# Travelling to Australia on ETA while waiting for Partner Visa



## Brydstar80 (Sep 17, 2010)

Hi All, 

I'm happy to have stumbled on this website as there is so much useful info and people in similar situations. 

So, I'm an Australian living in China with my Canadian partner. We have been together for almost 3 years, having 1st met in China, then spending 1.5 years in Canada, now we are back living in China. 

We are about to apply for her visa for Australia - Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100). We plan to lodged the application here in China (Guangzhou) as this is where we reside for now. However, months ago we booked tickets to Australia for Xmas and New Year and a Family Wedding. I am concerned that once we lodge the application for her Partner Visa, that she will not be able to enter Australia on an ETA. I know many people on here say that it is ok to do so, but I wanted to find info on the Immi site that states this as fact. Does anyone know if it exists?

Also, what if we were to stay in Australia and not return to China? It says she has to be outside Oz when the visa is granted. Does this mean that she would just have to a trip outside of oz and then be able to come back in oz on her new visa?

Has anyone else has experience with applying for this Visa in China?

Thanks in advance for all your help!

Brydie


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## Wanderer (Jun 16, 2007)

You'll not actually find a direct reference on the Immi site about having one visa application being processed and using another though there are some situations discussed for skilled visas where one may already have one type of visa and be able to apply for another and you will find some indirect references even in the family stream about when and what you can do re applying for a visa.

The few golden rules you can find mentioned in various areas are in fact:
. apply for a visa offshore, you need to be offshore to have it granted
. apply for a visa onshore and it means you can be onshore and have it granted. 
. you can not apply for another onshore visa if you do not hold a substantial visa or have a substantial visa that has a No Further Stay condition on it.
So yes, some people do apply offshore and make a trip in the meantime and then duck across to NZ or wherever to allo an offshore application grant to occur.

You may also want to have your girl consider getting an ETA for just that Christmas trip and if she likes the place so much you may consider you do not really want to back to China and so with an ETA and no No Further Stay condition, she could apply for a partner visa whilst in Australia.
If she wanted to work while waiting, is she young enough to apply for a WHV to enter on and then she could apply for the partner visa while being here on that.


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## Brydstar80 (Sep 17, 2010)

Thanks for your advice! 

No, she's not young enough for the WHV visa 

How would we know when to make a trip to NZ before it's granted? I mean, what if we applied Offshore, went to oz to wait for the application to be approved...how would we know when we should duck over to NZ to wait for it to be approved? Is it a huge consequence if she's in Australia when we receive the email telling us it's been approved.


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## Wanderer (Jun 16, 2007)

You'll not receive an email in Australia saying an offshore visa has been granted but best thing to do if that's the way you're going to handle it is put the application in and hope the China Immi people do not get it going off the rails because she is Canadian, but anyway as well as clearly nominating an email for contact put in a form 1022 just before you leave to come back to Oz and notify of an address here.
An email advice will be sent to let her know a decision on the visa is imminent and she has to advise then of departure from Oz details and on flying to NZ for nominally five days, you may even find on arrival or the day after that the visa has been granted for as soon as Immi's computer system registers that an offshore applicant has left the country, it'll probably not be much more than a few computer clicks for a CO to see that and click an entry to say a partner visa is now current.
On arrival in NZ you could even ask their Immi people or an airline check in to see if the new visa shows in the system when they scan it.
There's nothing illegal with applying for an ETA for a trip you know and then deciding to do something while here.


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## Brydstar80 (Sep 17, 2010)

That's awesome news! As long as we time it right, we could enter with her on an ETA to wait out the decision. 
I was informed that here in Guangzhou, China, the waiting time is 10 months (at present). 
Thanks so much for all your help!


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## Wanderer (Jun 16, 2007)

People in Canada have been reporting much shorter times than and so you could consider sending your application to Canada, perhaps 5-6 months being possible.
I suppose you know she'll need character checks from China as well as Canada and any other country she has lived in for 12 months or more in past ten years.
I'd expect that time for processing onshore in Australia would be somewhere closer to what it may take being done in Canada but you would still want to get the China character check before leaving there for I've seen that some people have not found it so easy getting them and especially after leaving.


