# applying for a partner visa 820 on a visitor visa 600



## ingy (Aug 17, 2016)

Hello, I was wondering if any of you have information regarding changing visas onshore. 

I am a German citizen married to an Australian citizen, we have been living in australia for the past year and a half, and we have a baby together,I was on a work and holiday visa, after it expired I went back to my home country and applied for a visitor visa 600, and was granted for 12 months with a 6 month stay limit. 

Im coming to the end of the first 6 months of period of stay, if I apply for a partner visa(820) now, will my visitor visa (600) get canceled? 
or do I have to wait till the whole 12 months are up? 

thanks so much! 

xx ingy


----------



## Ric Stacey (Jun 21, 2016)

If you lodge a valid 820 application you will immediately be granted a Bridging A Visa (BVA) which although granted will be held 'out of effect' until your current visitor visa ceases at the end of the current 6 month stay period. The BVA stays in effect until a decision is made on your 820 application. The BVA has 'nil' conditions.


----------



## ampk (Sep 21, 2013)

Does current 600 visa have "No Further Stay" condition on it?


----------



## hotdawg (Jun 24, 2016)

Hi, 
Anyone with good helpful info would be greatly appreciated. 
I planning to take my wife for a holiday to Australia later this year, to spend time with my family. We're not sure exactly how long, whether just for a couple of weeks or for a few months. It will depend on my work situation. I assume I will have to apply for a tourist/visitor visa for maybe 3 to 6 months stay. Is it possible to apply for a partner permanent resident visa while onshore or will that depend if she receives NFS condition on her visa? Is NFS usually applied for spouses of Australian citizen's anyway? I don't understand under what conditions one would not get a NFS on their visa?
I understand that if applying for onshore visa whilst on another visa, she would get a bridging visa which will only come into affect when the tourist visa expires, so would that mean that it's best to apply for a 3 month tourist visa rather than 6 month so that if a bridging visa is granted onshore, then she can register with medicare etc sooner?
By applying for a 3 month tourist visa is it possible to extend it another 3 months if we wish to and what would that cost?
If onshore visa application is successful and the bridging visa is granted, can my wife leave Australia and return to Indonesia to visit family, if so what are the conditions? 

thanks


----------



## ampk (Sep 21, 2013)

I assume I will have to apply for a tourist/visitor visa for maybe 3 to 6 months stay. 

Yes a Visitor Visa 600, I would ask a short time first up.

Is it possible to apply for a partner permanent resident visa while onshore or will that depend if she receives NFS condition on her visa?
Correct depends on NFS.

Is NFS usually applied for spouses of Australian citizen's anyway?
Can be mine did, we were married 7 years 2 kids at the time.

I don't understand under what conditions one would not get a NFS on their visa?
If you are from a country with strong economic standing you are less likely to get NFS.


I understand that if applying for onshore visa whilst on another visa, she would get a bridging visa which will only come into affect when the tourist visa expires, so would that mean that it's best to apply for a 3 month tourist visa rather than 6 month so that if a bridging visa is granted onshore, then she can register with medicare etc sooner?

Medicare is available the day you apply for Partner visa - Shorter visa better to get work and study rights sooner.

By applying for a 3 month tourist visa is it possible to extend it another 3 months if we wish to and what would that cost?

I am sure it is another new application and will depend on NFS.

If onshore visa application is successful and the bridging visa is granted, can my wife leave Australia and return to Indonesia to visit family, if so what are the conditions?

Need to apply for a BVB to travel overseas.


----------



## hotdawg (Jun 24, 2016)

Hi ampk
Thanks, really appreciate the info.
Another question, if wife is pregnant when travelling to Australia on tourist visa are there any issues with immigration and will this affect the application for partner visa/

regards

Hotdawg


----------



## ampk (Sep 21, 2013)

Not the visa.

But do not assume you will just be given a Visitor Visa - your wife must meet the requirements of genuine visitor. Many have been refused before today.


----------



## JandE (Jul 17, 2015)

ingy said:


> lm coming to the end of the first 6 months of period of stay, if I apply for a partner visa(820) now, will my visitor visa (600) get canceled?
> or do I have to wait till the whole 12 months are up?
> 
> thanks so much!
> ...


Did you get the answer/result you wanted?


----------



## hotdawg (Jun 24, 2016)

ampk said:


> Not the visa.
> 
> But do not assume you will just be given a Visitor Visa - your wife must meet the requirements of genuine visitor. Many have been refused before today.


Don't quite understand the first statement above, Not the visa"
Also what do you mean by "Requirements of Genuine visitor?"
She's a wife of an Australian husband who would sponsoring her and supporting her financially. I don't see there being any problems, it's just for a holiday.
I've sponsored ex girlfriends in the past for a short holiday and there were no issues. Just needed particulars of ID and bank plus a letter from me stating I was supporting her. I would expect that being married makes it a lot easier to process a tourist visa.


----------



## JandE (Jul 17, 2015)

hotdawg said:


> I would expect that being married makes it a lot easier to process a tourist visa.


I think it might make it harder.
A wife being a genuine tourist does not sound that realistic. They may expect that she may want to stay 'with her husband'.


----------



## ampk (Sep 21, 2013)

Yes your "Visitor Visa" maybe looked at very closely to see if it meets eligibility requirements. PAM 3 gives you guidance.

Honestly being married means not much with immigration and often raisesconcerns with them if it is recent.


----------



## hotdawg (Jun 24, 2016)

JandE said:


> I think it might make it harder.
> A wife being a genuine tourist does not sound that realistic. They may expect that she may want to stay 'with her husband'.


I understand where you are coming from. Let me elaborate further, I have been living/visiting "----" for years and basically spend my time here when I am on RnR or break from work contracts. It's my unofficial second home. So being married doesn't make it harder to obtain the visa at all. If Immigration want to, they can see from my passports (or in their system) that I spend a lot of time overseas so it's not unusual for Aussies to bring their partners for a holiday to see Australia, visit family before returning to "---" or other countries. I'm sure you are aware of many expats living overseas in the same situation?
Now of course being married means planning for the future meaning possibly staying in Australia. It seems to make more sense to take the wife for a holiday first to get an idea, rather than just diving straight in and applying for the full partner visa, wouldn't you agree?
There is absolutely no reason to refuse a "tourist/visitor visa" for a spouse. Expats often take spouses back to their home country for holidays. Partner visa's are not a consideration in these circumstances. The issues I am querying about are if we then decide that a Permanent move to Australia would be something on the cards especially if there was plans to have a family, hence questions regarding partner visa application whilst on a tourist visa.


