# Onshore/Offshore Partner visas and Visiting visas.



## Wanderer (Jun 16, 2007)

The following is self explanatory and for information only.
It is possible to apply for more than one visa at a time though only one can be held and outcome of tweaking the system will like visa grants always be unknown until something happens, perhaps some luck involved as to who is looking at what.



> *Onshore/Offshore Partner visas and Visiting visas. *
> Aside from the issue of eligibility,many people are posting re wanting to travel to Australia whilst a partner visa is being processed or to alternately travel to Australia and apply onshore.
> 
> I've prepared this simple outline of the facts to save repetitive responses time, there being some key issues of risk involved.
> ...


So being informed, you can make your choice.


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## aussiegirl (Dec 15, 2009)

I think this needs to be added here to highlight the risks of getting a tourist visa to travel to Australia while an offshore partner visa is being processed.

Today, 01:27 PM 
czerney 
Junior Member Join Date: Jun 2011
Posts: 3 


My Fiance and I have just spent the better of 3 months and MANY hours going through process of preparing our PMV application. I'm an Australian citizen and she is from Japan. I really understand what you're going through as a long distance relationship is hard. (We use video skype everyday and very thankfull for it)

Regarding having your fiance or partner come live hear on a tourist visa while you are waiting... I would suggest, based on advise from our migration agent, that you be very careful here that if you're in the country and you get granted the PMV, that you don't depart on the tourist visa as this will blank out your PMV. Something about the way visa's are applied to the passport.

Exactly how it works I'm not sure, but the implications are pretty dire including invalidating the visa and if you're anything like us you are looking at around a year from the time we met to being able to be together. You don't want to risk delays or possible cancellation!!! If you're going to do this I'd HIGHLY recommend advise from a migration agent. The one we used just submitted our application yesterday and was EXTREMELY thorough and picked up on so many technicalities I didn't consider.


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## kttykat (Oct 30, 2012)

I have reopened this thread as I feel it deserves more discussion.

I am in Australia on an ETA myself. I am hoping that my case officer, who is yet to contact me even once will in fact inform me when I have to leave so that my 309 can be granted. 

Reading this thread, would as it did I at first, scare most people off travelling to Australia without their final visa decision and I am not suggesting it is without risk. I for one would be interested to hear from others that have indeed chosen the risky path I have of being with their partners despite the risks and been successful, or god forbid run into trouble doing so. I was going to stay in the USA originally and wait for a decision but I wanted to be in Australia with my husband and I had cats that couldn't wait for a decision to travel so I just up and went on an ETA. I have my fingers crossed it will work out. It seems unfair that there is no kind of bridging visa for offshore applicants to me, at least after medicals and police checks have been done. If somebody applies onshore they could be the worst of the worst but they can get a bridging visa and work etc. If you apply offshore you could be an angel but are not really welcome in the country for months to years and if you do come early then you can't work etc. Immigration expects couples to be together to prove they want to stay together and then make rules that keep them apart unless they find a way around them. That just doesn't make sense to me. If and when they decide I can stay I will have to leave so that I can stay.... does that make sense hmmm I don't see how but I will do it because I do love my husband and I will do what ever it takes to be with him...

Kttykat


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## bradsterusa (Oct 24, 2012)

ACS has this to say on the matter

"In response to your email, if you decide to submit a Partner Migration visa application and want to visit Australia for a short trip while your application is being processed, you will need to advise us of the travel dates so your application can be updated.

It is not intended that a Partner Visa applicant waits out the processing of the Partner Migration Visa in Australia on a Tourist Visa or Electronic Travel Authority (ETA). If you enter Australia on a one way ticket you may be asked by Australian immigration authorities, on arrival at the airport, as to what your plans for departing Australia are. If entering Australia on an ETA or Tourist visa the immigration officer will need to be satisfied that you are a genuine visitor."

So Seems to be a double edge sword, and you take all the risk apon arriving in AUS--Bradster


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## kttykat (Oct 30, 2012)

bradsterusa said:


> ACS has this to say on the matter
> 
> "In response to your email, if you decide to submit a Partner Migration visa application and want to visit Australia for a short trip while your application is being processed, you will need to advise us of the travel dates so your application can be updated.
> 
> ...


Yeah, they didn't even raise an eyebrow when I arrived on an ETA with a 90 day stay on the entry card on a one way ticket. I was ready to give the border guy hell in the American style, I am an a American married to an Australian etc etc etc but he waived me through  I don't know how well I will go if I pop to NZ and back again for another three months and I am hoping that they will grant the 309 before then.

