Can I get a partner visa to Australia within 3 months?

[snowpea83]

Ok,

I need to get my husband to Australia by the end of July (I'm pregnant and heading back to Oz to have the baby)

Do I have time to get a partner visa? Does anyone have experience with how long it has taken them? or should I just go for a tourist visa?

We don't intend on staying permanently (at least at this stage) but would like to stay for 6 months and would like him to be able to work in his field in order to gain international experience. (obviously he can't work if we get a tourist visa)

If we just go for a tourist visa, can we then apply for a partner visa once we get to Australia?

I know times for visa applications vary, but I need to know if I should even try for it now, or just get him there on a tourist visa, be thankful that he is with me and try for the partner visa at a later date...

Thanks, in advance

[krisb]

Doubt you will get a partner visa in that time frame. It can take up to 12 months. This visa is not a rush job.

What field of work does he do...can he get an employment visa?...I know nothing about these visas, just guessing.

If it was me I would just go for a tourist visa I think. Quick, easy convenient.

Took us 2 weeks to get a partner visa cause a bridging visa was issued after she had a fiancee visa(which took 8 or 9 months to get)

[aussiejon1604]

Your best bet might be to consult a notable visa agent here in Thailand for more immediate answers to your questions. I had a tourist visa for my then wife to OZ arranged within 7-9 days with all of the correct paperwork. We applied at the VFS office ourselves in Bangkok. She was granted the 3 months.

Here is a link to the Australian immigration visa wizard. It will stipulate processing times and requirements. For residency the applicant is usually granted a temporary visa with a consideration to permanency upon a successful application. They are applied for at the same time. The permanency stipulation could take up to 2 years if my memory serves me well when I was considering bringing my wife to OZ. You can work during this period and gain access to medicare but I believe you are not entitled to any benefits It maybe of some help to you as I'm sure it also contains work visa's.

http://www.immi.gov.au/Visas/Pages/Find-a-visa.aspx

Edited April 29, 2014 by aussiejon1604

[woody087]

No chance to get a partner visa in 3 months.It takes up to 12 months.Best beat would be to go for a 6 month tourist visa.

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[Larz2013]

Ok,

I need to get my husband to Australia by the end of July (I'm pregnant and heading back to Oz to have the baby)

Do I have time to get a partner visa? Does anyone have experience with how long it has taken them? or should I just go for a tourist visa?

We don't intend on staying permanently (at least at this stage) but would like to stay for 6 months and would like him to be able to work in his field in order to gain international experience. (obviously he can't work if we get a tourist visa)

If we just go for a tourist visa, can we then apply for a partner visa once we get to Australia?

I know times for visa applications vary, but I need to know if I should even try for it now, or just get him there on a tourist visa, be thankful that he is with me and try for the partner visa at a later date...

Thanks, in advance

He wont be able to apply for a partner visa while on a tourist visa i australia. Best bet is a tourist or sponsored work skilled visa.

Partner visa wait times are 6-8 months offshore atm!

Goodluck!!!!

And congrats on bub

Sent from my iPhone using Thaivisa Connect Thailand

[snowpea83]

Ok,

I need to get my husband to Australia by the end of July (I'm pregnant and heading back to Oz to have the baby)

Do I have time to get a partner visa? Does anyone have experience with how long it has taken them? or should I just go for a tourist visa?

We don't intend on staying permanently (at least at this stage) but would like to stay for 6 months and would like him to be able to work in his field in order to gain international experience. (obviously he can't work if we get a tourist visa)

If we just go for a tourist visa, can we then apply for a partner visa once we get to Australia?

I know times for visa applications vary, but I need to know if I should even try for it now, or just get him there on a tourist visa, be thankful that he is with me and try for the partner visa at a later date...

Thanks, in advance

He wont be able to apply for a partner visa while on a tourist visa i australia. Best bet is a tourist or sponsored work skilled visa.

Partner visa wait times are 6-8 months offshore atm!

Goodluck!!!!

And congrats on bub

Sent from my iPhone using Thaivisa Connect Thailand

According to the Australian immigration website, you can apply for a partner visa while in Australia as long as you have a 'substantive' visa (which a tourist visa is) and it does not have a 8503 'no further stay' condition placed on it.

