Onshore Partner Visa on tourist visa – English Version


Onshore Partner Visa on a Tourist Visa
Is the Onshore Partner Visa on a Tourist Visa a good idea or a bad
idea? This has become an increasingly popular option
for Australian Filipina couples in recent years, since the Condition 8503 (No
Further Stay) on tourist visa grants from Manila became a rarity and since they evened
up the cost of onshore and offshore partner visas. In years gone by it was virtually impossible
for an Australian Filipina couple to make an onshore partner visa application,
but times change. What we’re talking about is lodging an onshore
partner visa application whilst the visa applicant from Philippines is inside
Australia normally on a tourist visa, where the Filipina visa applicant is granted a Bridging
Visa which is valid during the processing time of the partner visa application. Effectively, the Filipina lady doesn’t
need to return to the Philippines and may remain in Australia with her Australian
husband. Being together in Australia during the processing
instead of the Filipina applicant remaining in Philippines for sometimes
a long time, and this has a very obvious appeal. We are happy processing applications either
way. Believe me we really don’t mind,
nor do we have opinions on what is “better” or worse. All we insist on is that the
application be prepared and managed within the rules of Migration Law and within
the realms of practicality. Trying to do a rush-job partner visa application
during a three month tourist visa stay is rarely practical,
and this becomes more so when you plan to marry your Filipina lady during the
same time period. The end result is
usually running out of time, and maybe lodging a poor-quality partner visa application
which is a very bad idea. If you do wish to do this, we need you to
contact us early, ie. long before the visa applicant has left for Australia from Philippines. Be aware too that yes you may legally marry
inside Australia whilst on a tourist visa. This is perfectly within the Immigration rules,
as long as the primary reason you went to Australia in the first place was to
spend time together as a couple and to enhance your relationship. And this is another sound reason to get professional
help with your visa application. The following is some discussion on the pros
and cons of onshore partner visa applications on a tourist visa versus offshore
partner visa applications from Philippines to Australia. Onshore Partner Visa or Offshore Partner Visa? A Comparison Pros
? When you lodge a successful onshore application, the applicant gets to stay
in Australia on a Bridging Visa and doesn’t need to return. ? Applicant can apply for Medicare
? Applicant will usually get work rights ? You MAY marry in Australia on a tourist
visa, and you may even apply for a tourist visa with a secondary intention of
marrying in Australia. But it can’t be
your primary reason to visit Australia. Visiting Australia to spend time with
your fianc�e and to enhance your relationship is acceptable. Cons
? The tourist visa application may not be successful. Highly unusual for us, but you
need to know it’s still a possibility. ? Marrying in Australia means meeting with
a priest or marriage celebrant, arranging a wedding date (they are often booked
months ahead), lodging a Notice of Intent to Marry form, and waiting
30 days for a marriage license. Trying
to organise a wedding AND a complex visa application within a 3 month stay can
be stressful and very challenging. ? She may be dealing with culture shock
? You are most likely still going to work every day
? She will require documents from Philippines, which will be harder for her to
organise while she’s in Australia. ? The looming deadline will be sitting on
your heads while you are trying to prepare everything and to have it all lodged before
her tourist visa runs out! We have
strategies to deal with this, so please feel free to discuss. ? And apart from anything else, you still
have jobs to go to, shopping to do, lawns to mow, etc. You will be very busy! Australian Onshore Partner Visas Pros and
Cons Pros
? May apply as a de facto couple ? May apply as a same-sex couple
? May include dependent children if inside Australia
? Eligible for bridging visa ? May remain in Australia during processing
on bridging visa ? Bridging visas usually come with work rights
? Partner visa itself comes with work rights ? Partner visa is multiple entry
? May apply for Medicare after visa application is lodged Cons
? Initial stay is on a tourist visa, ie. no work rights, overseas travel, Medicare
? High-pressure application, as must be lodged in a decision-ready state before tourist
visa expires ? Must be married or in a genuine and provable
de facto relationship before applying ? High cost
? Requires a lot of evidence of relationship and other documentation
? Requires a higher level of relation evidence compared to an offshore partner visa
? Will lead to a five year ban from re-applying if visa is granted and relationship ends
? Of no value to uncommitted couples

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