Visitor visa whilst sponsorship visa application is processed

[chefseph]

Hi all, back on here looking for some insight.

I'm currently in Australia waiting for my 457 sponsorship visa to be processed. I was here on a visitor visa which automatically switched to a bridging visa.

My wife (Thai) was here with me but the migration agent missed the no further stay clause on her visa so she had to unexpectedly return to Thailand (2 days notice) so not to be on overstay and for her to be able to be part of my sponsored application as a spouse.

I have proved that I am in financial difficulties so I'm being allowed to work on my bridging visa but my wife has to wait for the visa to be granted until she can come back. This might take up to 3 months so you can imagine my wife's distress at being away so long from me.

Would she be able to apply for a visitor visa so she could come until the visa is granted?

Hope my post makes sense.

Thanks

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[Will27]

Did you speak to your agent about getting a waiver on the 8503 condition?

 

Anyway, there's nothing to stop your wife applying for another tourist visa.

[chefseph]

Did you speak to your agent about getting a waiver on the 8503 condition?
 
Anyway, there's nothing to stop your wife applying for another tourist visa.

Hi will thanks for your reply.

What grounds you reckon I can argue?

The migration agent was very apologetic about the whole incident and even returned the fees paid to her to my sponsor, for the distress caused. However, she seems certain that my wife will have to wait until the sponsorship visa is granted. She said there's not much she can do except to inform the department of our situation so they maybe speed up the process. But she didn't sound too optimistic.

I asked here about getting my wife a new visitor visa buy but she said if granted, it will still have the no further stay clause and she would still have to exit and enter Australia later on.

I'm going to Thailand over new year and coming back in January. And I want to try everything so I bring my wife back with me.


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[Will27]

Well, it's too late to argue now.

 

But when she was onshore, a waiver of 8503 could've been applied for, depending on the circumstances.

 

A waiver is not easy to get but basically if there are compelling and compassionate circumstances that developed since the

visa was granted, over which the person had no control or that resulted in a major change to the person's circumstances, they can apply.

 

A lot of it would've depended on what she put down as the reason for her visit. I assume it was to be with you.

 

For example, if you went to Australia to look for a job, well that's not really unexpected if you got offered a position,

but if you went on holidays and got offered a job, that's a bit different.

 

It's a moot point now I guess as she's gone but it might've been an option.

 

From what you've said about your financial situation, would probably  be better to wait until the 457 visa will be ready in Feb/March.

Otherwise, you'll be up for an extra ticket for her to leave and return to Oz.

 

[chefseph]

We knew before we came to Australia I was going to get sponsored and my wife was supposed to be included. All documents were in the migration agent's hands 8 weeks before visa expiry and she assured all was fine.

I knew she had a no further stay as I had applied for her visa in Thailand but didn't question her.

The migration agent stuffed up. She only found out about the clause when the system rejected my wife's application. Called us Friday afternoon had to be out by Sunday. You can imagine the drama that followed lol

Nothing much I can do about it but thanks for taking the time to reply.



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[Will27]

From what you've said, it was highly unlikely she would've received a waiver.

 

Bad oversight by the agent, but really, not much could've been done anyway.

Although having to leave the country with a few days notice would've been tough.

 

All the best for the future.

[chefseph]

Hi will it's me again. Can I apply online for a visitor visa for her from Australia? Her biometrics are already on the system from last time. Any info on what steps I need to take?

Cheers for your help much appreciated


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[Will27]

4 hours ago, chefseph said:

Hi will it's me again. Can I apply online for a visitor visa for her from Australia? Her biometrics are already on the system from last time. Any info on what steps I need to take?

Cheers for your help much appreciated


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Mate

Your wife can apply online.

 

I'm pretty sure you have to submit biometrics for each application.