Question of the Week



We want to apply for a Partner Visa Australia while my girlfriend is going to Europe to study. What is the best strategy?

Category: Partner Visa

Question asked

Hi, My names B. I'm a Busselton local that has a question regarding the partnership visa.

You see my girlfriend who I have been seeing for a bit over a year now is from Estonia and is considering applying for the partnership visa with me since she is on her third and final year of working holiday visa. (Expiring in late Feb 2022)

The only problem being is that she would like to go home next year and take up a course of study, considering university is free in Estonia unlike it is here in Australia.

So my question is, would we be able to apply for the visa and then would she (and possibly I at some point) be able to live in Estonia for a period of a few years?

Without voiding the application for the visa? and if so, how difficult would it be for us to do that?

Any additional help or recommendations are welcomed, since i know very little about these things.

Look forward to hearing from you!

B.



 

Answer provided by Migration Agent

Hello B.,

I am M., one of the Migration Agents here on Ask-An-Agent.

If your girlfriend is going back to Estonia to study - and if you are going with her, then you could always apply for a partner visa from there.

Then wait overseas for that visa to be granted. That is probably your easiest option in the scenario presented.

If you were to apply onshore for the visa and then left, she would have to come back to have it granted and that might interrupt her studies.

I guess the question really is when does she want to go back to Estonia? And possibly also how long do you want to live there?

Those would be the questions I would ask myself before deciding where to apply. The short answer is you can apply for a partner visa either onshore or offshore - the grant of the visa depends on the evidence you have - perhaps past visa history - things like that - currently it is quite quick, but it can take up to 2 years.

I hope this has helped but if you have a clarification question please do not hesitate to ask or read more about it on Partner Visa Australia



---------- Clarification Request ------------



Thank you for your fast response!

That all makes sense, but does complicate things somewhat.

I just have something I’d like to ask you about a different type of visa quickly if i could?

She is considering applying for a covid visa to extend her stay for another year after the working holiday visa expires since she currently works in Agriculture.

If accepted, her and i would like to do a short trip to Estonia in that year period, probably for a couple of months in June-July so i can experience what it’s like before making the decision to do any moving. And we would both like to return to Australia afterwards, for the remainder of her covid visa, the reason being that she would like to finish a yoga course that she has started here and will finish at the end of next year. (While continuing her work on the farm of course)

Will we be able to do that? Or are you not allowed to leave Australia and return if you are here on the covid visa?



----- Clarification by Migration Agent----------



Hello B.,

All of the sc 408 visas (COVID visas) I have seen are multiple entry meaning that you can go overseas - but that version of the visa is only here for the Pandemic - so if the borders re-open and your partner could travel freely overseas, I would imagine that the Pandemic would be 'over' and in which case there may not be a 'Pandemic Visa'. Currently I am seeing visas being given only for 3 or maybe 6 months. Currently you cannot leave and come back easily on a 408 unless you have a job in a critical sector, you would have that in Agriculture, but you need a contract.

If she has that it should be ok - although the exemptions department can be very fickle.

I hope this has helped.



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