# Applying for onshore partner visa while on visitor visa



## aussie_slovak (Nov 11, 2013)

Hi Everyone

I just wanted to clarify something I've been reading about bridging visas and work restrictions in various forums.

I am from Slovakia and have come to Australia on a visitor visa 600 (business stream) with my Australian partner. Upon discovering that I was unable to obtain state nomination for a skilled visa, my partner and I decided to apply for a partner visa even though we're lacking some of the official supporting documents they ask for. We met and were living in Vietnam where almost everything for expats are done off the books and in cash, hence we're missing joint rental contract and bills etc. We did however start a joint bank account since arriving in Australia 3 months ago and have lots of photos, flights bookings etc.

Anyway, my 3 month visitor visa was ending, so I have flown back to Europe thinking that we'd apply for an offshore partner visa. We've since read that if you apply for an onshore partner visa, the applicant would be granted a bridging visa that allows them to work. 

Can someone confirm if this would be still the case for a visitor visa? We were under the impression that a bridging visa would "bridge" the conditions of my visitor visa, hence I could stay in Aus until the partner visa was processed but I wouldn't be able to work. 

We also read that not all BVA's would allow work conditions anyway. Can the work restrictions be removed even if the applicant and partner have substantial savings? The DIAC website says you need to prove financial hardship to remove work restrictions...

If anyone could provide some clarification to my situation it would be most appreciated. I'd probably consider returning to Australia, as my visitor visa is still valid and apply for the onshore partner visa if it means I could look for work while we were waiting out the processing.

Many Thanks!


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## lincsus (Jun 18, 2013)

If your visitor visa does not have "No further stay" condition attached, you can apply for an onshore partner visa. The bridging visa you get allows you to work, regardless of your financial condition.


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## CollegeGirl (Nov 10, 2012)

Yes, lincsus is 100% correct. As long as you don't have the "no further stay" condition, you can apply onshore for a partner visa, and you'll receive the Bridging Visa A. The BVA used to not allow work, but starting about a year ago they gave people on this Bridging Visa automatic full working rights.


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## aussie_slovak (Nov 11, 2013)

Thanks for the clarification. I wish we had found out about this earlier before I left the country! If I were to return on my 600 visa I'm assuming I'd have to wait another 3 month's for that to expire again before the BVA kicked in.

Also does anyone know if applying onshore, DIAC would expect stronger evidence prooving our defacto relationship? We don't have anything like a joint rental contract or bills. We only have a lease agreement from Vietnam with my partner's name on it and my police check with the same address but that's dated end July this year. We want to apply asap. Our joint account was also only a recent thing. We're hoping that explaining the situation in Vietnam the might understand the lack of official documentation.


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## eleanor (Apr 27, 2013)

this may have been spoken about be fore, but if you get one visitor visa granted with OUT the no further stay conditions, does that grantee the next visitor visa will be granted the same , with no conditions.


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## CollegeGirl (Nov 10, 2012)

aussie_slovak said:


> Thanks for the clarification. I wish we had found out about this earlier before I left the country! If I were to return on my 600 visa I'm assuming I'd have to wait another 3 month's for that to expire again before the BVA kicked in.
> 
> Also does anyone know if applying onshore, DIAC would expect stronger evidence prooving our defacto relationship? We don't have anything like a joint rental contract or bills. We only have a lease agreement from Vietnam with my partner's name on it and my police check with the same address but that's dated end July this year. We want to apply asap. Our joint account was also only a recent thing. We're hoping that explaining the situation in Vietnam the might understand the lack of official documentation.


They don't require STRONGER evidence if you apply onshore -- that doesn't change the amount of evidence you need. But you do need evidence that you've combined your finances and that you've lived together for the last 12 months. It's not necessary to have a lease together, but it is necessary to show you've lived in the same place and shared expenses over the last 12 months. If you don't have anything since July you may find that hard to do.


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## CollegeGirl (Nov 10, 2012)

And yes, you're correct about the BVA - it won't kick in until your three months are up.


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## aussie_slovak (Nov 11, 2013)

Could someone help me confirm this...