----------



## hotdawg (Jun 24, 2016)

Anyway, I'll go through the process and see what happens. either way there is no urgency.


----------



## JandE (Jul 17, 2015)

hotdawg said:


> Sorry about the long and winding response folks


It does explain your situation clearer.

I was living overseas too and did the visitor visa for girlfriend, followed by another after getting the PMV.

It's easier when both in the relationship are living overseas like that.


----------



## hotdawg (Jun 24, 2016)

Good news,
Applied for the 600 visa for wife and got approved today without any NFS condition. So happy about that. We requested 3 month visa with multiple entry so she can travel back and forth with me freely if required. They approved 3 month stay multiple entry for the year. Only conditions applied were 8101-NO WORK and 8201- MAX 3 MONTHS STUDY. It took only 8 working days( 1 week 3 days) from submitting to approval. Glad about that because I booked tickets for both of us anticipating a quick reply from DIBP.
So basically this means that if we decided to , we can apply onshore for the 820/801. Can anyone advise of anything different?


----------



## LadyRogueRayne (Aug 17, 2015)

hotdawg said:


> Good news,
> Applied for the 600 visa for wife and got approved today without any NFS condition. So happy about that. We requested 3 month visa with multiple entry so she can travel back and forth with me freely if required. They approved 3 month stay multiple entry for the year. Only conditions applied were 8101-NO WORK and 8201- MAX 3 MONTHS STUDY. It only 8 working days( 1 week 3 days) from submitting to approval. glad about that because I booked tickets for both of us anticipating a quick reply from DIBP.
> So basically this means that if we decided to , we can apply onshore for the 820/801. Can anyone advise of anything different?


Yay! That's great news! So, you bring her for a holiday to visit family and friends. If it just so happens that you decide to stay about 2 months or so from then, well, you apply for the 820. Take a look at the 820 Waiting Room thread. Lots of great info there! Best of luck!


----------



## Visa Expert Australia (Oct 5, 2016)

The DIBP's policy has changed about 2 years ago or so,

To apply for a visitor/tourist Visa for the purpose of to apply for a Partner visa onshore no longer be considered as none genuine visitor, in another word, it no longer a ground for visa refusal.

Since you have provide a reason for the trip on visitor's visa is to apply for partner visa onshore, then no NFS will be imposed. Logically your application likely to be refused then to impose a NFS condition.



hotdawg said:


> Good news,
> Applied for the 600 visa for wife and got approved today without any NFS condition. So happy about that. We requested 3 month visa with multiple entry so she can travel back and forth with me freely if required. They approved 3 month stay multiple entry for the year. Only conditions applied were 8101-NO WORK and 8201- MAX 3 MONTHS STUDY. It only 8 working days( 1 week 3 days) from submitting to approval. glad about that because I booked tickets for both of us anticipating a quick reply from DIBP.
> So basically this means that if we decided to , we can apply onshore for the 820/801. Can anyone advise of anything different?


----------



## hotdawg (Jun 24, 2016)

LadyRogueRayne said:


> Yay! That's great news! So, you bring her for a holiday to visit family and friends. If it just so happens that you decide to stay about 2 months or so from then, well, you apply for the 820. Take a look at the 820 Waiting Room thread. Lots of great info there! Best of luck!


Will do, thanks. Just wondering if applying for offshore 309 now before we arrive in Oz would be ok? Is there any issue doing that after the 600 was granted?
We still have desire to spend some time overseas first beforehand, I feel if applying for the onshore 820, we/she would be restricted to staying in Oz while visa is being processed and then having to apply for bridging visas and having to be onshore when the 820 is approved. We can't guarantee that we can or want to be in Oz at the time of grant.
Is it better to continue with offshore 309 and waiting for that to be decided 
now that she has the 600 multiple entry which gives flexibility to travel back and forth with me for the next year or until 309 is approved?
Or is the bridging visa system pretty simple? Need to be onshore for 820 approval but for 801 approval can be offshore or onshore, so still are able to spend some extended periods back in wife's home country after 820 is approved?


----------



## LadyRogueRayne (Aug 17, 2015)

hotdawg said:


> Will do, thanks. Just wondering if applying for offshore 309 now before we arrive in Oz would be ok? Is there any issue doing that after the 600 was granted?
> We still have desire to spend some time overseas first beforehand, I feel if applying for the onshore 820, we/she would be restricted to staying in Oz while visa is being processed and then having to apply for bridging visas and having to be onshore when the 820 is approved. We can't guarantee that we can or want to be in Oz at the time of grant.
> Is it better to continue with offshore 309 and waiting for that to be decided
> now that she has the 600 multiple entry which gives flexibility to travel back and forth with me for the next year or until 309 is approved?
> Or is the bridging visa system pretty simple? Need to be onshore for 820 approval but for 801 approval can be offshore or onshore, so still are able to spend some extended periods back in wife's home country after 820 is approved?


It's really up to you. I don't know enough to answer about the 309. But I don't see how that would be a problem. As for the BVAs and BVBs, from what I've seen, it's pretty straight forward. You apply for a BVB when you want to travel and it's granted for 3, 6 or some people have stated they got a BVB for 12 months...but I think that was under the circumstances that they had to travel for work. I'd suggest you talk to one of the MARA agents on here to really look at all of your options. I'm pretty sure they all do consults inexpensively and would be worth looking into. They can answer all of your questions and guide you in the right direction.


----------



## hotdawg (Jun 24, 2016)

ok no worries, Just wondering if anyone else knew about what I was asking?


----------



## hotdawg (Jun 24, 2016)




----------



## JandE (Jul 17, 2015)

hotdawg said:


> Regarding follow up options to the 600 visa without the NFS condition, wife pregnant:
> 1. Enter Australia on 600 visa. Apply for onshore 820 after a month or so. 3 months stay will expire about a month before baby due. So even if apply onshore 820 and register with medicare, wife must fly out after 3 months. What are the options to ensure being able to stay on for birth of baby?
> Bridging visa?


The temporary Partner visa (subclass 820) lets you:

stay in Australia *until a decision is made* about your permanent Partner visa....

