Australia Forum banner
Status
Not open for further replies.

Partner Visa Troubles Need help ASAP

5K views 32 replies 8 participants last post by  jaepearce 
#1 ·
Hi guys and girls,
frantically trying to get all this down quickly. I just got off phone with australian embassy in bangkok.

First off...
Just applied on the 20th this month for my partners 309 visa here in thailand.
quick summary of us.. Were married last year in august in australia.
my partner has been to australia 2 times in last 12 months
first tourist visa was for 3 months from jul-sep and then another tourist visa 6months from Jan - aug this year.

After getting acknowledge back from immigration for the 309 online submit we then applied last week in bangkok for another tourist visa for 6 months allowing her to come back to australia asap with me.

The person i just spoke to at the embassy said that there was a bit of a drama giving my wife another tourist visa for 6 months cause she has spent nearly 9 months in australia in last 12 months.
I pleaded my case with him and told him our circumstances.
He said that best option they could offer us would be to give us a 12 month tourist visa with multiple re-entry but with a maximium stay per per visit of 3 months, basically he said that she needs to maintain time in australia and time away equally.
I also asked that the 8503 stamp not be attached to the visa and hes garanteed me that it wont be. i no that the 8503 opens up more options and gives people more rights in australia

So what would my next options be?

correct my if im wrong but what ive been reading about partner visa's is.
if i was to cancel the current 309 visa and wait till she gets to australia on her new tourist visa providing that it has no 8503 attached. that maybe we can re-apply for the 820 visa and then apply for a bridging visa till granted.
My wife and i hate being apart and so far in the last 12 months ive spent nearly close to 15k in flights back and forth for myself and her to australia/thailand.

Anyone have any ideas what my next plan of attack should be?
hopefully this all makes sense and hopfully from what ive been reading i have understood correct.
Also we have until the 11th aug before i fly back to australia.
But im really hoping that i have a plan in action being going back.

Thanks guys for taking the time to read this.
cheers
 
See less See more
#2 ·
You can try that, but if you cancel her 309 you're aware you won't get the money for it back, right? They keep it. Then you'll pay another almost $5k to file the 820 onshore.

You'll need to be cautious about using the tourist visa to get into Aus to apply for the 820. Read this that I posted to someone else earlier today: http://www.australiaforum.com/538258-post12.html
 
#3 ·
if i was to cancel the 309 while she was in australia on her tourist visa and then reapply for the 820. would that immediately mean she would be then entitled to a bridging visa superseeding the tourist visa and would be able to stay until granted?
im just trying to decide what is better for us with no time apart..
 
#4 ·
if i was to cancel the 309 while she was in australia on her tourist visa and then reapply for the 820. would that immediately mean she would be then entitled to a bridging visa superseeding the tourist visa and would be able to stay until granted?
im just trying to decide what is better for us with no time apart..
 
#5 · (Edited)
So what would my next options be?

correct my if im wrong but what ive been reading about partner visa's is.
if i was to cancel the current 309 visa and wait till she gets to australia on her new tourist visa providing that it has no 8503 attached. that maybe we can re-apply for the 820 visa and then apply for a bridging visa till granted.
My wife and i hate being apart and so far in the last 12 months ive spent nearly close to 15k in flights back and forth for myself and her to australia/thailand.

Anyone have any ideas what my next plan of attack should be?
hopefully this all makes sense and hopfully from what ive been reading i have understood correct.
Also we have until the 11th aug before i fly back to australia.
But im really hoping that i have a plan in action being going back.

Thanks guys for taking the time to read this.
cheers
You can try that, but if you cancel her 309 you're aware you won't get the money for it back, right? They keep it. Then you'll pay another almost $5k to file the 820 onshore.

You'll need to be cautious about using the tourist visa to get into Aus to apply for the 820. Read this that I posted to someone else earlier today: http://www.australiaforum.com/538258-post12.html
I'm not sure if people are even allowed to do that.
The Bridging Visa will have the same conditions of the visitor visa i.e. no work, 3 months maximum study.

I second CG! AHC won't refund you the $3085 you've already paid in fees if you do decide to withdraw your offshore 309/100 application. And you will have to pay the onshore partner (820/801) visa application fees which is $4575.

I'm positive about this as someone on another immigration forum withdrew their visitor visa application (which they had applied for in March 2014 and still their application wasn't approved as AHC was waiting for external clearance from ASIO, because of their work history; the same reason what is causing delay to their partner visa application they applied for on July 19, 2013) and was not refunded the fees even though no decision was made on their application.

You will have to either keep travelling back and forth on your 1 year multiple entry visitor visa until a decision is made on your application.
I understand what you must be going through, the separation kills you. My husband and I left Australia in May 2013 hoping that my partner visa would get finalized before his 6 month visitor visa was going to expire.

