Spouse Visa Thread continued - 2012-2014
Jun 24th 2012, 7:36 am
#346
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Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,826
Re: Spouse Visa Circle continued - Dec 2010 onwards
Jun 24th 2012, 9:24 am
#347
Just Joined
Joined: Aug 2009
Posts: 17
Re: Spouse Visa Circle continued - Dec 2010 onwards
As far as I'm aware you can "bridge" from an ETA to a Spouse/de facto visa - though it means you remain on the conditions of the ETA as regards no working allowed, so yes you can apply onshore and remain here. If you end up in financial hardship you can apply for that clause to be waived.
You MUST make sure the application is received by DIAC before your ETA expires.
Its certainly cheaper to apply from the UK, I'm not sure about timelines onshore at present - UK ones are being granted in 5 months.
If you can get hold of all the paperwork you need and get it forwarded then I can't see an issue. You'll need UK and Aussie police checks, but those don't have to be frontloaded, they can follow on later.
You MUST make sure the application is received by DIAC before your ETA expires.
Its certainly cheaper to apply from the UK, I'm not sure about timelines onshore at present - UK ones are being granted in 5 months.
If you can get hold of all the paperwork you need and get it forwarded then I can't see an issue. You'll need UK and Aussie police checks, but those don't have to be frontloaded, they can follow on later.
I was hoping that would be the case, the clause for the financial hardship would be a real bonus if they would waiver it. I will look into that.
Daz.
Jun 25th 2012, 10:51 am
#348
Lost in BE Cyberspace
Joined: Nov 2005
Location: at the bottom of a wine glass
Posts: 28,176
Re: Spouse Visa Circle continued - Dec 2010 onwards
As far as I'm aware you can "bridge" from an ETA to a Spouse/de facto visa - though it means you remain on the conditions of the ETA as regards no working allowed, so yes you can apply onshore and remain here. If you end up in financial hardship you can apply for that clause to be waived.
You MUST make sure the application is received by DIAC before your ETA expires.
Its certainly cheaper to apply from the UK, I'm not sure about timelines onshore at present - UK ones are being granted in 5 months.
If you can get hold of all the paperwork you need and get it forwarded then I can't see an issue. You'll need UK and Aussie police checks, but those don't have to be frontloaded, they can follow on later.
You MUST make sure the application is received by DIAC before your ETA expires.
Its certainly cheaper to apply from the UK, I'm not sure about timelines onshore at present - UK ones are being granted in 5 months.
If you can get hold of all the paperwork you need and get it forwarded then I can't see an issue. You'll need UK and Aussie police checks, but those don't have to be frontloaded, they can follow on later.
Hi Daz,
This is more or less what my hubby and me have done...apply onshore for a spouse visa whilst he is on a holiday visa. Have been told between 6 and 9 months (current time is 6 months)
You will be granted a bridging visa A when they receive your application (providing you apply before your ETA expires), but it won't come into effect until your ETA expires. This means you can't apply for the work restriction lifting from your bridging visa (form 1005) until it comes into effect. They cannot cancel your ETA whilst you are onshore...but under exceptional circumstances your CO can lift the work restriction from your ETA. There is no form for this though, you just need to apply by letter (which is what we have just done)
We haven't heard back yet, but I only sent the letter on Saturday!!
Hope that helps a little
Jun 25th 2012, 11:11 am
#349
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,826
Re: Spouse Visa Circle continued - Dec 2010 onwards
Hi Daz,
This is more or less what my hubby and me have done...apply onshore for a spouse visa whilst he is on a holiday visa. Have been told between 6 and 9 months (current time is 6 months)
You will be granted a bridging visa A when they receive your application (providing you apply before your ETA expires), but it won't come into effect until your ETA expires. This means you can't apply for the work restriction lifting from your bridging visa (form 1005) until it comes into effect. They cannot cancel your ETA whilst you are onshore...but under exceptional circumstances your CO can lift the work restriction from your ETA. There is no form for this though, you just need to apply by letter (which is what we have just done)
We haven't heard back yet, but I only sent the letter on Saturday!!
Hope that helps a little
This is more or less what my hubby and me have done...apply onshore for a spouse visa whilst he is on a holiday visa. Have been told between 6 and 9 months (current time is 6 months)
You will be granted a bridging visa A when they receive your application (providing you apply before your ETA expires), but it won't come into effect until your ETA expires. This means you can't apply for the work restriction lifting from your bridging visa (form 1005) until it comes into effect. They cannot cancel your ETA whilst you are onshore...but under exceptional circumstances your CO can lift the work restriction from your ETA. There is no form for this though, you just need to apply by letter (which is what we have just done)
We haven't heard back yet, but I only sent the letter on Saturday!!
