Question of the Week



Travelling with a partner to Australia without a partner visa being granted?

Category: Partner Visa

Question asked

I am an Australian professional living in the Netherlands with a Dutch wife and 2 kids born in NL. I have been offered a job in Australia and wish to return with my family. However, the partner visa application appears to take up to 9 months or more to be granted. This is far too long to wait - the prospective employer will not wait that long for me.

Are there alternatives that will allow us to travel to Australia much earlier (3 months)? For example, entry using a different visa and then application for onshore partner visa while in Australia?

Preferably a visa which does not have the condition of needing to leave the country before re-applying for a new visa (or waiver for no further stay clause) and also preferably a visa which allows her to work while waiting for the partner visa, if possible.

Last thing I would like is the mother of my children being sent out of the country for visa issues. 

Answer provided by Migration Agent

Hello D.

If your wife (and children) were to enter on a visitor visa in the Tourist stream then as you are aware the no further stay condition 8503 MAY be imposed, However if they were to enter on Electronic Travel Authority (ETA) (Subclass 601) the condition is not imposed on this visa.

A Netherlands passport is eligible for the 601 visa. This visa will give them 3 months in Australia and she will be unable to work during this time period but when you lodge a partner visa application onshore (that is, a combined Subclass 820 Partner (Temporary) visa and Subclass 801 Partner (Residence) visa application), you will automatically be granted a bridging visa for partner visa. The bridging visa will come into effect once the ETA expires and the bridging visa for a partner visa will come with work rights. Regards Cai  



------- Clarification Question ----------



Hello C.,

thank you for the response.

Would the eVisitor 651 not be the correct via for EU citizens? Or is there something specific about the ETA (601) that better suits our circumstances?

Secondly, I read online that both the 601 and 651 visas expire after 12 months, not 3 months (each stay can be no longer than 3m).

So, I would not like to have the bridging visa beginning after 12 months - that would mean my wife would have to leave and return several times before the 12 months expires. Can you clarify a bit more on that?



-------- Response by Migration Agent --------



The sc 651 or sc 601 visa would be the same - without 8503 condition, the Netherlands passport is eligible for both. If they were to arrive (and you apply for a partner visa within three months) and after being onshore for three months and a day the sc 651 or 601 visa would expire and the bridging visa with work rights would activate so she could remain in and work in Australia on a bridging visa A until the partner visa is decided. No waiting 12 months or coming and going required.

Thank you for using Ask-An-Agent. If you need further services you can always message me using the Ask-An-Agent messenger or chat. You can also reach me by contacting Amy at amy.jacobson(@)ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.



 



 

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