Married to an Australian. Any visa issue?

Waitforit101

Hi there

I've been married to an Australian for 17 years and we have decided to move over there.

I'm just wondering what type of Visa I need to live and work there.

Thank you

mel.b

Have a look here...

https://www.homeaffairs.gov.au/trav/brin/part

Ouch...not cheap to do...from $7000

Waitforit101

So it would seem I go over on an 820 Visa and wait for them to process it to make it an 801. Can I work while that's being processed? Plus I am a bit surprised by the 7000 dollar fee. My wife didn't pay anything to come here.

mel.b

I interpreted it as option 2, applying from outside Australia.

Yes, you can work on both visas...the info is on the website.

Peregrinus

I did this about 15 years ago. The fees were non-trivial, but a lot less than $7,000. (From memory, about $2,000, but don't quote me.)

I agree with mel.b; in your circumstances option 2 is indicated.

It was all a bit of a production. The system was very sceptical; it seemed to proceed on the assumption that you got married last week in Amsterdam in a drug-induced haze; the fact that we'd been married for five years, had two children and owned a home together didn't seem to be evidence of the genuineness of our relationship. I had to go for a medical check and the doctor (nominated by the embassy) failed to tick some box on the form as a result of which consideration of my application was halted, but I was never told. only when I enquired, after the expected date of notification, was I told that the process had been halted at an early stage and it was up to me to go back to the doctor, get the form rectified, and start it again. In general the telephone enquiry service was (as far as I would see, deliberately) awful.

Unless the hugely increased fee has been used to fund an improved service, so , be prepared for a Kafkaesque bureaucratic horror. But you'll get there in the end.

pete4130

Yes, you'll get your 820 Visa and you have full rights to work, medicare, credit line, be able to leave the country an return when you want.

I did this about 5 years ago and the fees were about $4000 all in. Factor in another $500 for medical fee.

The biggest thing is the wait for processing times for the visa to come through.

Waitforit101

mel.b wrote: »

I interpreted it as option 2, applying from outside Australia.

Yes, you can work on both visas...the info is on the website.

That's great that I can work. Can start paying off the big fee! So I can make the application here, tomorrow (for arguments sake) and then fly out in a month and pick things up as normal over there while awaiting the permanent residence visa to process?

Waitforit101

pete4130 wrote: »

Yes, you'll get your 820 Visa and you have full rights to work, medicare, credit line, be able to leave the country an return when you want.

I did this about 5 years ago and the fees were about $4000 all in. Factor in another $500 for medical fee.

The biggest thing is the wait for processing times for the visa to come through.

Thanks Pete. Did you apply over there or in Ireland?

aido79

Waitforit101 wrote: »

That's great that I can work. Can start paying off the big fee! So I can make the application here, tomorrow (for arguments sake) and then fly out in a month and pick things up as normal over there while awaiting the permanent residence visa to process?

You don't seem to have looked into this much at all really. This what I found from a quick google search so I am open to correction:

The 820 visa is an onshore visa so you must be in Australia when you apply for it and the processing time is around 2 years:

https://www.homeaffairs.gov.au/trav/visa-1/801-

If you had a current visa for Australia you could go on a bridging visa but as you don't then you would need to wait for the visa to be granted to enter Australia.

This would probably be a better option:

https://www.homeaffairs.gov.au/trav/visa-1/309-

As you will see from the link above 70% of applications are processed in 11 months and 90% are processed within 16 months so there is still a long waiting period.

Either way you will have to put your plans to go to Australia on hold til at least next year.

Waitforit101

aido79 wrote: »

You don't seem to have looked into this much at all really. This what I found from a quick google search so I am open to correction:

The 820 visa is an onshore visa so you must be in Australia when you apply for it and the processing time is around 2 years:



If you had a current visa for Australia you could go on a bridging visa but as you don't then you would need to wait for the visa to be granted to enter Australia.