It's been 8 months since he's been back in Australia and over 12 months since I lodged my application and I'm still waiting. We can't afford to travel every 3-4 months and barely making it through. Surviving one day at a time. Plus the bizarre rules AHC in my country follows can really delay my case more that they already have :(:(:(:( So all I can do is hope that GOD will answers my prayers very soon and I will be able to get back to my normal life with my husband.

This is a long procedure and patience is the key to surviving it without losing your mind!!
Hope this helps and I really hope that you won't have to wait for half as long as I have to wait. Good Luck!!

Kind Regards,
Becky
 
  • Like
Reactions: Dinkum
#6 ·
im honestly not worried about the money side of things loosing the 3000 and then having to pay the 4500,
But i thought with getting a multiple re-entry tourist visa without the 8503 condition attached that would mean then if applied for 820 visa onshore it would mean that a bridging visa could happen
 
#7 ·
I'm not sure if there are any side effects of doing what you wish to do.
Do consult this with Mark Northman . If this option is safe then go for it!

You can post in the "Ask Mark!". You'll find it at the top of the forum.
Hope this helps. Good Luck!!

Kind Regards,
Becky
 
  • Like
Reactions: Dinkum
#8 ·
The Bridging Visa A you'll get when you apply for the 820 won't "override" her tourist visa, but it will sit dormant in the background waiting for her tourist visa to expire. When her current stay on her tourist visa expires and you stay onshore, the Bridging Visa will kick in and she will have full work rights.
 
  • Like
Reactions: Dinkum and Becky26
#9 ·
Thanks



Thanks CG! for clearing out the visitor visa to bridging visa process and the bridging visa's conditions ;)
 
  • Like
Reactions: Dinkum
#12 ·
Yes - evidence or a link, please. I'd think if something that major had changed Mark would have posted about it by now. He's always on top of new changes.

And by the way - that would be really, really awful, honestly. If they're going to "close that loophole," as you put it, they need to double the number of COs working on cases and spaces available so they aren't keeping husbands and wives and kids apart for 9-12 months!
 
#13 ·
And by the way - that would be really, really awful, honestly. If they're going to "close that loophole," as you put it, they need to double the number of COs working on cases and spaces available so they aren't keeping husbands and wives and kids apart for 9-12 months!
Honestly, I think it is great :). It would make for a fairer process for all. Those from high risk embassies do not have this option was is not fair. It should be a fair system for all. If my husband could havw gotten a tourist visa would we have applied onshore? Most likely!

In regards to the change I would not be surprised if it has something to do with fraud.
 
#14 ·
Mmm, excellent point Mish, and thanks for pointing it out. It's not fair that it's possible for those from low-risk countries and not those from high-risk countries.

So I'm back to my original solution: REDUCE THE INSANE FREAKING WAITING TIMES AND STOP KEEPING PEOPLE APART FOR SO LONG. :p

Of course, those external security checks that DIBP has no control over that make the wait so unconscionably long for some high-risk countries won't be affected by a lower processing time on DIBP's part... I'm not sure what the answer to that is, exactly.
 
  • Like
Reactions: Becky26
#15 ·
Or maybe instead of taking that option AWAY from one group they could give it BACK to everyone else... Maybe in the case of high-risk countries, people can apply for and get tourist visas if they provide a certain level of evidence of a de facto or married relationship with an Australian partner. And maybe just come straight out and say "It's okay to apply onshore for a partner visa when you've come over on another type... we know we're keeping families apart for far too long at this point."
 
#18 ·
Not much time to go right into it - and I am with Mish - I could not even get the whole family together here in Australia being from high risk.

In doing so, however, officers should be mindful that the intent of the waiver provisions is to allow persons whose circumstances are genuinely compelling to regularise their status. The provisions are not intended to give, or be perceived to give, an unfair advantage to persons who:
 fail to comply with their visa conditions or
 deliberately manipulate their circumstances to give rise to compelling reasons or
 can leave Australia and apply for a Partner visa outside Australia.
An example of where the circumstances may not be compelling to waive the Schedule 3 requirements may be where an applicant has remained unlawful for a number of years, made little or no effort to regularise their status and claims compelling circumstances on the basis of a long term relationship with their sponsoring partner and/or hardship caused by separation if they were to apply outside Australia for the visa.
With the intent of the waiver provisions in mind, it is generally reasonable to expect that compelling reasons to exercise the waiver provision exist where an applicant’s circumstances happened beyond their control. That is, circumstances beyond the applicant’s control had led them to become unlawful and/or prevented them from regularising their status through means other than the Partner visa application for which they seek the waiver.
For example, in the scenario given earlier, it is reasonable to accept that compelling circumstances exist to waive the Schedule 3 criteria if, for reasons beyond the applicant’s control - such as severe illness or incapacity - the applicant was prevented from regularising their status in the years they had been unlawful.

""""""As a general rule, the existence of a genuine spouse or de facto relationship between the applicant and sponsoring partner, and/or the hardship suffered from the separation if the applicant were to leave, and apply for the visa, outside Australia are not, in themselves, compelling reasons not to apply the Schedule 3 criteria. This is because a genuine relationship forms the basis of allPartner visa applications, and hardship caused by separation, whilst it differs in degree from one case to another, is common in the Partner visa caseload, particularly in the offshore context where partners may be separated for extended periods during visa processing.""""""