Kttykat


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## Adventuress (Jan 8, 2012)

And here is DIAC's official and public response to this question:



> *I lodged my family stream visa application outside Australia. Can I have a visitor visa while I am waiting for my permanent visa so that I can be with my family in Australia during the processing?*
> 
> Visitor visas should not be used for long-term stays, for residence in Australia or for the purpose of remaining in Australia for extended periods to await a migration outcome.
> 
> ...


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## Adventuress (Jan 8, 2012)

I am also in complete agreement with you, Kttykat, regarding the lack of any kind of bridging visa and also the ridiculous bureacratic requirement to leave the country to be allowed back into the country.

Yes, I think it's a bit of a paradox that they require couples to be together and not apart in order to be eligible, and then put in place so many rules that make compliance so very difficult.


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## kttykat (Oct 30, 2012)

Adventuress said:


> And here is DIAC's official and public response to this question:


Yes, I have read that too. I wasn't going to go to Australia on an ETA in the original plan. When I explained to the Americas help line about the situation with my cats, that if I waited too long that their vaccinations would run out, they were the ones who suggested that I travel to Australia on an ETA and advise my CO that, that was what I was going to do. I took their advice and did just that.

Kttykat


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## Adventuress (Jan 8, 2012)

Yes, but a good idea to post it for everyone else who hasn't come across it before 

The most enraging thing is how inconsistently the rules are applied from post to post - some, like you are given a green light to do this while others have their application refused outright because "a tourist visa is not to be used to wait out the processing of a partner visa". However, the PAM3 regulations do indicate to the processing officers that this in not out of the question ipso facto - in fact, they do encourage them to take a fair approach to couples in this situation.


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## kttykat (Oct 30, 2012)

Adventuress said:


> Yes, but a good idea to post it for everyone else who hasn't come across it before
> 
> The most enraging thing is how inconsistently the rules are applied from post to post - some, like you are given a green light to do this while others have their application refused outright because "a tourist visa is not to be used to wait out the processing of a partner visa". However, the PAM3 regulations do indicate to the processing officers that this in not out of the question ipso facto - in fact, they do encourage them to take a fair approach to couples in this situation.


I think this is one of the aspects that makes us all wonder. The process is far from a standard procedure, it leaves us all in the dark as to just how they will apply the law in our particular case, it is so much a guessing game.

Kttykat


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## Adventuress (Jan 8, 2012)

Definitely, and as we've all agreed before, there is a need for more transparency, consistency, and accountability from this department.


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## Sailboatman (Dec 27, 2011)

Adventuress said:


> Definitely, and as we've all agreed before, there is a need for more transparency, consistency, and accountability from this department.


Interestingly I rang immi yesterday they told me that they expect that partners would want to travel too each others country for a visit as immi knows that processing an application can take along time. Immi indicated to me that a tourist visa application while waiting approval for a partner visa was expected.

Immi also advised that the applicate who has history of abiding by previous visa conditions would get a favorable look.

In my discussions I indicated that we were about to apply for PMV, however after some discussion about the extent of our relationship it was suggested strongly that I review our decision and consider a straight partner Vidal application due to length of time we have been together.

This suggestion came about when I mentioned 98 pages of phone bills we would lodge with the PMV application as part of our proof of contact while living apart

I do hope the advice I was given proves correct as we changed the application to partner visa and will lodge it next week.

We will then lodge a TV app a week or so later, we have not seen each other since mid November 2012
Good luck to all
Cheers


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## Adventuress (Jan 8, 2012)

Further on this topic is a thread I started back in July 2012, which details the official procedures that case officers must follow when they assess tourist visa applications. See the second post for details about applicants for tourist visas who have Australian partners.


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## subl (Feb 18, 2013)

*Onshore application*

So, what if we apply onshore after doing some travelling first? By that I mean NOT having any offshore 309 in the pipework, instead my partner comes on an ETA, we travel for a bit and then lodge an 820 (onshore partner visa application)? Comments, advice, anyone who's done it this way?

Cheers!


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## andie87 (Mar 14, 2013)

I am confused about all this :-/ I am an Aussie, my partner English. We are applying for an offshore defacto visa (309). My youth mobility visa runs out at the end of August, I am planning on returning to Oz in September (need to research into leaving England for a week and then possibly coming back for 2 weeks before heading home... but I am not worrying about that right now). By returning home in Sept, we should(?) only be apart for 2 months instead of 3 if I was to go home in August and of course if the visa only takes 6 months to be approved.

