Jump to content
Besto

Urgent - Applying for onshore partner visa/BVA while on tourist visa

Recommended Posts

Hi guys,

I am a Singaporean permanent resident and my wife is an Australian citizen.

I was granted a 1-year Australian visitor visa on 1 June 2018. We got married on Dec 2018 and now I'm planning to apply for Onshore partner visa. I have 2 questions:

  1. How can I apply for an onshore partner visa given that my visiting visa ends on the 1st of June 2019?
  2. Also, what is the timeframe like to get bridging visa A approved? Are we granted a BVA on the same day as our Partner visa submission OR to get my bridging visa granted, would I have to wait until our case has been assigned to a case officer and then wait for his/her call to get the BVA*?

*Our concern - I cannot come to Australia until the 21st of May (due to personal commitments) which gives us only 1 week before my tourist visa expires. 

 

Share this post


Link to post
Share on other sites
2 minutes ago, Besto said:

Hi guys,

I am a Singaporean permanent resident and my wife is an Australian citizen.

I was granted a 1-year Australian visitor visa on 1 June 2018. We got married on Dec 2018 and now I'm planning to apply for Onshore partner visa. I have 2 questions:

  1. How can I apply for an onshore partner visa given that my visiting visa ends on the 1st of June 2019?
  2. Also, what is the timeframe like to get bridging visa A approved? Are we granted a BVA on the same day as our Partner visa submission OR to get my bridging visa granted, would I have to wait until our case has been assigned to a case officer and then wait for his/her call to get the BVA*?

*Our concern - I cannot come to Australia until the 21st of May (due to personal commitments) which gives us only 1 week before my tourist visa expires. 

 

First of all, to apply for a partner visa in Australia (subclass 820 & 801) you must be physically present in Australia at the time of application. You must also hold a substantive visa which does not have the Condition 8503 attached to it. Check the condition of your current visitor visa to see whether it has Condition 8503 attached.

When applying in Australia, assuming you are able to, you will be granted a Bridging Visa A automatically after you make a valid partner visa application. However, the Bridging Visa A will not become active until your current substantive visa (your visitor visa) finishes. The Bridging Visa A allows you to remain lawfully in Australia until a decision is made on your partner visa application. The Bridging Visa A does not allow you to return to Australia if you depart. For this, you will need a Bridging Visa B which you will need to apply for.  

 


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites

Hello @AFV

Thank you for the reply. Just to clarify, when you say "you will be granted a Bridging Visa A automatically after you make a valid partner visa application" I'm assuming I'll be granted BVA within a few hours of making the payment?

Also, is there a potential to be refused to enter Australia by the last week of May given that my tourist visa expires on June 1? 

TIA

Share this post


Link to post
Share on other sites
1 minute ago, Besto said:

Hello @AFV

Thank you for the reply. Just to clarify, when you say "you will be granted a Bridging Visa A automatically after you make a valid partner visa application" I'm assuming I'll be granted BVA within a few hours of making the payment?

Also, is there a potential to be refused to enter Australia by the last week of May given that my tourist visa expires on June 1? 

TIA

When you apply for the partner visa the Bridging Visa A is auto-generated at the same time, but will not become active until your current visa ends. You do not need to separately apply for the Bridging Visa A. 

Note: If you are paying by BPay it will not be a valid application until the funds are received by the Department, which takes around 3 days. If you pay by credit card, then payment is received instantly. 

If you arrive anytime before the expiry date of your current visa, then I can't see why you would have any issues.


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites

Thanks a lot @AFV . I have 2 more doubt too. It's about police clearance. I've read that I need to submit police clearance from countries where I lived more than 2 years. I've lived in India and Singapore for more than 2 years, so do I need to get the clearance from both the countries? I called the Singapore police department and they said, they can only provide the police clearance only after the application submission. Since I'll be in Australia during my application how do I get the police clearance?

Share this post


Link to post
Share on other sites
23 minutes ago, Besto said:

I've read that I need to submit police clearance from countries where I lived more than 2 years

You need to submit a police certificate from any country you have been in for at least 12 months in the past 10 years.

 

23 minutes ago, Besto said:

Since I'll be in Australia during my application how do I get the police clearance?

Contact the relevant countries embassy in Australia for details on how to obtain it for their country or it may be on their website, as it varies depending on country.

Share this post


Link to post
Share on other sites
On 1/16/2019 at 10:57 AM, AFV said:

When you apply for the partner visa the Bridging Visa A is auto-generated at the same time, but will not become active until your current visa ends. You do not need to separately apply for the Bridging Visa A. 

Note: If you are paying by BPay it will not be a valid application until the funds are received by the Department, which takes around 3 days. If you pay by credit card, then payment is received instantly. 

If you arrive anytime before the expiry date of your current visa, then I can't see why you would have any issues.