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## Brydstar80 (Sep 17, 2010)

The only problem with applying in Canada would be if we were asked for an interview. We can't really do that, being in China. 
Yeh, i just realised we will need a police check from China also....Ohhh, so much to get organised - it's such a long drawn out process and i haven't even really started LOL.


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## Wanderer (Jun 16, 2007)

Not everybody gets asked for interviewing and if you go ahead with submitting an application in Canada and let them know you're heading to Oz from China they could if they decide an interview is necessary arrange for that in Australia.
I just think if the people in China have quoted 10 months they're thinking of it as an application from a Chinese national.
By the time you submit an application in China you may already have moved to Oz before they're ready to do an interview there anyway and still more reason to submit it here in Oz rather than risk things becoming a bit too mixed.


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## Brydstar80 (Sep 17, 2010)

The problem with applying in oz is the price difference ($2500). Applying Offshore it's around $1700. My partner would then have to leave Oz every 3 months as the ETA is only valid for 3 months at a time. She'd also be sitting in Oz doing nothing, seeing as she can't work and I'd be working...

Do I have to provide a police check too? I didn't read anywhere that I'd have to, but i read on this forum that people have done so.


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## Brydstar80 (Sep 17, 2010)

We've just been online trying to organise a police check for my partner from Canada - a wait off at least 120 days!!! OMG... and the form needed is not downloadable...Fingers crossed we can get it at the Canadian consulate here in China.


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## Wanderer (Jun 16, 2007)

Sure the offshore visa is cheaper but then if you look at the cost of a trip over to NZ if you do not decide on returning to China, it'll about make up for the difference.
If you do decide on not returning to China she'll not be working anyway until she has a partner visa and that may come quicker than having it done in China by the sounds of things.
They are probably not viewing her as Chinese and not just but because some locals are employed by consulates/AHCs/Immi all around the planet but doing an immigration application through a third country in my book will just give greater scope for lets say interesting complexities!
And if she uses an ETA for the initial trip in and then there's a decision made not to return, she can apply onshore and not have to go anywhere.
Have you been doing some TESL and unless she has other qualifications it may be difficult initially re employment but if she does have some skills in demand other than TESL, she may even find an employer prepared to sponsor her.


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## Brydstar80 (Sep 17, 2010)

If we apply onshore, are we ok to come back to China, pack up then head back to Oz. We do definitely need to return to China after a month home and 2 weeks in Thailand. 
The other concern is that her daughter is marrying in Canada, July, 2011 and we plan to head there for a month. If her visa is not yet approved, are we ok to leave he country on a short holiday?
Yes we are both teaching ESL over here. She has a degree in Indian Social Work... should be ok finding a job once the visa is in.


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## Wanderer (Jun 16, 2007)

An ETA is multiple entry for up to three months at a time with a validity of 12 months so sounds like that would be the most convenient visa to use and easy enough explain re intended travel if quizzed on first arrival because she is arriving with a partner.
The usual thing when a person applies for an onshore visa is that they are given a bridging visa while the onshore one is processed if their initial visa reaches expiry but that will not occur if she has an ETA and that could be used for the multiple entries OK.

If you arrive pre Xmas for a month and depart for Thailand/China, the application will hardly have progressed too much given the Xmas Hols break when even some Immi staff will have Hols, but even if she was out of the country when the visa was getting near the end of consideration, it would be a case of flying back in on the ETA.
Seeing as you're intending on going back to China you ought to also leave requesting the character check from there until you are there for the last time to save any complications.
That'll not mean you could not still put in the application on the Xmas trip because medicals and character checks do not initially need to be provided.
Same re Canada trip and if the partner visa has not been progressed by then, she could still use the ETA and seeing as she'll likely have had done the character check done and the visa processing should be well advanced if not granted, she probably would not need a Canadian character check just to cover that trip but something to be checked with the CO at the time.
Re the Indian Social qualifications she ought to then look at getting an occupational assessment, there being Social Worker on the SOL - http://www.immi.gov.au/skilled/_pdf/sol-schedule3.pdf and various welfare/special needs teacher classifications as well and so with an occupational assessment and registration, there's every chance she could find an employer sponsor in the social/welfare area fairly easy, many councils often on the look out re local programs.