I have a valid 651 visitor visa until Mar 2014 with no conditions/restrictions. I was in Australia already from Aug-Oct and left the country after the 3 months was up with intentions of lodging our partner visa offshore. I want to now return to Australia to lodge onshore as I will be able to get a BVA with the right to work. I just want to confirm that if my 651 is still valid for another entry, there is no chance that they will change the conditions (eg. add on "no further stay") of the visa upon entry to Australia for a second time. Problem could be that we already pre-paid the offshore partner visa application fee (but have not yet applied). We will apply for a refund, however does anyone think that just a pre-payment of such a fee would ring any alarm bells with immigration at the airport that I may not be entering the country for the reasons for which a visitor visa is intended? We are assuming that this won't be an issue, but want greater certainty if I'm going to buy another flight to re-enter Australia. 

Stupid oversight by us not knowing I could've stayed on my first visit, applied onshore during that time and I would've received working rights on the BVA when my visitor visa expired. The DIBP website makes no mention of this, but I guess this this not something they want to advertise widely.


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## eleanor (Apr 27, 2013)

i have asked a similar question on here before, the answer i got was there are no grantees, if they think for one minute that you are using your visa for a quick entry they may just slap a no feather stay on it, a return air fair, a job to go back to, home to return to, all these things help them decide to give no conditions on visa, with out that its any ones guess.


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## aussie_slovak (Nov 11, 2013)

Oh really? I read in a couple of posts that Immigration can't just slap on a "no further stay" condition upon entering the country on existing/valid visas. Only if you apply for new visitor/tourist visa does the risk of getting a NFS exist. 
I really don't waste more money on a flight over if they could add the NFS on my visa. This process has already been so costly!!


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## CollegeGirl (Nov 10, 2012)

I think you're correct about that, aussie_slovak - that they don't add NFS conditions later. I'm not a migration professional, though.


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## eleanor (Apr 27, 2013)

CollegeGirl said:


> Yes, lincsus is 100% correct. As long as you don't have the "no further stay" condition, you can apply onshore for a partner visa, and you'll receive the Bridging Visa A. The BVA used to not allow work, but starting about a year ago they gave people on this Bridging Visa automatic full working rights.


i dont understand the no further stay restriction at all, there must be some sort of reason for not having that stamped on your pass port, or do you just take pot luck ,i really dont get it, why do some have it and others dont.


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## eleanor (Apr 27, 2013)

well if that is the case why are you asking, just do it, my fiance left japan with a visitors visa and when she got to Sydney they stamped her pass port with a no further stay stamp, it was her firs visit, next two there was no stamp, but that was 3 years ago, i just wish we could grantee they would do it now. and she would be here like a flash.


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## aussie_slovak (Nov 11, 2013)

That's exactly the thing we don't to happen! My current visitor visa (Business stream, which is still valid until March 2014) doesn't have the NFS attached, but we want to make sure it remains that way if I am to re-enter Australia. Was that the case for your fiance?

Have there been any cases on here where onshore partner applications have been lodged on a visitor/tourist visa without any issues? Should we wait for at least a month before we apply for the onshore visa, otherwise they might reject our application?


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## eleanor (Apr 27, 2013)

no,the first time they stamped it no further stay, next two times no stamp,but first time they stamped it when she got to Sydney, but at a guess ,if you have a visa with out restrictions until march i would say you would be ok, but i to am no expert, but the old saying on here is, if you have a window of opportunity grab it while you can, sorry thats all i can say. i know what i would do.


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## melindajackson (Oct 16, 2013)

Hi aussie_slovak,

A subclass 651 visitor visa cannot have a condition 8503 "no further stay" placed on it - this condition can't legally be put on that particular visa.

Also, conditions cannot be added to visas after the visa has been granted (not under the current law anyway) so once your visa is granted, and you have the visa grant notice with the conditions on it, the DIBP or border control officials can't just decide otherwise.

What the DIBP often do however is place a condition 8503 "no further stay" onto a subsequent visitor visa, particularly if you did something which indicates to them that you might want to hang out here permanently - the most common is when people extend their visitor visa onshore. An extension is legally a new application and a new visitor visa - and all onshore visitor visas can have condition 8503 if the DIBP wishes (regardless of whether you are from Europe on an eVisitor, an ETA or any other electronic visitor visa). 

So for people with a multiple entry, flexible visa such as these electronic ones mentioned, be careful of 'buying time' in Australia by extending your visitor visa. It is easier and safer to travel overseas and return for another 3 months as this means you have the same visa, with the same conditions.

