work visa - so he couldn't work or anything. We got fed up with everything and got my paperwork in order to move here).

Getting a work visa is VERY hard if you aren't a skilled worker. I think the reason why they don't often extend visas is because after 2 years you can apply for residency.

If you think you have everything you need to apply for a spouse visa then I'd do that.

Is it possible for your partner to travel to Canada on a WHV and live with you there? Offshore processing is cheaper and possibly quicker (it took us a month applying in Ottawa). It will at least give you guys more time.


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