Policy intends that the waiver provision should not be applied where it is reasonable to expect the applicant to leave Australia and apply outside Australia for a Partner visa.This not only ensures fairness and equity to other applicants and discourages deliberate non-compliance, but also preserves the integrity of the Partner visa program in general and the waiver provisions in specific.
Matters that officers should take into consideration when assessingwhether the applicant’s circumstances may be considered compelling include but are not limited to:
 any history of non-compliance by the applicant
 the length of time the applicant has been unlawful
 the reasons why the applicant became unlawful
 the reasons why the applicant did not seek to regularise their status sooner
 what steps, if any, the applicant has taken to regularise their status(other than applying for a Partner visa).
 
#19 ·
While I have some copies of PAM3 old and new stuff, it is a document that must be purchased or supplied to some members of groups, and think has a certain copyrights for that reason, the above may be a extract of bits but as it is not mine I can not post it all - sorry I would love to I believe it should be included in the application form guidance material.
 
#20 ·
ampk, that is talking about where Schedule 3 criteria apply. That has nothing to do with going from a visitor visa to a partner visa onshore for the majority of applicants.
 
#22 ·
Schedule 3 has to do with people who are already in the country unlawfully, and says now those people will have to go offshore to apply. People who are LAWFULLY in the country on a visitor visa would not be affected by the passage you've posted above.
 
#24 ·
My little understanding is once a partner visa is applied onshore, it is possible the previous visas are not valid??? in this case the Visitor Visa.

Two things, as we can not get the visitor visas for such - I have not looked into it.
And in the """""" text""""""" it is clear of the intentions and long periods separated is normal and all expected to comply.

It is very clear wording from the department and with 15 months waits here, I would not try them and risk a 5 year wait!
 
#25 ·
I think you're confused. When you apply for a partner visa onshore while you already hold another visa, your previous visa (in this case a tourist visa) REMAINS valid until it expires on its own. The only time Schedule 3 would come into effect is if you let your tourist visa expire, stayed onshore illegally, and THEN tried to apply for a partner visa, which no one on this board would suggest.
 
  • Like
Reactions: Dinkum
#28 ·
Sort of mean - if lucky get a 6 month mutli entry Visitor Visa in AU stay 12 or so months, then refused until equal that time out of Australia to comply with the requirement of visa.

You must be onshore at time of issue! for onshore application. Will they issue the day after you depart - then deny entry till over 12 months is up to issue another visitor visa - worst case they can never issue another visitor visa as the original was a fake application in terms of intent ie use a loophole.
 
#29 ·
If you keep your CO informed of your travel plans, they will hold off granting the visa until you're off-shore or on-shore, depending on where you need to be for the visa.

It's not a loophole. If a visitor visa doesn't have condition 8503, you are legally able to apply for an on-shore visa.

To the OP, if I were in your shoes, I'd simply wait out the 309 application since they are generally processed more quickly. If she's able to get a 12-month visitor visa with 3-month stays, it's not too expensive to spend a couple of days in NZ to comply with the requirement to leave the country for a short trip. I think you risk greater problems if you try to get a tourist visa without the NFS condition and then apply on-shore.
 
#30 · (Edited)
thanks everyone for there inputs.
Just waiting now for the tourist visa which was granted to be sent to us in mail.
will post the details up soon as i have it in my hands.
i think waiting out the 309 might be the best option cause i dont want to push to many buttons and stir up to much trouble and cause delays.

Heres details of visa aswell from vevo
Visa class / subclass FA / 600
Visa applicant Primary
Visa grant date 30 July 2014
Visa expiry date 22 July 2015
Location Offshore
Visa status In Effect
Entries allowed Multiple entries to and from Australia during the validity of your visa
Must not arrive after 22 July 2015
Period of stay 03 months
Conditons
8101 - No work: The visa holder cannot work in Australia.
8201 - Maximum 3 Months Study
 
#31 ·
Hi everyone,
Just an update.
We got the tourist visa today in the mail.
We got multiple re-entry for 3 months valid til last date to arrive 22 july 2015.
So if ive got this correct means that my wife can come to aus for 3 months then just leave for a day or 2 then come straight back again for another 3 months?
Also does the last date to arrive mean thats when the 12 months ends? or if she was to say leave on the 18th july 2015 then come back on the 20th she then gets another 3 months? lol
we have our 309 visa in now and im hoping that it wont take longer then 12 months.

cheers everyone
 
#32 ·
You are correct - she can come and stay for 3-month visits, then leave for a couple of days and return. Her last arrival needs to be before 22 July 2015 (e.g. arriving on the 20th) and she can remain for 3 months again from that date.
 
Status
Not open for further replies.
You have insufficient privileges to reply here.
Top