# Apply Spouse Visa while on Tourist Visa



## fmubarak (Jun 5, 2008)

Dear Friends,


My wife is on Tourist Visa right now. I would like to apply for spouse visa. Can i apply spouse visa in Australia while on tourist visa.


Kindly advice,


Faisal Mubarak


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## Guest (Sep 16, 2011)

Does she have any conditions on her tourist visa? What visa are you on?


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## fmubarak (Jun 5, 2008)

_shel said:


> Does she have any conditions on her tourist visa? What visa are you on?


Actually, i am coming on Jan 2012 on PR Visa and bring my wife on Tourist Visa and apply for spouse visa during his visit. 

i need the advice regarding this. 

Thanks


Faisal Mubarak


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## _Sarah_ (Jun 27, 2011)

fmubarak said:


> Actually, i am coming on Jan 2012 on PR Visa and bring my wife on Tourist Visa and apply for spouse visa during his visit.


As long as the tourist visa does not have a "no further stay" condition on it, she will be able to apply for a partner visa. 
*However*, although permanent residents are allowed to sponsor people, they must be considered "usually resident" in Australia in order to sponsor. Therefore (since you will not have spent a significant amount of time in Australia) you might be asked for proof of your links to Australia (could be many things: job, house, family, ect).


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## jeremyh (Mar 31, 2011)

*Tourist visa*

I think tourist visa has always no further stay condition. If this happens then it would become difficult for you.


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## _Sarah_ (Jun 27, 2011)

Actually, "no further stay" conditions are only mandatory on certain visas:
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"
See under the title *"What visas is condition 8503 imposed on?"*

Although it might be _likely_ for a tourist visa to come with a no further stay condition, it's not always applied.


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## fmubarak (Jun 5, 2008)

_Sarah_ said:


> Actually, "no further stay" conditions are only mandatory on certain visas:
> Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"
> See under the title *"What visas is condition 8503 imposed on?"*
> 
> Although it might be _likely_ for a tourist visa to come with a no further stay condition, it's not always applied.


Thanks for the advice and it count me alot to plan my Australia trip.


Faisal Mubarak


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## fmubarak (Jun 5, 2008)

_Sarah_ said:


> Actually, "no further stay" conditions are only mandatory on certain visas:
> Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"
> See under the title *"What visas is condition 8503 imposed on?"*
> 
> Although it might be _likely_ for a tourist visa to come with a no further stay condition, it's not always applied.


One more thing, if i apply for spouse visa and in between processing bring my wife on tourist visa. Is this option viable? Any friendly advice.


Faisal Mubarak


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## _Sarah_ (Jun 27, 2011)

fmubarak said:


> One more thing, if i apply for spouse visa and in between processing bring my wife on tourist visa. Is this option viable? Any friendly advice.
> 
> 
> Faisal Mubarak


Yes it is in fact an option. You just have to let them know about your plans, because the visa can only be granted offshore, so they'll have to notify you when it's ready to be granted if she hasn't already left the country.


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## timbrel (Sep 8, 2011)

i will lodge my partner visa application end of September...is it ok if my husband will lodge a tourist visa(sponsored tourist visa)in australia after 2 weeks?? thanks


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## timbrel (Sep 8, 2011)

fmubarak said:


> One more thing, if i apply for spouse visa and in between processing bring my wife on tourist visa. Is this option viable? Any friendly advice.
> 
> 
> Faisal Mubarak


me and my husband also have that plan...not sure if its possible..hope anyone could advice..thanks


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## _Sarah_ (Jun 27, 2011)

timbrel said:


> i will lodge my partner visa application end of September...is it ok if my husband will lodge a tourist visa(sponsored tourist visa)in australia after 2 weeks?? thanks


Yes that's fine - just include a letter in your application explaining your plans. Also, just to be sure, send them an email (the people processing the partner visa applications where you apply), that you plan to visit with a tourist visa. I know people who've done the same thing and it worked out with no problems.


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## timbrel (Sep 8, 2011)

_Sarah_ said:


> Yes that's fine - just include a letter in your application explaining your plans. Also, just to be sure, send them an email (the people processing the partner visa applications where you apply), that you plan to visit with a tourist visa. I know people who've done the same thing and it worked out with no problems.


Thank you Sarah...ooh is it a need for me to do the seminar conducted at AUS embassy?? i have all the papers needed and pictures with captions(dates,place etc) ooh i will be using a passport bearing my maiden name..will it be ok???