It is a different visa subclass though.

A Partner visa applied for outside of Australia is a sub class 820/801

And one applied for within Australia is a sub class 309/100

As per below:

Copied from : http://www.thailand.embassy.gov.au/files/bkok/Visa_Partner%20Booklet.pdf

This booklet is designed to help you and your fiancé(e) or partner decide if you are eligible to apply for a partner category visa, for which visa you should apply, and what you need to know to lodge an application. It is a guide intended for the use for persons applying for a partner category visa from both within or outside of Australia.

If you are applying in Australia, you may not be able to make a valid application or you may not be eligible to be granted a Partner visa, if you:

do not hold a substantive visa and have had a Partner visa refused or cancelled since your last entry to Australia; or

do not hold a substantive visa (see page 6) and your previous visa has ceased; or

hold a visa with a No further stay condition (conditions 8503, 8534 or 8535); or

hold a Sponsored Visitor visa; or

hold a Criminal Justice visa; or

since your last entry to Australia, hold or held a Provisional General Skilled Migration visa and you have not held or did not hold that visa for at least 2 years;

have a debt to the Australian Government and have not made

I hope this information is correct! I have spend many many hours going through all the paperwork and I'm pretty sure he can apply in Australia, he might just have to leave and come back if his tourist visa runs out.

If someone has clarification on this it would be most appreciated!! It would be a lot easier for us to apply in Australia as we live in the arse end of no-where and work 6 days a week, so for us to get everything done in Thailand is very difficult.

[Larz2013]

Ok,

I need to get my husband to Australia by the end of July (I'm pregnant and heading back to Oz to have the baby)

Do I have time to get a partner visa? Does anyone have experience with how long it has taken them? or should I just go for a tourist visa?

We don't intend on staying permanently (at least at this stage) but would like to stay for 6 months and would like him to be able to work in his field in order to gain international experience. (obviously he can't work if we get a tourist visa)

If we just go for a tourist visa, can we then apply for a partner visa once we get to Australia?

I know times for visa applications vary, but I need to know if I should even try for it now, or just get him there on a tourist visa, be thankful that he is with me and try for the partner visa at a later date...

Thanks, in advance

He wont be able to apply for a partner visa while on a tourist visa i australia. Best bet is a tourist or sponsored work skilled visa.

Partner visa wait times are 6-8 months offshore atm!

Goodluck!!!!

And congrats on bub

Sent from my iPhone using Thaivisa Connect Thailand

According to the Australian immigration website, you can apply for a partner visa while in Australia as long as you have a 'substantive' visa (which a tourist visa is) and it does not have a 8503 'no further stay' condition placed on it.

It is a different visa subclass though.

A Partner visa applied for outside of Australia is a sub class 820/801

And one applied for within Australia is a sub class 309/100

As per below:

Copied from : http://www.thailand.embassy.gov.au/files/bkok/Visa_Partner%20Booklet.pdf

This booklet is designed to help you and your fiancé(e) or partner decide if you are eligible to apply for a partner category visa, for which visa you should apply, and what you need to know to lodge an application. It is a guide intended for the use for persons applying for a partner category visa from both within or outside of Australia.

If you are applying in Australia, you may not be able to make a valid application or you may not be eligible to be granted a Partner visa, if you:

do not hold a substantive visa and have had a Partner visa refused or cancelled since your last entry to Australia; or

do not hold a substantive visa (see page 6) and your previous visa has ceased; or

hold a visa with a No further stay condition (conditions 8503, 8534 or 8535); or

hold a Sponsored Visitor visa; or

hold a Criminal Justice visa; or

since your last entry to Australia, hold or held a Provisional General Skilled Migration visa and you have not held or did not hold that visa for at least 2 years;

have a debt to the Australian Government and have not made

I hope this information is correct! I have spend many many hours going through all the paperwork and I'm pretty sure he can apply in Australia, he might just have to leave and come back if his tourist visa runs out.

If someone has clarification on this it would be most appreciated!! It would be a lot easier for us to apply in Australia as we live in the arse end of no-where and work 6 days a week, so for us to get everything done in Thailand is very difficult.