Should we apply for a tourist visa for Neil to come visit sometime in those 2 months we are waiting for the visa to come through? He has never been to Australia before and we havent had the money for us to fly home for him to meet the my family as we have been travelling instead (Europe and America). And then what happens if his visa is approved while he is visiting in Australia???

So confused!


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## CollegeGirl (Nov 10, 2012)

andie87 said:


> I am confused about all this :-/ I am an Aussie, my partner English. We are applying for an offshore defacto visa (309). My youth mobility visa runs out at the end of August, I am planning on returning to Oz in September (need to research into leaving England for a week and then possibly coming back for 2 weeks before heading home... but I am not worrying about that right now). By returning home in Sept, we should(?) only be apart for 2 months instead of 3 if I was to go home in August and of course if the visa only takes 6 months to be approved.
> 
> Should we apply for a tourist visa for Neil to come visit sometime in those 2 months we are waiting for the visa to come through? He has never been to Australia before and we havent had the money for us to fly home for him to meet the my family as we have been travelling instead (Europe and America). And then what happens if his visa is approved while he is visiting in Australia???
> 
> So confused!


It _used _to take 5-6 months to be approved. With offshore defacto visas, last I checked, the actual wait time from what I've been seeing on the forums here is 8-9 months or more for low-risk countries like your fiance's. That's for the lucky folks, though. They can take longer for a variety of reasons.

You CAN apply for a tourist visa while you're waiting for his offshore defacto to be approved. As someone from a low-risk country, your shot at getting one is better, but you still will have to carefully demonstrate that he has an incentive to return to England (a job, etc. to go back to). But before you apply for it, it's important you let your case officer know your plans - that you'll be applying for a tourist visa for him to visit you, and you need to ask if they can notify you before they approve his defacto visa so he can be offshore again. This part is REALLY important, because if they approve it while he's onshore it voids the visa.

When you're applying for the tourist visa, some people say that can actually help bolster your case -- saying "My partner HAS to go offshore again so his offshore partner visa can be approved." That has worked for some people, but not all, of course.

Edited to add: Though he has to go offshore, it doesn't HAVE to be to England. He can make a quick trip to Bali or to New Zealand, both of which are close and have relatively inexpensive airfare depending on where you are in Oz.


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## kmarees1986 (Apr 23, 2012)

Adventuress said:


> And here is DIAC's official and public response to this question:


I have just been researching this - have you looked at the finer points? It can't apply to most cases.

For example, I'm Australian - the husband is British. We have been living in London together (where we met) for the past 3.5 years. The conditions of the Family Sponsor Visa state that the Sponsor must be a relative of the applicant with no provisions for in-laws making me and my family ineligible to sponsor my husband.

If he had some family in Aus it would be different, but he does not.

Not to mention the probability of being asked to put up a large security bond ($5000 - $15000). I have a feeling this visa is not aimed at couples who are in this situation sadly.


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## kmarees1986 (Apr 23, 2012)

So my husband and I - after months of painful planning (am I right guys?) and 2 years of researching and preparing for the "right time to apply" - are finally submitting our application on Tuesday. I am leaving to go back to Australia ahead of my visa expiring in the UK on the 17th April - plus we have a baby on the way due in July. 

We have an agent who I am currently working with to see what we can do in the interim. He seems very hesitant to advise me to get my husband over on a tourist visa while we await the outcome - mainly due to the fact that my husband has some criminal convictions which will inevitably invite an intention of refusal notice.

Anybody had success in getting over on a tourist visa after applying for the partner visa offshore - with a substantial criminal record?


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## Adventuress (Jan 8, 2012)

Yes, but you're looking at the Sponsored Family Visitor visa, which isn't the same as a general Tourist Visa. These classes of visas have actually all just changed, and are streamlined under one code (600).

One option your husband has with his UK passport is the E-visitor visa, which I understand can be approved mere minutes after application online. There are other members who have taken this route and are currently in Australia.

However, considering your complicated circumstances which we looked at in a previous thread, he may not be eligible for the E-visitor, but it seems he may still be able to apply for a regular tourist stream visa. And for sponsored visas the security bond is discretionary, and being from the UK it may not necessarily apply to your husband. The sponsorship thing is a bit tricky, but it may be an idea to try anyway with you as his sponsor, giving an indication that you will have other support such as accommodation from your family there, etc. etc. So there are a couple of options to pursue.

In the end, you can only try. They may process you favourably in the end.