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## _Sarah_ (Jun 27, 2011)

timbrel said:


> Thank you Sarah...ooh is it a need for me to do the seminar conducted at AUS embassy?? i have all the papers needed and pictures with captions(dates,place etc) ooh i will be using a passport bearing my maiden name..will it be ok???


No, no, you don't need to attend any sort of seminar. A passport with your maiden name is fine


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## timbrel (Sep 8, 2011)

Thank you Sarah, do u have any idea on how long will it take for them to release the result of my application(partner visa) if i lodge end of september and also how long for tourist visa if my husband lodge 2nd week of october?


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## fmubarak (Jun 5, 2008)

timbrel said:


> Thank you Sarah, do u have any idea on how long will it take for them to release the result of my application(partner visa) if i lodge end of september and also how long for tourist visa if my husband lodge 2nd week of october?



Timbrel, 

Can we share our email addresses to keep in touch together since we have same case so that's help us to rectify the issues and found the better way to address.


Faisal Mubarak


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## _Sarah_ (Jun 27, 2011)

timbrel said:


> Thank you Sarah, do u have any idea on how long will it take for them to release the result of my application(partner visa) if i lodge end of september and also how long for tourist visa if my husband lodge 2nd week of october?


A tourist visa is processes quickly and could take anywhere between 2 days and 3 weeks, but it shouldn't take long.

The current standard times for partner visas are here:
Client Service Charter

Subclass 309, low risk country 5 months, high risk 12. These are just standard time and it could be much less but each case is different.


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## timbrel (Sep 8, 2011)

already lodged spouse visa application..its easy and no stress thank you for the info sarah.


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## timbrel (Sep 8, 2011)

thank you sarah for some infos, i already lodged my visa last October 21,2011 
:clap2::clap2::clap2:


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## pretty26 (Nov 9, 2011)

Hi Everyone,

I'm new to this forum and i don't even know where to post a new one...Anyway,I'm in Australia right now on a tourist visa with the Restriction (8503 No further stay) i have to go back to the Philippines before the expiration of my visa and we are planning to get PR(sub class 309).Does anyone knows the requirements of PR? need help!


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## _Sarah_ (Jun 27, 2011)

pretty26 said:


> Hi Everyone,
> 
> I'm new to this forum and i don't even know where to post a new one...Anyway,I'm in Australia right now on a tourist visa with the Restriction (8503 No further stay) i have to go back to the Philippines before the expiration of my visa and we are planning to get PR(sub class 309).Does anyone knows the requirements of PR? need help!


What do you mean the requirements of PR? The partner visa application is *one* application for a *two* stage visa.
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
First you are granted TR (309), and two years after you are granted PR (100).

The only way you can go straight to PR is if:
- at the time you apply for the visa, you have been in a married or de facto relationship with your partner for three years or more OR
- at the time you apply, you have been in a married or de facto relationship with your partner for two years or more, and there is a dependent child of your relationship

Read this booklet to get all of the most important information, please read the booklet because it's a really good guide.
http://www.immi.gov.au/allforms/booklets/1127.pdf


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## pretty26 (Nov 9, 2011)

Hi Sarah thank you for your reply..i am planning to apply the Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100).I am in Australia right now on a 1 year tourist visa but it will expired soon.

my question is that does my husband needs to provide a police check? we don't have a children but he works abroad for the last 10 years. and he comes back in Australia last 2010.

thanks!


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## _Sarah_ (Jun 27, 2011)

pretty26 said:


> Hi Sarah thank you for your reply..i am planning to apply the Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100).I am in Australia right now on a 1 year tourist visa but it will expired soon.
> 
> my question is that does my husband needs to provide a police check? we don't have a children but he works abroad for the last 10 years. and he comes back in Australia last 2010.
> 
> thanks!


If there are no children then only the applicant (not the sponsor) needs to provide police checks. You'll need one for every country in which you have lived for more than 12 months in the last 10 years.


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## Sriharsha.hn (Dec 31, 2009)

_Sarah_ said:


> Yes it is in fact an option. You just have to let them know about your plans, because the visa can only be granted offshore, so they'll have to notify you when it's ready to be granted if she hasn't already left the country.


Hi Guys,
One Question in this regard, is it ok to apply for spouse visa based on your marriage dates (Future, 4 weeks before the marriage) and provide your marriage certificate once you get married? It will take 4-5 weeks to get a CO anyway.....this may cutdown the waiting time on visa.

regards 
sri


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## Guest (Nov 15, 2011)

Sriharsha.hn said:


> Hi Guys,
> One Question in this regard, is it ok to apply for spouse visa based on your marriage dates (Future, 4 weeks before the marriage) and provide your marriage certificate once you get married? It will take 4-5 weeks to get a CO anyway.....this may cutdown the waiting time on visa.
> 
> regards
> sri


 Not unless you are already in a defacto relationship of 12 months at the time of applying. 

