peace19

Hi all,

Currently I am PR of Australia and holding 175 Skilled Independent Visa.

My question is how long it takes to sponsor my wife ? Means in how much time she can join me in Australia?

Also, is it possible, I call her first on visit visa (to join me ASAP) and then we initiate residency process for her?

Please advise

Thanks

Bye,
Peace

Pollyana

http://www.immi.gov.au/migrants/fami...as-partner.htm

Your wife should apply for a Spouse Visa. Processing time varies depending on how complex the application is, plus each High Commission will be different as regards timelines. Most seem to be between 6 and 9 months.

peace19

Thanks Pollyana,

Is it possible that I call her Australia on Visit Visa and from inside Australia we start her Partner Visa process for PR ?


Thanks again,

Bye,
Peace

Pollyana

It might be possible, but a tourist visa is designed for tourism and if DIAC suspect she is trying to emigrate on a tourist visa they may not grant it. If she is not from a country eligible for an evisitor and has to get a full tourist visa DIAC may be suspicious at a husband sponsoring a wife just for a visit.
The "correct"way to do it is for her to apply in her home country for a Spouse Visa.

dance123

Appreciate your input Pollyana. I've got another one for you:

Let's assume DIAC lets her in on a tourist visa. If she then applies onshore spouse visa (subclass 820):

1. Will DIAC accept her application?
2. Can she remain in Australia (on some kind of bridging visa that I don't know of) until a decision is made?

teza

Yes she would be on bridging tourist visa, not allowed to work but your biggest hurdle is, can she get a tourist visa? If she is married to Oz PR, it may look like she'll stay, therefore refused the tourist visa, depending where the application is made.

StSabre

The rules changed last November - Bridging Visas issued to applicants for spouse visas have no work (or study) restrictions.

rammygirl

Many people apply in their home country, then if the processing is lengthy ask for a tourist visa to be together whilst it is processed.
Can depend but certainly UK people seem to do this OK, may be different from a HR country.
Where is your wife?

Pollyana

As rammygirl says she may not find it easy to get a toruist visa, and if she is from a high risk country the visa may come with a "No further stay"clause attached, if which case she cannot apply onshore for another visa. No way of knowing that until the tourist visa is granted but it is very commonly seen for high risk countries, especially is they suspect she may apply onshore for a Spouse Visa.


StSabre is also correct though, if she is able to apply onshore she would now be able to work while on a bridging visa, those rules have indeed changed.

Bermudashorts

You won't know the answer to that until you try. My opinion, no I doubt it will work as you appear to be from a HR country and tourist visas are harder to get and she will be seen as an over stay risk.

dance123

Now, there's at least a positive.
What if the marriage is not disclosed when she applies for tourist visa. In my case, what if she gets sponsored by her cousins as a genuine visit and once she's here, I then step in and apply for a spouse visa (assuming she doesn't get 'No further Stay' on her visa).
Yes, she's from an HR country.

Pollyana

I would assume (without seeing the form) that she may have to disclose on the tourist application form as to her marital status and whereabouts of her partner, but yes there is nothing to stop her applying to visit and then the two of you deciding once she is here that she wants to stay and apply onshore.

I think it is highly likely that she would get a No Further Stay clause on the tourist visa though.

NickyC

Do you really think that doing that is a smart idea?

It won't exactly mark her as an honest, trustworthy applicant will it? Even if she manages to get a Tourist visa, I'd have thought that applying for a spouse visa (via a secret spouse that DIAC didn't know she had ) would be inviting DIAC to scrutinise the pair of you quite thoroughly.

dance123

Secret spouse

Alright, point noted. Let me clear this fact that we aren't married yet. Secondly, please consider the following scenario:
What if she gets married whilst in Australia on a tourist visa (sponsored by cousins)?

Bermudashorts

Why don't you just do this above board? HR applicants are subject to enough scrutiny without attracting any more attention and making yourselves look dishonest.

Get married, apply for partner visa, move when you get it. That is the best way to do this for anyone, but particularly for HR applicants.