When you apply for this visa, you might get a Bridging visa that allows you to stay in the country lawfully while your application is processed.(_I think most people get this_)

https://www.border.gov.au/Trav/Visa-1/801-#


----------



## LadyRogueRayne (Aug 17, 2015)

Like JandE said...once you apply for the 820, a she'll get a BVA which will allow her to stay in the country until a decision is made on the 820 visa application. Meaning, once her 3 month tourist visa window is up, she'll automatically go on the BVA with full work rights and will not have to leave Australia. She'll be able to apply for medicare as soon as she applies for the 820 visa.


----------



## hotdawg (Jun 24, 2016)

Ok so basically the visit visa 600 is cancelled out by the 820 onshore visa Bridging visa A is to enable her to lawfully stay in Oz after the 3 month visit visa is up and work also although working rights is not a priority at this point nor is it likely.
What about if we still want to leave Australia once 820 application is done and in process, will wife need to get bridging visa B and what are the conditions of that ie. how long out of country can she be?


----------



## LadyRogueRayne (Aug 17, 2015)

hotdawg said:


> Ok so basically the visit visa 600 is cancelled out by the 820 onshore visa Bridging visa A is to enable her to lawfully stay in Oz after the 3 month visit visa tie is up and work also although working rights is not a priority at this point no is it likely.
> What about if we still want to leave Australia once 820 application is done and in process, will wife need to get bridging visa B and what are the conditions of that ie. how long out of country can she be?


Yes, once she goes on the BVA, she'll need to apply for a BVB to leave. It's really up to DIBP on how long the BVB will be for. The usual time is 3 months, but they have done 6 month and 12 month BVBs, based on circumstances and the granting CO. Just remember that she will have to be in Australia for them to grant the visa. But from what I've seen of others posting on this forum, you just let the CO know of plans and they'll usually contact you to let you know when they are ready to grant, so that she can come back for the grant. However, this IS DIBP as I've said before, so you just want to be sure she'll be onshore when it's close to grant time.


----------



## hotdawg (Jun 24, 2016)

Ok thanks for response. 
More questions:
when applying for onshore 820, how long does it usually take for the 820 to be approved? I realise that when applying and paid for, a confirmation of payment etc is received and one can apply for medicare etc but how long until the 820 is actually approved? Then once 820 is approved it normally takes up to 2 years for the 801 grant. Is that 2 years from original 820 payment date or 2 years from date of 820 approval?
When 820 visa applied and paid for online then BVA kicks in when 3 month visa expires, is applicant allowed to work then or only when 820 is actually approved some months later?


----------



## LadyRogueRayne (Aug 17, 2015)

hotdawg said:


> Ok thanks for response.
> More questions:
> when applying for onshore 820, how long does it usually take for the 820 to be approved? I realise that when applying and paid for, a confirmation of payment etc is received and one can apply for medicare etc but how long until the 820 is actually approved? Then once 820 is approved it normally takes up to 2 years for the 801 grant. Is that 2 years from original 820 payment date or 2 years from date of 820 approval?
> When 820 visa applied and paid for online then BVA kicks in when 3 month visa expires, is applicant allowed to work then or only when 820 is actually approved some months later?


Ok, I'll take a stab at these, as I'm going through the process now. Someone please correct me if I'm wrong...

1. Takes about 12-15 months on average for grant.
2. 2 years from the lodge date of the 820, you then apply for the 801.
3. Yes, applicant can work as soon as the BVA kicks in.


----------



## Maggie-May24 (Jul 24, 2011)

LadyRogueRayne said:


> 2. 2 years from the lodge date of the 820, you then apply for the 801.


It may seem like semantics, but to clarify.... you don't apply for the 801 after 2 years. You are applying for the 820/801 together. 2 years after submitting your original application, you submit additional evidence so they can assess you for the 801 visa.


----------



## CCMS (Oct 10, 2013)

Maggie-May24 said:


> It may seem like semantics, but to clarify.... you don't apply for the 801 after 2 years. You are applying for the 820/801 together. 2 years after submitting your original application, you submit additional evidence so they can assess you for the 801 visa.


This is actually a very good point. I think many people may not be aware of it.There is no VAC for the sc. 820 either. The application fee is for the sc. 801. That's why there are no further fees for the stage 2 process.


----------



## LadyRogueRayne (Aug 17, 2015)

Thank you for clarifying that Maggie and Nick.


----------



## hotdawg (Jun 24, 2016)

So would this sample scenario be correct?

When applying onshore for the 820/801 while on the 600 visa, the 820 is already approved when the application is made and paid for with the bridging visa automatically given to stay. It comes into effect when the 600 visa 3 month stay is expired. Anytime after payment while the application is in process, DIBP can advise that application is rejected if found NOT elegible. If notification is given during the 3 month stay then wife will have to leave the country as per the usual visit visa conditions ie at 3 month date. If however first 3 month has expired, 820 with bridging visa kicks in and say after a month or 2 two or any number of months, DIBP advised that applicant is NOT elegible, wife will then be unlawfully in the country and will have to leave. 
If that were the case then would her initial multiple entry visa 600 still be valid so she can fly out then come back in?
On the positive side, when on the bridging visa aftery applying for the 820, DIBP will be in touch regarding further information, documents, medicals, police reports etc and then the day will come some many months/years later that the 801 has been approved, and advised to be in Australia when grant is given. Is thst basically it in a nutshell?


----------



## Mish (Jan 13, 2013)

You sound confused.

The 820 is not approved when you pay. The 820 is approved down the track like 12 months or so. The BVA is automatically approved when the 820 is lodged which allows you to stay after the expiry of the previous visa until the 820 decision is made.

After the 820 is granted you can submit documents for the 801 2 years after you applied (if not eligible straight up).

At any time DIBP are not required to ask for additional documents and can make a decision on the documents provided at any time. However generally they do ask for additional documents.


----------



## hotdawg (Jun 24, 2016)

Mish said:


> You sound confused.
> 
> The 820 is not approved when you pay. The 820 is approved down the track like 12 months or so. The BVA is automatically approved when the 820 is lodged which allows you to stay after the expiry of the previous visa until the 820 decision is made.
> 
> ...


Yep definitely confused
Getting conflicting comments to my queries. 
Some say bridging visa lets you "stay in Australia until a decision is made in your permanent visa" So from that statement I am assuming that 820 is already in effect once payment and bridging visa is in operation. The info does not say that it let you stay until a decision is made on "your temporary visa 820".


