# Can I apply for Partner visa(820) while in bridging visa?



## swordfishyj (Feb 27, 2014)

Hi, My fiance and I are getting married next week. Her visa was expired before

we could get married and apply for partner visa 820 so we lodged a visitor 

visa 600 online and she was granted a bridging visa.

She was asked to undergo a health checkup and I believe it will take a while

to process because decision is not going to be made until she takes the 

exam and results are passed on.

Until that time she will be in bridging visa and we are afraid but are also 

certain that she will have no further stay condition on her visa if granted.

I was wondering if we can legally lodge another visa( partner visa 820 in

my case) while on bridging visa and her visitor visa 600 is decided.

Thank you


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## kangaroogirl (Aug 25, 2012)

I believe it is not possible, as a bridging visa is not a substantive visa, and this is one of the requirements for applying for an 820.

If she does have a no further stay condition on her visitor visa then this would also mean she can't apply for the 820.

If I'm incorrect please someone correct me?


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## Mish (Jan 13, 2013)

Nope you can't lodge a partner visa while on a bridging visa. There was a case recently on the media about this because a defacto partner visa was rejected because he was not on a substantive visa. 

If the tourist visa has a nfs then you can't lodge onshore, your only option will be offshore.


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## kangaroogirl (Aug 25, 2012)

Sword Fish, your only option may be for your partner to return home, lodge the application there, and then look at options for them to come and be with you on a tourist visa for some of the processing time. Not great news sadly, but you can make it work. You'll just need to be patient and investigate all avenues. I wish you lots of luck


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## swordfishyj (Feb 27, 2014)

Thank you so much for quick apply

Is there no way for us to apply onshore ? say if she returns home and comes back 

with another tourist visa and apply for onshore?

Is there any temporary visa that has no No Further Stay condition on it?

Thank you


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## kangaroogirl (Aug 25, 2012)

swordfishyj said:


> Thank you so much for quick apply
> 
> Is there no way for us to apply onshore ? say if she returns home and comes back
> 
> ...


I don't know enough about the different tourist visas - I'm sorry I can help you with that question. I'm sure somebody here could though...


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## CollegeGirl (Nov 10, 2012)

If you think they're certain to apply the NFS onshore, why would the result be different when you apply offshore? Either way they're going to be looking at how much time you've spent in the country recently. And no, there is no magical visa out there for your situation that would come without an NFS. It's too bad you couldn't apply before her visa expired. It looks like you're likely going to have to apply offshore now, unless you luck out and can get another 600 without the NFS while she's still onshore.


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## swordfishyj (Feb 27, 2014)

She is from Korea and she's been living in Australia for about 6 years now and after

her study she could not apply for PR because she was 5 point short because of her age

not meeting 25~32 for 30 points so she applied for the working holiday visa hoping 

she would get higher marks for her English test but that didn't work out too.

Can she not come back to Australia after she is out of Australia with ETA visa

which can not have NFS condition on it(that's what I heard) and apply for 820 onshore?

Thank you


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## kangaroogirl (Aug 25, 2012)

swordfishyj said:


> She is from Korea and she's been living in Australia for about 6 years now and after
> 
> her study she could not apply for PR because she was 5 point short because of her age
> 
> ...


No that's not correct, they can put a "no further stay" on an ETA as well. I think they'd be likely to put one on it as she's been attempting other visas and has spent so much time here.


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## CollegeGirl (Nov 10, 2012)

kangaroogirl said:


> No that's not correct, they can put a "no further stay" on an ETA as well. I think they'd be likely to put one on it as she's been attempting other visas and has spent so much time here.


I'm actually not *positive* this is true. An ETA works differently than a normal tourist visa. I don't think I've heard of NFS conditions on an ETA. I'm not positive of that, however.

I'd forgotten South Korea was ETA-eligible.

Swordfish, what do you have to lose by trying? Either way she has to go offshore. She can go offshore, apply for the ETA, and then if it's issued without NFS conditions, she can fly back in to Australia and apply onshore for the spouse visa *IF* immigration doesn't turn her around at the border (more on this in a second). If they give her the NFS condition, she can just apply offshore and then use her ETA to visit you while her offshore visa processes (she'd just need to let her CO know she's going to be onshore and ask them nicely to let her know when they're ready to decide the visa so she can fly offshore again. Then, when they let her know, she flies offshore for a few days, they grant the visa, and she comes back on her spouse visa).

Now, more on getting turned around at the border if she does get the ETA without the NFS and wants to try to apply onshore: You have to keep in mind that not getting past the border and her getting flown back to Korea is a possibility. Tourist visas and ETAs are for people who are what Immi refers to as "genuine temporary entrants." That means you're not meant to use them to get back onshore so you can apply onshore. People DO use them that way... but it's wiser for her to fly in with the mindset that she is intending to holiday with you in Australia. Then, once she's there, you can make the decision to apply onshore.

If she does get turned around at the border, it will affect her ability to apply for certain types of visas for three years, but she will STILL be able to apply for the spouse visa offshore.


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## kangaroogirl (Aug 25, 2012)

CollegeGirl said:


> I'm actually not *positive* this is true. An ETA works differently than a normal tourist visa. I don't think I've heard of NFS conditions on an ETA. I'm not positive of that, however.


Oh really? I'd been told that they can get them, and when I was at immi office the other day the guy said yes they can, because we were double checking on my husband's ETA. Hmm maybe it's a mystery! I believe when we applied for his it actually mentioned somewhere that it may have a NFS attached.... Maybe I've just gotten mixed up.


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## CollegeGirl (Nov 10, 2012)

Or maybe it's just uncommon for most of the countries whose applicants post here. It would make sense to me that it was a possibility.. I just feel as though I read somewhere that they can't get the NFS. Since I couldn't begin to tell you where I read it, I would definitely take it with a grain of salt!


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## shobby (Jun 27, 2014)

kangaroogirl said:


> No that's not correct, they can put a "no further stay" on an ETA as well. I think they'd be likely to put one on it as she's been attempting other visas and has spent so much time here.


Hi Kangaroogirl, 
Wondering if you have been assigned to a CO yet? im still waiting for mine.


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## ericericpeter (Jun 3, 2014)

kangaroogirl said:


> I believe it is not possible, as a bridging visa is not a substantive visa, and this is one of the requirements for applying for an 820.
> 
> If she does have a no further stay condition on her visitor visa then this would also mean she can't apply for the 820.
> 
> If I'm incorrect please someone correct me?


I think they can apply for visa 820 partner visa with a bridging visa. In my case, my partner overstay here for many years, i enquired sydney immigration department in Level 4, they told me that my partner can apply for visa 820 onshore. Before we applied for visa 820, Immigration department grant her a bridging visa E for a month, we have to lodge the 820 application within a month.

I suggest that they need to go immigration dept to enquire. Anyway, i know who overstay in australia, they can apply for partner visa onshore.


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