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Applying for an Australina Tourist Visa whilst waiting for a Partner Visa to be processed?


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Posted

I am wondering if anyone has had any luck in applying for an Tourist Visa to Australia while they are waiting for their Partner Visa to be processed?

I am currently in the process of getting ready to apply for a partner visa for my partner, which I assume is going to take 12 months to process and don't fancy having to spend another 12 months stuck in Thailand waiting to return home with my family.

Posted

When an Australia visa is granted it automatically cancels any other visa that is in effect. If your partner visa is granted early and then your tourist visa is granted immediately thereafter, or if the applicant was in Australia on a tourist visa at the time the partner visa was granted early, then it is possible that your partner visa could be cancelled by the tourist visa, which would be a heartbreaking state of affairs.

Make sure you tell the case officer or partner visa processing centre that is handling your partner visa application that you want to apply for a tourist visa and let them know your proposed travel dates. Only apply for the tourist visa when you have the go ahead from them.

  • Like 1
Posted

When an Australia visa is granted it automatically cancels any other visa that is in effect. If your partner visa is granted early and then your tourist visa is granted immediately thereafter, or if the applicant was in Australia on a tourist visa at the time the partner visa was granted early, then it is possible that your partner visa could be cancelled by the tourist visa, which would be a heartbreaking state of affairs.

Make sure you tell the case officer or partner visa processing centre that is handling your partner visa application that you want to apply for a tourist visa and let them know your proposed travel dates. Only apply for the tourist visa when you have the go ahead from them.

I don't think that's entirely correct.

For a start, the spouse visa can't be issued whilst the applicant is onshore, regardless of any visa they're on

Also, a tourist visa wouldn't be issued if the person had a spouse visa.

It is a good idea as you suggested to keep your case office informed of any travel movements though.

rws85, why don't you apply for a toursit visa before you lodge the spouse application?

If your wife happens to get a visa without 8503 (no further stay) condition, you can the

apply for the spouse visa whilst in Australia.

Posted

When an Australia visa is granted it automatically cancels any other visa that is in effect. If your partner visa is granted early and then your tourist visa is granted immediately thereafter, or if the applicant was in Australia on a tourist visa at the time the partner visa was granted early, then it is possible that your partner visa could be cancelled by the tourist visa, which would be a heartbreaking state of affairs.

Make sure you tell the case officer or partner visa processing centre that is handling your partner visa application that you want to apply for a tourist visa and let them know your proposed travel dates. Only apply for the tourist visa when you have the go ahead from them.

I don't think that's entirely correct.

For a start, the spouse visa can't be issued whilst the applicant is onshore, regardless of any visa they're on

Also, a tourist visa wouldn't be issued if the person had a spouse visa.

It is a good idea as you suggested to keep your case office informed of any travel movements though.

rws85, why don't you apply for a toursit visa before you lodge the spouse application?

If your wife happens to get a visa without 8503 (no further stay) condition, you can the

apply for the spouse visa whilst in Australia.

That was the plan, unfortunately the only gave her 3 months single entry with no further stay. So before we travel to Australia we will have to lodge an application for her Partner visa.
Posted

When an Australia visa is granted it automatically cancels any other visa that is in effect. If your partner visa is granted early and then your tourist visa is granted immediately thereafter, or if the applicant was in Australia on a tourist visa at the time the partner visa was granted early, then it is possible that your partner visa could be cancelled by the tourist visa, which would be a heartbreaking state of affairs.

Make sure you tell the case officer or partner visa processing centre that is handling your partner visa application that you want to apply for a tourist visa and let them know your proposed travel dates. Only apply for the tourist visa when you have the go ahead from them.

I don't think that's entirely correct.

For a start, the spouse visa can't be issued whilst the applicant is onshore, regardless of any visa they're on

Also, a tourist visa wouldn't be issued if the person had a spouse visa.

It is a good idea as you suggested to keep your case office informed of any travel movements though.

rws85, why don't you apply for a toursit visa before you lodge the spouse application?

If your wife happens to get a visa without 8503 (no further stay) condition, you can the

apply for the spouse visa whilst in Australia.

That was the plan, unfortunately the only gave her 3 months single entry with no further stay. So before we travel to Australia we will have to lodge an application for her Partner visa.

Oh ok.

I assumed by your post a few days ago that you were enquiring about obtaining a visitor visa.

I didn't realise you had one.

Posted

When an Australia visa is granted it automatically cancels any other visa that is in effect. If your partner visa is granted early and then your tourist visa is granted immediately thereafter, or if the applicant was in Australia on a tourist visa at the time the partner visa was granted early, then it is possible that your partner visa could be cancelled by the tourist visa, which would be a heartbreaking state of affairs.

Make sure you tell the case officer or partner visa processing centre that is handling your partner visa application that you want to apply for a tourist visa and let them know your proposed travel dates. Only apply for the tourist visa when you have the go ahead from them.

