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Posted

Hi All,

We are about to start the process of applying for an Australian partner visa, and I have a few questions/clarifications - any advice would be greatly appreciated. Apologies for the long email.

Background

I'm Australian. We met and began living together in 2005 while I was working in Thailand on a 4 year expat assignment. We then moved together to another country (not Aus) for a couple of years, where she was granted a dependent visa tied to my work visa/permit for that country. Given we were continually living outside of Australia, she has just held (and currently holds) a series of 12 month ME tourist visas to enable holiday trips home for Christmas etc. We are now living in Aus and would like to start the partner visa process.

Questions

  1. The immigration website says that she must be in Australia when the 820 subclass visa application is submitted and when it is granted. As she is on the 3 month max stay under the tourist visa, what happens if the decision is not made prior to her 3 month period ending? Is this scenario what the bridging visa is for? Is it the usual case that the bridging visa is issued while the application is being processed?
  2. Does this mean that she cannot leave Australia at all while the application is being processed? If not, how do you know when the decision is about to be made so she can ensure she is in country?
  3. There is a high likelihood I will take another expat assignment in the next ~6 months. How does this impact the process a) if we were to relocate prior to the 820 being decided or B) after the 820 was granted but prior to the 801?
  4. Is there any mandate that partner visa holder needs to spend certain amount of time in Australia under either of the visa classes - trying to understand the implications of a potential work move.
  5. One of the document requirements is for health cover in Australia - i was not aware non-PR visa holders can apply for Medicare or private health cover.

I think that's it for now.. appreciate any advice you can give.

Posted

Does her tpurist visa have a no further stay on it? If so, she cant apply in australia, and 2ont be given a bridging visa.

Waiting times are 8-12 months offshore and 12-18 months onshore. She wont have it in 3 months.

If she doesnt have the no further stay, and applies in Australia, sh3 can leave the country, but must be in the country for an answer to be given. Usually the case officer will let you know when to be in the country.

When given the temporary partner visa, sh3 must be in Australia the majority of time, to then be given permanent residency in 24 months ish. If she spends a large amount of time out of Aus, they wont grand her perm res.

She will get medicare when.ahe gets temporary partner visa.

Posted

Thanks Larz,

Yes her current tourist visa has no further stay, so if she applies outside Australia, is she still able to hold and enter Australia during the wait time on a tourist Visa?

Posted

Yes, she will have to apply for another tourist visa. Try for a 12 month multi entry.

Keep in mind, she has to still show she has reasons to return home.

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