----------



## JandE (Jul 17, 2015)

hotdawg said:


> Yep definitely confused
> Getting conflicting comments to my queries.
> Some say bridging visa lets you "stay in Australia until a decision is made in your permanent visa" So from that statement I am assuming that 820 is already in effect once payment and bridging visa is in operation. The info does not say that it let you stay until a decision is made in your temporary visa 820.


The actual Bridging Visa grant wording, from our 820 Application was:

_A Bridging visa (class WA) has been granted to the applicant listed in the table below to allow you to *remain in Australia during the processing of your application for a Partner (Temporary)* (class UK) Partner (*subclass 820*) visa._

and

_This bridging visa allows you to remain lawfully in Australia *until 28 calendar days after you are notified of a decision* on your application for a Partner (Temporary) (class UK) Partner (subclass 820) visa._


----------



## hotdawg (Jun 24, 2016)

JandE said:


> The actual Bridging Visa grant wording, from our 820 Application was:
> 
> _A Bridging visa (class WA) has been granted to the applicant listed in the table below to allow you to *remain in Australia during the processing of your application for a Partner (Temporary)* (class UK) Partner (*subclass 820*) visa._
> 
> ...


What is the 28 day condition about? Does that mainly refer to if the decision on an application was unsuccesful then applicant must leave within 28 days? The way I interpret it is it is possible that soon after lodgment and payment of onshore 820, the application can be rejected and applicant will have 28 days to leave Australia. What if entering Australia on the 600 visit visa and applying for the 820 at 2 months later, not long after that DIBP gives notice of decision that the application was unsuccessful? That would mean that applicant would not be on the bridging visa for long.
Mish said that a decision is made on the 820 about a year after lodgment. So it isnt likely that an applicant is informed of an unsuccesful application within a couple of months of lodgement then?


----------



## LadyRogueRayne (Aug 17, 2015)

hotdawg said:


> What is the 28 day condition about? Does that mainly refer to if the decision on an application was unsuccesful then applicant must leave within 28 days? The way I interpret it is it is possible that soon after lodgment and payment of onshore 820, the application can be rejected and applicant will have 28 days to leave Australia. What if entering Australia on the 600 visit visa and applying for the 820 at 2 months later, not long after that DIBP gives notice of decision that the application was unsuccessful? That would mean that applicant would not be on the bridging visa for long.
> Mish said that a decision is made on the 820 about a year after lodgment. So it isnt likely that an applicant is informed of an unsuccesful application within a couple of months of lodgement then?


The 28 days refers to if the visa is refused. And yes, it gives 28 days after refusal to leave. Usually, it takes about a year for them to look at/grant the visa. Unless you would have to face schedule 3 conditions, at which case they will look at it and could reject it much sooner. If your wife is on a 600 visa and does not have condition 8503 you won't have to worry about schedule 3. And as long as you provide good evidences, then you really shouldn't have to worry about a refusal...particularly one within only 2 months or so.


----------



## rcjulio (Oct 10, 2016)

Hello! Wondering if someone could help me with this..
I came to Aus as a visitor (600) in early June and was going to leave the country in mid August. But I met someone (Aussie) as soon as I got here and I decided to stay longer.
I got a 12 months 600 visa with 3 months permit of stay on each arrival. From May 2016 to May 2017. I've already left the country once to get the second 3 month permit stay. 
We have decided to register our relationship and apply for the 820 so we don't have to be apart from each other.
My questions are:
-If we apply for the 820 now, will my bridging visa kick in as soon as my second 3 month stay ends and I'll already be able to work? Or only when the whole visa expires in May 2017 and until then I'll have to be on the 600 with no work permit as it is now?
-Would I need to leave the country at any point?
- would the 820 visa really cost around AUD 7.000?
Thanx for the help guys!!


----------



## LadyRogueRayne (Aug 17, 2015)

rcjulio said:


> Hello! Wondering if someone could help me with this..
> I came to Aus as a visitor (600) in early June and was going to leave the country in mid August. But I met someone (Aussie) as soon as I got here and I decided to stay longer.
> I got a 12 months 600 visa with 3 months permit of stay on each arrival. From May 2016 to May 2017. I've already left the country once to get the second 3 month permit stay.
> We have decided to register our relationship and apply for the 820 so we don't have to be apart from each other.
> ...


Yes, the BVA will kick in at the end of the current 3 month window. You will not have work rights until the BVA kicks in, after the 3 month window. No, you won't have to leave if you've lodged a valid visa application for the 820. Yes, it really does cost that much (more actually, when you include medicals and police checks).

My advice is to really make sure you have solid evidence for a de facto relationship. And a LOT of it. Especially if you've only been together a few months. I can't imagine how we would have had enough evidence within the first few months. I have been worried about evidence and we've been together for 17 months.


----------



## Mish (Jan 13, 2013)

rcjulio said:


> Hello! Wondering if someone could help me with this..
> I came to Aus as a visitor (600) in early June and was going to leave the country in mid August. But I met someone (Aussie) as soon as I got here and I decided to stay longer.
> I got a 12 months 600 visa with 3 months permit of stay on each arrival. From May 2016 to May 2017. I've already left the country once to get the second 3 month permit stay.
> We have decided to register our relationship and apply for the 820 so we don't have to be apart from each other.
> ...


Yes the BVA will kick in after the 3 month period. Just be prepared that even with a registered relationship you need alot of evidence. With such a short relationship you will need alot of very good evidence. It is not as simple as registering the relationship.

Yes the visa does cost around $7,000. You need to make sure you have alot of evidence for that amount of money.


----------



## hotdawg (Jun 24, 2016)

LadyRogueRayne said:


> The 28 days refers to if the visa is refused. And yes, it gives 28 days after refusal to leave. Usually, it takes about a year for them to look at/grant the visa. Unless you would have to face schedule 3 conditions, at which case they will look at it and could reject it much sooner. If your wife is on a 600 visa and does not have condition 8503 you won't have to worry about schedule 3. And as long as you provide good evidences, then you really shouldn't have to worry about a refusal...particularly one within only 2 months or so.


That's refreshing to know, thanks.
It was mentioned that if in a De Facto for only short while then a lot of evidence is required to support the application but what if a couple have already been married for several months and obviously living together for that time, would we need to provide as much evidence as a De Facto couple?
If I have been overseas in my wife's country(Indonesia), joint utilities bills are non existent when renting as they remain in the property owners name.
Joint bank accounts are the same situation as a foreigner cannot open a bank account without a valid residency visa.
Hardly anyone gives out invitations for parties or gatherings in both couples names unless for weddings, it's all done my social media or sms these days.