This would probably be a better option:



As you will see from the link above 70% of applications are processed in 11 months and 90% are processed within 16 months so there is still a long waiting period.

Either way you will have to put your plans to go to Australia on hold til at least next year.

Is it possible to go on a holiday visa and apply for the 820 while there?

aido79

Waitforit101 wrote: »

Is it possible to go on a holiday visa and apply for the 820 while there?

Did you read the links I posted and if so why are you still keen to apply for the visa with the longer waiting time and for which you are not eligible for as you are not currently living in Australia?

The 309 visa is the visa you should be applying for and for that one you need to be outside Australia when you apply for the visa and also when the visa is granted. There is nothing to say you can't go over on a holiday visa after you have applied and leave before the visa is granted and then enter the country and to activate it.

Be aware that you will have no working rights while on a holiday visa but your partner will be allowed to as they are a citizen.

Waitforit101

aido79 wrote: »

Did you read the links I posted and if so why are you still keen to apply for the visa with the longer waiting time and for which you are not eligible for as you are not currently living in Australia?

The 309 visa is the visa you should be applying for and for that one you need to be outside Australia when you apply for the visa and also when the visa is granted. There is nothing to say you can't go over on a holiday visa after you have applied and leave before the visa is granted and then enter the country and to activate it.

Be aware that you will have no working rights while on a holiday visa but your partner will be allowed to as they are a citizen.

OK. I did indeed read the links. The reason we need to get back ssoner rather than later in short is there is a serious family reason for my wife. She is keen to leave sooner rather than later. I am sure that most people can understand that having lived abroad for various periods of time. Than you for your responses which have been most helpful.

aido79

Waitforit101 wrote: »

OK. I did indeed read the links. The reason we need to get back ssoner rather than later in short is there is a serious family reason for my wife. She is keen to leave sooner rather than later. I am sure that most people can understand that having lived abroad for various periods of time. Than you for your responses which have been most helpful.

No worries. The best bet would be to get the ball rolling on the 309 application and head over on a holiday visa.

Best of luck with it and hope it all works out.

Peregrinus

The processsing time for even the temporary visa is months - typically many months.

So, no, there's no possibility of starting the ball rolling today, flying out in a month's time and starting work.

What you can do is apply for the temporary visa today, stick around for long enough to get the medical, etc, out of the way, and then head out on a visitor visa. You won't be able to work. This is what I did.

When your temporary visa is approved, you have to be outside Australia in order to have it formally granted. I flew to Singapore for a few days while the embassy sorted out the paperwork and entered the visa into my passport, and then back to Australia.

The transition from temporary visa to permanent visa, once you qualify for it, is simpler and more straightforward.

Then, when you have been resident for long enough, you can apply for citizenship.

pete4130

Waitforit101 wrote: »

Thanks Pete. Did you apply over there or in Ireland?

I applied while I was in Australia. There are a few more steps when you apply here.

You could come here on a holiday visa and then apply while you are here and be granted your Bridging Visa A which gives you the same rights as the 820 visa except 1 restriction; that you can't leave and re-enter Australia without losing your Bridging Visa status (and would have to apply form scratch and pay the $7000 again). If you do want to leave you just apply for a Bridging Visa B for he period you are out of the country. You'll revert back to bridging visa B on re-entry.
This option means your processing time for your 820 visa would be spent while you are in Australia, able to work, entitled to medicare etc and not have to wait in Ireland while your 820 is processed. To be sure, I'd double check with a migration agent. I can't see why you couldn't do this. You'd just state n your stat dec that you came on holiday and decided to stay.



You'll stay on the bridging Visa for up to a year or so, then you'll be finally assessed with your paper work, statutory declaration forms etc, and receive your 820 visa.

You'll then have to resubmit the exact same forms for your 801 Visa that you submitted for your 820 visa again.....because its a new visa....they make submit new forms....again.

You'll be on that for about another 12 months (maybe its 24 months, I can't remember?).


