Is it "frowned upon"?

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Old Apr 23rd 2016, 9:33 pm
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Default Is it "frowned upon"?

To 'plan' to submit your spousal visa onshore?

ie: if we plan to move there (rather than holiday), get all the paperwork etc.. ready in the UK and then move to Oz to lodge it (thus activating the bridging visa). I would obtain a visitor visa for OH however, wouldn't want to mislead immigration but can you outright say 'we're moving here and are lodging onshore but have a tourist visa in the meantime'...

is that completely utterly daft??!!

surely the return ticket that was a long time from the outbound would be a dead giveaway?

Also we would want to take our cat - so you don't take your cat on a holiday...

Unsure, just want to do the right thing - but definitely need to do onshore so OH can obtain the bridging visa to be able to look for work.

Last edited by Still Game; Apr 23rd 2016 at 10:15 pm.
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Old Apr 23rd 2016, 10:21 pm
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Default Re: Is it "frowned upon"?

Originally Posted by Still Game
To 'plan' to submit your spousal visa onshore?

ie: if we plan to move there (rather than holiday), get all the paperwork etc.. ready in the UK and then move to Oz to lodge it (thus activating the bridging visa). I would obtain a visitor visa for OH however, wouldn't want to mislead immigration but can you outright say 'we're moving here and are lodging onshore but have a tourist visa in the meantime'...

is that completely utterly daft??!!

surely the return ticket that was a long time from the outbound would be a dead giveaway?

Also we would want to take our cat - so you don't take your cat on a holiday...

Unsure, just want to do the right thing - but definitely need to do onshore so OH can obtain the bridging visa to be able to look for work.
Welllllll a tourist visa is meant to be a tourist visa, and if DIBP think you are moving permanently to Australia on the tourist visa they may refuse you entry - turning up on a one way ticket, with pets, household belongings etc and openly saying you are going to apply onshore for a Spouse Visa may well get you a refusal of entry.
I'm not even sure that shippers will move a cat (or household goods) when all you can show is a tourist visa/evisitor.

Having said that many people do come over as tourists and apply onshore - but I don't think many of them bring the cat etc.
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Old Apr 23rd 2016, 10:31 pm
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Default Re: Is it "frowned upon"?

Originally Posted by Pollyana
Having said that many people do come over as tourists and apply onshore - but I don't think many of them bring the cat etc.
Unless you're Johnny Depp!

As I thought. I just want to be open and honest but really need the bridging visa. Maybe good idea to have the cat in cattery over here and items in storage until we apply. We would have return tickets.

I guess we could go for a 1 to 2 month extended holiday anyway to see family
and then have a really big think about it. If we decided to, then apply. If we didn't, return to UK, cat out of cattery, items unpacked etc, no harm done.
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Old Apr 23rd 2016, 10:40 pm
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Default Re: Is it "frowned upon"?

Originally Posted by Still Game
Unless you're Johnny Depp!

As I thought. I just want to be open and honest but really need the bridging visa. Maybe good idea to have the cat in cattery over here and items in storage until we apply. We would have return tickets.

I guess we could go for a 1 to 2 month extended holiday anyway to see family
and then have a really big think about it. If we decided to, then apply. If we didn't, return to UK, cat out of cattery, items unpacked etc, no harm done.
A staggered move might work, I mean as an Aussie citizen you could move the cat and the goods and chattels in your name.
If your partner then came over on holiday, with the intention of going home and applying for the Spouse Visa, but then changes his mind once onshore and applies while here............. its all about the intention when entering the country, if the intention is to visit and then has a change of heart ......
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Old Apr 24th 2016, 1:11 am
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Default Re: Is it "frowned upon"?

So what's the plan then if he gets a "no further stay" condition stamped on his passport?
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Old Apr 24th 2016, 1:25 am
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Default Re: Is it "frowned upon"?

Originally Posted by Dorothy
So what's the plan then if he gets a "no further stay" condition stamped on his passport?
The husband is a British citizen so just apply for a 651 and use a SmartGate to enter Australia. No questions asked.
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Old Apr 24th 2016, 2:51 am
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Default Re: Is it "frowned upon"?

Originally Posted by Still Game
To 'plan' to submit your spousal visa onshore?

ie: if we plan to move there (rather than holiday), get all the paperwork etc.. ready in the UK and then move to Oz to lodge it (thus activating the bridging visa). I would obtain a visitor visa for OH however, wouldn't want to mislead immigration but can you outright say 'we're moving here and are lodging onshore but have a tourist visa in the meantime'...

is that completely utterly daft??!!

surely the return ticket that was a long time from the outbound would be a dead giveaway?

Also we would want to take our cat - so you don't take your cat on a holiday...

Unsure, just want to do the right thing - but definitely need to do onshore so OH can obtain the bridging visa to be able to look for work.
It is more than just frowned upon, it is definitely an incorrect use of the tourist visa and if you were to announce the intention to an immigration officer, the tourist visa holder should expect to be sent packing on the next flight out.

The question is would you be stopped by and speak to an immigration officer. It seems a lot of people have no trouble doing this in practice, but no you should not consider it as something that is allowed, it isn't allowed and so there is always that risk.
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Old Apr 24th 2016, 8:02 am
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Default Re: Is it "frowned upon"?

Ok. Thanks for input all. We'll go on holiday as planned, give it a lot of thought and make a decision after that.
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Old Apr 24th 2016, 8:30 pm
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Default Re: Is it "frowned upon"?

This was a huge worry for me when I came to Australia three years ago today. I was on a 12 month tourist visa but my intention was to apply for a partner visa just before the end of the year and keep my fingers crossed. I actually came to Australia on a one-way ticket and I explained to immigration that I did not know which country I would be going to afterwards but that overstaying was NOT an option.

As things turned out, shortly before the tourist visa expired, we popped over to Fiji for a holiday and the visa was extended for another 12 months on our return. It was squeaky-bum time at immigration when the lady asked if I was intending to stay in Australia but I told her that I was just intending to stay as long as my visa would allow me to do so legally and then head back to England. Which was true.

Anyway, 20 month in to my tourist visa I applied for my Partner visa and it was granted a twince under 15 months later.

Whilst everything worked out perfectly for us, I would not encourage anyone to take the same route. Since the tourist visa was spent gathering time for our 12 month de facto relationship, the thought of me being kicked out after a year was in our minds all the time and it was not a particularly pleasant one.

Good luck though
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