# apply Partner Visa in Aus on Visitor Visa



## DoubleTree (Jul 29, 2014)

Hi everyone, first post here 

My wife has just been granted a vistor visa for Australia, lets her stay for one month upon arrival. It *does not* have the condition "No Further Stay".

Question 1

I'm pretty sure, that upon arrival in Sydney she can lodge a 820/801 partner visa form. Is my thinking correct?

Question 2

Say she arrives and lodges the partner visa form. What does she do next?

She could extend her tourist visa but is this the right thing to do? Say they gave her an extension but then added the condition "no further stay", what then?

I'm totally confused, please help


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## demig (Jul 29, 2014)

Hi,

First I congratulate you that your wife is now with you in Australia.

Answer to Question 1

I believe that if you are an Australian citizen and not limited from sponsorship, then generally you can apply for your wife as soon as possible (within her visa period). So answer to Question 1 is YES

Question 2

Once she applies she does NOT have to do anything as she will be granted a Bridging Visa which allows her to remain in Australia for as long as it takes until her visa application is finalised. Generally she can also work on this Bridging Visa. If not, then an application can be made to allow her work rights on the Bridging Visa.

So I don't think your wife should have to extend her visa.

Good Luck!


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## DoubleTree (Jul 29, 2014)

thanks demig for that quick reply and your answers to my questions.

Actually we are both in the UK at the moment and don't plan to go until late, September but I don't think that makes a difference. (I am of course Australian)

One more question.

Q 3. Does she have to apply for the bridging visa or do they just grant it automatically when they receive the 820/801 partner visa application?


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## demig (Jul 29, 2014)

You are Welcome.

She will not need to apply separately. If she lodges a valid 820/801, then the Bridging Visa should be granted automatically upon lodgement.

Hope this clears your question.


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## aussiesteve (Mar 16, 2012)

DoubleTree said:


> thanks demig for that quick reply and your answers to my questions.
> 
> Actually we are both in the UK at the moment and don't plan to go until late, September but I don't think that makes a difference. (I am of course Australian)
> 
> ...


Hi
A bridging visa will be issued immediately if you apply on line.
BUT be warned if you are coming from the UK remember to bring every piece of evidence you can to substantiate your relationship, shared bank accounts, leases, deeds etc.
Remember just being married is not enough.
Read the posts of others here who have gone done the same path and note the type of evidence they were able to provide.


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## DoubleTree (Jul 29, 2014)

thanks AussieSteve

Q) So the Bridging Visa is only issued immediately if the application is online? What happens if we apply by post?

I did not realize that a partner 820/801 could be applied online, I thought they had to be done by post? I assume the fact that she will enter on a Tourist Visa makes no difference if she can apply online or by post?

I have 2 months here in the UK to get all relevant paperwork sorted out. also my wife is Thai so we will be stopping in Thailand along the way to get additional paperwork from there.

Q) Also, since her tourist visa is only for one month, she will need to get a medical health check pretty quickly after arriving in Australia, this may be a problem in such a short time frame so I will need to look closely into this.


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## aussiesteve (Mar 16, 2012)

DoubleTree said:


> thanks AussieSteve
> 
> Q) So the Bridging Visa is only issued immediately if the application is online? What happens if we apply by post?
> 
> ...


Hi DoubleTree
I pretty sure you can apply online if I am wrong I am sure others here will correct me.
If you submit a paper application there will be a longer delay in receiving your bridging visa.
I your wife being a thai may throw a spanner in the works as to the paper work required.
There is no need to get any medicals until they are requested.
As I said in my previous post make sure you assemble as much evidence as possible regarding the length and depth of your relationship as your wife comes from a high risk country.


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## DoubleTree (Jul 29, 2014)

thanks once more AussieSteve

Q) So the 820/801 is submitted in Australia without the health medical examination? Then they will contact her some time in the future and ask her to take a health medical examination? Is this correct?

I would just like to add how grateful I am for the swift informative reply's provided by the ever useful people on this forum


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## DoubleTree (Jul 29, 2014)

Now I'm confused...

It says on the Partner Migration booklet, page 20. under 'if you apply in Australia', that

"If possible, you should visit Medibank Health Solutions for your medical examination before you lodge your Partner visa application"

For my understanding it is not clear what to do, get the medical first then send application or send application and wait for them to ask my wife to get a medical?


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## DoubleTree (Jul 29, 2014)

also its says in fact sheet 22. on the immi website that

"All applicants for permanent visas, including the main applicant, partner and any dependants, must be assessed against the health requirement. *Even if the applicant's partner and dependants are not included in the visa application, they must still be assessed against the health requirement*."

Q) So, I as the partner, even though I'm Australian and not included in the visa application, I also have to take a medical?


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## aussiesteve (Mar 16, 2012)

DoubleTree said:


> also its says in fact sheet 22. on the immi website that
> 
> "All applicants for permanent visas, including the main applicant, partner and any dependants, must be assessed against the health requirement. Even if the applicant's partner and dependants are not included in the visa application, they must still be assessed against the health requirement."
> 
> Q) So, I as the partner, even though I'm Australian and not included in the visa application, I also have to take a medical?


I would wait as you need to have a reference number for your medical exam, and it says if possible , not must .
No you as an Australian don't have to have an exam , but if your wife has any children they must have an exam even if they are not immigrating.


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## CollegeGirl (Nov 10, 2012)

DoubleTree said:


> Hi everyone, first post here
> 
> My wife has just been granted a vistor visa for Australia, lets her stay for one month upon arrival. It *does not* have the condition "No Further Stay".
> 
> ...