EDIT: As Peregrinus said, you may have to leave and re enter for the temporary/briding visa to be granted because you are on a tourist visa. My situation was I got my bridging visa as my 2 year working holiday visa was coming to an end, so a different situation and circumstances for you.

Waitforit101

pete4130 wrote: »

I applied while I was in Australia. There are a few more steps when you apply here.

You could come here on a holiday visa and then apply while you are here and be granted your Bridging Visa B (I think its which gives you the same rights as the 820 visa except 1 restriction; that you can't leave and re-enter Australia without losing your Bridging Visa status (and would have to apply form scratch and pay the $7000 again). If you do want to leave you just apply for a Bridging Visa A for he period you are out of the country. You'll revert back to bridging visa B on re-entry.
This option means your processing time for your 820 visa would be spent while you are in Australia, able to work, entitled to medicare etc and not have to wait in Ireland while your 820 is processed. To be sure, I'd double check with a migration agent. I can't see why you couldn't do this. You'd just state n your stat dec that you came on holiday and decided to stay.



You'll stay on the bridging Visa for up to a year or so, then you'll be finally assessed with your paper work, statutory declaration forms etc, and receive your 820 visa.

You'll then have to resubmit the exact same forms for your 801 Visa that you submitted for your 820 visa again.....because its a new visa....they make submit new forms....again.

You'll be on that for about another 12 months (maybe its 24 months, I can't remember?).


EDIT: As Peregrinus said, you may have to leave and re enter for the temporary/briding visa to be granted because you are on a tourist visa. My situation was I got my bridging visa as my 2 year working holiday visa was coming to an end, so a different situation and circumstances for you.

Thanks. I think this may be the option we do. Does it take long to get the bridging visa once applied for?

aido79

Waitforit101 wrote: »

Thanks. I think this may be the option we do. Does it take long to get the bridging visa once applied for?

There would be no point trying to get a bridging visa in your case. A bridging visa just allows you to stay in Australia whilst awaiting another visa to be approved. In your case a bridging visa would only give you the same conditions as a tourist visa.

pete4130

aido79 wrote: »

There would be no point trying to get a bridging visa in your case. A bridging visa just allows you to stay in Australia whilst awaiting another visa to be approved. In your case a bridging visa would only give you the same conditions as a tourist visa.

No, A Bridging Visa B has restrictions similar to a tourist visa. The OP would go on a Bridging Visa A, as I did when I applied while inside Australia. It was granted right away, the day my application was submitted in person at the office.

Bridging Visa A give you full rights to stay, live, work, medicare as I have already said, with the only restriction not being allowed to leave the country and re-enter without losing your bridging visa status.

EDIT: OP, I went on a Bridging Visa A (BVA) which has NO RESTRICTION about working or staying in the country. I got the Bridging Visas mixed up.


https://www.homeaffairs.gov.au/Trav/Visa-1/010-

pete4130

You will have automatically applied for a BVA if you applied for certain substantive visas and:
- you are in Australia
- the substantive visa can be granted to you while you are in Australia
- when you lodged that application, you still held a substantive visa.

That to me, reads that you can apply for the defacto/partner/820 visa while in Australia, it can be granted to you while you are in Australia and when you lodged your application, you did have a substantive visa.

Again, double check with immigration/border control here (they are actually very helpful when you call them, when you finally get through!) or a migration agent. Usually flicking a migration agent an email query will get you an answer, in the hope that you use them to submit your visa application.

aido79

pete4130 wrote: »

No, A Bridging Visa B has restrictions similar to a tourist visa. The OP would go on a Bridging Visa A, as I did when I applied while inside Australia. It was granted right away, the day my application was submitted in person at the office.

Bridging Visa A give you full rights to stay, live, work, medicare as I have already said, with the only restriction not being allowed to leave the country and re-enter without losing your bridging visa status.

