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Onshore (820) Partner Visa Questions


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#1 Mundi

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Posted 12 April 2013 - 01:10 AM

Hi all,

My wife is currently with me in Australia on a multiple entry visitor visa. She does not have the 8503 condition attached to the visa.
Her current 3 month period runs out in June.

Questions:

Can we apply for an Onshore 820 visa?

If so, we would like to front end load the medical check. The booklet indicates this is the preferred method. Assuming no health issues, how long does it take to get the results back from the medical?

I know processing could be up to 12 months for the visa, but can we expect to receive an automatic bridging visa prior to June, or will we have to notify them?

We are booked to return to Thailand in August, can she travel on the bridging visa, or do we have to make a separate application to allow her to travel?

Thanks,
Leigh


#2 Kanga

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Posted 13 April 2013 - 04:59 AM

Hi all,

My wife is currently with me in Australia on a multiple entry visitor visa. She does not have the 8503 condition attached to the visa.
Her current 3 month period runs out in June.

Questions:

Can we apply for an Onshore 820 visa?

If so, we would like to front end load the medical check. The booklet indicates this is the preferred method. Assuming no health issues, how long does it take to get the results back from the medical?

I know processing could be up to 12 months for the visa, but can we expect to receive an automatic bridging visa prior to June, or will we have to notify them?

We are booked to return to Thailand in August, can she travel on the bridging visa, or do we have to make a separate application to allow her to travel?

Thanks,
Leigh


Hi Leigh,

If your wife is in Australia on a substantive visa that does not have the no further stay condition on it (condition 8503) then she can make a valid onshore partner visa application. From what you have stated, this appears to be the case.

You are correct, you can front end load the medicals (onshore partner) which basically means the medicals can be done prior to the application being submitted.

Once the onshore partner visa application is submitted your wife will be granted a bridging visa A which will confer legal status upon her until a decision is made on her partner visa application. If however your wife wants to travel outside of Australia during this period she must apply for a bridging visa B

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

#3 ChrisEvans

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Posted 15 April 2013 - 11:18 PM

I know they recommend front loading. But I professionally don't like the idea. A lot of the time, applications will take a long time to process, and the last I checked, the processing time was over 12 months regardess of the country your spouse is from. Which means, when the time comes to check the health of the applicant, the Medical will be invalid, as it is over 12 months old.

Make the application with the minimum 'Time of Application' requirements. If you are applying inside Australia, it does not make a difference, as a bridging visa without limitations will be granted anyway after the tourist visa expires.

Regards,

Chris.

Chris Evans
Registered Migration Agent
MARN 1173793
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#4 Kanga

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Posted 16 April 2013 - 06:36 AM

I know they recommend front loading. But I professionally don't like the idea. A lot of the time, applications will take a long time to process, and the last I checked, the processing time was over 12 months regardess of the country your spouse is from. Which means, when the time comes to check the health of the applicant, the Medical will be invalid, as it is over 12 months old.

Make the application with the minimum 'Time of Application' requirements. If you are applying inside Australia, it does not make a difference, as a bridging visa without limitations will be granted anyway after the tourist visa expires.

Regards,

Chris.


Good point Chris,

The last thing you would want is for the medicals to be out of date at the time of decision. If on a bridging visa, then when does it really matter when the medicals are done.

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#5 Mundi

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Posted 21 April 2013 - 09:27 AM

Thanks for the replies guys. We will wait to do the medical. Unfortunately we have already done the police check when last in Thailand, but no biggie if we need to do again.

cheers,
Leigh


#6 Kanga

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Posted 21 April 2013 - 09:58 PM

Yes the police clearance, like the medicals is only valid for 12 months, but as yoy have said it isn't a great deal to get another one.

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.




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