You'll want to make sure you're lodging way more than just the Partner Visa FORMS. You'll need lots of evidence, too. You'll probably want to apply online so she gets her Bridging Visa quickly. If you decide to file by paper application, you'll have to get everything together quickly, as you'll need to submit it at least two weeks before the end of her tourist visa stay to ensure she gets her Bridging Visa in time.

Once she lodges her application, she has nothing to do but sit back and wait until it's ready (well, and do her medicals and police checks. You won't be able to get these done in advance in the time you have, and that's perfectly okay. While the Immi website suggests doing medicals in advance, it's absolutely not mandatory to do so - you can successfully lodge a partner visa application and do them later and there's no problem with this. Or you can wait until the CO asks for them several months in. Your choice.).

Do keep in mind that the purpose of a tourist visa is NOT to lodge another visa, and they may be strict about this at the border since your wife is from a high-risk country. I would highly, highly suggest making the purpose of your trip with your wife a HOLIDAY together. Once she's on holiday in Australia, THEN you can decide to file a partner visa application, and there's nothing preventing that. Since she will be a tourist while coming into Australia, she should have items with her which indicate that - brochures or itineraries or printouts about places you want to go together during your month of holiday. Since she's a tourist, she shouldn't have a load of papers with her that are obviously evidence for the purpose of applying for a partner visa. Perhaps you've already scanned certain things in and saved them online somewhere for later access, or they're on your laptop just labeled as "Bank Statements" or whatever each item is - not labelled something like "Spouse Visa Evidence."

The point here is that you should not EVER lie to Immigration - you want to genuinely be tourists, so that if they ask her she can answer them honestly. Then later you can decide to apply for a partner visa. I know it seems ridiculous, but they really do care about what her intention is when she comes into the country, and you want to make sure she's a genuine tourist.


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## CollegeGirl (Nov 10, 2012)

DoubleTree said:


> thanks AussieSteve
> 
> Q) So the Bridging Visa is only issued immediately if the application is online? What happens if we apply by post?


It takes about one to two weeks.



> I did not realize that a partner 820/801 could be applied online, I thought they had to be done by post? I assume the fact that she will enter on a Tourist Visa makes no difference if she can apply online or by post?


Nope, they can be done online now, and that option has been available for several months. She can apply either way, but online is better, in my opinion.



> I have 2 months here in the UK to get all relevant paperwork sorted out. also my wife is Thai so we will be stopping in Thailand along the way to get additional paperwork from there.


Like I said, be REALLY CAREFUL about what you are carrying with you. If they suspect she's there to apply for a partner visa, they may not let her in to the country and tell her she has to apply offshore instead.



> Q) Also, since her tourist visa is only for one month, she will need to get a medical health check pretty quickly after arriving in Australia, this may be a problem in such a short time frame so I will need to look closely into this.


Like I said - it's fine to do the medical AFTER lodging. You definitely don't want to do it before she comes to Australia, and a month might not be enough time to get one done.


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## CollegeGirl (Nov 10, 2012)

DoubleTree said:


> also its says in fact sheet 22. on the immi website that
> 
> "All applicants for permanent visas, including the main applicant, partner and any dependants, must be assessed against the health requirement. *Even if the applicant's partner and dependants are not included in the visa application, they must still be assessed against the health requirement*."
> 
> Q) So, I as the partner, even though I'm Australian and not included in the visa application, I also have to take a medical?


The majority of permanent visas are for skilled applicants, not partner visa applicants. With these families, neither is Australian, and both partners must do medical checks. This paragraph is written from that perspective. You, as an Australian, absolutely do NOT require a medical check. If your wife has any children, whether they are migrating or not migrating, if they are not Aussie citizens or eligible to be Aussie citizens (i.e., if they're from a previous relationship of hers), they will require medical checks.


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## DoubleTree (Jul 29, 2014)

Hi CollegeGirl

Thanks for the comments and great advice, its really appreciated. I see now that the medical can be done after the submission of the 820/801 forms.

Totally understand about all the evidence, I have two months to collect that, and no doubt will be asking more question on these forums along the way.



CollegeGirl said:


> Once she lodges her application, she has nothing to do but sit back and wait until it's ready (well, and do her medicals and police checks. You won't be able to get these done in advance in the time you have,


For police checks, my view is to do these in advance. My thinking (and correct me if I'm wrong) is that my wife would need to get a UK (shes a UK permanent resident) and Thailand police check and it would be impractical to get them done while in Aus.

That is a great point about carrying documents indicating applying for 820/801! Totally agree immigration may not be happy if they opened her bag at the airport and saw that! I do understand, I feel like I'm cheating the system a little bit. Our intention was to go for a three month holiday and she would then leave the country and apply for partner visa outside Aus, that was the plan.

I expected them to put the condition "No further stay" on her tourist visa, and was a bit shocked when they did not. Since they have not, for what ever reason is beyond me, she can apply for 820/801. It was not intentional on our part, we assumed "No further stay" would be on the conditions, they didn't put it, so she will apply as technically she is allowed to. Like I say I feel like I'm cheating the system a little bit.

Anyhow, thank you College girl for all your valuable advice, its very useful, you are a very helpful person


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## CollegeGirl (Nov 10, 2012)

You are so welcome! Yeah, no problems with doing them in advance. It's unlikely, though possible, that they'd ask for them again before granting.


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