Spouse Visa Thread continued - 2012-2014
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Re: Spouse Visa Thread continued - 2012-2014
Is it possible to arrive in Australia on a 3 month evisitor visa & then apply for a partner visa before the evisitor visa expires? The person in question is a UK citizen, married to an Australian permanent resident. Obviously ideally the partner visa would have been applied for prior to leaving the UK, but as a close family member in Australia is due to have a baby shortly, the person in question is keen to be in Australia sooner rather than later. Is there a chance the evisitor visa could have a "no further stay" condition imposed on it?
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Re: Spouse Visa Thread continued - 2012-2014
Post removed, However this question was a bit different to my other thread and I thought someone on the spouse thread may have experience of doing this.
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Re: Spouse Visa Thread continued - 2012-2014
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Re: Spouse Visa Thread continued - 2012-2014
Originally Posted by donovandenese
Is it possible to arrive in Australia on a 3 month evisitor visa & then apply for a partner visa before the evisitor visa expires? The person in question is a UK citizen, married to an Australian permanent resident. Obviously ideally the partner visa would have been applied for prior to leaving the UK, but as a close family member in Australia is due to have a baby shortly, the person in question is keen to be in Australia sooner rather than later. Is there a chance the evisitor visa could have a "no further stay" condition imposed on it?
Assuming that you are talking about the same couple that are mentioned in your wn thread, then being onshore won't change the rules. The fact is that(unfortunately) the CPV/Spouse Visa rules will still apply. So unless the new partner can be legally sponsored before the evisitor visa expires, then there's no gain.
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Re: Spouse Visa Thread continued - 2012-2014
Yes there could be a no further stay imposed. No-one can predict that.
Assuming that you are talking about the same couple that are mentioned in your wn thread, then being onshore won't change the rules. The fact is that(unfortunately) the CPV/Spouse Visa rules will still apply. So unless the new partner can be legally sponsored before the evisitor visa expires, then there's no gain.
Assuming that you are talking about the same couple that are mentioned in your wn thread, then being onshore won't change the rules. The fact is that(unfortunately) the CPV/Spouse Visa rules will still apply. So unless the new partner can be legally sponsored before the evisitor visa expires, then there's no gain.
Last edited by donovandenese; Apr 23rd 2014 at 3:46 am.
#638
Re: Spouse Visa Thread continued - 2012-2014
I dont want use the agents services as i thought to be honest what we paid first stage was for completed visa,so are you saying that the agent would have lodged both applications two years ago then why does all the paper work ask for so much info,police checks etc,witnesses surely just providing some info like our proof of lease,bank stuff and a few other things like days out etc as family would be all they need?
But looking through the form it probably is very easy its just what they ask for and what they need vs if im required to need or not etc.
Some things im unsure of are:
The thing that puzzles me is the npc,from afp it says its required for visa applicant including dependents over 16 and who have lived in australia for 12 months or more since last npc,well as the agent did first part of this visa,i take we did not do a npc first time around as we lived in the uk?
And as we just came here in 1st june last year we have not been here 12 months so am puzzled if this is a requirement or not.
It also says that if we have a dependant under age of 18 as part of the application which we have as bub is part of wife's visa the sponsor which is i must also provide a npc but also says if sponsor which is i provided a clear npc at the temp visa stage of the application i will not be required to provide one,so did i do one at the temp stage of so does that mean i have to leave this or get one also.I cant remember on this and so far agent has not been willing to provide much info.
It also says:
It says about character requirement to provide an origninal overseas penal cert for any country in which we have resided cumulatively for 12 months or more since grant of the temp visa,so what is this asking for does wife already have this from first stage? would they take a copy, and would agent have this?do we apply again and how or dont need it and its just wife that needs it right?
I know she provided one from first stage of visa so its do we need to get again or not,these are probably all easy questions asked but them but we are unsure if required again and what we really need to provide to be honest.