I don't think that's entirely correct.

For a start, the spouse visa can't be issued whilst the applicant is onshore, regardless of any visa they're on

Also, a tourist visa wouldn't be issued if the person had a spouse visa.

It is a good idea as you suggested to keep your case office informed of any travel movements though.

rws85, why don't you apply for a toursit visa before you lodge the spouse application?

If your wife happens to get a visa without 8503 (no further stay) condition, you can the

apply for the spouse visa whilst in Australia.

From the Australia immigration website here:

https://www.border.gov.au/about/corporate/information/faqs/family-migration-questions-and-answers

We see this:

"Applicants who travel to Australia on a temporary visa while waiting for their family stream visa application to be processed by an immigration office outside Australia should inform the processing office about their planned visit to Australia."

The reason being that you are not allowed to hold more than one Australia visa at the same time, and they will be unable to grant the partner visa while your wife is in Australia if the application was lodged offshore and would postpone issuing the partner visa until the trip was complete.

If you already have the tourist visa, then there is no chance of it cancelling the partner visa.

  • Like 1
Posted

I was think about obtaining a second one when this one expires. As ideally I'd like to return to Australia and start working again but don't want be separated from my partner and two month old daughter.

I thought if I lodge the application this week, I'm allowed to stay in Thailand until March the 8th, then we plan on travelling to Australia for 3 months. Effectively using up 4.5 months of processing time.

Instead of me having to come and live in Thailand again, I'd like to again try for a tourist visa in June.

  • 2 months later...
Posted

Wait it out in Thailand as long as you can before coming to Aus on tourist visa (in hindsight).

When we applied for spouse they tofd us (immigration Officers in Thrusday Q&A, VFS staff) to apply for both at same time. i had forgotten the letter of intro for the tourist visa - so applied for spouse Friday and tourist Monday.

Had seen a link on german Aus embassy site saying can enter Aus on tourist visa while application under consideration.

Bkk Immign staff confirmed "no problem".

Now I find out has kinda delayed the whole thing..... which is a pain down the track now

Posted

Wait it out in Thailand as long as you can before coming to Aus on tourist visa (in hindsight).

When we applied for spouse they tofd us (immigration Officers in Thrusday Q&A, VFS staff) to apply for both at same time. i had forgotten the letter of intro for the tourist visa - so applied for spouse Friday and tourist Monday.

Had seen a link on german Aus embassy site saying can enter Aus on tourist visa while application under consideration.

Bkk Immign staff confirmed "no problem".

Now I find out has kinda delayed the whole thing..... which is a pain down the track now

Would've been ideal if you applied for a tourist visa first.

If granted without 8503 condition, you could've then applied for a spouse visa onshore.

Most things looks better with the benefit of hindsight though.

Still, sounds like you (hopefully) haven't got long to wait.

Don't forget to inform your case officer when your husband leaves Australia.

Posted (edited)

Thanks Will.

Yes hindsight is spot on. I keep telling myself it will be better soon!

We did what the Immigration officers on Thrusday Q&A at VFS advised - lodge both at same time. As I was not ready to leave Thailand at that point, and they advised applying from Aus would take longer (an extra year).

This advice does match with what have heard from this side since coming over. Applying in Bkk means that no one here can do much to speed things up there. A mate here that is in state parliament says one of the other members is powerless to speed up her partner's visa also, and they have been waiting longer (not Thailand).

In the meantime, just wait it out.... trying not to go "luba" about that... wish there were more left in the waiting thread, feel rather alone over there now :)

Home with a sick kid today, so have let a lot of the stress go while rereading these forums.

Edited by redfish44
Posted (edited)

I was think about obtaining a second one when this one expires. As ideally I'd like to return to Australia and start working again but don't want be separated from my partner and two month old daughter.

I thought if I lodge the application this week, I'm allowed to stay in Thailand until March the 8th, then we plan on travelling to Australia for 3 months. Effectively using up 4.5 months of processing time.

Instead of me having to come and live in Thailand again, I'd like to again try for a tourist visa in June.

rqs85 - you know you can get a Non-O visa as a spouse of a Thai and wait in Thailand for a year? You just have to report to immigration every 90 days. Don't get it in Adeaide though as the crazy woman there puts a read "no extension of stay" stamp on it, and you can get an extension of stay every year there after.

I say this as I think I read somewhere you were in the south of Thailand (as we were), and immigration there was helpful to keep me there as "mother of thai baby, no problem". They even fixed up the issue I had re the crap red stamp (got new passport and swapped Thai via stuff over).

While am happy never to have to do another extension of stay, I will kinda miss their funny antics in rural immigration.

- although just read you OP of "don't fancy waiting it out here"... in hindsight waiting it out in Thailand would have been cheaper and possibly less stressful for me. We came back when we did though to get our child settled in kindy at the start of the Aus school year. Wish we had aplied earlier basically :)

Edited by redfish44

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