# Applying visitor visa While processing 309/100



## coolc (Mar 26, 2012)

Hello

Im a Permanent resident in Australia and my wife is Sri Lankan. She applied her 309/100 last september and still we have not heard anything from Visa office. 
All we got is a automated email from VFS ( Where we lodged it as VFS is the place take applications behalf of Australian high commision - colombo ) saying our application has been forwarded to AUSTRALIAN HIGH COMMISION - COLOMBO. 

It has been 3 and half months now. We contacted them and they replied to our email saying processing time is upto 12 months. we still have NO CO.

We dont wont to live apart such a long time so we decided to apply for a sponsored visitor visa ( 679 ) so we can be together for sometime till they process 309/100.

so

1. Anyone did that ? what is the procedure ? is it ok or will it cause any issues to our 309/100 ?

2. we heard we have to let our CO if we are intend to apply a visitor visa. but as we dont have a CO yet what can we do ?

please help.

Thank you.


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## kttykat (Oct 30, 2012)

coolc said:


> Hello
> 
> Im a Permanent resident in Australia and my wife is Sri Lankan. She applied her 309/100 last september ( 17/09/2012 ) and still we have not heard anything from Visa office.
> All we got is a automated email from VFS ( Where we lodged it as VFS is the place take applications behalf of Australian high commision - colombo ) saying our application has been forwarded to AUSTRALIAN HIGH COMMISION - COLOMBO.
> ...


If they grant it she will need to leave Australia when they are ready to grant the visa. Hearing nothing from immigration is the norm.

Kttykat


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## coolc (Mar 26, 2012)

kttykat said:


> If they grant it she will need to leave Australia when they are ready to grant the visa. Hearing nothing from immigration is the norm.
> 
> Kttykat


So to whom we should inform if we are applying a visitor visa ? 

also is it safe to apply a visitor visa ? i mean does it affect to 309/100 ?

Thanx


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## kttykat (Oct 30, 2012)

coolc said:


> So to whom we should inform if we are applying a visitor visa ?
> 
> also is it safe to apply a visitor visa ? i mean does it affect to 309/100 ?
> 
> Thanx


As I understand it (mind you I am not a migration agent) it shouldn't affect your partner application. I myself am going to Australia on an ETA on the advice of DIAC. Though as I said, you have to be offshore when the 309 is granted. In our case we plan to travel to New Zealand when they let us know it is ready to grant.

Kttykat


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## coolc (Mar 26, 2012)

kttykat said:


> As I understand it (mind you I am not a migration agent) it shouldn't affect your partner application. I myself am going to Australia on an ETA on the advice of DIAC. Though as I said, you have to be offshore when the 309 is granted. In our case we plan to travel to New Zealand when they let us know it is ready to grant.
> 
> Kttykat


Thank you.

Another thing is i worry is What if they Grant 309 without letting us know in advance. If they grant it while she is in Australia according to my knowledge it automatically cancelled eh ?

ggggg this is killing... waiting this long to be together even after marriage


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## kttykat (Oct 30, 2012)

coolc said:


> So to whom we should inform if we are applying a visitor visa ?
> 
> also is it safe to apply a visitor visa ? i mean does it affect to 309/100 ?
> 
> Thanx


You should send an email to the embassy that you have applied to, or your case officer if you have a contact for them, use your file number as a reference if you have it.

Kttykat


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## MarkNortham (Dec 19, 2012)

Excellent advice by Kittykat - the key is to keep the Embassy updated with a current address for you (always!) and if you're going to be away from your home address for an extended period of time (ie, trip to Australia). You'll receive a letter if/when they grant the 309 (if they have your updated mailing address) and it will have a timeframe on it within which you need to be offshore in order for them to grant the visa. But again, keep in touch with the Embassy, especially regarding your mailing address.


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## coolc (Mar 26, 2012)

MarkNortham said:


> Excellent advice by Kittykat - the key is to keep the Embassy updated with a current address for you (always!) and if you're going to be away from your home address for an extended period of time (ie, trip to Australia). You'll receive a letter if/when they grant the 309 (if they have your updated mailing address) and it will have a timeframe on it within which you need to be offshore in order for them to grant the visa. But again, keep in touch with the Embassy, especially regarding your mailing address.


are not they communicate using email ? or do they use POST LETTERS method ?


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## MarkNortham (Dec 19, 2012)

Hi Coolc -

An applicant can give DIAC permission to use email as part of the visa application (and many people do), however in some circumstances DIAC chooses to use written communications - the thing is, just because an applicant gives them permission to use email doesn't mean they *must* use that instead of other methods. It's DIAC's choice.