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## kmarees1986 (Apr 23, 2012)

I do understand the difference between the two - I am awaiting advice from my migation agent but its looking like I can't be a sponser becuase I haven't been in Australia for the past 2 years - unless I am interpreting that incorrectly? So therefore indeed a tourist visa may be the only option.

I'm looking at all and any temporary options for us. This thread is giving me invaluable information and some things my agent insn;t suggesting - possibly due to the associated risks. 

I guess the point is that my husband may be refused a tourist visa based on the convictions having a negative impact on his partner visa - on the flip side, I would like to think than nobody in their right mind would decline him the right to be at his daughters birth. It could go either way really.

Am I right in saying if wer can get the tourist visa and get him into Australia on the basis that he is not intending to work (and they have no reason to believe he is) that he can stay for 3 months - then potentially leave nad get another 3 months?


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## Adventuress (Jan 8, 2012)

I think the two years requirement for sponsorship is open to a little bit of interpretation. I mean, the exact sentence is "have been settled in Australia for a reasonable period (usually more than 2 years)" but that could mean 'at any time in the past' - so really it may be intended to bar citizens and permanent residents who've never developed a home in Australia - i.e. those who have never lived in Australia in the past, despite their 'Australian' status.

Note that it doesn't say at all that as a sponsor you must be in Australia - and they're usually strict on these things and do spell them out. In my opinion, although I could be wrong, I think you have a chance.


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## kmarees1986 (Apr 23, 2012)

Adventuress said:


> I think the two years requirement for sponsorship is open to a little bit of interpretation. I mean, the exact sentence is "have been settled in Australia for a reasonable period (usually more than 2 years)" but that could mean 'at any time in the past' - so really it may be intended to bar citizens and permanent residents who've never developed a home in Australia - i.e. those who have never lived in Australia in the past, despite their 'Australian' status.
> 
> Note that it doesn't say at all that as a sponsor you must be in Australia - and they're usually strict on these things and do spell them out. In my opinion, although I could be wrong, I think you have a chance.


I suppose it could be interpreted this way. No harm in trying anyway! You';re right they do seem to stipulate the definates with more clarity when they need to be strict on something so I will see if my migration agent thinks its worth a go.


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## Adventuress (Jan 8, 2012)

But even if he doesn't recommend it, there's really no harm in trying. I mean yes, it will cost a little bit, but compared to the partner visa it's a nominal processing fee. And if they ask you for a bond, then you can cross that bridge when you come to it. Of course you're not obligated to pay it if you choose not proceed with the application.

You've got to be in it to win it!


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## kmarees1986 (Apr 23, 2012)

Adventuress said:


> But even if he doesn't recommend it, there's really no harm in trying. I mean yes, it will cost a little bit, but compared to the partner visa it's a nominal processing fee. And if they ask you for a bond, then you can cross that bridge when you come to it. Of course you're not obligated to pay it if you choose not proceed with the application.
> 
> You've got to be in it to win it!


Very true. I am willing to go for anything that will work for us.


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## kmarees1986 (Apr 23, 2012)

Adventuress said:


> But even if he doesn't recommend it, there's really no harm in trying. I mean yes, it will cost a little bit, but compared to the partner visa it's a nominal processing fee. And if they ask you for a bond, then you can cross that bridge when you come to it. Of course you're not obligated to pay it if you choose not proceed with the application.
> 
> You've got to be in it to win it!


Just to let you know my migration agent thinks the Sponsored Family Visa is the best option for us. We're having a more formal discussion about it next week to compare notes and then looks like we might go for it - with the hopes of having my husband with my late June at the latest. I will keep you posted as I can't seem to find any threads/posts about people going for this visa and I understand the visitor visa's very recently changed.


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## Adventuress (Jan 8, 2012)

Thanks for the update, that's really great that your agent agrees it's a good way to go. Yes, read through all the links because these visa classes have changed, only a few days ago, and here's hoping your husband will be with you in time for the birth! How exciting!


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## kangaroogirl (Aug 25, 2012)

OK I think I really need some advice from the folks in this thread.

My story is this:

I met my partner online back in February 2012. We fell "in-love" over skype and phone etc, and I've recently returned to Australia after 5 weeks staying with him in the US, meeting his family etc.

We want to be together, and although I'd love to go and live there, right now my job means I need to stay here.

I am literally heartbroken being without him. I am sure you all know the feeling. I am just crying non-stop and feel so lost.

Trying to figure out how we can work it so we don't have to be apart. We want to get married, and apply for a partner visa for him - we want to do it on-shore so he can get a bridging visa and stay here with me.