To get a tourist visa that doesnt say 'no further stay' is difficult according to our agent. For a tourist visa he has to prove he will go back to thailand, not stay in Australia.

Sent from my iPhone using Thaivisa Connect Thailand

[simple1]

@snowpea83. I assisted a Thai with Oz citizenship with obtaining Visa 600 for his Thai wife and baby which was granted for 3 months without the 'no further stay' condition. Wife and baby had no evidence to suggest they would return to Thailand. 3 weeks prior to expiry of Visa 600 for wife we put in a request for a Visa 800, wife was provided a bridging visa within 24 hours whilst request is being processed, we were informed processing time is 12 - 18 months; baby was granted Oz citizenship by descent within a week

My impression is that if an Oz citizen is having baby or has a baby with a foreign national Immi are more 'flexible'. I suggest you apply for the Visa 600 via the online 'Immi Account' facility that also provides a facility to electronically upload supporting doco. The downside is your partner would usually not be able to work even if a bridging visa is eventually granted when onshore.

Naturally no guarantees, but unless someone has a more constructive recommendation, worth a try,

[David48]

Just my 2 cents worth.

If your partner gets the 'no further stay' provision, which, in my experience, many do nowadays, there will be no real option or grounds to apply for a partner visa in Australia.

If you apply in Australia ... "You must be in Australia ... when this visa is decided."

Given that the process takes up to a year and a half ... a big risk.

The person simple1 above didn't get that condition ... it is a lottery.

Maybe apply for the Tourist Visa ... if you don't get the 'no further stay' condition, travel to Australia and apply for a Bridging Visa ... but if you do get that condition, just simply let the tourist visa lapse.

My Thai partner has just recently lodged her Partner Visa application ... the amount of stuff they ask for is extensive.

Plus the cost ... cira $3,000 for the Visa plus costs in Thailand ... $4,000 plus costs if applied for in Australia.

I wonder how the Australian Government will ask you to prove that the father of your child is the same person as the Partner Visa applicant.

[Jay Sata]

As David says there is no fast track way for a partner to get to stay in Oz.

Looking back to 25 years ago,it took me over a year despite being being on a priority occupation.

[simple1]

Just my 2 cents worth.

If your partner gets the 'no further stay' provision, which, in my experience, many do nowadays, there will be no real option or grounds to apply for a partner visa in Australia.

If you apply in Australia ... "You must be in Australia ... when this visa is decided."

Given that the process takes up to a year and a half ... a big risk.

The person simple1 above didn't get that condition ... it is a lottery.

Maybe apply for the Tourist Visa ... if you don't get the 'no further stay' condition, travel to Australia and apply for a Bridging Visa ... but if you do get that condition, just simply let the tourist visa lapse.

My Thai partner has just recently lodged her Partner Visa application ... the amount of stuff they ask for is extensive.

Plus the cost ... cira $3,000 for the Visa plus costs in Thailand ... $4,000 plus costs if applied for in Australia.

I wonder how the Australian Government will ask you to prove that the father of your child is the same person as the Partner Visa applicant.

Just a comment on the above. If you go down the suggested path and no further stay condition is not imposed, apply onshore for the Visa 800, not a bridging visa. Reason being unless the Visa 800 application is immediately declined a bridging visa is automatically provisioned.

Edited May 14, 2014 by simple1

[David48]

^^ Have ran out of likes for today ... an interesting strategy ...

[woody087]

Ok,

I need to get my husband to Australia by the end of July (I'm pregnant and heading back to Oz to have the baby)

Do I have time to get a partner visa? Does anyone have experience with how long it has taken them? or should I just go for a tourist visa?

We don't intend on staying permanently (at least at this stage) but would like to stay for 6 months and would like him to be able to work in his field in order to gain international experience. (obviously he can't work if we get a tourist visa)

If we just go for a tourist visa, can we then apply for a partner visa once we get to Australia?

I know times for visa applications vary, but I need to know if I should even try for it now, or just get him there on a tourist visa, be thankful that he is with me and try for the partner visa at a later date...