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## Brydstar80 (Sep 17, 2010)

I know i looked at the skilled Visa a while back, and if i looked at the correct one, i think we decided against that one because she'd be bound to work for that employer for 2 years... i could be wrong. 
I'll check it out some more now. 
By a character check from China, do you mean a letter from someone she knows here who can say she is of good character etc?


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## Brydstar80 (Sep 17, 2010)

Just looked at it a little... she has to be under 45. She is 45 right now, turning 46 in January, so it wouldn't work.


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## Wanderer (Jun 16, 2007)

There is no age limit for the employer sponsored visas but what I was suggesting that for was more so she would not be just stuck waiting for the partner visa to come through before she could work.
The employer sponsor visa is not all that expensive and she could still have the partner one applied for and if she finds there are people interested in an employer sponsor visa for her, they can go through in a couple of months, say while you're doing your Thai trip and China return so when you got back she may have a job she can start at.
A few months later when the partner visa comes through, that takes over and she can still remain with an employer if she wants to but she is not tied to an employer.
Have a look at the 457 under temporary via Visa Options - Employer Sponsored Workers - Workers - Visas & Immigration and the age restriction and two years with an employer is for the RSMS permanent residency visas but there are age exemptions with those and the ENS.
To get employment in the social work area even when on a partner visa she'll need to have her qualifications assessed/approved and probably be registered.

Re the Character check, no it's like a certificate from the police or other authorities and so sounds like you need to have a good read of the *eligibility and applying sections *under the visa, there being a good *Checklist* in the applying section to follow and *Booklet #1* is also a good read, a fair bit of reading ahead.


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## Brydstar80 (Sep 17, 2010)

Ok, so we're looking into this a little more now, so Thanks 

To get a sponsor, we'd have to start contacting agencies or social service offices to see if they'd be willing to sponsor, right?


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## Wanderer (Jun 16, 2007)

That's one approach but I was thinking if she gets her qualifications assessment which she ought to do first and has that done hopefully by the time you get over here for Xmas she may even have had the opportunity to line up some interviews or could get lucky enough to organise a couple while here though Xmas time is not so good for that.


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## Brydstar80 (Sep 17, 2010)

Got ya! Your help has been invaluable! How do you know so much info?? LOL


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## kolibri (Sep 28, 2010)

thanks for all the information. this forum has been very helpful!
i have a similar questions.
I lodged my partner visa in berlin. As it takes up to 5 months now, it will probably be granted by end of november/beginning of december. 
But we would like to move to Australia beginning of November. 
Travelling in on ETA and then leaving the country and enter again when the visa was granted seems possible and legal, but I heard some people had to send in their passports, which would make that an imposible procedure. 
what do you know about it? thank you!


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## Wanderer (Jun 16, 2007)

Sending in passports is more a service formality to allow a visa sticker to be put in a passport but visa grants are also entered into the Immi computerised data base so actual evidence of the visa in the passport is not essential and can be arranged when back in Australia.


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## kolibri (Sep 28, 2010)

thank you.


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## Brydstar80 (Sep 17, 2010)

Hey Guys,
A few more questions about the Visa App.

I'm in the process of writing my letter regarding how we met, when we started a r'ship etc. How long is TOO long for this letter? I feel like it's going to be a small story. 
Are there things I should definitely include and things i should just not bother with?

Also, we are planning on lodging the application while we are visiting Australia at xmas. We are only in Oz for a month, then will be returning to finish our contracts in China. Will we be looked upon unfavourably because we've lodged in Oz, when we are not even living there?

Any idea of the processing times for partner visas at present?


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## Brydstar80 (Sep 17, 2010)

Another Question - Given that we met in China and have only lived in China and Canada together, only my parents have spent time with us as a couple - not other aussies. Is it ok to have stat dec's from my friends / family, who can vouch for us, but who have not really spent any time with us as a couple.
Also, her kids and some of our firneds in Canada are writing stat decs for us also. Can the use the 888 form, if not what do they use?


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## aussiegirl (Dec 15, 2009)

Hi there,

First of all, if you lodge the partner visa in Australia you will also have to be in Australia when it is granted. So, it's not a good idea for you to make the application in Australia if you're going to be in China. You should lodge it in China as it will be cheaper and will take less time to be processed. Look for posts on this forum from turtlecouple, as he went through the process with his Chinese wife. It took them around 4 months or so if I'm not wrong, but that's shorter than the current time for overseas posts of 6 months or more.