Hope that helps a little
Thanks Wendy, we don't get many people reporting that they've asked for the work restriction to be lifted so its good to hear the proper process
Jun 25th 2012, 12:11 pm
#350
Lost in BE Cyberspace
Joined: Nov 2005
Location: at the bottom of a wine glass
Posts: 28,176
Re: Spouse Visa Circle continued - Dec 2010 onwards
There does have to be very good reasons for them to lift the work restriction though (which I believe I have) so
I'd rather not have the problems I am having to be honest, but that's a whole other issue
Jun 25th 2012, 1:32 pm
#351
Just Joined
Joined: Aug 2009
Posts: 17
Re: Spouse Visa Circle continued - Dec 2010 onwards
Thanks Wendy,
That's very helpful,
we've just got to get everything together, still got Stat decks to do, which i'm finding quite hard. Then submit it.
Best of luck with your application.
Daz.
That's very helpful,
we've just got to get everything together, still got Stat decks to do, which i'm finding quite hard. Then submit it. Best of luck with your application.
Daz.
Jun 27th 2012, 6:12 am
#352
Lost in BE Cyberspace
Joined: Nov 2005
Location: at the bottom of a wine glass
Posts: 28,176
Re: Spouse Visa Circle continued - Dec 2010 onwards
Hi Daz,
This is more or less what my hubby and me have done...apply onshore for a spouse visa whilst he is on a holiday visa. Have been told between 6 and 9 months (current time is 6 months)
You will be granted a bridging visa A when they receive your application (providing you apply before your ETA expires), but it won't come into effect until your ETA expires. This means you can't apply for the work restriction lifting from your bridging visa (form 1005) until it comes into effect. They cannot cancel your ETA whilst you are onshore...but under exceptional circumstances your CO can lift the work restriction from your ETA. There is no form for this though, you just need to apply by letter (which is what we have just done)
We haven't heard back yet, but I only sent the letter on Saturday!!
Hope that helps a little
This is more or less what my hubby and me have done...apply onshore for a spouse visa whilst he is on a holiday visa. Have been told between 6 and 9 months (current time is 6 months)
You will be granted a bridging visa A when they receive your application (providing you apply before your ETA expires), but it won't come into effect until your ETA expires. This means you can't apply for the work restriction lifting from your bridging visa (form 1005) until it comes into effect. They cannot cancel your ETA whilst you are onshore...but under exceptional circumstances your CO can lift the work restriction from your ETA. There is no form for this though, you just need to apply by letter (which is what we have just done)
We haven't heard back yet, but I only sent the letter on Saturday!!
Hope that helps a little
Just to let you all know...they can't lift work restrictions on tourist visa at all. There are no exceptions.
A Bridging Visa won't come into effect until the visitor visa expires, and they can't cancel your visitor visa early. So if you can't afford to not work, then do not apply onshore for a spouse visa from a visitor visa.
(and yes, I knew that already lol)
Last edited by Wendy; Jun 27th 2012 at 6:17 am.
Jun 27th 2012, 11:39 am
#353
Just Joined
Joined: Aug 2009
Posts: 17
Re: Spouse Visa Circle continued - Dec 2010 onwards
Thank Wendy,
Just had a horrible thought, I arrived here on a 3 month tourist visa, as I've already explained. The tourist visa doesn't actually expire until April next year,
But I have to leave the country every 3 months then come back in again, I hope I'm making sense here. My first 3 months is up next month.
If I submit my de facto application next week would the bridging visa come into effect when my first 3 months is up or not until next April. If next April I would still therefore have to leave every 3 months but would they still allow me to enter the country on a tourist visa once the de facto is submitted.
Thanks for any help.
Daz.
Just had a horrible thought, I arrived here on a 3 month tourist visa, as I've already explained. The tourist visa doesn't actually expire until April next year,
But I have to leave the country every 3 months then come back in again, I hope I'm making sense here. My first 3 months is up next month.
If I submit my de facto application next week would the bridging visa come into effect when my first 3 months is up or not until next April. If next April I would still therefore have to leave every 3 months but would they still allow me to enter the country on a tourist visa once the de facto is submitted.
Thanks for any help.
Daz.
Jun 27th 2012, 11:55 am
#354
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,826
Re: Spouse Visa Circle continued - Dec 2010 onwards
Thank Wendy,
Just had a horrible thought, I arrived here on a 3 month tourist visa, as I've already explained. The tourist visa doesn't actually expire until April next year,
But I have to leave the country every 3 months then come back in again, I hope I'm making sense here. My first 3 months is up next month.