Thanks, in advance

He wont be able to apply for a partner visa while on a tourist visa i australia. Best bet is a tourist or sponsored work skilled visa.

Partner visa wait times are 6-8 months offshore atm!

Goodluck!!!!

And congrats on bub

Sent from my iPhone using Thaivisa Connect Thailand

According to the Australian immigration website, you can apply for a partner visa while in Australia as long as you have a 'substantive' visa (which a tourist visa is) and it does not have a 8503 'no further stay' condition placed on it.

It is a different visa subclass though.

A Partner visa applied for outside of Australia is a sub class 820/801

And one applied for within Australia is a sub class 309/100

As per below:

Copied from : http://www.thailand.embassy.gov.au/files/bkok/Visa_Partner%20Booklet.pdf

This booklet is designed to help you and your fiancé(e) or partner decide if you are eligible to apply for a partner category visa, for which visa you should apply, and what you need to know to lodge an application. It is a guide intended for the use for persons applying for a partner category visa from both within or outside of Australia.

If you are applying in Australia, you may not be able to make a valid application or you may not be eligible to be granted a Partner visa, if you:

do not hold a substantive visa and have had a Partner visa refused or cancelled since your last entry to Australia; or

do not hold a substantive visa (see page 6) and your previous visa has ceased; or

hold a visa with a No further stay condition (conditions 8503, 8534 or 8535); or

hold a Sponsored Visitor visa; or

hold a Criminal Justice visa; or

since your last entry to Australia, hold or held a Provisional General Skilled Migration visa and you have not held or did not hold that visa for at least 2 years;

have a debt to the Australian Government and have not made

I hope this information is correct! I have spend many many hours going through all the paperwork and I'm pretty sure he can apply in Australia, he might just have to leave and come back if his tourist visa runs out.

If someone has clarification on this it would be most appreciated!! It would be a lot easier for us to apply in Australia as we live in the arse end of no-where and work 6 days a week, so for us to get everything done in Thailand is very difficult.

To get a tourist visa that doesnt say 'no further stay' is difficult according to our agent. For a tourist visa he has to prove he will go back to thailand, not stay in Australia.

Sent from my iPhone using Thaivisa Connect Thailand

About 3 years ago my wife applied for a 1 year tourist visa to oz,and was told by the embassy they don't do them anymore,Instead they gave her a 6 month tourist visa WITHOUT the 'no further stay stamp'.They told her if she needed to stay longer she could extend that or apply for a partner visa while in oz

Sent from my GT-P5210 using Thaivisa Connect Thailand mobile app

[David48]

To get a tourist visa that doesnt say 'no further stay' is difficult according to our agent. For a tourist visa he has to prove he will go back to thailand, not stay in Australia.

About 3 years ago my wife applied for a 1 year tourist visa to oz,and was told by the embassy they don't do them anymore,Instead they gave her a 6 month tourist visa WITHOUT the 'no further stay stamp'.They told her if she needed to stay longer she could extend that or apply for a partner visa while in oz

woody ... did your wife have to get an X-Ray back then?

You are the first that I can recall of reading that their partner got the 6 month Tourist Visa.

Do you remember the premise (why) she got the 6 month as opposed to a 3 month?

[krisb]

My wife got a 6 month tourist visa about 3 years back.

It nearly drove her mad the boredom.

[David48]

That's two now ... maybe I better try reading with my eyes open ...

Mate, will have to tell me the details over a beer or ...

[woody087]

To get a tourist visa that doesnt say 'no further stay' is difficult according to our agent. For a tourist visa he has to prove he will go back to thailand, not stay in Australia.

About 3 years ago my wife applied for a 1 year tourist visa to oz,and was told by the embassy they don't do them anymore,Instead they gave her a 6 month tourist visa WITHOUT the 'no further stay stamp'.They told her if she needed to stay longer she could extend that or apply for a partner visa while in oz

woody ... did your wife have to get an X-Ray back then?

You are the first that I can recall of reading that their partner got the 6 month Tourist Visa.

Do you remember the premise (why) she got the 6 month as opposed to a 3 month?

