Partner Visa Application. Onshore or Offshore Application?!

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree3Likes

Partner Visa Application. Onshore or Offshore Application?!


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 12-02-2014, 10:49 PM
Active Member
 
Join Date: Nov 2014
Posts: 31
Users Flag! From uk

8 likes received
4 likes given
Question Partner Visa Application. Onshore or Offshore Application?!

Hi,

Recently joined the forum as me and my partner are preparing our application for the partner visa or similar in March for Australia.
Some of the stuff I've read on here so far has been a great help!

A bit of background... I am a uk citizen and my partner is an Australian citizen. We have been in a relationship since October 2013 although had met in June and have officially been living together (both our names on rental contract) in London since March 2014 after she applied for a working holiday visa to be with me after my 1 year working holiday visa in Oz ended.

We have been collecting as much evidence over this last year or so including, joint bank accounts, bank statements with proof of billing payments, travel together, rental contract, wedding invitations including both our names, photos of holidays and family pictures etc etc.

We are currently looking at all different options before making an application and like most people on this forum, we do not want to spend 9 months (just going by what processing times have been mentioned for the London embassy) apart if we apply offshore. Can someone confirm if the current processing time for a partner(temp) visa is in fact 9 months if I apply in the UK? As I have read it should take 5 coming from a low risk country.
We are open to all options from 1. entering Australia with a study visa 2. temp partner visa (would consider getting married if it helps or just defacto although currently have been in our flat for about 9 months not 12 and we would rather not wait till we reach the 12 month minimum) 3.prospective marriage visa etc.

Obviously we are very confused with all the options and would love to receive some clarity on options that don't involve spending too much time apart.

Thanks!


  #2 (permalink)  
Old 12-03-2014, 07:22 AM
Senior Member
 
Join Date: Oct 2014
Posts: 161
Users Flag! From australia

43 likes received
9 likes given
Quote:
Originally Posted by Pevs View Post
Hi,

Recently joined the forum as me and my partner are preparing our application for the partner visa or similar in March for Australia.
Some of the stuff I've read on here so far has been a great help!

A bit of background... I am a uk citizen and my partner is an Australian citizen. We have been in a relationship since October 2013 although had met in June and have officially been living together (both our names on rental contract) in London since March 2014 after she applied for a working holiday visa to be with me after my 1 year working holiday visa in Oz ended.

We have been collecting as much evidence over this last year or so including, joint bank accounts, bank statements with proof of billing payments, travel together, rental contract, wedding invitations including both our names, photos of holidays and family pictures etc etc.

We are currently looking at all different options before making an application and like most people on this forum, we do not want to spend 9 months (just going by what processing times have been mentioned for the London embassy) apart if we apply offshore. Can someone confirm if the current processing time for a partner(temp) visa is in fact 9 months if I apply in the UK? As I have read it should take 5 coming from a low risk country.
We are open to all options from 1. entering Australia with a study visa 2. temp partner visa (would consider getting married if it helps or just defacto although currently have been in our flat for about 9 months not 12 and we would rather not wait till we reach the 12 month minimum) 3.prospective marriage visa etc.

Obviously we are very confused with all the options and would love to receive some clarity on options that don't involve spending too much time apart.

Thanks!
Current processing times at the London High Commission are 10-14 months. They told us not to get police and medical checks done until 6 months after our application date. So no chance of an earlier grant date it seems.

Do not apply on defacto grounds if you are even one day short of the 12 month mark. Reading on here people have been refused on these grounds.

Prospective marriage visa can only be applied off shore, but then you will need to wait the 10-14 months processing times.

You could go to Oz on a student visa but obviously the enrolment fees are quite high for foreign students and there is a limit to the number of hours you can work on this visa. After arriving on a student visa you could then make an onshore defacto visa application after you have got your 12 months total living together and/or you register your relationship (depending on which state you live in). However even after application for your onshore spouse visa the terms of your student visa would remain in place until this visa expired.

The other option you have is after living together for 12 months in the UK months (you only have a few months to go to reach this) you could go to Australia on a holiday (with holiday plans and a return ticket) decide you like it and make an onshore defacto visa application. You will then get a bridging visa with work rights until your onshore application is decided. Just make sure your evidence is airtight if going down this route and don't pack your paperwork in your suitcase

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #3 (permalink)  
Old 12-03-2014, 09:10 PM
Active Member
 
Join Date: Nov 2014
Posts: 31
Users Flag! From uk

8 likes received
4 likes given
How is the 12 month mark measured exactly? We lived at my parents for 7 weeks from March 11, 2014 whilst flat hunting and can prove this with addressed envelopes, statements from my parents and our flight itinerary from Oz to the Uk.

