Migration Agents - Australian Visa and Migration Law easy

Got a Visa Question? Tired of Calling Around?

The Australian Migration Agent and Immigration Lawyer Association is waiting to help. Ask any visa question online. Receive a professional answer within 2 hours.

Shane Welsh

MARA Registered Migration Agent
Admitted as lawyer at the Supreme Court of Victoria
specialized in work visas and points tests

Yoland Murphy

MARA Registered Migration Agent
specialized in work and skilled visas, visitor and family and partner visas
visitor and family and partner visas

Christine Vaseer

MARA Registered Migration Agent
With 18 years of Australian immigration experience
I look forward to helping you.

Amit Singh

MARA Registered Migration Agent
Migration Law is my passion.
Specialized in Family and Partner visas

Question Of The Week

Each week, we will feature in this section a complete question and answer which is of general interest and related to working or studying in Australia, living in Australia or Australian visas.

Show Question

Holding a 457 visa and already applied for Permanent Residency - best visa for the partner

Category: 457 Visa

Question asked

Hi,

I have a visa 457 since May 2013.

In June 2016, I applied for a sponsored Permanent Residency and the status on the immi.gov.au website is "Received", I assume I will get it soon...

I have a girlfriend outside the country. We plan a holiday of around 4 months around the world, finishing in Australia.

About her she is 24yo, Vietnamese and leaving in Vietnam. She works as a waitress in a restaurant.

The question is which: Visa should we apply for knowing that we would like potentially to extend her stay later?

More details:

1) We plan to be in Australia in mid-end December

2) We would spend around one month in Australia for tourism

3) Possibility of extension: extend her stay for a period of 1 year (with the eventuality to go out and in of the country if needed)

4) Possible extension: if it works well, which visa would be the next one? Can I include her on my permanent resident visa or something else?

I want to avoid to take a wrong visa which would not allow her to apply for another visa in case we want to continue in Australia.

Thanks
D.

Answer provided by our agents

Hello D.

Thank you for your reply to my questions in regards of your current visa status.

To address your first point, the status 'Received' means DIBP has your application, but does not mean assessment has started yet ie; your case is not allocated to an assessor yet.

Your girlfriend should be looking to apply for a Visitor (Tourist Stream only) visa - Subclass 600 for a 3 month grant if she wishes to stay for only a month. However it is possible for a discretionary 'No Further Stay' condition (Condition 8503) to be applied to this visa, which will then require her to go offshore to make another visa application. The alternative is that she could apply straight from overseas for a 12 month visit visa, with multiple entry (Tourist Stream only). However, if this is her first Australian visa, especially Visitor visa, she may have difficulty obtaining a 12 month visa upfront, unless a very well evidenced application is made to DIBP.

In terms of including her on your Australian permanent residency application if she is your 'girlfriend' and not a defacto partner or spouse technically she cannot be included on your current application as she does not fit the definition of a family unit member. However if your relationship progresses to that of a defacto relationship or if you marry - which in terms of timeline may occur after your SC186 grant - you can then apply for a Partner visa for her. The Partner visa can be made whilst she is in Australia or outside of Australia depending upon the circumstances.

Thank you for using Ask an Agent.

If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au or visit https://www.ask-an-agent.com.au/visa-quote - and don't forget to mention your Question ID so that I can keep providing immigration services to you.

Migration Agent

Recently Asked Immigration Questions & Problems

I am on a 573 visa and want to add my son to the application. My wife and I are still together but she lives overseas and wants him here.

Dear ...., The documents and information that you will need to submit in support of your proposed application are listed in the attached document...when forwarding documents to the
- Family and Partner visas
- |
- |
- $250AUD
Hi there, Would a practice manager of doctor office be classified as a medical administrator for the 457 visa?

Dear ..., The DIBP assesses the work a nominated person does and not the title. Based on the definition a medical administrator does the following
- Work and skilled visas
- |
- |
- $225AUD
Firstly, I am PR of Australia and Living here from past 3 years. I had recently married in April 2015. We are expecting our first child and want Medicare. Please let me

Dear ..., Congratulations on the birth of your child. As you are married and a PR you have already overcome some of the major hurdles for a partner visa. To streamline the application with the DIBP to get
- Health / Character issues
- |
- |
- $75AUD
I am currently studying in The University of Sydney, studying Master of Commerce: marketing and international business (2 year course)

Hi ... Thank you for your question. There are definitely options available to you under the following visa options and streams
- Student / Study visas
- |
- |
- $200AUD
I am seeking advise and way forward for my friend's visa. Below is my situation. My friend back in Pakistan has applied for a Student visa in early March. Meanwhile in July they also applied for visitor visa class 600

Dear ..., Given the cost of an appeal and the lengthy delay it may not be prudent to proceed with this pathway. On the other hand, your friend could consider.
- Permanent residency
- |
- |
- $125AUD

Do you need Australian migration advice?

Got a Visa Question? Tired of Calling Around?

Shane Welsh

Yoland Murphy

Christine Vaseer

Amit Singh

Question Of The Week

Each week, we will feature in this section a complete question and answer which is of general interest and related to working or studying in Australia, living in Australia or Australian visas.

Holding a 457 visa and already applied for Permanent Residency - best visa for the partner

Recently Asked Immigration Questions & Problems

I am on a 573 visa and want to add my son to the application. My wife and I are still together but she lives overseas and wants him here.

Hi there, Would a practice manager of doctor office be classified as a medical administrator for the 457 visa?

Firstly, I am PR of Australia and Living here from past 3 years. I had recently married in April 2015. We are expecting our first child and want Medicare. Please let me

I am currently studying in The University of Sydney, studying Master of Commerce: marketing and international business (2 year course)

I am seeking advise and way forward for my friend's visa. Below is my situation. My friend back in Pakistan has applied for a Student visa in early March. Meanwhile in July they also applied for visitor visa class 600

Meet Our Team

Follow Us On