Onshore Defacto Questions

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Onshore Defacto Questions


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Old 02-15-2011, 07:04 AM
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Onshore Defacto Questions

Hi all,
At the moment I am in Australia on an ETA for 3 months, at which time I had been planning upon leaving and filing my Defacto Partner Visa offshore from the USA.
Now, certain things have been brought up that have us wondering whether the better suited option would be to apply onshore... (My partners family/friends here in Aus, constant interruption to work as we go back and forth in order to stay together, finances...the list of reasons impacting our thoughts goes on and on) Our application is pretty close to finished (I swear it will need its own suitcase!) so getting it together before my ETA expires isn't a problem.
The questions that come to mind at the moment are as follows:

1) While I've found it isn't technically "illegal" to apply for a partner visa from an ETA, just how frowned upon is it? (My intention entering the country was 100% to leave in 3 months)

2) If we go the onshore route, I am granted a Bridging Visa (and would that be a bridging visa "A"?) until the time at which the Partner Visa would be granted. At what time does the Bridging Visa go into effect- from the time I apply for the Partner Visa, or at the time my current ETA expires? Ie, does applying for the Partner Visa automatically cancel out the ETA?

3) Part of our current pondering is due to finances. The Bridging Visa has the same work restrictions as the visa one was on before, correct?- in my case, an ETA, which doesn't allow me to work and therefore wouldn't allow working rights on the Bridging V. I've read that one can apply for those work restrictions to be lifted when one can prove that an added income is justly needed. This is something that actually happens, in honest cases?

4)Aside from the cost difference- more to apply here in Aus than offshore in USA, and that I would need to be here when Temp Visa and then later Perm. Visa were granted versus being allowed freedom of location upon grant if originally applied offshore, are there any other major or minor differences in applying here Onshore instead of applying Offshore? Any little tidbit I am missing?

Applying in general, whether here, there or anywhere- it is slightly stressful stuff. Reading up on all the in's and out's, compiling the necessary tons of paperwork, not to mention simply staying with your partner if you haven't been lucky enough to live unimpeded in a country together... All worth it in the end, but the meantime can be downright painful. I appreciate any information that can be passed along to me, and I pass on to those of you in similar situations all the good luck I can with your own visa path. Thanks much!!!


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Old 02-15-2011, 01:56 PM
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1. It is not technically illegal to apply for another visa when already here on an ETA.
2. A bridging visa normally takes effect from when an existing visa expires and with ETAs, that raises an interesting point for they have a validity of 12 months though with stays of three months at a time. I've never seen a post of how Immi treat the situation re the expiry but suspect they may either just accept that expiry is reached at the end of three months or they mat arrange you to withdraw the ETA.
3. There have not been yoo many posts re seeking permission to work when on a Bridging Visa, though there is provision for it and one case of permission granted posted recently.
4. With an onshore visa, it is now possible to be offshore for the PR granting, though you may have a date by which to return to validate it.





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Old 02-17-2011, 05:54 AM
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Thank you for your response Wanderer. I suppose not everything can be perfectly black and white even (or perhaps especially) when it comes to Immigration matters. I would assume that as when checking my ETA status online, the expiry date is given in May of this year, and therefore that would be considered the end of my ETA vs 12 months... Will just have to continue looking into which option suits us best, and hope it all works out for the best! Thanks again


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Old 02-18-2011, 01:09 PM
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Just to make sure - you didn't mention anywhere in your post that you have lived together in a de facto relationship for 12 months. If you're going to apply for defacto partner, make sure you've lived together for 12 months and can submit paperwork to prove that you've been together. The 12 months has to be all in a row, or with a minimal, explainable break if you have any time gap in living together/supporting one another.

Just making sure, since you only mentioned the 3 month visa.


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Old 02-18-2011, 07:29 PM
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Hi Silviar,
I appreciate your comment and concern. Luckily, we have been together for 4 years, defacto for 3 and registered with various authorities for some time now. Which is part of the reasoning to just stay put and apply here; the last 4 years have involved a lot of movement here, there and in between to balance it all out. Thanks again!


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Old 05-16-2011, 11:04 AM
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Quote:
Originally Posted by aussiegirl View Post

Being on a 676 and applying for an onshore spouse visa is fine if it doesn't have a no further stay condition on it. If it does, you have to go somewhere out of Australia to apply. As you realise, your visa is just for tourism, so you need to be careful about what you say regarding your reason for travel. You could say visiting friends and travel?
__________________________________________________ ___________________

Is it really a bad idea to write "Temporary Resident" anytime it asks "Purpose of Visit" on a form? I'm looking at form 47SP and form 80. It just doesn't seem to make sense to write "Tourism / Travel" when my case clearly indicates that I am in Australia just to be with my partner....

Any other ideas anyone? Sorry, this has just been buggin me since the beginning.


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