Applying on shore and using an agent

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Old Jun 13th 2019, 9:53 am
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Default Applying on shore and using an agent

I'll soon have been living with my Australian partner for over 12 months in a third country. I only hold a UK passport. I have the following questions:

- Can we apply for a partner visa and bridging visa on a tourist visa while in Australia, leave Australia and then come back a month later, or will that re-start the clock? I'd rather stay out of Australia and be able to work than wait unemployed
- How long does it usually take to get a right to work?
- We can easily document our relationship, and intend to get engaged, but my partner will not be fully divorced until early 2020. This might mean a prospective marriage visa may not suit us. Or will it?
- We're both public servants and don't imagine the system should be so complicated that we need a migration agent. Our case seems fairly straightforward. Does anyone have particularly good or bad experiences of doing so? I would happily save the money, but not if it's a false economy.

Views and experiences gratefully received.
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Old Jun 13th 2019, 1:34 pm
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Default Re: Applying on shore and using an agent

Originally Posted by eurobritindia
I'll soon have been living with my Australian partner for over 12 months in a third country. I only hold a UK passport. I have the following questions:

- Can we apply for a partner visa and bridging visa on a tourist visa while in Australia, leave Australia and then come back a month later, or will that re-start the clock? I'd rather stay out of Australia and be able to work than wait unemployed
- How long does it usually take to get a right to work?
- We can easily document our relationship, and intend to get engaged, but my partner will not be fully divorced until early 2020. This might mean a prospective marriage visa may not suit us. Or will it?
- We're both public servants and don't imagine the system should be so complicated that we need a migration agent. Our case seems fairly straightforward. Does anyone have particularly good or bad experiences of doing so? I would happily save the money, but not if it's a false economy.

Views and experiences gratefully received.
1. Yes you can, but this resets the clock on your visitor visa (not the processing of the partner visa)
2. As soon as your visitor visa expires (usually 3 months) and your bridging visa kicks in you can work
3. Prospective marriage is probably not a good strategy at the moment in this scenario
4. Many people can do this themselves, provided they put in the time to understand what is required. Many partner visas are refused not because the relationship doesn't exist, but because it wasn't properly documented in the application
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Old Jun 14th 2019, 5:21 am
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Default Re: Applying on shore and using an agent

Why don't you apply off shore and keep working? If you've got the evidence of the relationship that sounds like the most sensible way to go about things. Offshore visas are being processed quite a bit quicker than the onshore ones.
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Old Jun 17th 2019, 10:58 am
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Default Re: Applying on shore and using an agent

Thank you - it might be, but the timeframe is quite uncertain so it seems better to move to Australia so we can live together!
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Old Jun 17th 2019, 10:58 am
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Default Re: Applying on shore and using an agent

Thank you Paul - sound advice!
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Old Jun 18th 2019, 4:56 am
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Default Re: Applying on shore and using an agent

Originally Posted by eurobritindia
Thank you - it might be, but the timeframe is quite uncertain so it seems better to move to Australia so we can live together!
If you rock up at the border saying you are planning on being a tourist but Immigration think you may not be a bone fide tourist then you run the risk of being turned around at the border and being banned from entry for 3 years. If you're living together in a third country then the time it takes to get your visa by applying off shore shouldn't be an issue, surely, and it will be quicker than if you apply onshore. There are also other factors living in Australia on a bridging visa - if your relationship goes belly up during that time you have to leave (and given the time it takes to process on shore, that's quite a while), you may find it difficult to get work on a bridging visa, leaving the country on a bridging visa requires you to get another bridging visa which is a palaver, you're unlikely to get public service roles on a bridging visa etc

Last edited by quoll; Jun 18th 2019 at 4:58 am.
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Old Jun 18th 2019, 6:00 am
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Default Re: Applying on shore and using an agent

Originally Posted by quoll
If you rock up at the border saying you are planning on being a tourist but Immigration think you may not be a bone fide tourist then you run the risk of being turned around at the border and being banned from entry for 3 years. If you're living together in a third country then the time it takes to get your visa by applying off shore shouldn't be an issue, surely, and it will be quicker than if you apply onshore. There are also other factors living in Australia on a bridging visa - if your relationship goes belly up during that time you have to leave (and given the time it takes to process on shore, that's quite a while), you may find it difficult to get work on a bridging visa, leaving the country on a bridging visa requires you to get another bridging visa which is a palaver, you're unlikely to get public service roles on a bridging visa etc
Departmental policy is quite clear that the intention to make another application onshore is not, in itself, a reason to refuse a visitor visa: “If an applicant applies for a visitor visa but intends to make a further visa application in Australia (whether this intention is stated or not), this does not necessarily indicate that the applicant does not intend a genuine temporary stay and is not a reason in and of itself to refuse the visitor visa. If the Regulations allow an application to be made in Australia by an FA-600 visa holder in Australia, s65 delegates should not be seeking to block this pathway ... “

I agree though that the issues around spending up to 2 years on a bridging visa need to be considered. It is also true that offshore applications are generally being decided more quickly.
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