Yes x-ray and medical, pretty much the same as for partner visa.My wife first got a 3 month visa back in 08 before we were married,a 6 month in 09, we got married here in brisbane during that visa and then tried to get a 12 month visa in 2010 but only got the 6 month visa without the no further stay stamp.They did say it would be the last tourist visa they would give her,next time would have to be a partner visa, which we did a few weeks before you.I did have to write a letter to the embassy saying I had about a years work left before I would come and live in Thailand permanently and I wanted my wife to be with me in oz for that year.(we just had our first daughter at that time also).A lot has changed since then...2 daughters now...and realizing that oz would be a much better place for them,so hopefully they will all be here soon.

Sent from my GT-P5210 using Thaivisa Connect Thailand mobile app

[David48]

^^ Mate, great reply ... good luck with all that and I hope the Family is reunited soon.

[nightwatch]

Hi snowpea,83

Wow a new bub on the way u must be exited!....

You can submit a partner visa application and a visitor visa application at the same time,

This way if your application is done honestly and "correctly" u will most likely be granted the visitor visa whilst the partner visa is being decided on.

[Will27]

Hi snowpea,83

Wow a new bub on the way u must be exited!....

You can submit a partner visa application and a visitor visa application at the same time,

This way if your application is done honestly and "correctly" u will most likely be granted the visitor visa whilst the partner visa is being decided on.

With all due respect, I would advise against this.

OP has stated she wants her husband to apply for a partner visa onshore.

IMO, lodging a visitor and spouse visa together will virtually guarantee that

"No Further Stay" will be imposed.

I would lodge a visitor visa and then take it from there.

I also think that if the upcoming birth is mentioned on the s/c 600 application,

8503 will almost certainly be imposed.

I don't agree with simple1 in post 8 that Immi would be/are more flexible if an Oz

citizen is having a baby with a foreign national (by not imposing 8503). My experience

is that 8503 is more than likely anyway and giving Immi an excuse to stay in Australia

and not return almost guarantee's the imposing of 8503.

Just my version of things anyway.

Edited May 17, 2014 by Will27

[snowpea83]

Thanks everyone one for the comments and help...

I guess we will just try for the tourist visa and if we get a no stay condition we come back to Thailand and reassess.. We both have jobs waiting for us when we come back, we just wanted some more time in Australia and the ability for my husband to get some international experience in his field.

Whatever will be will be....

[snowpea83]

Just my 2 cents worth.

If your partner gets the 'no further stay' provision, which, in my experience, many do nowadays, there will be no real option or grounds to apply for a partner visa in Australia.

If you apply in Australia ... "You must be in Australia ... when this visa is decided."

Given that the process takes up to a year and a half ... a big risk.

The person simple1 above didn't get that condition ... it is a lottery.

Maybe apply for the Tourist Visa ... if you don't get the 'no further stay' condition, travel to Australia and apply for a Bridging Visa ... but if you do get that condition, just simply let the tourist visa lapse.

My Thai partner has just recently lodged her Partner Visa application ... the amount of stuff they ask for is extensive.

Plus the cost ... cira $3,000 for the Visa plus costs in Thailand ... $4,000 plus costs if applied for in Australia.

I wonder how the Australian Government will ask you to prove that the father of your child is the same person as the Partner Visa applicant.

I think this is the way we will go..

Interestingly... If the Australian government wants to check the relationship between the applicant and sponsor (in this case, that my husband is the father of my baby), they ask that you undergo Genetic relationship testing. I know because I'm a Biologist and used to work for the company that did all the testing!!

I know from experience that they never ask for testing in my sort of case, just imagine how much work that would create for them.. They normally ask in extended family sponsorships for refugees as they normally do not have birth certificates to prove things like parentage..

Sorry completely off topic, but interesting (oh the stories I could tell, it was like Jerry Spinger everyday)

[David48]

Snowy ... good luck with all that.

None of us are professionalls (except the Sponsors), but we try and earnestly post our experiences.

What we do learn is when folk like you, jump through the hoops and then come back and tell us.

I just got Citizenship for our Twins ... the stories involved getting that will be a guide for many on what can happen if it all goes belly up.