He is going to come here in a few months, on a tourist visa of some sort. He is eligable for an ETA as he is a US citizen.

If he got the ETA, came down here, and then we decided to marry here while he was visiting, would he be OK to apply for the on-shore partner visa? And would he definately get a bridging visa?

Do ETAs ever get a "No Further Stay" condition applied?

I was looking at the other one, the Visiter Visa that costs $125 or whatever it is, because it can be extended etc. So now I'm not sure which one to choose.

So, I know that the purpose of the ETA is to be a visitor, and that's what he would be....we would not make any decisions about getting married until he was here, saw some of Australia, met my family etc....

Any advice??


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## kmarees1986 (Apr 23, 2012)

kangaroogirl said:


> OK I think I really need some advice from the folks in this thread.
> 
> My story is this:
> 
> ...


Originally my husband and I were thinking of getting him over on a tourist visa then applying for the bridging visa - we have additional complications so its a bit different to your situation, but I do recall my migration agent advising that there is a risk that the no further stay may be imposed if they can sense that he is not just a tourist - disabling him to make further applications during his stay.

In a round about way, if you do it - just make sure to look like a tourist - maybe even book a flight to leave Australia as proof just to be able to show that you he is just a tourist. Once your in without the NFS rule, its free game 

Thats how its was explained to me anyway.


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## kvdeqs (Jul 3, 2012)

Adventuress said:


> I think the two years requirement for sponsorship is open to a little bit of interpretation. I mean, the exact sentence is "have been settled in Australia for a reasonable period (usually more than 2 years)" but that could mean 'at any time in the past' - so really it may be intended to bar citizens and permanent residents who've never developed a home in Australia - i.e. those who have never lived in Australia in the past, despite their 'Australian' status.
> 
> Note that it doesn't say at all that as a sponsor you must be in Australia - and they're usually strict on these things and do spell them out. In my opinion, although I could be wrong, I think you have a chance.


Hi advanture....could you pls help me abt my query..
Do u hv any idea abt my 801 vis.my eligibility date was 10 august and now 7 month 20 days no response from Diac...i dont wht to do? Pls help me


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## kangaroogirl (Aug 25, 2012)

kmarees1986 said:


> Originally my husband and I were thinking of getting him over on a tourist visa then applying for the bridging visa - we have additional complications so its a bit different to your situation, but I do recall my migration agent advising that there is a risk that the no further stay may be imposed if they can sense that he is not just a tourist - disabling him to make further applications during his stay.
> 
> In a round about way, if you do it - just make sure to look like a tourist - maybe even book a flight to leave Australia as proof just to be able to show that you he is just a tourist. Once your in without the NFS rule, its free game
> 
> Thats how its was explained to me anyway.


Thank you very much for this reply.

I read somewhere that the ETAs never get a no-further stay put on them - but I've posted up a thread to find out for sure, hopefully someone knows a definite answer.

Thanks!!


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## bma (Sep 28, 2011)

kvdeqs said:


> Hi advanture....could you pls help me abt my query..
> Do u hv any idea abt my 801 vis.my eligibility date was 10 august and now 7 month 20 days no response from Diac...i dont wht to do? Pls help me


Take a look at this thread, an 820 visa holder had the same problem: http://www.australiaforum.com/visas...r-visa-wait-more-than-2-years-no-reply-2.html

All the best!


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## ang_panag (Apr 2, 2013)

Hello everyone. 
I'm a new member of this forum, and very happy to find it!
I'm planning to apply for an onshore partner visa. But to do this I'll need to enter the country first. My husband (Australian citizen) is already there and we try to figure out the type of the visa I need to enter the country, and the reason that everyone advice us not to buy a one-way-ticket.
So... we were thinking the tourist visa but it is no longer available since 23 of March.
The new option is the visitor visa (sublcass 600) - sponsored family stream and it sound the best solution at first sight cause the visa will show that my husband is my sponsor too (for the one-way-ticket). 
Still we have a problem though. Reading the "about visa" I saw that for the sponsored family stream this: 
*""You cannot apply for another visa after you have arrived in Australia."*
This means what? That if I enter the country with this one, I won't be able to apply for the onshore?
Isn't it very strange to have a visa option (onshore parnter) but you don't let anyone to come in the country and apply for it?
Should I just apply for the ETA? But then what about for the ticket. It's a lot of money too spend for a ticket I won't use. Someone told me to hold a copy of my hubby's passport when I arrive.


