Jocie and Geoff

Can anyone help?

I am British, currently in Australia on a 12 month tourist visa with an 8503 No Further Stay condition. My fiance is an Australian citizen and we plan to live in Australia. We would like to apply for either a de facto spouse visa (we have been living together for over 12 months, so that bit's fine) or a prospective marriage visa. However, I don't want to leave Australia for up to 4 months while I wait for my application to be processed. Also, if for any reason it is delayed, I won't be able to re-enter the country as I will have 'used up' my tourist visa. Does anyone know if there is any way I may change my visa status without leaving the country given that I have the 8503 condition?

Many thanks.

JackTheLad

Here's a bit of copy and paste from DIMIA

Applying in Australia for a Permanent Visa as a Spouse, Partner or Fiancé(e)

Spouses and partners of Australian citizens, permanent residents and eligible New Zealand citizens may be able to apply for permanent migration to Australia while in Australia.

It is not possible to apply for a Prospective Marriage visa while in Australia.

If you are applying in Australia you may not be able to make a valid application or be granted a partner visa if you:

do not hold a substantive visa and have had a visa cancelled or refused since your last visit to Australia; or
do not hold a substantive visa and your previous visa has ceased; or
hold a visa with a ‘no further stay’ condition (conditions 8503, 8534 or 8535); or
hold a Sponsored Visitors visa; or
hold a Criminal Justice visa; or
have a debt to the Commonwealth of Australia

It doesn't look like you can apply for a partner visa while staying in Australia. Try posting in the immigration forum and see what your options are.

Good luck,
Mrs JTL

bondipom

Unless an agent says otherwise the no further application condition is pretty conclusively means you have to leave Australia to apply for another visa. Most partner applications at the London AHC do not take 4 months. If you front end load, ie put your passport, meds and PCCs in with your application, chances are that you will get your visa within a couple of weeks.
http://www.austimeline.com/ will give you a rough idea on how long visa apps are taking.

www.iarc.asn.au are an organisation that might be able to help otherwise I think you need an agent.

Good luck.

Pollyana

AS already said, if you have the "No further stay" clause, you will pretty much have to leave.
Even without that clause you can't apply within Aus for a Prospective Marriage Visa - its offshore only.
Re the timeline - someone in the UK got their spouse visa the other week in 9 days, so it can be very speedy.
Good luck

JAJ

A no further stay condition is non-negotiable - you need to leave Australia to make your application.

However it is possible in some circumstances to go offshore, lodge offshore, and return to Australia.

No bridging visa in this case but it might work for some - if the existing visa allows it. Visa needs to be multiple entry to allow you to come back - so check. And you can only stay up to the expiry of that visa, and needless to say being let back in is at the discretion of the immigration officer on arrival.

Get some good professional advice - contact IARC and ask them to refer you to a competent practitioner near where you live. http://www.iarc.asn.au

Jeremy

matt-and-jenny

Can't offer much advice, but we applied for a spouse visa, and it came through within 5 days. We gave loads of evidence (they commented on it!) and "front loaded" our application (provided police check and medical check before they asked for it). We did however come back to the uk for a bit and applied in the UK. Good Luck.