The date on the contract we signed once we found a flatshare is dated May 6, 2014 even though we moved in before on April 26 (on the hush) as the agents were so slow. We took over someone else's year tenancy agreement which began March 26, 2014, so our lease ends March 26, 2015. Hoping the combination of living at my parents initially and the time spent in the flat is sufficient. I hope that makes sense. Looking at the tenancy contract, it just states the date the contract was made being May 6, 2014. I assume that is not enough, what else could we use to verify our time there?

In terms of the 'holiday' route where i assume uses the 'tourist' visa, isn't this
ill-advised as I will have made a promise to return home. This would be the route we prefer but how solid is it? And if on the chance an onshore partner visa is granted, would I have to wait the full length of a tourist visa being three months to end before I could work? How soon is a bridging visa granted?

We are considering marriage. Does this help in any of those options?

Thanks so much in advance.


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 12-04-2014, 01:35 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Yep, your beginning de facto date is the date you started living together (and have evidence of that), it doesn't have to be a lease contract date. So for you sounds like it's March 11 if you have evidence from then. But you cannot apply for a de facto partner visa before you hit 12 months. If you lived in Australia, relationship registration would be an option, but since you don't, it's not.

You can waive that 12 month requirement by marrying. If you married and applied offshore now, and you have 9 months of solid evidence, that would definitely be enough to get a spouse visa approved. But you'd have to go to Aus on a tourist visa during the 10-14 month processing, so you're looking at 10-14 months of no work rights that way.

You COULD go the PMV route, but honestly I wouldn't. That's more for people who haven't lived together for as long as you have and are concerned they don't have adequate evidence for that reason. After you get the PMV granted, you enter Australia and you marry, you'll just have to apply for a spouse visa anyway. You'll get PR sooner if you just apply for the spouse/de facto visa straight off.

If you want to apply for de facto but absolutely can't stay in the UK for another three months, an eVisitor is an option. But make sure you guys are there planning to be TOURISTS... you need plans for what to do while you're there, not have all your worldly belongings or your paperwork for your partner visa with you, etc. You're unlikely to be hassled being from the UK, but since the purpose of the eVisitor is for tourists and it's not designed to just let people apply for an onshore partner visa, you want to legitimately be tourists who then LATER decide to apply for a partner visa (once you're already in Australia). That's allowed. If your eVisitor conditions are that it's valid for one year with three month stays (and I believe they typically are?) as long as you apply before the end of your three-month stay but AFTER your one-year de facto date (hopefully you can work that out) you'll be good to go - the BVA gets granted instantaneously for most people when you submit your application online, and kicks in at the end of your three-month stay on your tourist visa. So you'd have work rights after that.

starlight and Pevs like this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Last edited by CollegeGirl; 12-04-2014 at 01:37 AM.

  #5 (permalink)  
Old 01-14-2015, 05:55 PM
Active Member
 
Join Date: Jan 2015
Posts: 8
Users Flag! From uk

1 likes received
Quote:
Originally Posted by Pevs View Post
How is the 12 month mark measured exactly? We lived at my parents for 7 weeks from March 11, 2014 whilst flat hunting and can prove this with addressed envelopes, statements from my parents and our flight itinerary from Oz to the Uk.

The date on the contract we signed once we found a flatshare is dated May 6, 2014 even though we moved in before on April 26 (on the hush) as the agents were so slow. We took over someone else's year tenancy agreement which began March 26, 2014, so our lease ends March 26, 2015. Hoping the combination of living at my parents initially and the time spent in the flat is sufficient. I hope that makes sense. Looking at the tenancy contract, it just states the date the contract was made being May 6, 2014. I assume that is not enough, what else could we use to verify our time there?

In terms of the 'holiday' route where i assume uses the 'tourist' visa, isn't this
ill-advised as I will have made a promise to return home. This would be the route we prefer but how solid is it? And if on the chance an onshore partner visa is granted, would I have to wait the full length of a tourist visa being three months to end before I could work? How soon is a bridging visa granted?

We are considering marriage. Does this help in any of those options?

Thanks so much in advance.
Hi Pevs,

I just wondered what route you went down in the end? I am in the exact same situation as you were and cannot decide what I should do, it all seems so complicated and hard to know which route is the correct one!!

Would be grateful for any advice or anything you have learned along the way!!

Thanks


  #6 (permalink)  
Old 01-14-2015, 06:01 PM
Engaus's Avatar
Senior Member
 
Join Date: Nov 2013
Posts: 1,078
Users Flag! From australia

500 likes received
117 likes given
You might be better starting your own thread describing your situation - you might find you will get more responses and more informed responses tailored to your situation

__________________
Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

  #7 (permalink)  
Old 01-31-2015, 05:29 AM
Active Member
 
Join Date: Jan 2015
Posts: 8
Users Flag! From australia

1 likes received
4 likes given
Hi Every1,

Please help with my query.