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## NiPa (Mar 3, 2013)

Applying for onshore visa after entering on tourist visa is not a recommended path of obtaining partner visa. There are chances that the visa might be rejected.The onshore partner visa are normally for those applicants who are currently on student visa, work visa etc.

For you the best way of obtaining a partner visa is offshore temporary/permanent visa.


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## bma (Sep 28, 2011)

ang_panag said:


> Hello everyone.
> I'm a new member of this forum, and very happy to find it!
> I'm planning to apply for an onshore partner visa. But to do this I'll need to enter the country first. My husband (Australian citizen) is already there and we try to figure out the type of the visa I need to enter the country, and the reason that everyone advice us not to buy a one-way-ticket.
> So... we were thinking the tourist visa but it is no longer available since 23 of March.
> ...


In my humble opinion your plan is not good. Applying for any other tourist visa but eVisitor is basically looking for a No Further Stay on your visa. I think you have only one option if you insist on applying onshore and this is applying for an eVisitor. Greece is not ETA eligible country, you can apply for an eVisitor only (electronic visa application, too).
You'll be granted a 12-month visa, but you can stay in Australia for 3 months max. This visa is not intended for spending longer periods of time in Australia, you can perhaps spend 6 months in total in Australia, but afterwards you'd probably be grilled at the border. So you'd have to apply for a partner visa just before three months expire, or leave the country after first three months, come back after a week or two, and apply before the second three months expire.

There is a chance (small, but there is) you eVisitor will have a No Further Stay imposed, in that case you will not be able to apply for a partner visa onshore.

You don't have to have a return ticket, but you need to show you have sufficient funds to buy a ticket home in case they ask any questions.
Remember, you have to be a proper tourist/visitor.

Tourist visas are in general meant for visitors and tourists (which family members are, of course) and not for partners to come to Australia and apply onshore. It's different if you change your mind once you're here, but in general better be careful, you can't really enter the country with the intent of applying for a visa shortly afterwards.

There are many threads about this topic, browse the forum on more information...

Good luck and all the best.


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## ddalw1 (Mar 21, 2013)

Hi there,

I am a Sri Lankan national currently finishing off a PhD in Melbourne and my current visa expires in March 2014. Due to the current state of visa regulations, I am unable to apply for PR until I have a year's worth of work experience. In the event that I do not get offered a job after I finish my PhD, my partner and I have been discussing applying for a partner visa. He is an Australian citizen and we've been in a relationship for a little over 3 years. However, due to cultural reasons, we do not live together, so we don't classify as a de facto relationship. He'd like for us to get married before my visa expires so that I can stay. However, he's also a grad student, without full-time employment and is living with his parents at the moment (yep, we grad students are pretty pov!). If we were to get married, I would be living with him and his family, at least until one of us finds full-time work.
Does anyone have any advice to offer under these circumstances, or has anyone else been in a similar situation? I'm just wondering what our chances are, 'cos we're stressing out a fair bit about being separated from each other!

Thanks so much for your time!


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## Bellearina (May 11, 2013)

It seems there are so many right
And wrong answers with regards to this and it is such a very fine line, my partner was already here his employer sponsored him, we fell in love and took every step a couple takes and then one day he proposed-happiest day of my life, until I was asked when would I marry that man?!?!?! This is why we are now looking at divacto visas, in my opinion and I have heard some stories, it seems the honest couple jump threw hoops to hope for the desired outcome whilst the green card if I dare call it that just mosy on threw the process walking out the other side. 
I have no idea what's ahead of me because I am tired of immigration this immigration that, it's like every happy moment or thought is quickly followed by 'did you get a photo of that' remind your friend we need that reference' I am very over whelmed by the process we are only just starting and the thought of what if it gets knocked back? Should I guard my heart now for incase?????


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## Whitney (Jan 4, 2013)

ddalw1 said:


> Hi there,
> 
> I am a Sri Lankan national currently finishing off a PhD in Melbourne and my current visa expires in March 2014. Due to the current state of visa regulations, I am unable to apply for PR until I have a year's worth of work experience. In the event that I do not get offered a job after I finish my PhD, my partner and I have been discussing applying for a partner visa. He is an Australian citizen and we've been in a relationship for a little over 3 years. However, due to cultural reasons, we do not live together, so we don't classify as a de facto relationship. He'd like for us to get married before my visa expires so that I can stay. However, he's also a grad student, without full-time employment and is living with his parents at the moment (yep, we grad students are pretty pov!). If we were to get married, I would be living with him and his family, at least until one of us finds full-time work.
> Does anyone have any advice to offer under these circumstances, or has anyone else been in a similar situation? I'm just wondering what our chances are, 'cos we're stressing out a fair bit about being separated from each other!
> ...


