which choice do I make??

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which choice do I make??


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Old 02-07-2011, 06:09 AM
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which choice do I make??

Hello there Im wondering which way to go with my husband moving to Australia, originally my thoughts were for him to arrive on a tourist visa, he is Canadian, and I am an Australian citizen, I am in Australia and he is still in Canada, he would arrive on a tourist visa with a return ticket for the length of maybe 5-6 weeks and then in that time take our spousal application to a melbourne office in person and extend his stay is this to risky, or are we just better off applying for him offshore


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Old 02-07-2011, 12:28 PM
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A lot of people seem to look at doing it either way and we get minimal feedback about outcomes, the main issues with doing it onshore being that he needs to arrive on a visa that will not have a No Further Stay condition and the ETA is best for that.

Second issue is if on arrival he is considered not to be making just a visit and a return ticket will support his trip being a visit to check out what Australia is like with all theses floods and bushfires etc.
People do make decisions on a visit and if he has no NFS, he can go ahead with an onshore application though one other aspect hopefully resolved with Immi is that when applying for an onshore visa, a bridging visa is usually issued when an existing visa expires whereas I'm unaware of how Immi view the ETA for though it will have a staying three months at a time limitation within a 12 months validity and so they may have to do a tweak like having him withdraw the ETA to be issued with a bridging visa.
Hopefully all is OK, though again no feedback.

If he gets a bridging visa, he can apply for a removal of the work restricted condition which he may not be successful with though one poster was recently.

If he does have a good job at the moment, though it means being apart, there could be less stuffing about for him to apply offshore though one thong stated in the partner regulations is that it is expected people are together when an application is submitted so there is some risk of a rejection when applying from abroad and you are here and being apart has been for some time.

Any chance that he is young enough for a Working Holiday visa and then he could look for work as soon as getting here, again that a good reason to be visiting if queried on arrival and he could apply for the partner visa and not need to seek a work permit even if needing to go on to a bridging visa.





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Old 02-07-2011, 02:20 PM
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Thanks for replying wanderer,

with him being from canada and him coming looking like he is just visiting friends for a few weeks and possessing a return ticket do you think he will likely get a no further stay condition??
He will be to old for a working visa, and to apply offshore is tricky also.
I went to canada in november 2009 and I went as a visitor and got the 6 months stay and we applied for my spousal sponsorship onshore over there we got married in the february 2010 and I was still waiting for my work permt and application to be processed, I have 3 children and a small grand daughter in australia, and my daughter was having a very difficult time and needed me back in australia, my husband and I were planning to move to australia together at the end of 2012 anyways but my husband is committed to stay in canada until september 2012 as he is helping his parents pay off their mortgage and if he was to leave sooner they would not be able to afford to keep the house.
So my husband and I decided I would return and help my daughter sort herself out so I cancelled my onshore spousal sponsorship as it would have been no good anyway once I left canada, and he will arrive at the end of next year once he has helped his folks, by then I would be working and be settled in a home, so my concern with us being apart for 20 months but always chatting and phoning and keeping our love and marriage alive the best we can, that if we did an offshore one would immigration see it being a problem with us being apart for that amount of time???
Im hoping him coming as a visitor would be our best option


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Old 02-07-2011, 09:39 PM
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Yes, even with a marriage, that ammount of time apart could be a problem when applying while still apart.
I think if he applies for an ETA that is the most full proof way for him not to have a NFS as they are allocated at random to tourist visas.





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Old 02-07-2011, 09:51 PM
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oh ok so he cant get a NFS using a ETA?? and when he arrives here what would be our next step in extending his stay until we can submit our application for him which we would do pretty soon in person after he has gotten here, its so confusing and heartbreaking, I sat idle for 15 months waiting for my application and nothing was done even after that amount of time in canada, I have only been back in Australia for 3 weeks, thanks for answering my questions


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Old 02-07-2011, 11:28 PM
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An ETA wwill be good initially for three months and so you could either consider him putting in an onshore partner application towards the end of that period and hopefully a bridging visa is granted or he could duck over to New Zealand and return for an additional three months.
Alternately, if he applies for an onshore tourist visa while on the ETA, the tourist visa will likely have a NFS on it and so then he would have to head to NZ to apply, come back and then go again to have the visa granted.
It's a bit of a catch 22 situation and if you have a chance to return again to Canada for a few months sometime later this year, it might be easier if you put in the application while over there, even if you are then coming back while it is processed and that way there should be no messing around with an ETA etc.
And for justifying to Immi doing it that way, if you need to, the other way not being a great process by their requirements supports doing an offshore application as being the right way - it is cheaper too by about $800.





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