AlsoI know i need to get two witnesses decs done on form 888,will a mate of michelle's be able to do this we have known them since arriving here in june,im sure i read 12 months should have known us,we have our cousin and aunt again but cousin is currently on holidays so running our of options.
Im taking also when we have completed our stat decs and are ready to sign,which im hoping when done online can be downloaded and printed and scanned back in that they need to be witnessed when signing,i was think i can have the same person do this as the ones doing any certified copys right?
thanks for your help.
But looking through the form it probably is very easy its just what they ask for and what they need vs if im required to need or not etc.
Some things im unsure of are:
The thing that puzzles me is the npc,from afp it says its required for visa applicant including dependents over 16 and who have lived in australia for 12 months or more since last npc,well as the agent did first part of this visa,i take we did not do a npc first time around as we lived in the uk?
And as we just came here in 1st june last year we have not been here 12 months so am puzzled if this is a requirement or not.
It also says that if we have a dependant under age of 18 as part of the application which we have as bub is part of wife's visa the sponsor which is i must also provide a npc but also says if sponsor which is i provided a clear npc at the temp visa stage of the application i will not be required to provide one,so did i do one at the temp stage of so does that mean i have to leave this or get one also.I cant remember on this and so far agent has not been willing to provide much info.
It also says:
It says about character requirement to provide an origninal overseas penal cert for any country in which we have resided cumulatively for 12 months or more since grant of the temp visa,so what is this asking for does wife already have this from first stage? would they take a copy, and would agent have this?do we apply again and how or dont need it and its just wife that needs it right?
I know she provided one from first stage of visa so its do we need to get again or not,these are probably all easy questions asked but them but we are unsure if required again and what we really need to provide to be honest.
AlsoI know i need to get two witnesses decs done on form 888,will a mate of michelle's be able to do this we have known them since arriving here in june,im sure i read 12 months should have known us,we have our cousin and aunt again but cousin is currently on holidays so running our of options.
Im taking also when we have completed our stat decs and are ready to sign,which im hoping when done online can be downloaded and printed and scanned back in that they need to be witnessed when signing,i was think i can have the same person do this as the ones doing any certified copys right?
thanks for your help.
#639
Re: Spouse Visa Thread continued - 2012-2014
I dont want use the agents services as i thought to be honest what we paid first stage was for completed visa,so are you saying that the agent would have lodged both applications two years ago then why does all the paper work ask for so much info,police checks etc,witnesses surely just providing some info like our proof of lease,bank stuff and a few other things like days out etc as family would be all they need?
But looking through the form it probably is very easy its just what they ask for and what they need vs if im required to need or not etc.
Some things im unsure of are:
The thing that puzzles me is the npc,from afp it says its required for visa applicant including dependents over 16 and who have lived in australia for 12 months or more since last npc,well as the agent did first part of this visa,i take we did not do a npc first time around as we lived in the uk?
And as we just came here in 1st june last year we have not been here 12 months so am puzzled if this is a requirement or not.
It also says that if we have a dependant under age of 18 as part of the application which we have as bub is part of wife's visa the sponsor which is i must also provide a npc but also says if sponsor which is i provided a clear npc at the temp visa stage of the application i will not be required to provide one,so did i do one at the temp stage of so does that mean i have to leave this or get one also.I cant remember on this and so far agent has not been willing to provide much info.
It also says:
It says about character requirement to provide an origninal overseas penal cert for any country in which we have resided cumulatively for 12 months or more since grant of the temp visa,so what is this asking for does wife already have this from first stage? would they take a copy, and would agent have this?do we apply again and how or dont need it and its just wife that needs it right?
I know she provided one from first stage of visa so its do we need to get again or not,these are probably all easy questions asked but them but we are unsure if required again and what we really need to provide to be honest.
AlsoI know i need to get two witnesses decs done on form 888,will a mate of michelle's be able to do this we have known them since arriving here in june,im sure i read 12 months should have known us,we have our cousin and aunt again but cousin is currently on holidays so running our of options.
