# Travel restrictions exemption



## Queendalyne (Jan 10, 2020)

Hello All, 
Please, I applied for a partner visa (309) last year April 2019. The processing time showed 13-17 months. I attached all the necessary documents and health reports and none was referred back neither have I been asked for further documents. 
My husband and I are in the same country at the moment (Africa). Although, he already received his PR in 2018 and has been waiting for mine to be out..
Now processing time for partner visa has been extended to 22 months. 
I tried applying for the travel restriction exemption on compassionate immediate family grounds because we are most willing to travel to AU and start our lives but I was denied. Any advise please on what else I can do? Or how to Reapply for the travel exemption?


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## JandE (Jul 17, 2015)

Queendalyne said:


> Hello All,
> Please, I applied for a partner visa (309) last year April 2019. The processing time showed 13-17 months. I attached all the necessary documents and health reports and none was referred back neither have I been asked for further documents.
> My husband and I are in the same country at the moment (Africa). Although, he already received his PR in 2018 and has been waiting for mine to be out..
> Now processing time for partner visa has been extended to 22 months.
> I tried applying for the travel restriction exemption on compassionate immediate family grounds because we are most willing to travel to AU and start our lives but I was denied. Any advise please on what else I can do? Or how to Reapply for the travel exemption?


Normally you need to prove that being seperated from your partner is creating sufficient compassionate grounds to be permitted a travel exemption to be with your partner.

The coronavirus situation is causing many offshore applications to be delayed, to reduce the numbers entering Australia.


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## cookbarry (Aug 21, 2014)

JandE said:


> Normally you need to prove that being seperated from your partner is creating sufficient compassionate grounds to be permitted a travel exemption to be with your partner.
> 
> The coronavirus situation is causing many offshore applications to be delayed, to reduce the numbers entering Australia.


regarding this matter , I am not clear how the 3rd paragraph in text below from OZ government website relates to as it seems to say one does not ned a visa to enter if one can prove marriage is genuine . I would welcome your comments as I must 
have misunderstood . Thanking you .
Partner (subclasses 100, 309, 801, 820) and Child (subclasses 101, 102, 445) visa holders can come to Australia. You do not need to request an exemption to Australia's travel restrictions.

Prospective Marriage (subclass 300) visa holders can't come to Australia at the moment.

If you hold another type of temporary visa or do not yet hold a valid visa for Australia, you must provide proof of your relationship (such as your marriage certificate, evidence of your de-facto relationship such as shared finances or property, your birth certificate or birth certificate for your children) to the Department before you travel to Australia. Do not travel until we advise that you can.

For information about providing proof of your relationship refer to Evidence of relationshi


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## JandE (Jul 17, 2015)

cookbarry said:


> regarding this matter , I am not clear how the 3rd paragraph in text below from OZ government website relates to as it seems to say one does not ned a visa to enter if one can prove marriage is genuine . I would welcome your comments as I must
> have misunderstood . Thanking you .
> Partner (subclasses 100, 309, 801, 820) and Child (subclasses 101, 102, 445) visa holders can come to Australia. You do not need to request an exemption to Australia's travel restrictions.
> 
> ...


This page, relating to "Immediate family of an Australian citizen or permanent resident" https://covid19.homeaffairs.gov.au/immediate-family-australian-citizen-or-permanent-resident#toc-2 says:

_You can't come to Australia until you have a visa. Apply for a visa and include proof of your relationship (such as your marriage certificate, your birth certificate or birth certificate for your children)._

It does appear confusing, but I would expect that a visa of some sort is essential, with an exemption where required.


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## cookbarry (Aug 21, 2014)

thanks so much for responding . So are you saying that it means applying in usual way for an offshore partner visa which takes ages and hence no chance of being together in OZ for a long time until visa processed ? I had thought it was a shortcut to enable a couple to live together in OZ ! ( wry smile).


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## JandE (Jul 17, 2015)

cookbarry said:


> thanks so much for responding . So are you saying that it means applying in usual way for an offshore partner visa which takes ages and hence no chance of being together in OZ for a long time until visa processed ? I had thought it was a shortcut to enable a couple to live together in OZ ! ( wry smile).


The way that I read it was that they would allow some exemptions, for some people with compelling and or compassionate reasons to rejoin their partner in Australia. And that those reasons would be over and above the normal desire to rejoin or join their new partner.

I have seen some partner visa applicants get a visitor visa with an exemption. They still wait for their partner visa, but can at least be with their partner.

If people hadn't applied for a partner visa before, then it seems obvious that they just join the normal queue.


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## cookbarry (Aug 21, 2014)

thanks a lot for clarification and it would be normal queue for a visa in our case which at my age is a real problem although still in good health ( wry smile ) . The only way is for me to return to OZ when safe to do so and my fiancee or maybe wife by then to apply for a visitor visa but aussie government against none EU partners and even that could be denied . For EU citizens , it is an easy process and granted automatically online . We will just have to put up with the $3000 quarantine fee a few times which is 
very irritating . Quarantine in UK for arrivals but no fee and many more covid 19 cases here with deaths now near 50,000 mark officially ! thanks again for your help . oh, do you happen to know if some people arriving on a visitor visa can still apply in OZ for the onshore partner application although a mystery to me how they could do it just by arguing that their partner had arrived with intention to return but changed mind ? I recall it can not be done if visa has a condition " no further visa allowed" in it ,


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