Hope this helps.
Melinda 

Melinda Jackson
Partner 
MARN: 1175135
Hanna Jackson Lawyers


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## eleanor (Apr 27, 2013)

melindajackson said:


> Hi aussie_slovak,
> 
> A subclass 651 visitor visa cannot have a condition 8503 "no further stay" placed on it - this condition can't legally be put on that particular visa.
> 
> ...


the first time my fiance came to australia she got her visitors visa in japan, when she got to sydney they called her aside and stamped her visa with a no further stay stamp that was 3 years ago.


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## CollegeGirl (Nov 10, 2012)

eleanor said:


> the first time my fiance came to australia she got her visitors visa in japan, when she got to sydney they called her aside and stamped her visa with a no further stay stamp that was 3 years ago.


Eleanor - Melinda said under _current_ laws that cannot be done. It's quite possible the law/policy has been changed in the last three years. She's the second registered migration agent I've seen say that it can no longer be done that way - so personally I would believe it. Of course, that's just my opinion.


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## eleanor (Apr 27, 2013)

CollegeGirl said:


> Eleanor - Melinda said under _current_ laws that cannot be done. It's quite possible the law/policy has been changed in the last three years. She's the second registered migration agent I've seen say that it can no longer be done that way - so personally I would believe it. Of course, that's just my opinion.


yes may be things have changed now, its hard to keep up, as long as they change for the better who's complaining lol.


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## federicrod (Apr 14, 2014)

Hi Guys, 
We will apply for Onshore Parter Visa in December but my tourist visa will expired in Feb 2015, i dont have a NFS condition. So i guess i should be granted a bridging visa right? What i am still confused about is if my bridging visa will carry the same conditions that my tourist visa until Feb, (so that means i cant work) and it will be valid with whatever new condition was granted once the tourist visa is expired?
Second question, if i leave Australia before Feb for holidays, i am technically still on a tourist visa so the Bridging visa wont be cancelled right? 
Thanks for your help!


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## CollegeGirl (Nov 10, 2012)

Your bridging visa A will be GRANTED as soon as you apply for your partner visa in December, but it will not actually ACTIVATE (kick in) until your tourist visa expires in February. You are bound by the conditions of your tourist visa until it expires. Once it expires, the BVA kicks in and you will have full work and travel rights.

As far as traveling for holidays - it all depends on when you leave and when you return. The bridging visa will be cancelled if you leave the country after it's granted and before it's activated, but if you're going to be back in the country BEFORE your tourist visa expires it will be easy to get the bridging visa reinstated with Immi once you're back onshore. If you're going to be out of the country AFTER your tourist visa expires, you'll want to apply for and get a Bridging Visa B before you travel instead.


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## federicrod (Apr 14, 2014)

Hi!! thanks so much for that information, everything makes more sence now!!
Cheers


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## rose mary (Jan 16, 2014)

Can I sponsor my boyf if I get Money from centrelink ?


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## rose mary (Jan 16, 2014)

Can I sponsor my husband as partner visa while I get money from centrelink ?


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## CollegeGirl (Nov 10, 2012)

Yes, rose mary, you can, but you may want to figure out first if he is your boyfriend or your husband, hee hee.


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## rose mary (Jan 16, 2014)

Thx a lot for ur reply .xxxooo


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## federicrod (Apr 14, 2014)

Hi! i have another question, i am confused about when is my bridging visa gonna kick in, cause my visitor visa expires on the 21 st of Feb 2015, but it state on the stay period ''12 month(s) from the date of each arrival'', so if i get into the country in december does it mean that my visa will be valid until december 2015? so when is my bridging visa kicked in? Feb or Dec? it is a huge diference! 
Thanks!!


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## starlight (Mar 29, 2014)

Your bridging visa kicks in after the three month period i.e. you get into the country in December and apply within three months, your bridging visa kicks in after the first three months of your stay.


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## Mish (Jan 13, 2013)

I would double check with a migration agent - you can post in "Ask Mark!".


Usually on the forum we see people with a 12 month tourist visa but max stay of 3 months. If you have a 12 month visa with max stay of 12 months (ie. You don't need to leave after 3 months) then the BVA would not kick in until the tourist visa expires which in your case is 12 months. But like I said double check on that one.