----------



## JandE (Jul 17, 2015)

hotdawg said:


> That's refreshing to know, thanks.
> It was mentioned that if in a De Facto for only short while then a lot of evidence is required to support the application but what if a couple have already been married for several months and obviously living together for that time, would we need to provide as much evidence as a De Facto couple?
> If I have been overseas in my wife's country(Indonesia), joint utilities bills are non existent when renting as they remain in the property owners name.
> Joint bank accounts are the same situation as a foreigner cannot open a bank account without a valid residency visa.
> Hardly anyone gives out invitations for parties or gatherings in both couples names unless for weddings, it's all done my social media or sms these days.


I lived with my fiance for some time in Philippines. The rental was in my name but the landlord did a statement saying we were both there.
Can you get the same?


----------



## LadyRogueRayne (Aug 17, 2015)

hotdawg said:


> That's refreshing to know, thanks.
> It was mentioned that if in a De Facto for only short while then a lot of evidence is required to support the application but what if a couple have already been married for several months and obviously living together for that time, would we need to provide as much evidence as a De Facto couple?
> If I have been overseas in my wife's country(Indonesia), joint utilities bills are non existent when renting as they remain in the property owners name.
> Joint bank accounts are the same situation as a foreigner cannot open a bank account without a valid residency visa.
> Hardly anyone gives out invitations for parties or gatherings in both couples names unless for weddings, it's all done my social media or sms these days.


Provide copies of invitations issued via social media. We did. Provide scans of the sms messages too, for that matter. Get a statement from the landlord stating you both rent and that all utilities are included. We did not have a joint account, but we provided bank statements and outlined in different colors where we paid rent, utilities (provided copies of utility statements), groceries, doctor expenses, etc. You will need form 888s from at least 2 Australian citizens or permanent residents. As Mish already stated, make sure you have a lot of GOOD evidence, if that's the route you wish to take.


----------



## pussmercs (Oct 11, 2016)

I have a question.

I am planning to do the same thing: Apply for on-shore partner visa when I go to Oz through tourist visa (600). My question is, once my BVA starts, can I work in Oz or not? It says on the website...

"A BVA allows you to remain lawfully in Australia until a decision is made on your substantive visa application.

*If you still hold a current substantive visa when your BVA is granted, you must continue to comply with any conditions that are on that substantive visa.* When your substantive visa ends, the conditions of your BVA will apply."

From my understanding, that means I can't work coz in my tourist visa i'm not allowed to work, obviously.

Correct me if I am wrong.

Thank you


----------



## JandE (Jul 17, 2015)

pussmercs said:


> From my understanding, that means I can't work coz in my tourist visa i'm not allowed to work, obviously.
> 
> Correct me if I am wrong.
> 
> Thank you


That sounds about right. 
Do you have the no further stay condition on the 600 visa?


----------



## hotdawg (Jun 24, 2016)

*1. Provide copies of invitations issued via social media. We did.
Provide scans of the sms messages too, for that matter.
*
Nil evidence of that, invites are usually, " having a party/dinner this week, come over with --------". or not always mentioning wifes name although intention is for both. Didn't think about saving any of that sort of stuff while dating and prior to marriage. Only considering that now as I learn about requirements for visa application.

2. *Get a statement from the landlord stating you both rent and that all utilities are included. 
*
We have rental contract for house in both names mentioning those things.

*3. We did not have a joint account, but we provided bank statements and outlined in different colors where we paid rent, utilities (provided copies of utility statements), groceries, doctor expenses, etc.*

Can trace back and highlite I where I sent money and paid for for flights but but most basic bills paid cash, some shopping bills paid by my debit card but these things dont prove "joint spending". Also in Indonesian language. I dont think someone is going to pay to translate each receipt, sms etc into english when that can amount to quite alot.

*4. You will need form 888s from at least 2 Australian citizens or permanent residents. *

That won't be an issue.

*5. As Mish already stated, make sure you have a lot of GOOD evidence, if that's the route you wish to take.*

Mish is mainly referring to registered relationships and De Facto, I'm querying more about proof when already being married for several months.

If wife in Oz on tourist visa, any joint accounts with wife not possible, I assume. Same situation as being in Indonesia. If decided to apply onshore after a couple of months, not much evidence to generate in 2 months in Australia. The fact that wife is in Oz with husband is strong evidence in itself isnt it? 
ie. travelling together, staying with family etc.. Surely onshore applications are a bit easier than offshore for the reasons just mentioned aren't they? Not to mention pregnancy also.


----------



## JandE (Jul 17, 2015)

hotdawg said:


> If wife in Oz on tourist visa, any joint accounts with wife not possible.


You can try for a joint account while on a tourist visa. 
We didnt get one ourselves, but she did open an NAB account in her name while on the 600 visa. I can't see why they would not do a joint one.

I did get a joint account with her in the Philippines while I was on a tourist visa there.


----------



## hotdawg (Jun 24, 2016)

JandE said:


> You can try for a joint account while on a tourist visa.
> We didnt get one ourselves, but she did open an NAB account in her name while on the 600 visa. I can't see why they would not do a joint one.
> 
> I did get a joint account with her in the Philippines while I was on a tourist visa there.


oh ok, I didn't know if that was possible for tourists to open bank accounts.


----------



## JandE (Jul 17, 2015)

hotdawg said:


> oh ok, I didn't know if that was possible for tourists to open bank accounts.


Some banks do say No. But NAB said Yes


----------



## hotdawg (Jun 24, 2016)

JandE said:


> Some banks do say No. But NAB said Yes


Ok great, If we don't have luck with my current bank, then we'll go to NAB. 
Better to set that up now anyway since she's got visa 600 multiple approved regardless of whether we decide for partner visa or not.


----------



## ampk (Sep 21, 2013)

"Hotdog" great to see your Visitor Visa with a "No Further Stay" the best result possible for you.

The banks have a time frame to take on new Overseas People before 100 points are required - just open a joint account with a few hundred bucks. 

So happy for you guys, but you owe me a xxxx mate.


----------



## LadyRogueRayne (Aug 17, 2015)

I opened one with ANZ on my ETA. Now, my partner and I are looking at a joint account with Westpac or NAB.


