Which visa to apply for

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Old Aug 17th 2018, 4:50 pm
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Default Which visa to apply for

I posted a while back about the offshore partner visa (my husband is Australian and our children now have citizenship). However, our situation has changed and we may now be looking at going to Australia a lot sooner. He has the possibility of a job and may end up going out in the next few weeks with us following later this year. So my question is what visa I will need to get into Australia so that I can then apply for the onshore partner visa?? Would it be a tourist visa, followed by the onshore (with a bridging visa while I wait)? Any advice greatly appreciated, thank you.
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Old Aug 17th 2018, 4:53 pm
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Default Re: Which visa to apply for

If you’re a British citizen a subclass 651 would get you onshore then it’s just a matter of lodging your onshore partner application.
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Old Aug 19th 2018, 5:24 am
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Default Re: Which visa to apply for

You should though be aware that on landing, if immigration consider you are not a genuine tourist - which you wouldn't be - they can refuse entry and I have seen this happen more than once
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Old Aug 19th 2018, 8:27 am
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Default Re: Which visa to apply for

Originally Posted by verystormy
You should though be aware that on landing, if immigration consider you are not a genuine tourist - which you wouldn't be - they can refuse entry and I have seen this happen more than once
Using a Smartgate tends to eliminate this problem.
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Old Aug 19th 2018, 8:27 am
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Default Re: Which visa to apply for

Thanks both for the replies. So it looks like a tourist visa is my only option then and I’ll have to hope they let me in. I’d be flying in with our 3 children who will all have Australian passports and obviously my husband would already be there. All of that makes it look obvious what our intentions are so I’m slightly concerned now. Im assuming I’d have to show proof of a return flight too?
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Old Aug 19th 2018, 8:29 am
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Default Re: Which visa to apply for

Originally Posted by BritInParis
Using a Smartgate tends to eliminate this problem.
What’s a Smartgate??
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Old Aug 19th 2018, 8:45 am
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Default Re: Which visa to apply for

Originally Posted by Lelliott75

What’s a Smartgate??
https://www.homeaffairs.gov.au/trav/...teor-epassport
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Old Aug 19th 2018, 8:57 am
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Default Re: Which visa to apply for

Originally Posted by Lelliott75

What’s a Smartgate??
I don't think you can use it wth kids.
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Old Aug 19th 2018, 9:01 am
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Default Re: Which visa to apply for

Originally Posted by Pollyana
I don't think you can use it wth kids.
I’ve just looked at the link and you’re right - I wouldn’t be able to use it with the kids 😖
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Old Aug 19th 2018, 9:32 am
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Default Re: Which visa to apply for

Originally Posted by Lelliott75

I’ve just looked at the link and you’re right - I wouldn’t be able to use it with the kids 😖
That would depend on their ages.
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Old Aug 19th 2018, 12:24 pm
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Default Re: Which visa to apply for

Originally Posted by BritInParis
That would depend on their ages.
Primary school age I think, by previous posts,
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Old Aug 19th 2018, 1:04 pm
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Default Re: Which visa to apply for

Originally Posted by Pollyana
Primary school age I think, by previous posts,
Under 10 years old is a no-go although I suppose the father could always escort the children through the regular line whilst the OP goes through the Smartgate.
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Old Aug 19th 2018, 2:09 pm
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Default Re: Which visa to apply for

Originally Posted by Pollyana
Primary school age I think, by previous posts,
Yes, they’re all primary school age so no good for them. We’ll have to investigate further and try and work something out.
Is it really that much of an issue to go over on one visa with the intention of applying for a partner visa??!
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Old Aug 19th 2018, 2:14 pm
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Default Re: Which visa to apply for

Originally Posted by Lelliott75

Yes, they’re all primary school age so no good for them. We’ll have to investigate further and try and work something out.
Is it really that much of an issue to go over on one visa with the intention of applying for a partner visa??!
It is in the eyes of Home Affairs, because they want you to apply for what they see as the "right" visa, straight away. In your situation, they would see the "right" visa as the 309/100 Offshore Partner Visa, and they would expect you to wait offshore for the grant.
However, if your family decide to holiday in Australia, and then you change your mind once onshore and decide that you want to stay after all, you can apply for the 820/801 Onshore.

Its all about your "intentions" when arriving. If you "intend" to leave again, then the tourist visa is fine, except that you then have to convince the Immigration staff that it really IS your intent.
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Old Aug 20th 2018, 9:35 am
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Default Re: Which visa to apply for

Originally Posted by Pollyana
It is in the eyes of Home Affairs, because they want you to apply for what they see as the "right" visa, straight away. In your situation, they would see the "right" visa as the 309/100 Offshore Partner Visa, and they would expect you to wait offshore for the grant.
However, if your family decide to holiday in Australia, and then you change your mind once onshore and decide that you want to stay after all, you can apply for the 820/801 Onshore.

Its all about your "intentions" when arriving. If you "intend" to leave again, then the tourist visa is fine, except that you then have to convince the Immigration staff that it really IS your intent.
Oh right, I see. I would have continued with my offshore application if the processing time hadn’t suddeny shot up. I just can’t risk waiting for a year or longer before myself and the kids see their Dad again 🙁 Thanks for all the info though - it’s good to know. Hopefully we can sort something out.
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