Oz Permanent Residence Visa Possible While In Oz W/tourist Visa?

[LeonJ24]

Hi,

My wife is currently with me in OZ, just wondering if it's possible to start the Permanent residence visa process from within Australia while curerntly staying on a multi entry 1 year (3 month stay) Tourist visa?

Google and searching Immigration sites yielded no results, any advice/suggestions greatly appreciated.

Thanks.

[krisb]

I can tell you my wife was here on fiancee300 visa and we then applied for permanent visa and just got it, well the temporary 2 year thats part of the permanent visa issued 2 years later.

So why couldnt you apply because you are already married, therefore it is the next step for you.

Id say yes for sure, but Im not DIAC, so best ring em, confirm, then start the pain in the butt application process.

She will need to get a National/federal police clearance, not a local clearance which the form is downloaded then sent off to Perth($40), send the original to DIAC, dont copy.

I did (yet another) stat dec, just to state genuine marriage,

Got 2 stat decs from family stating we are genuine.

Couple of signed passport pics from wife and me,

got J.P to stamp everything and that was it, I thought if they want anything else they will ask. You pay a case worker and its their job to ask if you didnt send enough. They never asked for my tax, bank statements work, nothing like that and I didnt send. Didnt matter as there was nothing to hide anyway.

Around 3 weeks later, which was last Monday, got a letter from DIAC saying all good, approved. Done. They even sent back the police clearance!

Good luck!!......ps, if you need any help with your app just ask.

[Will27]

It will all depend if she has condition 8503 "No further Stay" on her visa.

If she hasn't, you can and apply. If she has, you generally will not be

allowed to apply for another visa onshore unless that condition is waived.

To check the visa conditions, look at it in the passport. If you received a

grant letter, it will list the conditions such as "No Work", etc.

To get 8503 waived, there generally has to be compelling or compassionate

grounds and that usually doesn't include applying for PR.

Regards

Will

Edited December 1, 2012 by Will27

[krisb]

It will all depend if she has condition 8503 "No further Stay" on her visa.

If she hasn't, you can and apply. If she has, you generally will not be

allowed to apply for another visa onshore unless that condition is waived.

To check the visa conditions, look at it in the passport. If you received a

grant letter, it will list the conditions such as "No Work", etc.

To get 8503 waived, there generally has to be compelling or compassionate

grounds and that usually doesn't include applying for PR.

Regards

Will

Well she is his wife....quite compelling and compassionate Id say.

BTW just checked my wifes fiancee300 visa label in her passport and it didnt have the 8503.

Edited December 1, 2012 by krisb

[Will27]

It will all depend if she has condition 8503 "No further Stay" on her visa.

If she hasn't, you can and apply. If she has, you generally will not be

allowed to apply for another visa onshore unless that condition is waived.

To check the visa conditions, look at it in the passport. If you received a

grant letter, it will list the conditions such as "No Work", etc.

To get 8503 waived, there generally has to be compelling or compassionate

grounds and that usually doesn't include applying for PR.

Regards

Will

Well she is his wife....quite compelling and compassionate Id say.

BTW just checked my wifes fiancee300 visa label in her passport and it didnt have the 8503.

To get a waiver, there needs to be compelling and compassionate circumstances that have developed

since the tourist visa was granted, that the applicant had no control over.

So one would assume they were married when the tourist visa was granted. Even if they weren't,

there's nothing that would be out of the applicants control.

That's why 8503 condition is imposed, to make sure people go home before the visa ceases and do

not apply for another class of visa.

And as for your fiance's s/c 300 visa, there is an expectation that she will get married and apply for PR,

so of couse 8503 will not be applied.

Op's wife is on a tourist visa.

Regards

Will

Edited December 1, 2012 by Will27

[LeonJ24]

Thanks very much for the info guys.

The visa does not have the 8503 condition, so I suppose it should be possible, although best to check with DIAC as suggested.

Krisb, sounds like you didn't really have to submit that much information, compared to the mountain of paperwork required within Thailand. Was a health examination also required? Can you kindly tell me how much it is for the case worker? A police report from Bangkok wasn't required? I guess that's now handled at our end...

