Which visa to apply for
#1
Just Joined
Thread Starter
Joined: Feb 2018
Posts: 28
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.
#2
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.
#3
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
#5
Just Joined
Thread Starter
Joined: Feb 2018
Posts: 28
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?
#8
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
#11
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
#13
Just Joined
Thread Starter
Joined: Feb 2018
Posts: 28
Re: Which visa to apply for
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??!
Is it really that much of an issue to go over on one visa with the intention of applying for a partner visa??!
#14
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Re: Which visa to apply for
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.
#15
Just Joined
Thread Starter
Joined: Feb 2018
Posts: 28
Re: Which visa to apply for
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.
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.