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Brasil_Aus

Onshore vs Offshore (tourist visa legitimate pathway?)

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Hi brains trust. I have read through the forums and there is an amazing amount of information! Well done.

I think that some of my questions have kind of been answered in other threads however there are a couple of things I would appreciate some feedback on.

I'm Australian, my wife is Brazilian. We've been together almost 2 years married for one. I'm currently living in Brazil but will return to Oz soon for work.

My wife has created an Immi account and begun filling out details, her name, DOB etc. not passport as she is waiting for a new one to be issued. We are yet to submit the application. We are a little apprehensive regarding the possible wait times, not wanting to be apart. As we see it we have 2 options. Lodge offshore partner visa and live apart until it is granted. Or, I return home to Oz, my wife then comes to Oz on a tourist visa and we lodge onshore. My wife is under the impression that doing it this way is a little shifty, like trying to come in the back door. I'm not of this opinion however.

Questions;

1. As she has started an Immi account, is it possible the department will see this when she lodges for the tourist visa?

2. If so how likely will it be that a no further stay condition is attached?

3. If my wife arrives in Australia with a tourist visa, how likely is it that immigration would stop her entering as she has an Australian husband and was in the early stages of applying for a offshore partner visa?

4. Are there any barriers to applying for a partner visa onshore that I have missed?

5. We have already asked for people to prepare supporting letters and documents, these would then pre date the tourist visa. When we lodge the onshore partner visa, will this be detrimental to our application?

Thanks in advance

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Welcome to the Australian Visa Forum,

Thank you for the positive feedback.

If applying for a subclass 600 (tourist stream) condition 8503 may be imposed. If applying for a subclass 600 (family sponsored stream) condition 8503 must be imposed.

Condition 8503 cannot be imposed on a subclass 601 ETA. However she would not be be eligible for an ETA as she does not hold an eligible passport. 

Where there is a discretion to impose condition 8503, the decision maker may impose the condition when they have residual concerns as to the applicant’s intention to remain in Australia temporarily, but the applicant otherwise satisfies visa criteria for the grant of a visa.

If an applicant applies for a visitor visa but intends to make a further visa application in Australia (whether this intention is stated or not), this does not necessarily indicate that the applicant does not intend a genuine temporary stay and is not a reason in and of itself to refuse the visitor visa. If the Regulations allow an application to be made in Australia by a subclass 600 visitor visa holder, the decision maker should not block this pathway.

If there is a stated intention to apply in Australia for a partner visa the decision maker should focus on assessing if the applicant intends a genuine temporary stay in relation to the subclass 600 visitor visa for which they have applied. The focus is not on assessing any relationship. 

  • The genuineness of a relationship will be assessed when a partner application is made. Applying for a partner visa in Australia is a legitimate visa pathway.
  • It is acceptable for a person to apply for a subclass 600 visitor visa in order to be with their partner to maintain an establish relationship.
  • An applicant who discloses an intention to continue a relationship (or, enter into a relationship as they have not met before) should not be disadvantaged as a result of that disclosure.

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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.

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Where there is a discretion to impose condition 8503 it often just comes down to a roll of the dice. An applicant cannot request for it to not be imposed on a visa. You just have to wait for visa grant and see whether it has been imposed or not. As AFV has said, an intention (stated or not) to apply for a partner visa in Australia as the holder of a visitor visa is a legitimate pathway and in itself will not necessarily indicate that the applicant does not intend a genuine temporary stay. 

 


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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.

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Thank you both for the considered response. It is greatly appreciated.

 

You have helped me to see things more clearly. I think that although we hate the idea of being apart, we will apply for the visa offshore. mainly as the decision times are less than onshore and we are concerned that we may end up with a Bridging Visa A condition not allowing work. I can support my wife (things would be tough) however she could not handle not being able to work, she is very driven and wants to maintain her activity in her chosen field.

One further question I have is, how to best select an agent who could review our documentation prior to lodgement? I believe we have things sorted pretty well, but am thinking about paying someone to check things over.

Thanks again.

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If you apply for a partner visa onshore the bridging visa will have full working rights. The average processing time may be less but it can work out more expensive if you plan on visiting each other. While I think the odds of not getting the 8503 is low for Brasil I would roll the dice with it first and go from there.

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4 hours ago, Brasil_Aus said:

Thank you both for the considered response. It is greatly appreciated.

 

You have helped me to see things more clearly. I think that although we hate the idea of being apart, we will apply for the visa offshore. mainly as the decision times are less than onshore and we are concerned that we may end up with a Bridging Visa A condition not allowing work. I can support my wife (things would be tough) however she could not handle not being able to work, she is very driven and wants to maintain her activity in her chosen field.

One further question I have is, how to best select an agent who could review our documentation prior to lodgement? I believe we have things sorted pretty well, but am thinking about paying someone to check things over.

Thanks again.

If you are after someone to review your application you can contact me here

2 minutes ago, Aussie_83 said:

If you apply for a partner visa onshore the bridging visa will have full working rights. The average processing time may be less but it can work out more expensive if you plan on visiting each other. While I think the odds of not getting the 8503 is low for Brasil I would roll the dice with it first and go from there.

As Aussie_83 has the Bridging Visa A will have full working rights.

If I was in your situation I would consider applying for the visitor visa firstly, then perhaps reconsidering your options if it doesn't have condition 8503. 


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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.

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