(for expample, I came here with one certified copy of my birth certificate, thinking that would be enough ... ... they were Identicial Twins after all ... but NO ... not for the Aus Embassy) ... but I digress.

So, good luck with all of it, but do return and recant your experiences ...

Edited May 17, 2014 by David48

[nightwatch]

Hi snowpea,83

Wow a new bub on the way u must be exited!....

You can submit a partner visa application and a visitor visa application at the same time,

This way if your application is done honestly and "correctly" u will most likely be granted the visitor visa whilst the partner visa is being decided on.

With all due respect, I would advise against this.

OP has stated she wants her husband to apply for a partner visa onshore.

IMO, lodging a visitor and spouse visa together will virtually guarantee that

"No Further Stay" will be imposed.

I would lodge a visitor visa and then take it from there.

I also think that if the upcoming birth is mentioned on the s/c 600 application,

8503 will almost certainly be imposed.

I don't agree with simple1 in post 8 that Immi would be/are more flexible if an Oz

citizen is having a baby with a foreign national (by not imposing 8503). My experience

is that 8503 is more than likely anyway and giving Immi an excuse to stay in Australia

and not return almost guarantee's the imposing of 8503.

Just my version of things anyway.

Just my 2 cents

I have read on the D.I.B.P. web site that having a baby with an applicant can come under... compelling and compasionate circumstances this may not be so for a visitor visa but is so for a partner visa.

Therefore the OP may still be able to apply for a partner visa onshore if the 8503 is imposed on her visitor visa.

[Will27]

Hi snowpea,83

Wow a new bub on the way u must be exited!....

You can submit a partner visa application and a visitor visa application at the same time,

This way if your application is done honestly and "correctly" u will most likely be granted the visitor visa whilst the partner visa is being decided on.

With all due respect, I would advise against this.

OP has stated she wants her husband to apply for a partner visa onshore.

IMO, lodging a visitor and spouse visa together will virtually guarantee that

"No Further Stay" will be imposed.

I would lodge a visitor visa and then take it from there.

I also think that if the upcoming birth is mentioned on the s/c 600 application,

8503 will almost certainly be imposed.

I don't agree with simple1 in post 8 that Immi would be/are more flexible if an Oz

citizen is having a baby with a foreign national (by not imposing 8503). My experience

is that 8503 is more than likely anyway and giving Immi an excuse to stay in Australia

and not return almost guarantee's the imposing of 8503.

Just my version of things anyway.

Just my 2 cents

I have read on the D.I.B.P. web site that having a baby with an applicant can come under... compelling and compasionate circumstances this may not be so for a visitor visa but is so for a partner visa.

Therefore the OP may still be able to apply for a partner visa onshore if the 8503 is imposed on her visitor visa.

You cannot apply for another visa when 8503 is imposed. You have to apply to have 8503

waived before you can apply.

It's extremely hard to get a waiver.

DIBP regulations state:

The circumstances in which the minister may waive [condition 8503] are:

1. since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
   1. over which the person had no contro
   2. that resulted in a major change to the person's circumstances

The word since being the important one. This is not a case of someone being in Australia on a tourist visa and finding out she is pregnant.

This case was discussed previously:

http://www.adelaidenow.com.au/news/south-australia/adelaide-man-fights-to-keep-pregnant-russian-girlfriend-here/story-e6frea83-1226652602806

A DIPB spokesman has said: "Australian courts have found falling pregnant does not meet legislative grounds for waiving condition 8503 (no further stay). It is up to a client who is onshore and subject to condition 8503 to depart Australia and apply offshore for a visa which is appropriate for their circumstances.''

Also discussed previously here

http://www.thaivisa.com/forum/topic/642749-australian-visa-condition-8503-nfs-why-its-imposed/?hl=+8503

Edited May 19, 2014 by Will27

[David48]

^^ I understand what nightwatch is getting at ... but a salient point missed maybe is that ...

It's not the applicant who is having the baby.

The applicant is a male Thai citizen ... thus no medical reason for the extension to stay, IMHO would not be granted.

Never know till you try on compassionate grounds, but the applicant would have been well aware that his partner, the OP in this case, was pregant before the Tourist Visa was applied for ... you could test the system ... but I don't like the odds.