Hello. Sorry for cross posting. Can i post here my questions regarding partner visa application? I am just new here and i was looking for a forum where i can ask/inquire regarding application. Thanks a lot. Hope for a positive reply. 

Share this post


Link to post
Share on other sites
3 hours ago, Eve said:

Hello. Sorry for cross posting. Can i post here my questions regarding partner visa application? I am just new here and i was looking for a forum where i can ask/inquire regarding application. Thanks a lot. Hope for a positive reply. 

I can see that you have already started a new thread here: Partner Visa Lodge while holding a one year Tourist Visa

You can ask questions or post comments here, but please do not replicate the same question on multiple posts or post questions directly to members profiles. 


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites
On 1/17/2019 at 2:29 PM, Nightcall said:

You need to submit a police certificate from any country you have been in for at least 12 months in the past 10 years.

 

Contact the relevant countries embassy in Australia for details on how to obtain it for their country or it may be on their website, as it varies depending on country.

Back to the Police Check. Do not alppy for one until the IMMI say to do so otherwise it will expire in 90 days. And you waste of money. 

Share this post


Link to post
Share on other sites
3 hours ago, Zoltan said:

Back to the Police Check. Do not alppy for one until the IMMI say to do so otherwise it will expire in 90 days. And you waste of money. 

Police checks are valid for 12 months not 90 days.

Share this post


Link to post
Share on other sites

Hi @Aussie_83, @AFV,

Thanks a lot guys for the helpful pieces of advice. I have few doubts today. Please help to advice me

1. Is it ok for me to start work on my temporary visa (Subclass 820) now from Singapore and I submit the final application/payment while I arrive in Australia? Because I cannot continue on the visa form and getting the following errors

One of the following issues is preventing this application from continuing:

  • The applicant has a previous visa cancellation or refusal.
  • The applicant does not hold an appropriate visa.
  • The applicant has a condition on the current visa.
  • The applicant's location cannot be confirmed.

The applicant will not be able to continue. The applicant should review the eligibility information on our website.

2. I was filling the online form, then I came across this following question. Am holding visiting visa now, and planning to lodge the application when I arrive in Australia. 

which answer should I choose here? "Yes" or "No"? Is visiting visa a substantive visa? or only bridging visas are considered as substantive visa?

Substantive visa

Is the applicant currently holding a substantive visa?       YES/NO
 
Thanks a lot in advance..

Share this post


Link to post
Share on other sites
9 minutes ago, Besto said:

Hi @Aussie_83, @AFV,

Thanks a lot guys for the helpful pieces of advice. I have few doubts today. Please help to advice me

1. Is it ok for me to start work on my temporary visa (Subclass 820) now from Singapore and I submit the final application/payment while I arrive in Australia? Because I cannot continue on the visa form and getting the following errors

One of the following issues is preventing this application from continuing:

  • The applicant has a previous visa cancellation or refusal.
  • The applicant does not hold an appropriate visa.
  • The applicant has a condition on the current visa.
  • The applicant's location cannot be confirmed.

The applicant will not be able to continue. The applicant should review the eligibility information on our website.

2. I was filling the online form, then I came across this following question. Am holding visiting visa now, and planning to lodge the application when I arrive in Australia. 

which answer should I choose here? "Yes" or "No"? Is visiting visa a substantive visa? or only bridging visas are considered as substantive visa?

Substantive visa

Is the applicant currently holding a substantive visa?       YES/NO
 
Thanks a lot in advance..

Firstly, it might be an idea to double check your current visa status on VEVO. Confirm that your visa is valid and whether or not it has Condiiton 8503. 

A visitor visa IS a substantive visa. A bridging visa is NOT a substantive visa. 

I am suspecting that the IMMI system is detecting that you are outside of Australia and preventing you from progressing the application for an onshore partner visa. An easy to test is to change your location to outside of Australia and see if you can progress past the point where you have hit this obstacle. You can make any changes up until you submit the application. 


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites

Thanks a lot for the advice @AFV,

 

I have checked in VEVO and I have 2 visa conditions 8101 and 8201. No 8503.

I can't proceed to step 5 to submit my details. I was filling the form from Singapore and also asked my fiance to try it from her end. Both trials didn't work.

 change your location to outside of Australia and see if you can progress past the point where you have hit this obstacle - Tried and able to proceed. But then the application will become offshore right? So I complete all the fields now and when I arrive in Australia I just change the radio button to "Yes am applying from Australia" is that what you meant?

May I know what possibly going wrong here? can the system detect if I'm applying for an onshore visa from outside Australia based on the passport details I have given?

 

 

 

Share this post


Link to post
Share on other sites
On 1/29/2019 at 2:20 AM, Zoltan said:

 

 

2 minutes ago, Besto said:

Thanks a lot for the advice @AFV,

 

I have checked in VEVO and I have 2 visa conditions 8101 and 8201. No 8503.