EDIT: OP, I went on a Bridging Visa A (BVA) which has NO RESTRICTION about working or staying in the country. I got the Bridging Visas mixed up.


https://www.homeaffairs.gov.au/Trav/Visa-1/010-

A bridging visa A gives you the same rights as you had on the visa you are bridging from. If you previously held a visa which gave you working rights (in your case you probably had I'm guessing). In the case of a tourist to a bridging visa the person wouldn't have working rights. If that was the case then more people would be doing it.

https://www.homeaffairs.gov.au/Trav/Visa-1/010-

​
"What you can do
A BVA allows you to remain lawfully in Australia until a decision is made on your substantive visa application.

If you still hold a current substantive visa when your BVA is granted, you must continue to comply with any conditions that are on that substantive visa. When your substantive visa ends, the conditions of your BVA will apply."

pete4130

aido79 wrote: »

A bridging visa A gives you the same rights as you had on the visa you are bridging from. If you previously held a visa which gave you working rights (in your case you probably had I'm guessing). In the case of a tourist to a bridging visa the person wouldn't have working rights. If that was the case then more people would be doing it.

https://www.homeaffairs.gov.au/Trav/Visa-1/010-

​
"What you can do
A BVA allows you to remain lawfully in Australia until a decision is made on your substantive visa application.

If you still hold a current substantive visa when your BVA is granted, you must continue to comply with any conditions that are on that substantive visa. When your substantive visa ends, the conditions of your BVA will apply."

You may be correct but you can also apply for a new BVA while on a current BVA that allows you to work if you can prove you are in financial hardship.

https://www.homeaffairs.gov.au/visas/supporting/Pages/010/Working-in-Australia-while-you-hold-a-BVA.aspx

Also the wording implies that the restrictions of the tourist visa, being the substantive visa you would be on, would continue until that substantive visa expired and you would then be on the BVA and border control will tell you if you have work restrictions.

I think you would have a strong case for working rights seeing as you've been married to your partner for 17 years, have proof of ongoing relationship, their Australian citizenship etc.

There is no charge for a BVA so reapplying to obtain working rights such be no additional financial burden.

I would recommend speaking to a migration agent to get clarity on everything.

aido79

pete4130 wrote: »

You may be correct but you can also apply for a new BVA while on a current BVA that allows you to work if you can prove you are in financial hardship.

https://www.homeaffairs.gov.au/visas/supporting/Pages/010/Working-in-Australia-while-you-hold-a-BVA.aspx

Also the wording implies that the restrictions of the tourist visa, being the substantive visa you would be on, would continue until that substantive visa expired and you would then be on the BVA and border control will tell you if you have work restrictions.

I think you would have a strong case for working rights seeing as you've been married to your partner for 17 years, have proof of ongoing relationship, their Australian citizenship etc.

There is no charge for a BVA so reapplying to obtain working rights such be no additional financial burden.

I would recommend speaking to a migration agent to get clarity on everything.

That's all true but it would be up at the discretion of department of immigration and in no way guaranteed.

I would second the advice of getting in touch with a registered migration agent.

Waitforit101

Thanks to everyone for the advice.

I have booked an appointment with a registered emigration agent for next week and will let you know how it goes. Maybe my meeting might even be helpful to others.

Waitforit101

OK so my wife spoke to the immigration agent and as we've been married so long there shouldn't be anything too complicated involved. I go over on a holiday visa but apply for permanent visa when I arrive.

I will be issued a bridging visa within three months of having made the application and paid the fees (within Australia). This will give me the right to work while the permanent visa application is under review. It could take two years to get this visa but should be automatic.

pete4130

Thats great news. The 3 month wait could be until your holiday visa expires. They may gie you the bridging visa much sooner though hopefully.

It's just a formality waiting the 2 years or so for the full PR to come along.

You'll go from the Bridging Visa to your 820 (temp) and then fill in the same forms again for your 801 (PR) visa.

Just remember to apply for the other bridging visa if you intend to exit Australia while on the bridging visa, or you will have to start the process all over again.