Im taking also when we have completed our stat decs and are ready to sign,which im hoping when done online can be downloaded and printed and scanned back in that they need to be witnessed when signing,i was think i can have the same person do this as the ones doing any certified copys right?
thanks for your help.
But looking through the form it probably is very easy its just what they ask for and what they need vs if im required to need or not etc.
Some things im unsure of are:
The thing that puzzles me is the npc,from afp it says its required for visa applicant including dependents over 16 and who have lived in australia for 12 months or more since last npc,well as the agent did first part of this visa,i take we did not do a npc first time around as we lived in the uk?
And as we just came here in 1st june last year we have not been here 12 months so am puzzled if this is a requirement or not.
It also says that if we have a dependant under age of 18 as part of the application which we have as bub is part of wife's visa the sponsor which is i must also provide a npc but also says if sponsor which is i provided a clear npc at the temp visa stage of the application i will not be required to provide one,so did i do one at the temp stage of so does that mean i have to leave this or get one also.I cant remember on this and so far agent has not been willing to provide much info.
It also says:
It says about character requirement to provide an origninal overseas penal cert for any country in which we have resided cumulatively for 12 months or more since grant of the temp visa,so what is this asking for does wife already have this from first stage? would they take a copy, and would agent have this?do we apply again and how or dont need it and its just wife that needs it right?
I know she provided one from first stage of visa so its do we need to get again or not,these are probably all easy questions asked but them but we are unsure if required again and what we really need to provide to be honest.
AlsoI know i need to get two witnesses decs done on form 888,will a mate of michelle's be able to do this we have known them since arriving here in june,im sure i read 12 months should have known us,we have our cousin and aunt again but cousin is currently on holidays so running our of options.
Im taking also when we have completed our stat decs and are ready to sign,which im hoping when done online can be downloaded and printed and scanned back in that they need to be witnessed when signing,i was think i can have the same person do this as the ones doing any certified copys right?
thanks for your help.
#640
Re: Spouse Visa Thread continued - 2012-2014
Do you know how long it takes to get them in here?
And as i said cause she applied for her temp visa and lodged back in may 2012 and we came here on the 1st june 2013 to australia the uk one is required,us all
?or just wife and bub? it says on one page wife but with me and bub if applicable?
Bub is under 2yrs so cant see why bub would need one??
And how does one get one from uk now that im living in oz and how long does it take to get or can it all be done online and the cert emailed.
Im just trying to get my head around what is wanted here and how to get what i need.
#641
Re: Spouse Visa Thread continued - 2012-2014
Im looking at when my wife got granted her temp visa was in nov 2012,we moved here 1st june 2013 just over 6 months after grant.on a checklist form says overseas penal certs for any country which you have resided cumulatively for 12 months or more since the grant of temp visa so thinking maybe not needed?
Im thinking maybe the ones from afp will be though but then saying that we not been here 12 months just short of it but maybe best to get them,and im thinking maybe its just me and wife and bub is too young but would be needed it over certain age.
But as this is my wifes visa why would i need a police check again due to having a child or expired from her temp visa??
Im thinking maybe the ones from afp will be though but then saying that we not been here 12 months just short of it but maybe best to get them,and im thinking maybe its just me and wife and bub is too young but would be needed it over certain age.
But as this is my wifes visa why would i need a police check again due to having a child or expired from her temp visa??
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Re: Spouse Visa Thread continued - 2012-2014
Originally Posted by Brian.w
provide an origninal overseas penal cert for any country in which we have resided cumulatively for 12 months or more since grant of the temp visa
Originally Posted by Brian.w
if we have a dependant under age of 18 as part of the application which we have as bub is part of wife's visa the sponsor which is i must also provide a npc but also says if sponsor which is i provided a clear npc at the temp visa stage of the application i will not be required to provide one,so did i do one at the temp stage of so does that mean i have to leave this or get one
You can't get a police check for a baby.
I would suggest your wife submits a pcc as its very close to 12 months.
