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VISA advice


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Old 10-09-2014, 07:31 PM
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VISA advice

Hi All

I am living with my partner in London (she is Australian) we have lived together for 18 months. We are planning on moving to Australia next October and so I intended to apply for a subclass 309 visa as we are in a de facto relationship.

I have now just found out the the London AHC are advising a 10 - 14 month time frame for processing applications which could mean by visa may not be granted by next October.

I understand from reading these forums that I could still go to Australia in October on a tourist visa as long as I leave Australia so that I am outside (for example in NZ) when the visa is granted.

Since I found out all this someone else has advised me to wait until next October then go to Australia on a tourist visa and to then apply for a subclass 320 visa when I arrive which would then enable me to work once my tourist visa expires and my bridging visa become applicable.

I am a little wary of both of these options and wondered if anyone else has had any experience of going through either of these two processes?

Thanks in advance for your help

JT


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Old 10-09-2014, 09:12 PM
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Many people have done the second approach (tourist visa and then apply onshore), however it's not the proper use of a tourist visa. As well, when you arrive with all your belongings, it's possible you'd be questioned as to your genuine tourist reasons for being here. It's also possible things may change in the next 12 months to make it more difficult to take this approach.

Given it's a year away, and the visa may very well be approved when you plan to travel, I'd apply now and get things underway. If the visa isn't approved when you travel, you can come on a tourist visa and get settled in while beginning a job search and no doubt you'd be able to work by the time you find something.

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Old 10-09-2014, 09:16 PM
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Thanks for the advice!

I think you're right not sure I'd want to take the risk of the other approach....

Better get my act in gear then!

JT

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Old 10-10-2014, 08:05 AM
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also the earlier you apply the earlier you'll be granted permanent residency - which means you can have a job more easily, have a credit card,...

You have a whole year, so I'd recommend you apply ASAP and then if not granted by October you get a tourist visa. It also costs $1500 to apply offshore, so even if it has a cost to leave the country when your visa is granted it will be less than that! (or you can take nice holiday in NZ at the same time ;-) )

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Old 10-11-2014, 02:44 AM
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Quote:
Originally Posted by Helene View Post
also the earlier you apply the earlier you'll be granted permanent residency - which means you can have a job more easily, have a credit card,...

You have a whole year, so I'd recommend you apply ASAP and then if not granted by October you get a tourist visa. It also costs $1500 to apply offshore, so even if it has a cost to leave the country when your visa is granted it will be less than that! (or you can take nice holiday in NZ at the same time ;-) )
Offshore partner visas are $3085. Am I misunderstanding what you're saying here?

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Old 10-14-2014, 09:03 AM
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And it's $4500 onshore - so you save $1500 if you apply offshore
(not sure if what I'm saying is clear )

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Old 10-23-2014, 06:18 AM
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Quote:
Originally Posted by JTSpurs View Post
Hi All

I am living with my partner in London (she is Australian) we have lived together for 18 months. We are planning on moving to Australia next October and so I intended to apply for a subclass 309 visa as we are in a de facto relationship.

I have now just found out the the London AHC are advising a 10 - 14 month time frame for processing applications which could mean by visa may not be granted by next October.

I understand from reading these forums that I could still go to Australia in October on a tourist visa as long as I leave Australia so that I am outside (for example in NZ) when the visa is granted.

Since I found out all this someone else has advised me to wait until next October then go to Australia on a tourist visa and to then apply for a subclass 320 visa when I arrive which would then enable me to work once my tourist visa expires and my bridging visa become applicable.

I am a little wary of both of these options and wondered if anyone else has had any experience of going through either of these two processes?

Thanks in advance for your help

JT

I can only say what I have done and it is up to you to weigh what is needed for you to do. April 5th 2013, I applied for 309 visa (offshore), permanent visa and tourist visa at the same time.

I was granted 3 months of stay under Tourist Visa while my 309 visa is on-process. The tourist visa grant only took a week for them to approved and I immediately travel to Australia on the same month (April). My tourist visa was 3 months valid, and me and my husband thought that if, my 309 visa will not going to be granted during my 3 month stay in Australia, then I will be extending my tourist visa.

However, in June 6th, I've received an email from the immigration as of following:

"
Quote:
Thank you for your application for a Partner (Provisional) visa made on 05
April 2013.

Circumstances applicable to grant a visa under Migration Regulation 309.411
states that an applicant must be outside Australia at time of grant. We
note that you are currently in Australia on a visitor visa.

For your application to be finalised, please inform us of your expected
departure date from Australia within 14 days of this letter.

Please note that failure to depart Australia within the validity of your
health and character clearances may result in your repeating these
requirements.
"

I replied them along with the itinerary schedule of my departure from Australia. I went back to my home country, on July 27th as we have few things to fix before I leave Australia. I took a picture of the page of my passport showing my arrival to my home country to my case officer, then on the next first week Monday of August, I have received my 309 visa. Then I went back in Australia in the same week of first week of August 2013.

Honestly, even if you applied off or on-shore you will still have to exit the country. But if you intend to exit the country somewhere closer to Australia then you should apply on-shore therefor you can go back in the earliest and probably less cost for your air-ticket to go to NZ.

I think the idea of applying on-shore is that, you can do your medical exams and other requirements while in Australia.


Now, I can't advise you of what is needed to do but you can weigh things from my experience and see the best options for you and your partner. I could only say what I have done and the timeframe of my application. Again, if you do not have any problem with requirements of the visa, your visa will be granted soon. Keep updating the case officer that is going to be assigned to you through email and they will for sure reply to you along with the answer of your questions.


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Old 10-23-2014, 06:43 AM
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Quote:
Originally Posted by MusicChick View Post
Honestly, even if you applied off or on-shore you will still have to exit the country. But if you intend to exit the country somewhere closer to Australia then you should apply on-shore therefor you can go back in the earliest and probably less cost for your air-ticket to go to NZ.

I think the idea of applying on-shore is that, you can do your medical exams and other requirements while in Australia.

it is incorrect. Onshore applicant (820) does not need to leave Aus in order for the visa to be granted.

the other benefits of applying onshore are: you can be with your partner all the time, you will have full working rights under BV A and etc. Not everyone can get a tourist visa (and extend it) easily.

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Old 11-03-2014, 10:45 PM
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Thanks for all your advice everyone.

I've gone for applying offshore and hope for the best! Fingers crossed from today!!!

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Old 11-03-2014, 11:17 PM
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Fingers crossed...

Good luck... wishing you all the best with your application...

Quote:
Originally Posted by JTSpurs View Post
Thanks for all your advice everyone.

I've gone for applying offshore and hope for the best! Fingers crossed from today!!!

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