I can't proceed to step 5 to submit my details. I was filling the form from Singapore and also asked my fiance to try it from her end. Both trials didn't work.

 change your location to outside of Australia and see if you can progress past the point where you have hit this obstacle - Tried and able to proceed. But then the application will become offshore right? So I complete all the fields now and when I arrive in Australia I just change the radio button to "Yes am applying from Australia" is that what you meant?

May I know what possibly going wrong here? can the system detect if I'm applying for an onshore visa from outside Australia based on the passport details I have given?

 

 

 

Even if the internet couldn't use your location, which it can, the visa system reads the applicants passport number to determine if they are in or out of the country

Share this post


Link to post
Share on other sites
11 minutes ago, Besto said:

Thanks a lot for the advice @AFV,

 

I have checked in VEVO and I have 2 visa conditions 8101 and 8201. No 8503.

I can't proceed to step 5 to submit my details. I was filling the form from Singapore and also asked my fiance to try it from her end. Both trials didn't work.

 change your location to outside of Australia and see if you can progress past the point where you have hit this obstacle - Tried and able to proceed. But then the application will become offshore right? So I complete all the fields now and when I arrive in Australia I just change the radio button to "Yes am applying from Australia" is that what you meant?

May I know what possibly going wrong here? can the system detect if I'm applying for an onshore visa from outside Australia based on the passport details I have given?

 

 

 

So you have not been able to identify the issue which was not allowing you to progress the application:

  • The applicant has a previous visa cancellation or refusal.
  • The applicant does not hold an appropriate visa.
  • The applicant has a condition on the current visa.
  • The applicant's location cannot be confirmed.

You can continue to complete the application. When in Australia you will need to change the location of course to onshore prior to submitting.

 


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites

Reading that Police checks are only valid 12 months, does this mean if you have never re-visited the country where the PC is required and issued, that the report still expires and a new one is needed.

Share this post


Link to post
Share on other sites
9 hours ago, GO2012 said:

Reading that Police checks are only valid 12 months, does this mean if you have never re-visited the country where the PC is required and issued, that the report still expires and a new one is needed.

Correct.


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites

Hi @AFV,

Thank you so much for your guidance. Planning to do as you said (Fill in the form offshore way and change the radio button once I arrive Oz). 

I have a huge disturbing doubt today, I have read this topic "http://www.australianvisaforum.com/topic/10863-changes-to-australian-partner-visas-sponsors/" and it's haunting my nights the moment I read this. Because of this am planning to come Oz asap may be on April and going to lodge my visa and planning to stay in BVA (with tourist visa benefits). I have the following doubts,

 

1. Any idea when this new law coming into place? Like before June?

2. If let's say this law coming into place tomorrow, while she is waiting for her sponsor approval, can I stay in a tourist visa in Oz?

3. Will there be any bridging visa while she is waiting for the sponsor approval if my visiting visa expried during that time frame?

4. Will there be any impact on existing applications if the new law is in place?

5. Any idea what are the documents needed for the sponsorship application (PC or MC)?

Any suggestions from my side what should I do? Shall I just wait until June (My tourist visa expiry) or I do it ASAP?

Share this post


Link to post
Share on other sites

1. No and there is no way of knowing.

2. The is nothing to prevent you from applying for a tourist visa and meeting the conditions on it.

3. No as YOU haven't applied for a new visa. A bridging visa is to enable you to stay legally between visas. Obviously a simplification.

4. No

5. There is no way of knowing before it is enacted.

Share this post


Link to post
Share on other sites

Until the new regulations are drafted it is still very much unknown. The amendments that have already been passed provide for a new sponsorship framework that creates a two-step application process that involves an assessment of the sponsors, and once approved then only a visa application can be lodged. I have heard suggestions that there will be a 12-week wait whilst the Partner Visa sponsor is approved before the application for the actual Partner Visa can be made.


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites
Just now, AFV said:

Until the new regulations are drafted it is still very much unknown. The amendments that have already been passed provide for a new sponsorship framework that creates a two-step application process that involves an assessment of the sponsors, and once approved then only a visa application can be lodged. I have heard suggestions that there will be a 12-week wait whilst the Partner Visa sponsor is approved before the application for the actual Partner Visa can be made.

I think the biggest concern will be from people that are wanting to submit an onshore application before their substantive visa ends, and not being able to until the sponsorship is approved. 


920x113.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites
On 2/12/2019 at 2:18 PM, Besto said:

1. Any idea when this new law coming into place? Like before June?

It's unknown, waiting on the government to do a proclamation, if that doesn't happen, then it will come into effect on the  11 June 2019.

On 2/12/2019 at 2:18 PM, Besto said:

Any suggestions from my side what should I do? Shall I just wait until June (My tourist visa expiry) or I do it ASAP?

ASAP! 

Here is a link to the new Act.

https://www.legislation.gov.au/Details/C2018A00162

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×