Second, any statements made by non-Australians are not considered stat.decs, so they can't use the form 888. But, others on this forum have used it as a template for non-Aussies to follow. It then has to be witnessed and notorised as per the laws in their country. As long as you have at least 2 statements from Australian citizens you will meet the requirement.

Lastly, your statement about the relationship should be succinct - they want quality not quantity. Certianly, if you have a complex history and a not so straight forward case, you may need to write a long statement of 3 or more pages. But, if your relationship is nothing out of the ordinary, then about 2 seems to be the standard on this forum. In a nutshell though, it takes as many words or pages as it takes to properly show your relationship is genuine.


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## Brydstar80 (Sep 17, 2010)

My partner is Canadian and there is we are unlikely to be in China for much longer, so applying here is not really an option either. 

I thought i gathered from the wanderer that I could apply in Australia, even if i was not in the country at the time it is granted. What would happen if we weren't there?

Thanks for the info re. stat dec. good to know


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## Brydstar80 (Sep 17, 2010)

*Applying Onshore for Partner Visa but being Offshore when granted.*

So, I have a question to which i am getting different answers to.

I'm an Australian and my partner is Canadian. We are both living and working together in China.

We are going to Oz for a month over Xmas / New Year and hope to lodge our application for her Visa whilst there. We are only there for a month, at which point we will be heading back here to China.

What I want to know is, what will happen if we apply onshore, but are offshore when her visa is granted?

We don't really want to apply in China as we don't plan on being here past July/August 2011 and when I called the consulate here in China, they told me processing times were around 10 months.

Any advice or suggestions would be hugely appreciated. Would love to hear form people who have been in the same boat.

Cheers,

Bry.


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## Wanderer (Jun 16, 2007)

The onshore/offshore separation applies both to application and granting as you can see @ http://www.immi.gov.au/migrants/part...w-to-apply.htm
*If she applies while in Oz your partner will need to be in Oz for the initial grant of the TR and she can be outside of Oz for the PR part.*
Being a Canadian she ought to get an ETA just so she doe not get stuck with a No Further Stay condition on a tourist visa.
If she is queried about why an ETA on arrival, the need to return to China and perhaps a later visit will go down better than explaining the partner visa application plans.
She/you could find processing time in Oz is not going to be so much quicker either for as well as a reduction in family visas annually, when an application goes in onshore there's every chance of staff being siphoned off for resourcing other stuff but at least on returning on an ETA she can just sit out any extra time and if when a positive decision is pending, you are still in China, they will give notification and ask for advice re return and so you'll just need to see what can be negotiated if timing does not match return plans or make an extra trip back for the granting.
On putting the application in, you should advise that you will be abroad for X time and have an email for contact.
*Note:*
If applying onshore, the initial TR visa cannot be granted while someone is offshore.


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## Wanderer (Jun 16, 2007)

Brydstar80 said:


> My partner is Canadian and there is we are unlikely to be in China for much longer, so applying here is not really an option either.
> 
> I thought i gathered from the wanderer that I could apply in Australia, even if i was not in the country at the time it is granted. What would happen if we weren't there?
> 
> Thanks for the info re. stat dec. good to know


You've gathered wrong for I've always stated there is the onshore/offshore separation principle as per again in http://www.australiaforum.com/visas...ner-visa-but-being-offshore-when-granted.html
To save making a lengthy statement on your relationship, you may first want to dot point key events and then just a couple of lines on each one but if you're teaching english I'll not try and teach you on sucking eggs.


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## aussiegirl (Dec 15, 2009)

Hi Bry,

Sorry, I thought your partner was Chinese. My bad  . So, as Wanderer has further added, you have a few options to consider. It's possible to come over and lodge in Australia, but doing so on a tourist visa can be a little tricky in terms of timing and tactics, and she has to be onshore, so going off again would complicate things. 

Even if you lodge in China, as long as you give them a forwarding address as to where you can be contacted and keep them updated to your whereabouts, you could even get it in Canada if it's granted, as long as you're out of Oz.

I would suggest contacting DIAC and asking them what they think you should do. Better to get it straight from the horses mouth if you're really unsure what to do after considering the options given via this forum


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