First things first- Congrats on nearing completion of your PhD!

It sounds like you do have a few options especially because you are in a long term relationship and you have discussed marriage. If you were to get married that would waive the 12 month living together requirement for an 820/801 application. You would still have to provide proof of your history together (if you've read the Partner Migration booklet on the DIAC website you'll know the four areas they look at for evidence) but that should be possible given the length of your relationship. I think cultural reasons are a valid reason to live apart before marriage so long as you are married (to waive the 12 month requirement) when you apply. If you were forced to go back to Sri Lanka after graduation you could apply for a Prospective Marriage Visa, come back to Aus, marry your partner, and lodge your 820/801 application. There may be other options for you as well. I just know the most about 820/801 applications because that was the path I chose.

It's great that you're looking into this in advance because it gives you time to start collecting the types of 'proof' the DIAC will look for in your application. It will also give you some time to save your pennies because a PR application is definitely not cheap!


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## kmarees1986 (Apr 23, 2012)

I just wanted to post on this thread so hopefully I can help people in similar situations. Our Subclass 309 was eventually submitted 2 weeks ago. I am back in Australia ahead of the birth of our first child so now the 309 is gone, its time to get my husband to me asap. 

We are going for Sublcass 600 - Family Sponsored Tourist Visa - for 6 months hopfeully - me as the sponsor. I have:

- Stat Decs from both of us explaining why we need this visa.
- Over $5000 in savings in the bank
- Stat Decs from my paretns pledging free accomodation and financial support
- ID Documents
- Criminal Record Documents (Police Certificate and Stat Dec explaining record)
- Marriage Certificate
- Maternity Certificate
- Departing one way flight out of Australia in 6 months
- Travel insurance inc medical for 12 months
- Reciept of 309 visa
- Husbands Tax retrun and recent payslips to show he has been working in the UK

I am just waiting for the documents to be certified on the weekend and for the signed copies of the application to get to me from the UK and we will be submitting in a week. 

For anybody in a situation where you need to get your partner to Australia temporarily - I will share the times and responses from DIAC to help others with their application. FINGERS CROSSED!!


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## andie87 (Mar 14, 2013)

kmarees1986 said:


> I just wanted to post on this thread so hopefully I can help people in similar situations. Our Subclass 309 was eventually submitted 2 weeks ago. I am back in Australia ahead of the birth of our first child so now the 309 is gone, its time to get my husband to me asap.
> 
> We are going for Sublcass 600 - Family Sponsored Tourist Visa - for 6 months hopfeully - me as the sponsor. I have:
> 
> ...


Hi Kmarees,
If the subclass 600 is approved, will your Husband still have to leave the country at some point in order for the 309 to be approved?
Andie x


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## kmarees1986 (Apr 23, 2012)

Hi Andie,

Its a temporary visa with no further stay and no working conditions imposed so im sending him to Vietnam to visit family in December so he has to leave after the 6 month visa end anyway. We'll reassess the situation then, he may need another 3 month tourist visa after this if the 309 is still ages awsy.

If they gave a 12 month visa for example (I didnt want to push my luck...) we would have to leave before the 309 was granted to take affect. Hope that helps?x


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## kmarees1986 (Apr 23, 2012)

Not sure if anybody was following this but our Sponsored Family Tourist Visa was rejected as I havent been living in Australia for the past 2 years even though I am a citizen, so I couldnt sponsor him.

There was a discussion on here somewhere about the interpretation of the 2year residency rule meaning you had to be a citizen rather than a resident. Unfortunatly it should have been interpreted literally.

Lessons learned, check, double check and triple check everything. Then check with immi if still in doubt.

Now onto tourist visa application nr 2 before baby comes so my husband can be here!!


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## lady.j (Jul 2, 2013)

Hi guys!

Need your advice.. 

We wanna apply for Subclass 600 while waiting for PV grant.. But me & my hubby are not sure which stream is much better/easier for us to do:
-Tourist (to be lodged here in PH) or 
-Family Sponsored Stream (need to be lodged in Oz by my hubby)?

Has anyone here applied for VV under Family stream? How long is the processing time? 

Kindly share your experiences..


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## Finnish (Aug 14, 2014)

Adventuress said:


> I am also in complete agreement with you, Kttykat, regarding the lack of any kind of bridging visa and also the ridiculous bureacratic requirement to leave the country to be allowed back into the country.
> 
> Yes, I think it's a bit of a paradox that they require couples to be together and not apart in order to be eligible, and then put in place so many rules that make compliance so very difficult.


