Pneill Posted March 10, 2019 Share Posted March 10, 2019 Hi I'm wondering if anyone can help me. My husband will be moving to australia with me but once we are there he's applying for his bridging visa and applying for his temporary residency visa. Im wondering though to travel to australia in the first place would he travel on a tourist visa? I'm stuck on what visa he would use just to get I to the country to apply for the bva and the partner visa? Thank you for the help Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 10, 2019 Share Posted March 10, 2019 Most people apply for their partner visa offshore. The strategy you are proposing is risky - if he lies to immigration and says he’s going to be a tourist when he blatantly is not, he runs the risk of being turned back at the border and getting a 3 year ban. Get his partner visa application in offshore right away and either he waits for it to come through (optimal) or if he needs to be with you then advise your case officer and go for visits on a tourist visa as long as he’s off shore when it’s issued. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 10, 2019 Share Posted March 10, 2019 3 hours ago, Pneill said: Hi I'm wondering if anyone can help me. My husband will be moving to australia with me but once we are there he's applying for his bridging visa and applying for his temporary residency visa. Im wondering though to travel to australia in the first place would he travel on a tourist visa? I'm stuck on what visa he would use just to get I to the country to apply for the bva and the partner visa? If he's young enough, he could apply for a WHV. If not, then a tourist visa is the only option, but as Quoll says, he'll have to travel separately from you and be sure not to breathe a word that he's moving to stay permanently. It's not illegal to arrive on a tourist visa and then apply for a partner visa. It IS illegal to arrive on a tourist visa "with the intention of staying permanently". Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 12, 2019 Share Posted March 12, 2019 I thought I'd read a post from a migration agent (not sure if it was @wrussell?) that Immigration's policy manual states that if the only reason for refusing entry was the fact that the visa holder intends to apply for an on-shore application, then the visa holder should be allowed entry into Australia. I can't put my fingers on the post though so I could be mistaken. Westly - feel free to correct me if I'm wrong. Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 12, 2019 Share Posted March 12, 2019 Quote Westly - feel free to correct me if I'm wrong. I shall have to defer! What follows is the official policy from PAM 3, Intention to make a further application in Australia 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 an FA-600 visa holder in Australia, s65 delegates should not be seeking to block this pathway. In addition, an intention to apply for a further visa in Australia does not necessarily indicate that the person will not leave Australia before the FA-600 visa ceases. The question to consider is not “will this person apply for a visa in Australia” but rather, “if this person does not apply for another visa in Australia, or if they apply and are refused, will they abide by the conditions of the visa and will they leave Australia”. The answer to this will help to determine if the applicant intends a genuine temporary stay. If there is a stated intention to apply in Australia for a visa (such as a Partner visa), s65 delegates should focus on assessing if the applicant intends a genuine temporary stay in relation to the FA-600 visa for which the person have applied – the focus is not on assessing any relationship: · The genuineness of a relationship will be assessed if and 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 an FA-600 visa in order to be with their partner to maintain an established 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 Taking a fair and reasonable approach Officers should take a fair and reasonable approach to the genuine temporary stay requirement, particularly if the applicant is in a continuing partner relationship with an Australian citizen or permanent resident and/or there are children involved – refer to In a partner relationship with an Australian citizen/resident. The focus should be on the current intentions of the applicant. Consequently, the genuine temporary stay requirement can be satisfied, even if there is a possibility that the applicant might later attempt to make a further application in Australia, seek permanent residence and/or return to Australia. If the period of stay requested raises concerns about an applicant’s ability to meet the genuine temporary stay requirement, case officers should consider whether a shorter period of stay would enable them to be satisfied that the visa criteria are met. 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 12, 2019 Share Posted March 12, 2019 DoHa is notably fair and reasonable - ask anyone on Manus. 1 1 3 Quote Link to comment Share on other sites More sharing options...
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