Are you saying that the entire process took only 3 weeks and then you were granted a 2 year temporary visa? Seems very fast, I think it's generally taking 6-12 Months within Thailand, seems like it might be the best option despite the extra cost of the application.

Thanks again guys! More questions sure to come

[krisb]

I could be wrong but I think I remember a thread regarding the 8503 no further stay and if her passport isnt stamped with it she doesnt have to go home?....hey I could be wrong there.

If your wife is here then she gets the police clearance here. They wanna know she has been a good girl here in OZ not Thailand.

The medical my wife did in Thailand as we applied for her fiancee visa there but perhaps your wife will have to do it here, although mine didnt have to do another for the partner visa.

The case worker is assigned to you when you pay the application fee of $998 think it was.

Yes she got the visa in 3 weeks!...couldnt believe it!, bridging visa to temporary.

Also your wife will get Medicare once the application is lodged. That was a weight off my mind I tell ya, I dont trust Thai travel insurance.

[Will27]

OP

As you've advised that your wife doesn't have condition 8503 attched to her visa, she can apply onshore.

It will be for a subclass 820 visa.

Most, if not all of the information required can be found here

http://www.immi.gov.au/migrants/partners/partner/820-801/how-to-apply.htm#b

and here

http://www.immi.gov.au/allforms/booklets/books1.htm

Your situation is different from krisb as his wife was already on

a 300 fiance visa. Yours is on a toursit visa.

Have a read through and if you have any questions, come back.

Regards

Will

[David48]

To the original poster LeonJ24 ... you are getting some great help here.

It's a strength of this Forum.

Everyone's case is different, even if the Visa applied for is the same ... and we all learn from your experiences.

I know that we all would learn from you and the process that you and your girlfriend/wife are about to undertake.

Please come back to here and update your thread when you have new information ... or more questions.

Thanks ...

David48

[LeonJ24]

Hi All,

Thanks for all the great help and sorry for my delay in replying, I've been flat out putting the visa app together.

I went and visited immigration after they failed to answer their call line on 2 separate occasions (one I waited 45 minutes, the other I waited 60 minutes, unreal...)

Anyway, was able, as expected to apply for the visa Will27 referred to.

App sent in today, expect a 10 day wait then bridging visa will likely apply before the 3 month conclusion of the tourist visa. App was incomplete, but time was not available and the Immigration agent warned us that the fee for this visa (currently $3060) is going to jump another $1000 in January, so she suggested getting the 2 forms in with or without accompanying information as quickly as possible.

Now we sit and wait, I can't imagine I'll be deemed a reasonable sponsor as I haven't had employment in a long, long time and am looking at going back to Uni, but the immigration agent said it would not likely to be an issue as long as I have other's willing to provide an assurance of support.

I'll keep this thread updated should anything of drama occur.

Thanks again

[LeonJ24]

Greetings all,

We received our acknowledgement and receipt of spouse visa application today. It said she has been placed on BVA, Bridging visa A and can work without restriction.

It states the following:

You were granted a Bridging visa A upon lodgement of this application that allows you to work without

restriction.

Bridging visas allow you to remain lawfully in Australia while your application is being processed.

Bridging visas take effect when any other visa you hold ceases. In the event that your current substantive

visa ceases before a decision is made on this application, your bridging visa will allow you to remain

lawfully in Australia while your application is being processed. (A substantive visa is any visa other than a

bridging visa, criminal justice visa, or an enforcement visa.)

As she is currently on a 1 year multi entry tourist visa that expires in October, does this mean that she will have to wait until that visa expires before the Bridging visa kicks in and allows her to work? If that's the case, can I cancel the current tourist visa so the bridging visa kicks in immediately, thus allowing her to work? Can she have both visas and be able to work?

I'm a bit confused.

Any help regarding the query above greatly appreciated.

Kind regards

Leon.

[krisb]

Dont think so Leon, the bridging visa is now in effect. Try this, take a copy of that visa to medicare and they should issue her it straight away. Id take it as her previous visa is now finished and the bridging visa is in effect. I bet they issue her partner visa soon. Ours was granted 3 weeks after bridge via.

The price to get that visa is $3060, why that much? my now wife got partner visa done recently it was no where near that much.