My thoughts exactly. In contrast my Australian wife was granted a permanent visa in Finland in a matter of weeks, at a cost of $160, and paperwork which consisted o 1 form and a photocopy of our marriage certificate.


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## Raif (Mar 25, 2015)

*Urgent assistance required to reunite our family*

Dear All,

Thank you to all of the contributors to this excellent forum! I have been reading it with gusto and am becoming more and more concerned about my proposed course of action and I hope that some members can help me with a number of questions (apologies if some of this info is contained in a part of the forum which I have yet to explore):

1. I plan to travel to Australia with our 3 young children, who all have Aus passports, to join my wife, who is also an an Aus citizen, on an electronic tourist visa with an NFS clause. However I plan to apply for a PV while there as the process takes ~8 months in South Africa, where I am currently located and where I am a citizen. I understand that this is a risk, but would like to know whether it is actually possible, as I see no other course of action to allow the 3 young children to be with their mother again and me to be with my wife, as she is working in Aus.

2. I have booked a one-way flight. Does this mean that I will be turned away or should I just be prepared to answer the questions in a particular manner at the airport? Or should I just buy a ticket out of the country instead?

3. My wife, who is an Aus citizen, has only been back in the country for 2 months. Does this mean that she cannot sponsor me for the PV?

4. Would it be better for me to just make the application for the PV from South Africa before heading out to Aus on my tourist visa, which I intend to do in less than 30 days? It is cheaper to do this, and I would be prepared to leave the country when the PV is granted.

Note that my wife and I have been married for 8 years and have three children who all hold Aus passports. The current situation demands that we move urgently as my wife has had to take a job in Aus after our business in South Africa ran into issues whilst she was on a business trip to Sydney. The children and I are missing her desperately and the top priority is to reunite the family.

Thank you for any help that you can offer.


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## CollegeGirl (Nov 10, 2012)

If your tourist visa has a No Further Stay clause (which you've indicated in your post) you unfortunately cannot apply onshore in Australia. Unless that was a typo and you meant that it does NOT have an NFS clause?


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## CollegeGirl (Nov 10, 2012)

If your tourist visa DOES have a no further stay clause, your best course of action is probably to lodge an OFFSHORE partner visa BEFORE you leave for Australia. Then you can spend at least part of the time it takes to process in Australia with your wife. You will have to leave Australia when your tourist visa expires, though (if the partner visa still isn't granted) unless you can get an extension, which I'm not sure is possible with an NFS clause.


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## CollegeGirl (Nov 10, 2012)

Let me the answer the rest of your questions though:

2. I would suggest getting a return ticket. While South Africa isn't as high risk as some other countries, not having one and getting turned away from Australia would be a risk you wouldn't want to take, especially with kids with you. 

3. As she is a citizen there is no requirement for her to be usually resident in the country. She can sponsor you now. 

4. Ah, should have finished reading your questions!  I would apply onshore if you can - but if you can't (if your tourist visa DOES have an NFS), then this is what you're going to have to do. If your tourist visa doesn't have an NFS, make sure to be an ACTUAL tourist when you're coming in - have plans for things to do and to see, have evidence of those plans with you, don't have all your possessions in the world with you, and don't have all the documents you need to apply for a partner visa with you! Send them separately if possible. And if you're asked what your purpose is in visiting Australia, say it's a family holiday.


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## Raif (Mar 25, 2015)

Thank you for your prompt help CollegeGirl! I appreciate your insight and your rapid response. My current visa is unfortunately NFS. I wonder if there is any point in me engaging the consulate to ask them whether they can issue a different visa that will allow me to apply for my Spouse visa?

With regard to the flight, do you think they would accept an onward flight to somewhere else, e.g. Bali?


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## h&m2015 (Sep 4, 2016)

*Bridging Visa A*

Hello everyone,

I am in the processing of Partner Visa 820/801, and I have got my bridging visa A granted. (I applied onshore).

Understand that I have to wait for 13-18 months to get the 820 Temporary Resident approved and I must remain in Australia until the decision made.

But my question is that I have to go back to my country for some family business and this required me to stay there for at least 6 months, or maybe 12 months. Therefore, I am not sure if I can travel out of Australia to be back home and wait for my TR/PR offshore.

I can apply for bridging visa B, but this type of Visa just only allow me to travel out of Aus for 3months period.

Anyone been in this situation, appreciate your tips.


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