Detail Question Of The Week



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