I am PR at Australia and my spouse, she came to Australia 1.5 yrs back to do a 2yr study on student visa. We met here for the first time and got married in Aus 2 months back. She already completed her 3 semesters out of 4 and she doesn’t wants to do the last sem. Since we r married now and I can apply for spouse visa for her anytime; now the problem is I called Immigration and they told she will get her bridging visa only after her student visa gets expired, even though if I apply for partner visa now.
So my question is, is it mandatory for her to do the last sem ? If she decides not to do it then what will happen ? will there be any problem with it ?By doing so is she violating the student visa ?

Some1 told me the moment she will inform college about it, her student visa and bridging visa A of partner visa both will get cancelled and she need to apply BVE..
I dont want to do all these things ? so do i have another option..

Please advise.


  #8 (permalink)  
Old 01-31-2015, 08:06 AM
Senior Member
 
Join Date: Oct 2014
Posts: 161
Users Flag! From australia

43 likes received
9 likes given
Quote:
Originally Posted by mini123 View Post
Hi Every1,

Please help with my query.

I am PR at Australia and my spouse, she came to Australia 1.5 yrs back to do a 2yr study on student visa. We met here for the first time and got married in Aus 2 months back. She already completed her 3 semesters out of 4 and she doesn’t wants to do the last sem. Since we r married now and I can apply for spouse visa for her anytime; now the problem is I called Immigration and they told she will get her bridging visa only after her student visa gets expired, even though if I apply for partner visa now.
So my question is, is it mandatory for her to do the last sem ? If she decides not to do it then what will happen ? will there be any problem with it ?By doing so is she violating the student visa ?

Some1 told me the moment she will inform college about it, her student visa and bridging visa A of partner visa both will get cancelled and she need to apply BVE..
I dont want to do all these things ? so do i have another option..

Please advise.
If you apply for partner visa onshore she will have to stick to the conditions of her student visa until it expires. If she cancels her enrolment she will then be in breach of her visa conditions and this will lead to problems with the onshore partners visa problems.

Options seem to be.
1. She continues her studies and you make the partner visa application. At the end of her student visa she will get a bridging visa with full work rights.
2. Cancels studies, leaves Australia and makes an offshore partner visa application, although this will lead to long periods of separation. Unless she can get a tourist visa.

Honestly it seems crazy to me to get 3/4 of the way through a course and drop out. It will make your life so much easier if she sticks to her studies for just a little longer. It will also give you more time to build up evidence of your relationship before applying for the partner visa.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #9 (permalink)  
Old 01-31-2015, 11:26 AM
Active Member
 
Join Date: Jan 2015
Posts: 8
Users Flag! From australia

1 likes received
4 likes given
Quote:
Originally Posted by Homesickaussie View Post
If you apply for partner visa onshore she will have to stick to the conditions of her student visa until it expires. If she cancels her enrolment she will then be in breach of her visa conditions and this will lead to problems with the onshore partners visa problems.

Options seem to be.
1. She continues her studies and you make the partner visa application. At the end of her student visa she will get a bridging visa with full work rights.
2. Cancels studies, leaves Australia and makes an offshore partner visa application, although this will lead to long periods of separation. Unless she can get a tourist visa.

Honestly it seems crazy to me to get 3/4 of the way through a course and drop out. It will make your life so much easier if she sticks to her studies for just a little longer. It will also give you more time to build up evidence of your relationship before applying for the partner visa.
Hi,
I am fully convinced with your reply and I do agree only these are the 2 options available. Yeah, just not feeling like spending more 14k on last sem coz in 3 sem she is actually eligible to get masters degree because she got 4 units exempted in 1st sem. Now there are no more units to do.
I will think about what u said and will consider all options.

Thanks ��


  #10 (permalink)  
Old 01-31-2015, 11:33 AM
Engaus's Avatar
Senior Member
 
Join Date: Nov 2013
Posts: 1,078
Users Flag! From australia

500 likes received
117 likes given
You could cancel the student visa as was suggested- which will cancel her BVA. She will then go onto a BVE, you can apply for full work rights (getting more difficult to do, you have to prove financial hardship) but she will not be able to leave the country until her partner visa comes through + any time prior to the BVE will not count towards citizenship.

mini123 likes this.

__________________
Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

Closed Thread

Tags
austrailan immigration, defacto, partner 309, partner 820, pmv, prospective marriage visa (300), student to de facto visa, student visa

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Advice pls: onshore or offshore defacto application Croger1 Visas and immigration 5 02-24-2014 08:52 AM
Onshore partner visa application Lena Visas and immigration 3 11-14-2013 08:53 PM
Onshore application of partner visa aaron29 Visas and immigration 10 12-21-2012 06:16 AM
Subclass 190 onshore application - include offshore partner possible? Franconian Visas and immigration 0 09-28-2012 11:07 AM
Advise on Spouse visa onshore/offshore application kjr Visas and immigration 16 02-24-2011 11:25 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 02:43 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com