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## Keng (Jan 20, 2015)

Hello,

I am a holder of an Australia Visa Sub-class 600 and it DOES NOT HAVE a condition of " 8503-No Further Stay". It allows me to stay in Australia for 3 months. I am from Philippines, and my country is on the high-risk list. I have a girlfriend here and she is a citizen in Australia.

Our long distance relationship started last January 2014 and we met in July 2014 she visited me in the Philippines. and I visited her here in Melbourne last October 2014 now where living together for more than 3 months. We decided to apply for a partner visa before my Visa 600 ends in April 2015. 

Question:

1. Can I apply onshore for partner visa even if we have not living together for 12 months?

Our proof of relationship.
>calls, video calls, letters and emails since January 2014
>travel together and pictures with Family and Friends in the Philippines since July 2014
>Joint Bank accts since I got here last October 2014
>Letters from banks, companies etc showing we lived together.
>Travel together (Cinemas, restaurant, hotels)
>Relationship Certificate issued in Melbourne (January 2015)

please someone help me thank you.


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## Keng (Jan 20, 2015)

Hello,

I am a holder of an Australia Visa Sub-class 600 and it DOES NOT HAVE a condition of " 8503-No Further Stay". It allows me to stay in Australia for 3 months. I am from Philippines, and my country is on the high-risk list. I have a girlfriend here and she is a citizen in Australia.

I been granted to extent my tourist visa for another 3 months til April 2015

Our long distance relationship started last January 2014 and we met in July 2014 she visited me in the Philippines. and I visited her here in Melbourne last October 2014 now where living together for more than 3 months. We decided to apply for a partner visa before my Visa 600 ends in April 2015. 

Question:

1. Can I apply onshore for partner visa even if we have not living together for 12 months?

Our proof of relationship.
>calls, video calls, letters and emails since January 2014
>travel together and pictures with Family and Friends in the Philippines since July 2014
>Joint Bank accts since I got here last October 2014
>Letters from banks, companies etc showing we lived together.
>Travel together (Cinemas, restaurant, hotels)
>Relationship Certificate issued in Melbourne (January 2015)

please someone help me thank you.


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## Libragirl (Sep 3, 2014)

Applying partner visa on de facto ground they require 12 months of living together. If you haven't, try to read the Partner Migration booklet all the information is there. 

Hope this helps


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## Mish (Jan 13, 2013)

Keng

You cannot apply for de facto unless you have 12 months living together or have registered the relationship with BDM.

I saw from a previous post of yours that you live in Melbourne. Please be aware that Victoria has a requirement that you have to be living in Victoria for 12 months.

Therefore unless you can somehow get your relationship registered in Victoria you will not be able to apply in April unless you get married first.


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## faddy (Apr 6, 2015)

*need a lil guidance*

dear All
i am an australian resident, came to australia in 2014, but due to brother's wedding and other family issues came bak to my country in december 2014. now i am in my native country. i m married with 1 son who is 1.5 years old. at the time of application i didnt apply for them. Now i wish to apply for partner visa, but since processing time for partner visa is too long i wish to take my wife n son on a visit visa and once in australia i can lodge her spouse visa. 
1) if her visitor visa is not stamped with "NFS" can she leagally apply for spouse visa?
2) will i have to apply separate visa for my son , some kind of family visa or will he be granted visa as a minor on my wife spouse visa application ?
3) if she gives birth to our second child while in australia be it on visitor visa or a bridging visa, will she get the medical facility as my wife , since i m already a resident ?

would be grateful to all of u for ur kind reply. 
regards 
faddy


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## Maggie-May24 (Jul 24, 2011)

1) Yes, you can legally do this
2) No, your son would be a dependent on your wife's visa application
3) Your wife would have eligibility for Medicare once her partner visa application is lodged.


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## Tryme5 (Feb 22, 2015)

And for your wife's dependent child ... You will need form 1229, from other parent .. Don't miss that... It costed me 8 months waiting.


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## Mish (Jan 13, 2013)

Tryme5 said:


> And for your wife's dependent child ... You will need form 1229, from other parent .. Don't miss that... It costed me 8 months waiting.


He won't need it ... the sponsor is the father.


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