If you apply based on your intended marriage and have not been in a defacto relationship for 12 months your application will be declined as not meeting the requirements even though you plan on getting married. 

You could apply for a prospective spouse visa before marriage as there is no 12 months requirement with that.


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## _Sarah_ (Jun 27, 2011)

_shel said:


> Not unless you are already in a defacto relationship of 12 months at the time of applying.
> 
> If you apply based on your intended marriage and have not been in a defacto relationship for 12 months your application will be declined as not meeting the requirements even though you plan on getting married.
> 
> You could apply for a prospective spouse visa before marriage as there is no 12 months requirement with that.


That's right. And if ever the 12 month de facto requirement were met at the time of applying, and the couple decided to get married anyway, they could still forward the certificate as additional evidence, but you're right, at the time of application if the couple is not married then they must meet the extra de facto requirement (12 months co-habitation).


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## Sriharsha.hn (Dec 31, 2009)

_Sarah_ said:


> That's right. And if ever the 12 month de facto requirement were met at the time of applying, and the couple decided to get married anyway, they could still forward the certificate as additional evidence, but you're right, at the time of application if the couple is not married then they must meet the extra de facto requirement (12 months co-habitation).



Thanks for the reply, 
I agree, its better to follow the correct procedure than to get your application rejected...

Sri


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## Rat-Mal (Nov 20, 2011)

Hi ALL!!!!! NEEEEED HELP IS STRESSED OUT TO THE MAX!!!! PLZ HELP

I have a same sex partner in Cambodia we been together 11 months. I want to bring her here on a tourist visa to visit for 3months.....but we have intentions of applying for a partner visa onshore so we won't be separated.

How do we do the convicing in the tourist application so she is approve for a tourist visa she from a high risk country. What can or do I write on the tourist visa invitation letter so later on it won't bite us in the arse???? like do I mention that she is my partner? will that be derimental to the application for a tourist visa because it will been seen as this person may not obiviously go home???? but she will return home but on a bridging visa???? Or have I got it all wrong???? I need her here in the country so we can register our relationship because we have not lived together for a long period of time. SOMEONE PLEASE HELP ANY TIPS OR SUGGESTIONS........we both cry ourselves to sleep on the phone together. Any help plz!!!!


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## _Sarah_ (Jun 27, 2011)

Rat-Mal said:


> Hi ALL!!!!! NEEEEED HELP IS STRESSED OUT TO THE MAX!!!! PLZ HELP
> 
> I have a same sex partner in Cambodia we been together 11 months. I want to bring her here on a tourist visa to visit for 3months.....but we have intentions of applying for a partner visa onshore so we won't be separated.
> 
> How do we do the convicing in the tourist application so she is approve for a tourist visa she from a high risk country. What can or do I write on the tourist visa invitation letter so later on it won't bite us in the arse???? like do I mention that she is my partner? will that be derimental to the application for a tourist visa because it will been seen as this person may not obiviously go home???? but she will return home but on a bridging visa???? Or have I got it all wrong???? I need her here in the country so we can register our relationship because we have not lived together for a long period of time. SOMEONE PLEASE HELP ANY TIPS OR SUGGESTIONS........we both cry ourselves to sleep on the phone together. Any help plz!!!!


It's all about how you word it, eg: if your partner writes "I'm going to stay with my partner AND apply for a partner visa" - you risk being rejected.
However, if your partner gets in and then you apply for the partner visa, as long as you don't mention anywhere that this was your plan from the beginning, they won't do anything about it.

I definately wouldn't hide the fact that you are together - that will cause problems.


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## Rat-Mal (Nov 20, 2011)

Thank you! Sarah! We been worrying for a while.
We are about to put the tourist visa application in Dec 2011. Stating that we are going to tour Australia and that she is here for the Mardi Gras cos we are etc and has all intentions of going home cos of family and work commitments. We are just waiting up til her bank account gets to about $3250 for the intented 3 month stay....will this guarantee that we won't have the 'no further stay' label???? so we can apply for partner visa onshore??? how does this look. my partner wrote she is coming to visit me and we are touring and will come back home and that I will flying back with me.......so are WE on the right track?


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## vickramds.immi (Oct 6, 2010)

*Partner Visa while MRT in Progress*

Hi sir

Need a help for one of my cousin brother in Australia. Please read carefully bellow situation.