If I submit my de facto application next week would the bridging visa come into effect when my first 3 months is up or not until next April. If next April I would still therefore have to leave every 3 months but would they still allow me to enter the country on a tourist visa once the de facto is submitted.
Thanks for any help.
Daz.
Just had a horrible thought, I arrived here on a 3 month tourist visa, as I've already explained. The tourist visa doesn't actually expire until April next year,
But I have to leave the country every 3 months then come back in again, I hope I'm making sense here. My first 3 months is up next month.
If I submit my de facto application next week would the bridging visa come into effect when my first 3 months is up or not until next April. If next April I would still therefore have to leave every 3 months but would they still allow me to enter the country on a tourist visa once the de facto is submitted.
Thanks for any help.
Daz.
Jun 27th 2012, 12:46 pm
#355
Lost in BE Cyberspace
Joined: Nov 2005
Location: at the bottom of a wine glass
Posts: 28,176
Re: Spouse Visa Circle continued - Dec 2010 onwards
Thank Wendy,
Just had a horrible thought, I arrived here on a 3 month tourist visa, as I've already explained. The tourist visa doesn't actually expire until April next year,
But I have to leave the country every 3 months then come back in again, I hope I'm making sense here. My first 3 months is up next month.
If I submit my de facto application next week would the bridging visa come into effect when my first 3 months is up or not until next April. If next April I would still therefore have to leave every 3 months but would they still allow me to enter the country on a tourist visa once the de facto is submitted.
Thanks for any help.
Daz.
Just had a horrible thought, I arrived here on a 3 month tourist visa, as I've already explained. The tourist visa doesn't actually expire until April next year,
But I have to leave the country every 3 months then come back in again, I hope I'm making sense here. My first 3 months is up next month.
If I submit my de facto application next week would the bridging visa come into effect when my first 3 months is up or not until next April. If next April I would still therefore have to leave every 3 months but would they still allow me to enter the country on a tourist visa once the de facto is submitted.
Thanks for any help.
Daz.
Basically, once your visa application is in you CANNOT leave the country until you spouse visa is granted as you won't be allowed back in (unless you can convince them to give you a Bridging Visa B - but that is for essential travel only)
So example is:
you come on a tourist visa in January that only last 3 months, you apply for your visa in Feb... your Bridging visa will come into effect April so that you are in Australia legally
Is that clear? (sorry, been a loooong day!!
)
Jun 27th 2012, 12:47 pm
#356
Lost in BE Cyberspace
Joined: Nov 2005
Location: at the bottom of a wine glass
Posts: 28,176
Jun 27th 2012, 1:23 pm
#357
Just Joined
Joined: Aug 2009
Posts: 17
Re: Spouse Visa Circle continued - Dec 2010 onwards
Thanks Pollyana and Wendy,
Very helpful as usual, that's put my mind to rest, i was having a panic moment, hopefully we are still on track to submit next week
Daz.
Very helpful as usual, that's put my mind to rest, i was having a panic moment, hopefully we are still on track to submit next week
Daz.
Jun 28th 2012, 2:10 pm
#358
Forum Regular
Joined: Dec 2011
Location: Wales
Posts: 38
Re: Spouse Visa Circle continued - Dec 2010 onwards
Hi
When submitting evidence for the de facto visa ie payslips, joint bank accounts, utility bills etc, how many should i submit? One for every month for the past 12 months? Or just a selection of whatever i can find?
Also the address on my payslip is actually on the opposite side of the page to the date, should i send some originals with an explanation?
Thanks x
When submitting evidence for the de facto visa ie payslips, joint bank accounts, utility bills etc, how many should i submit? One for every month for the past 12 months? Or just a selection of whatever i can find?
Also the address on my payslip is actually on the opposite side of the page to the date, should i send some originals with an explanation?
Thanks x
Jun 28th 2012, 11:06 pm
#359
Crazy Cat Lady
Joined: Apr 2004
Posts: 65,493
Re: Spouse Visa Circle continued - Dec 2010 onwards
Hi
When submitting evidence for the de facto visa ie payslips, joint bank accounts, utility bills etc, how many should i submit? One for every month for the past 12 months? Or just a selection of whatever i can find?
Also the address on my payslip is actually on the opposite side of the page to the date, should i send some originals with an explanation?
Thanks x
When submitting evidence for the de facto visa ie payslips, joint bank accounts, utility bills etc, how many should i submit? One for every month for the past 12 months? Or just a selection of whatever i can find?
Also the address on my payslip is actually on the opposite side of the page to the date, should i send some originals with an explanation?
Thanks x