Originally Posted by Brian.w
AlsoI know i need to get two witnesses decs done on form 888,will a mate of michelle's be able to do this we have known them since arriving here in june,im sure i read 12 months should have known us,we have our cousin and aunt again but cousin is currently on holidays so running our of options.
Last edited by Pollyana; Apr 28th 2014 at 7:31 am.
#643
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Re: Spouse Visa Thread continued - 2012-2014
Rules for police checks are different at the SPouse PR stage, tbe 12 months rule does not always apply. They would only need fresh UK ones if they spent 12 months in the UK between grant of the temp spouse visa, and now.
Last edited by Pollyana; Apr 28th 2014 at 7:52 am.
#644
Re: Spouse Visa Thread continued - 2012-2014
Have you lived in a country for 12 months since the grant of the temp visa????
The answer to your question is in your own statement!
You can't get a police check for a baby.
I would suggest your wife submits a pcc as its very close to 12 months.
Any Aussie citizens or PR can do them
The answer to your question is in your own statement!
You can't get a police check for a baby.
I would suggest your wife submits a pcc as its very close to 12 months.
Any Aussie citizens or PR can do them
This is my wife's visa so as she was granted the temp visa in nov 2012 we would have been in uk about 6 months,arrived in oz june 2013.
So we lived in uk before moving to oz but it ask's if we as said about been in a country 12 months since grant of visa so yes only 6 months before arriving here,and been here since june in oz.
So i take we dont need an overseas police check then?
And what about the australian one?Are you saying to get the australian one and leave myself out and if requested get later?
Yes but i think the pr and aussie citizens need to have known you.
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Re: Spouse Visa Thread continued - 2012-2014
This is my wife's visa so as she was granted the temp visa in nov 2012 we would have been in uk about 6 months,arrived in oz june 2013.
So we lived in uk before moving to oz but it ask's if we as said about been in a country 12 months since grant of visa so yes only 6 months before arriving here,and been here since june in oz.
So i take we dont need an overseas police check then?
And what about the australian one?Are you saying to get the australian one and leave myself out and if requested get later?
Yes but i think the pr and aussie citizens need to have known you.
So we lived in uk before moving to oz but it ask's if we as said about been in a country 12 months since grant of visa so yes only 6 months before arriving here,and been here since june in oz.
So i take we dont need an overseas police check then?
And what about the australian one?Are you saying to get the australian one and leave myself out and if requested get later?
Yes but i think the pr and aussie citizens need to have known you.
You both lived in the UK for 6 months after the grant. That's less than 12 so no UK police check needed.
AFP checks.
The form states : A NPC from the AFP is required for any visa applicant (ie your wife) (including dependents) who is over 16 years of age and who has lived in Australia cumulatively for 12 months or more since their last NPC was obtained.
By the time the application goes in it will be very near to 12 months, in her shoes I would supply an AFP check to be on the safe side.
If you have included a dependent child or children (who is/are currently under the age of 18) as part of this application, the sponsor (ie you) must also provide a NPC from the AFP. If the sponsor provided a clear NPC at the temporary visa stage of the application they will not be required to provide a further NPC
Presumably you provided an AFP check at the temp stage? If not,do so now.
Stat Decs - the people writing them need to be aware f the relationship, and should have met at leasat one of you. They do not have to know both of you in person. So your friend can write a statemtn as long as they know your wife exists and they have exchanged cards/letters/phones calls etc. They don't have to be personal friends.
Again, from the DIBP letter.
Two persons aged 18 years or over, who are known to both you and your partner and who are Australian
citizens or Australian Permanent residents, should complete a statutory declaration about you and your
partner’s relationship. For this purpose, Form 888 Statutory declaration by a supporting witness relating to a
partner visa application is available from our website.
In addition to the two completed Forms 888, you should provide certified proof that your supporting
witnesses are Australian citizens or Australian permanent residents. The evidence you provide must show
the current name of the person making the declaration.