----------



## hotdawg (Jun 24, 2016)

ampk said:


> "Hotdog" great to see your Visitor Visa with a "No Further Stay" the best result possible for you.
> 
> The banks have a time frame to take on new Overseas People before 100 points are required - just open a joint account with a few hundred bucks.
> 
> So happy for you guys, but you owe me a xxxx mate.


No worries mate, but probably owe a few others on here as well...


----------



## hotdawg (Jun 24, 2016)

This forum has been very helpful


----------



## hotdawg (Jun 24, 2016)

Visa Expert Australia said:


> The DIBP's policy has changed about 2 years ago or so,
> 
> To apply for a visitor/tourist Visa for the purpose of to apply for a Partner visa onshore no longer be considered as none genuine visitor, in another word, it no longer a ground for visa refusal.
> 
> Since you have provide a reason for the trip on visitor's visa is to apply for partner visa onshore, then no NFS will be imposed. Logically your application likely to be refused then to impose a NFS condition.


Do you mean if people apply for tourist visa for the purpose of applying for onshore visa, it is no longer considered ground for refusal of visitor visa or onshore visa?

Can you provide your source for the DIBP policy change 2 years ago please so I can read it?

Sorry but I can't really understand what you are saying in your statement specifically the last paragraph about NFS
I think you may have misunderstood my posts, I never stated on visitor visa application the reason was to apply for onshore partner visa.I have just been seeking info and possibilities as most members in these threads have been. The reason from the beginning and always has been for the visitor/tourist for my wife was to come for a holiday to visit family and see Australia.


----------



## ampk (Sep 21, 2013)

That will be from PAM3. 

Think Visa Expert is saying that if your reason for applying for Visitor Visa is to apply for onshore Partner Visa, DIBP can not refuse your Visitor Visa anymore.

Instead they give a NFS condition.

You know what that means!!

One of the MRA's said they are not allowed to suggest Visitor Visa to onshore Partner Visa for clients. Yet some at DIBP suggest doing this but that DIBP advice means nothing if asked at the airport at immigration, by a person with different view.

That PAM3 also says:-

As a general rule, the existence of a genuine spouse or de facto relationship between the 
applicant and sponsoring partner, and/or the hardship suffered from the separation if the 
applicant were to leave, and apply for the visa, outside Australia are not, in themselves, 
compelling reasons not to apply the Schedule 3 criteria. This is because a genuine 
relationship forms the basis of all Partner visa applications, and hardship caused by 
separation, whilst it differs in degree from one case to another, is common in the Partner visa 
caseload, particularly in the offshore context where partners may be separated for extended 
periods during visa processing.


----------



## ampk (Sep 21, 2013)

hotdawg, this is from old PAM3 (Registered Migration Agents have current PAM3's they are not publically available) and why I would not apply after jumping off the plane or tell immigration on arrival intend to apply onshore Partner Visa.

Current as of 1 December 2012

The genuine visitor requirement 
Genuine visitor requirements 
It is a criterion for: 
• Tourist visa - 
• Sponsored Family Visitor visa - and

Officers should consider whether 
the *applicant is attempting to obtain the visa*: 
• *to remain in Australia for a longer period* (for example, maintain ongoing 
residence in Australia on "rolling" visitor visas) or 
• for unlawful purposes (for example, to work illegally).

Assessing whether the applicant meets the genuine visitor requirement 
In establishing whether this criterion is satisfied, relevant considerations may include, but 
are not limited to:


----------



## hotdawg (Jun 24, 2016)

ampk said:


> hotdawg, this is from old PAM3 (Registered Migration Agents have current PAM3's they are not publically available) and why I would not apply after jumping off the plane or tell immigration on arrival intend to apply onshore Partner Visa.
> 
> Current as of 1 December 2012
> 
> ...


Good info which everyone should take note.
BTW what is PAM3? I've seen it mentioned but don't understand what it is.


----------



## ampk (Sep 21, 2013)

It is the SECRET document!

It is DIBP policy on how staff are to interpret the immigration law/regulations.

In my opinion it should be available on DIBP web site.

_"The Department of Immigration and Border Protection produces its own detailed policy material to assist delegates. The Procedures Advice Manual (PAM) runs to several volumes and is regularly updated. The latest version is PAM3. In addition to PAM, the Migration Series Instructions (MSIs) provide commentary on specific aspects of the legislative scheme and are used by delegates in the decision-making process.

Policy is not legally binding on the Minister, Department of Immigration and Border Protection decision makers, or a tribunal member, but it is generally followed unless the policy itself is inconsistent with the Migration Act 1958 (Cth) or the Migration Regulations 1994 (Cth), or its application would cause an injustice in a particular case."_


----------



## hotdawg (Jun 24, 2016)

So after one gets the 820 approved, a while later when the 801 is assessed, can it still be rejected if for example not enough time is spent in Australia during the 820 phase?
Applicants can get bridging visa's to leave and come back but they will have some sort of restrictions won't they to prevent applicants from being away from Australia too long?
If BVA is used to leave, does the applicant have to apply for another visit visa to enter even though 820 has been submitted is still in process?


----------



## Mish (Jan 13, 2013)

Once the 820 is granted you don't need bridging visa's to leave. Currently the 801 can be granted anywhere in the world. I have seen people living overseas been asked for evidence/information that they intend to reside in Australia permanently.

Who knows what the future holds and if DIBP will change their view on people residing overseas.


----------



## ampk (Sep 21, 2013)

As I understand it is not time in Australia between 820 and 801 it is the relationship is still ongoing. (I asked this as was going to work in Fiji 2-4 years about now and waiting after 820 approved)

If you have 820 approved no bridging visa is required you have full travel rights.

Until 820 approved - if travel overseas required you need a different Bridging Visa a BVB.


----------



## hotdawg (Jun 24, 2016)

ampk said:


> As I understand it is not time in Australia between 820 and 801 it is the relationship is still ongoing. (I asked this as was going to work in Fiji 2-4 years about now and waiting after 820 approved)
> 
> If you have 820 approved no bridging visa is required you have full travel rights.
> 
> Until 820 approved - if travel overseas required you need a different Bridging Visa a BVB.


Ok, It's just that I read before about a further interview at 801 stage. Apparently DIBP ask what is the intention regarding life in Australia?


----------



## ampk (Sep 21, 2013)

Interview at 801 stage is not common, contact a RMA is my advise (Someone dobbed you in).