And additional issue is that for most visa applications, it is a Schedule 1 criteria (ie valid vs invalid application) that an applicant must provide a valid residential address. Even once you've lodged the visa application and they have deemed it valid, it's a very good idea to keep your residential (and mailing) address updated with whichever post is processing your visa application. The last thing you'd want to do is to miss an important request (ie, for additional documents) with a deadline - miss the deadline, and you might get refused as a result, and the defence of "I didn't get the email" is of no use. If DIAC can prove it sent the email, that's it. It's one reason why once in a while, for some types of applications - ones with super-critical deadlines - I do not give DIAC permission to use email - it's simply too risky when someone's future in Australia or review rights hinges on getting approved for a visa, etc. In these cases DIAC will generally send items registered mail so as to prove the date sent.


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## melandabdul (Sep 1, 2012)

I was thinking of doing the same thing but decided against it. What I found out was that the two processes, the tourist visa and the partner visa, are independent processes however it is most certainly in your interests to let the embassy and your CO if you have one know that you are applying and if you get it that you have moved to Australia and what your contact details are.

From what I understand, technically immigration does not have to do this but they are certainly in a habit of letting applicants that are onshore know when they are about to approve visas which require the applicant to be offshore so that they can leave Australia for when the visa is approved. So yes you are correct in saying that if they process and try to approve the visa while you are onshore the visa will be cancelled.

It satisfy my nerves I personally requested that my CO confirm that she would notify us prior to approving the visa so that we could have my fiance leave Australia, maybe you could consider that if you are concerned.

The other thing I wanted to share was that for a tourist visa 676 you must prove that your wife has enough reasons to return home or the visa will not be approved...not sure if it is the same for 679. That is the hard part I think. I have a template of all the stuff you need to provide if it is the same and I can share that with you.

Also I did see somewhere that someone like you and me applied for a tourist visa while waiting for a partner visa and it was rejected and then their partner visa was rejected and one of the reasons stated was that the tourist visa was also rejected. I believe they had this decision on the partner visa overturned and I think it is a misuse of the process to use such information in that way BUT it might be worth you knowing this upfront.


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## DaniCrawf (Aug 17, 2012)

Hmm - this is making me nervous as we were going to go to Aus on a tourist visa (spouse 309100 lodged in London in August) and we have a family wedding in Aus in April. Worried now that the spouse visa will get approved when we are there and then may be cancelled?


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## melandabdul (Sep 1, 2012)

DaniCrawf said:


> Hmm - this is making me nervous as we were going to go to Aus on a tourist visa (spouse 309100 lodged in London in August) and we have a family wedding in Aus in April. Worried now that the spouse visa will get approved when we are there and then may be cancelled?


I would do as I did, contact your CO and specifically ask them if they are ready to approve while you are in Australia will they let you know BEFORE they do it so you may leave the country in time.

My CO replied and said yes so I felt covered and safe to do so. We decided not to proceed for other reasons.


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## kiki1689 (Jul 18, 2013)

*Can i travel to oz and work whilst awaiting a 309/100 visa??*

Hello,

My name is Colette shiell. I am a uk citizen currently waiting for my visa subclass 309/100. I applied for the visa 1 month ago and i am currently residing in New zealand. My partner is an Australian citizen. As i already know my visa could take up to 12 months. I wish to now enter Australia with my partner on the 25th of September. While i wait for my visa i need to work. What visa should i apply for?

Should i apply for a tourist visa and then once in Australia i can apply for a Bridging visa B - BVB - (subclass 020) to enable me to work. Or is there another option? I could really use some help. It would be much appreciated.


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## MarkNortham (Dec 19, 2012)

HI Kiki -

You'll need to apply for a visitor visa as you're a citizen of the UK - the most appropriate visa would likely be the ETA, which is the easiest form of visitor visa to get and is available to UK citizens. Unfortunately as you lodged your partner visa offshore, you would not be able to apply for a bridging visa related to that partner visa. In Australia work is not allowed while you're holding a visitor visa.

Hope this helps -

Best,

Mark Northam


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## kiki1689 (Jul 18, 2013)

Hi really appreciate your email back.so in a simple way i will apply for a tourist and enter oz. but if i only have this visa i will have to leave and come back several times and have no work right? is there absoloutely no way i can work? im not happy with my partner having to deal with this stress.

thanks


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## MarkNortham (Dec 19, 2012)

No way to work in an employed position that I see. There are business visitor visas, but those are more for exploratory trips, negotiations, ,etc, but not actually working for an employer at a job, etc.

Best,

Mark Northam


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## kiki1689 (Jul 18, 2013)

well thanks anyway for your help.makes it alot easier when i get a proper answer.

Guess like others its just a waiting game. On another point though could i study part time and that allows me to work 30 hours right? is this ok whilst on a subclass 309/100?


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## MarkNortham (Dec 19, 2012)

The good news is that generally while on the provisional part of the offshore partner (subclass 309), once this is granted, you have full work and study rights in Australia.

Best,

Mark Northam


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