Do I have an option for bridging visa for my husband?

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Do I have an option for bridging visa for my husband?


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Old 12-17-2014, 07:44 PM
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Do I have an option for bridging visa for my husband?

Hi all,
I will try and keep this as short as possible!
I am currently living in the US with my US citizen husband. We have an 8 month old son together who I have US/ Australian dual citizenship for. I have been really homesick and planned to go back home next year with our son to spend time with family and to basically make a decision if I wanted to move back to Australia, then my husband was going to fly to Australia a few months after I had left to see if he likes it. I've now found out that I'm pregnant again, I still plan to go home and I'll actually give birth to this baby in Australia. My husband will still come to Australia, but now it will be a few weeks before my due date. He is going to take some of his maternity leave (about 2.5 months) to spend time with us and again see how he likes Australia. Now that we will have two young children involved in this I was wondering if there is a way we could apply for a bridging visa for my husband while he was still in Australia (if we decided we wanted to stay and not return to the US together) so that he wouldn't need to return the US and our family won't be separated for such a long period of time. Originally if we decided we wanted to move to Australia we planned that my husband would need to return to the US after we applied for his partner visa and wait it out there while we wait in Australia until he can join us - but with young children that really isn't an ideal situation. Can anyone shed some light on this? & if a bridging option is possible, would he be able to work?

Any info is appreciated. Thanks!


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Old 12-17-2014, 07:59 PM
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It wouldn't be a bridging visa you would apply directly for, it would be an onshore partner visa (subclass 820) that your husband would apply for. You guys have been together for a long time, so you should have plenty of relationship evidence, but i don't know if it matters whether that evidence was accrued in the US rather than in Australia. I don't think so but maybe one of the migration agents on this forum, or one of the more senior members, would know the answer.
In the meantime, you can get a feel for the evidence requirements via this forum or from the immigration website.
Your husband would have work rights after the application for the 820 is made. He would be granted a bridging visa A upon application for the 820, and that would be in effect until the 820 is granted (it would replace his tourist visa). If he wanted to leave Australia before the 820 is granted, he would apply for a bridging visa B.


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Old 12-17-2014, 08:09 PM
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Just to clarify: the bridging visa (and any associated work rights) does not come into effect until the tourist visa expires.It does not replace the tourist visa when the application has been lodged.

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Old 12-17-2014, 08:14 PM
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Thank you for the info. When he comes over next year on maternity leave we were just planning on getting the 90 day tourist visa (sorry, i'm not sure the proper name for it) and i was of the understanding that you weren't allowed to apply for the onshore partner visa if you are in Australia on a tourist visa? I actually also didnt realise that you could stay in Australia if you applied for the partner visa on shore.


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Old 12-17-2014, 09:08 PM
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Quote:
Originally Posted by IndyMama View Post
It wouldn't be a bridging visa you would apply directly for, it would be an onshore partner visa (subclass 820) that your husband would apply for. You guys have been together for a long time, so you should have plenty of relationship evidence, but i don't know if it matters whether that evidence was accrued in the US rather than in Australia. I don't think so but maybe one of the migration agents on this forum, or one of the more senior members, would know the answer.
In the meantime, you can get a feel for the evidence requirements via this forum or from the immigration website.
Your husband would have work rights after the application for the 820 is made. He would be granted a bridging visa A upon application for the 820, and that would be in effect until the 820 is granted (it would replace his tourist visa). If he wanted to leave Australia before the 820 is granted, he would apply for a bridging visa B.

Thank you for the info. When he comes over next year on maternity leave we were just planning on getting the 90 day tourist visa (sorry, i'm not sure the proper name for it) and i was of the understanding that you weren't allowed to apply for the onshore partner visa if you are in Australia on a tourist visa? I actually also didnt realise that you could stay in Australia if you applied for the partner visa on shore.


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Old 12-17-2014, 09:11 PM
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Quote:
Originally Posted by CCMS View Post
Just to clarify: the bridging visa (and any associated work rights) does not come into effect until the tourist visa expires.It does not replace the tourist visa when the application has been lodged.
Thanks for the clarification!


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Old 12-17-2014, 09:19 PM
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Originally Posted by IndyMama View Post
Thanks for the clarification!
So if we decide to stay in Australia my husband will be able to apply for the visa onshore even though he has a tourist visa while he's visiting? i thought that you weren't allowed to apply for a onshore partner visa if you are in Australia on a tourist visa?


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Old 12-17-2014, 09:32 PM
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You can apply for an onshore partner visa while in Oz on a tourist visa.

Edit-- and, the 90 day tourist visa you're referring to is the ETA, since your husband is american. If you want a tourist visa longer than 90 days you need a subclass 600. ETA is cheap ($20 AUD) and granted instantly (in my case).


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Old 12-17-2014, 09:46 PM
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Quote:
Originally Posted by IndyMama View Post
You can apply for an onshore partner visa while in Oz on a tourist visa.

Edit-- and, the 90 day tourist visa you're referring to is the ETA, since your husband is american. If you want a tourist visa longer than 90 days you need a subclass 600. ETA is cheap ($20 AUD) and granted instantly (in my case).
Thanks for clarifying for me. I had no idea my husband could apply for a partner visa onshore while visiting on a tourist visa and actually stay in Australia. I have been stressing about our family needing to be separated (he stay in the US and us in Australia) while his partner visa is processed thinking we had to apply for his visa offshore. i thought you could only apply onshore if you were in Australia on a work visa or student visa or something like that. Thanks again!


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Old 12-17-2014, 09:53 PM
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You're welcome! I definitely encourage you to get a solid answer about whether it's ok for most of your evidence to be US based. Also please check the 'usually resident' requirement for sponsors. I'm not sure if that one applies to oz citizens or just PR holders. I'm not a migration agent, just another partner visa seeker.


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