----------



## Mish (Jan 13, 2013)

Interview at 801 is rare. Usually they have had someone has dobbed them in our have not supplied enough evidence.


----------



## hotdawg (Jun 24, 2016)

ampk said:


> Interview at 801 stage is not common, contact a RMA is my advise (Someone dobbed you in).


No I don't mean DIBP asked me LOL, nothing to dob. I mean't I read on someone's post about a further interview later on when it's time for 801 to be assessed. They interviewed that person about their plans for continued life in Australia. They must be making sure that the applicant for sure intends to live in Oz before being granted "permanent residency". I guess they will look at time spent in Oz while PR was being processed etc..


----------



## MarcellusF (Nov 6, 2015)

Yeah, nah. At DIBP ain't no body got time for that.

They won't "interview" you unless they've got reason to be suspicious. They'll ask you to upload more info so they can establish that your relationship is ongoing. That's it. You won't see anyone.

Also, it doesn't matter whether you spend a lot of time over seas or not once you get your 820. You can come and go as you please on that visa, so it's irrelevant. So long as later, when they're about to approve the 801, you can show that you're still in an ongoing commited relationship to the exclusion of all others.



hotdawg said:


> No I don't mean
> DIBP asked me LOL, nothing to dob. I mean't I read on someone's post about a further interview later on when it's time for 801 to be assessed. They interviewed that person about their plans for continued life in Australia. They must be making sure that the applicant for sure intends to live in Oz before being granted "permanent residency". I guess they will look at time spent in Oz while PR was being processed etc..


----------



## hotdawg (Jun 24, 2016)

MarcellusF said:


> Yeah, nah. At DIBP ain't no body got time for that.
> 
> They won't "interview" you unless they've got reason to be suspicious. They'll ask you to upload more info so they can establish that your relationship is ongoing. That's it. You won't see anyone.
> 
> Also, it doesn't matter whether you spend a lot of time over seas or not once you get your 820. You can come and go as you please on that visa, so it's irrelevant. So long as later, when they're about to approve the 801, you can show that you're still in an ongoing committed relationship to the exclusion of all others.


Oh ok, so it's really the time from when you lodge and pay for 820 that is the critical time until the 820 gets approve? ie. When applying for BVB to exit it will be tricky as to how long the applicant can spend out of Australia?
Also when it comes to providing police check from applicant's country, how can they do it from onshore? Some countries particularly high risk Asian countries can take forever to get that and the applicant will have to go in person to different departments in their home town/city to process. Does DIBP just require an australian police check.


----------



## MarcellusF (Nov 6, 2015)

Yep, everyone get's seen to in the order that they lodged, unfortunately. You could upload everything, literally every piece of evidence they could ever ask for, and they'll still only get to it after they've seen the less organised applicants before you, haha.

As far as the BVB is concerned, I think it's up to you to prove you need it of a certain length. You have to fill out a form explaining your reasoning. eg. You're partner may need to travel for work, and if she can't it could cause financial hardship etc.They take it on a case by case basis from what I've seen.

Police check is up to the applicant. How you get it is your problem. You just have to get it. If it means applying for a BVB to fly back home and sort it, then so be it.



hotdawg said:


> Oh ok, so it's really the time from when you lodge and pay for 820 that is the critical time until the 820 gets approve? ie. When applying for BVB to exit it will be tricky as to how long the applicant can spend out of Australia?
> Also when it comes to providing police check from applicant's country, how can they do it from onshore? Some countries particularly high risk Asian countries can take forever to get that and the applicant will have to go in person to different departments in their home town/city to process. Does DIBP just require an australian police check.


----------



## Basheer (Oct 18, 2016)

Hi Everyone Is That true the waiting period for 801 visa now 12-15 moths OMG why all this whats going on as i waited for my 820 for almost 18 moths i have applied on 08/10/2014 and visa was granted on 22/4/16 this as my eligibility on 08/10/16 why all this as i do have a child 2 years old??? what next now just wait ? there's no any way to make it faster ?


----------



## Rebelchick (Apr 24, 2015)

ingy said:


> Hello, I was wondering if any of you have information regarding changing visas onshore.
> 
> I am a German citizen married to an Australian citizen, we have been living in australia for the past year and a half, and we have a baby together,I was on a work and holiday visa, after it expired I went back to my home country and applied for a visitor visa 600, and was granted for 12 months with a 6 month stay limit.
> 
> ...


Ingy, did they put a no further stay on your 600 Visa? If not, you can go ahead and file the 820 and you'll get a bridging visa.


----------



## ampk (Sep 21, 2013)

If you do not have No Further Stay condition you can apply the 820 onshore visa.

Do not leave and re enter until that first 6 months is up.

You will then be on a Bridging Visa A with full work and study rights.

If you wish to go overseas apply a BVB.

VERY different story if your current visa has a No Further Stay condition!


----------



## hotdawg (Jun 24, 2016)

ampk said:


> As I understand it is not time in Australia between 820 and 801 it is the relationship is still ongoing. (I asked this as was going to work in Fiji 2-4 years about now and waiting after 820 approved)
> 
> If you have 820 approved no bridging visa is required you have full travel rights.
> 
> Until 820 approved - if travel overseas required you need a different Bridging Visa a BVB.


Oh, I thought that your wife already had her residency. You mean she only has 820 at the moment and yet to have PR?


----------



## ampk (Sep 21, 2013)

2 years up in 5 months.

But is second time around, the last time PR was in about 2005.


----------



## SJPLP84454 (May 11, 2017)

*Can I apply for a partner 820 visa whilst in Australia on a tourist visa?*

Hi
I'm an Australian citizen. I'm married to a British citizen and we have been living together in the UK for two years, with my daughter from a previous relationship (she is an Australian citizen and is also registered as a British citizen under 18).
If my husband, my daughter and I travel to Australia with my husband travelling on a visitor's visa can we then apply for a partner visa 820 for him whilst we're there? Will he need a different type of visitor's visa because he'll be entering the country on a one way ticket? Will he/we need a certain amount of money with us to show enough to live on for the time his visa states he can be there?
Also, Am I eligible to be his sponsor if I would be claiming government benefits when we're there ( as I cannot work due to disability)??

Thanks in advance for any assistance /advice.