1. My brother is in Australia with holding a bridging visa and he has registered relationship with his girl friend (also from Sri Lanka) . They have known each other for last years and they live in same house for years in Australia.
2. My brothers girl also an Australian citizen.

3. Now they going to apply for partner visa because his current visa will expire on next month. But they haven't enough money for pay lawyer fees. Which is about 4000$ .
4. We have all requested document for the visa application (Onshore Partner Visa ) .
Please let me know if there is any special scenarios apply on this case. 

FYI : He has a MRT application in progress do he need to withdraw that before apply a new visa. 

And after MRT hearing if he have to leave australia with in 28 days can he apply another visa (partner visa) with in tha 28 days.

Regards


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## Guest (Apr 24, 2013)

What visa was refused and why? 

He can apply for a partner visa now if he qualifies and it won't effect his MRT hearing. But if granted his partner visa he should cancel the hearing to save any more hassle from DIAC.


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## vickramds.immi (Oct 6, 2010)

_shel said:


> What visa was refused and why?
> 
> He can apply for a partner visa now if he qualifies and it won't effect his MRT hearing. But if granted his partner visa he should cancel the hearing to save any more hassle from DIAC.


He applied for extension in his student visa. So can he apply for partner visa without withdrawing current MRT application?

Thanks Regards!


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## Shobby (Jan 26, 2013)

*apply partner visa while on student visa*

Hi,

i am planning to applied my partner visa onshore in australia. i would like to know whether it will restrict me from doing so since i am on student visa. will i be able to work full time after i have lodged my partner visa. my wife is an australian resident.


Please advise.

your help will be highly appreciated


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## Guest (Aug 23, 2013)

Shobby said:


> Hi,
> 
> i am planning to applied my partner visa onshore in australia. i would like to know whether it will restrict me from doing so since i am on student visa. will i be able to work full time after i have lodged my partner visa. my wife is an australian resident.
> 
> ...


 So long as you do not have a no further stay condition on your student visa you can apply for a spouse visa. 

No you can not work full time. You are subject to your student visa until it expires and have to keep to its conditions which includes studying and working only 20hrs.

When it expires you will get a bridging visa with the same conditions. You may then apply for permission to work more hours on grounds of hardship but its not a great thing to do imo. Your spouse is sponsoring you and saying they can afford to sponsor you. If you then claim hardship it kind of goes against that.


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## ramoz (Nov 27, 2011)

*Applying tourist visa while on offshore partner visa*

My friend is an Australian Permanant resident. Can he apply for a tourist visa while the Offshore Temporary/Permanant Spouse visa is under process? She is currenty in India. 

As per the partner visa booklet, it says "You must be outside Australia when the temporary visa is granted." What does that really mean?

After you apply for a partner category visa, you should inform the department if you
intend to travel (either to or from Australia) while your visa application is being
processed. This is because, if you applied for a partner category visa while you were:

• Outside Australia, you must be outside Australia when the temporary visa is granted.
You may be either in or outside Australia when the permanent visa is granted.
If you have applied in Australia, you must ensure that, before you travel outside
Australia, you have a visa to return. Otherwise, you may not be able to return to
Australia and, if your partner category visa application is refused while you are outside
Australia, you may not have a right of review.

Also I have heared that partner visa processing will be on hold the partner returns back from Australia who is under tourist visa. As a result original temporary visa will take more time. Is this correct?

I think most of the people in this forum helps this question. Moderators, can you guys clarify on this point.


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## ramoz (Nov 27, 2011)

Just wondering if any one get in to this situation?


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## madanmocharla (Nov 19, 2013)

*Spouse Visa on tourist visa*

Hi All, 
I am about to apply for spouse visa sc 820.
here is my case:
i am australian permanent resident. My wife is permanent resident of new zealand. We just got married in India and returned back to our respective places. Now she applied for a tourist visa and has been granted VISITOR (Class FA) VISITOR (Subclass 600) with multiple entry and upto 3 months stay with conditions:
8101 - NO WORK
8201 - MAX 3 MONTHS STUDY
Now my questions are:
Can I apply for partner visa while she is on tourist visa?
Can she do the medical examinations and police check (new zealand/ india) while she is in australia and that too before applying for visa?
How long it will take to get bridging visa from the day of submission?
Can we submit the application for work restrictions waiver showing the financial hurdles with spouse visa application or do we have to wait till we get bridging visa?

Thanx a lot in advance,
Madan


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## jaymehra (Dec 21, 2015)

hi madan,

was curious to know if your wife got onshore spouse visa?


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