----------



## gary2k1234 (Nov 4, 2017)

Mish said:


> Yes the BVA will kick in after the 3 month period. Just be prepared that even with a registered relationship you need alot of evidence. With such a short relationship you will need alot of very good evidence. It is not as simple as registering the relationship.
> 
> Yes the visa does cost around $7,000. You need to make sure you have alot of evidence for that amount of money.


Hi Mish..Need your advise please. My partner has been granted tourist visa 600 which says must not arrive after 3 November 2018. The no further stay condition is not there on the visa. The stay period is 3 months from the date of each arrival.She is planning to come on 3rd December 2017 for first entry My question is - if I apply for 820 partner visa, will the bridging visa kick in only after full duration of tourist visa expires(November 2018 )or after 3 months of intial stay lapses(3 March 2018). Please advice.


----------



## gary2k1234 (Nov 4, 2017)

Ric Stacey said:


> If you lodge a valid 820 application you will immediately be granted a Bridging A Visa (BVA) which although granted will be held 'out of effect' until your current visitor visa ceases at the end of the current 6 month stay period. The BVA stays in effect until a decision is made on your 820 application. The BVA has 'nil' conditions.


Hi Ric.Would appreciate your help if you can please answer query regarding my visa condition. I am given 12 months tourist visa(600) with 3 months of max stay on each entry. Does that mean I can apply for onshore 820 visa just when my first 3 month entry is about to expire and my bridging visa is automatically kicked in or I have to wait full 12 months of tourist visa to finish for my bridging to kick in. My current visa does not have no further stay condition. Thanks


----------



## gary2k1234 (Nov 4, 2017)

hotdawg said:


> Ok so basically the visit visa 600 is cancelled out by the 820 onshore visa Bridging visa A is to enable her to lawfully stay in Oz after the 3 month visit visa is up and work also although working rights is not a priority at this point nor is it likely.
> What about if we still want to leave Australia once 820 application is done and in process, will wife need to get bridging visa B and what are the conditions of that ie. how long out of country can she be?


Hi hotdawg
I hope you can help me since we have same condition
Would appreciate your help if you can please answer query regarding my visa condition. I am given 12 months tourist visa(600) with 3 months of max stay on each entry. Does that mean I can apply for onshore 820 visa just when my first 3 month entry is about to expire and my bridging visa is automatically kicked in or I have to wait full 12 months of tourist visa to finish for my bridging to kick in. My current visa does not have no further stay condition. Thanks


----------



## tijanaoc (Mar 13, 2017)

gary2k1234 said:


> Hi hotdawg
> I hope you can help me since we have same condition
> Would appreciate your help if you can please answer query regarding my visa condition. I am given 12 months tourist visa(600) with 3 months of max stay on each entry. Does that mean I can apply for onshore 820 visa just when my first 3 month entry is about to expire and my bridging visa is automatically kicked in or I have to wait full 12 months of tourist visa to finish for my bridging to kick in. My current visa does not have no further stay condition. Thanks


If you have applied for 820 your bridging visa will kick in after your current period of stay expires (i.e. 3 months from entry).


----------



## gary2k1234 (Nov 4, 2017)

tijanaoc said:


> If you have applied for 820 your bridging visa will kick in after your current period of stay expires (i.e. 3 months from entry).


Hi Tijanaoc
Thanks for the reply. Appreciate that. Just to be clear for my understanding I am entering Australia on 2 Dec 2017 so my first 3 months will end at 2 March 2018. So if I apply for 820 during this period will my bridging automatically kick in from 3 march 2018 and I will have full work rights or I have to wait till 3 November 2018(my must not enter after date) for my bridging to take effect? Just trying to save myself from entering and exiting country after every 3 months.Thanks


----------



## tijanaoc (Mar 13, 2017)

gary2k1234 said:


> Hi Tijanaoc
> Thanks for the reply. Appreciate that. Just to be clear for my understanding I am entering Australia on 2 Dec 2017 so my first 3 months will end at 2 March 2018. So if I apply for 820 during this period will my bridging automatically kick in from 3 march 2018 and I will have full work rights or I have to wait till 3 November 2018(my must not enter after date) for my bridging to take effect? Just trying to save myself from entering and exiting country after every 3 months.Thanks


If you enter on 2nd December and apply for a partner visa before 2nd March 2018 and you don't leave the country in the meantime, then your BVA with full work rights will kick in on 3rd of March 2018.


----------



## gary2k1234 (Nov 4, 2017)

tijanaoc said:


> If you enter on 2nd December and apply for a partner visa before 2nd March 2018 and you don't leave the country in the meantime, then your BVA with full work rights will kick in on 3rd of March 2018.


Thank you. So in that case the remaining tourist visa gets cancelled if I am not wrong?


----------



## tijanaoc (Mar 13, 2017)

That's correct. You will then be on BVA. If you need to leave the country for any reason (holiday, etc) you will need to apply and be approved for a BVB before you leave. Your tourist visa will no longer be valid.


----------



## Dawgreen (Sep 30, 2017)

That's exactly what i did. Applied for my defacto when i had 8 months left on my 600 visa in July (I stretched my 600 to two years by leaving and re-entering after 11 months as i had multiple entry/exit) . got my BVA notification after a few days but that didn't start till February 2018 when my 600 ran out . I didn't fancy kicking my heels without working till February. So i cancelled my 600 and got a BVE and then had the no work / study conditions removed upon request.


----------



## d_k (Nov 8, 2017)

tijanaoc said:


> That's correct. You will then be on BVA. If you need to leave the country for any reason (holiday, etc) you will need to apply and be approved for a BVB before you leave. Your tourist visa will no longer be valid.


Hi Tijanaoc
I am in the same phase actually. I have been granted 1 year of tourist with 3 months of max stay(8503 waived off). Will my Full Work Rights kick in (through BVA)as soon as I complete first 3 months of stay(considering I apply for 820 in that time) or will have to wait full year of tourist to get over


----------



## Mania (Sep 7, 2016)

d_k said:


> Hi Tijanaoc
> I am in the same phase actually. I have been granted 1 year of tourist with 3 months of max stay(8503 waived off). Will my Full Work Rights kick in (through BVA)as soon as I complete first 3 months of stay(considering I apply for 820 in that time) or will have to wait full year of tourist to get over


If you have a visa that allows multiple entries of 3 months in a 12 month period then after 3 months in the country you will go onto a BVA. If you leave before the 3 months is up the timer will start again and need a fresh 3 months when you enter.


----------

