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| offshore vs. onshore spouse visa | |
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| Topic Started: Sep 11 2009, 05:23:56 AM (2,174 Views) | |
| gmk | Sep 11 2009, 05:23:56 AM Post #1 |
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Anklebiter
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Hi All, I'm new to the site and have a few questions about obtaining permanent residency (PR) in Oz. I'm a US citizen married to an AU citizen, we tied the knot in California in April 2009. She is in the US completing her PhD. I'm planning on putting in a spouse visa application for my PR status in AUS either in the US or within Australia in the near future (1-4 months). I already have my FBI & local police checks in hand and did my medicals with a listed doc in the US last week, so I'll submit a 'complete' application. Does anyone have experience entering AUS on an ETA (online tourist visa) and then applying for spouse visa (subclass 820) from within AUS? Is this a legitimate way to proceed? I know I'll have to watch out for the condition 8503 "No further stay", does this ever get applied to ETA visas? I've also heard that this is the fastest way to get a PR visa, 2-6 weeks. Would I need to stay in AUS the whole time or could I come back to the US and then fly back to AU when the PR is ready? The other route is to just apply from within the US (subclass 309) and send everything to the embassy in Washington. Can I travel to AUS while the offshore PR application is being processed (3-8 months)? Are my medicals that I did in the US valid if I do the spouse visa within AUS? If so can they track them down at the embassy in Washington? Thanks for the help, I'm sure I'll have additional questions! Cheers, GMK |
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| meg1388 | Sep 11 2009, 07:15:14 AM Post #2 |
True Blue Mate
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Hi GMK, welcome to the site.  I think you are going to get a lot of answers about this question... It's a very popular topic - whether to file onshore vs offshore. It's actually "illegal" to enter Australia on an ETA with full knowledge that you are going to overstay your visa in order to apply for an onshore spouse visa. Does it still happen, it sure does! But you don't want to give the immigration officials any reason to refuse your application. It would be better to file offshore, because that is where you are right now. Additionally, if you chose to file onshore, I think you would need to get your medicals completed again since only certain designated physicians within Australia can complete the medical forms for onshore visas. I myself am not completely sure of the rules/regulations about issuing temporary visas vs PR visas. But I can tell you right now (with some confidence) that if you apply for an Australian spouse visa (onshore OR offshore), you will get a temporary resident visa (not PR). PR visas are granted to those who have been married for (i believe) 2+ years or if you have a child with an Australian. If initially granted temp residency and you remain married for at least 2 years following the marriage ceremony, you then apply for PR. I don't think that there is a huge difference in processing times for onshore applicants vs offshore applicants. It depends on where you file your application (ie consulate offices in Oz), the complexity of your application and the efficiency of your case officer. So, what are your plans? You mentioned that your wife is in the US getting her PhD... Is she finishing soon and planning to return to Australia immediately? Do you intend to settle in Australia permanently? ETA: Another cheesehead! Where are you from? Edited by meg1388, Sep 11 2009, 05:04:04 PM.
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| gmk | Sep 11 2009, 08:28:12 AM Post #3 |
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Anklebiter
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Hi meg1388, Thanks for the info and clarification between a Permanent Residency and temporary residency. My understanding is either visa will suffice for me to work and live and come and go as I please to Australia, there is just no 'dole' or welfare allowed under the temporary res. status. In regards to our situation, my wife is wrapping up her PhD and I am unfortunately looking at being laid off here in the states before the end of year. Our goal is to live back in Australia sometime in the near future, this seems like the perfect opportunity, so we're identifying and interviewing for roles there (and elsewhere). Settling in Australia permanently is up in the air at this point and somewhat dependent on where our careers lead us (were both geoscientists). I'm originally from Eagle River, WI and I miss the northwoods forests and lakes sometimes. You also mention that spouse visa processing times are dependent on where you file your application. I expect my application will be pretty standard - no police record, no medical issues, 30 yrs old, no kids yet, masters degree... Can you elaborate as to where you feel processing times are longer? If I applied onshore, we'd go to Brisbane, where my wife is from. |
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| meg1388 | Sep 11 2009, 10:03:17 AM Post #4 |
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True Blue Mate
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GMK, There's actually quite a few of us Wisconsinites on this site, which I found surprising. But woah, Eagle River--that's way up there! During my clinical rotations for grad school I was stationed in Rhinelander and worked for the hospital there. Life is a little too "rugged" up there for me, but it was so beautiful when I was there in autumn (leaves changing colors--gorgeous  ). Have you checked out the Visa Processing Times Forum? Members will post the timeline of their visa applications so others can get a general idea what to expect when applying for a visa. I don't know what the wait times are for offices in Oz--I'm applying for a prospective spouse visa (offshore) so I'm going through Washington DC. In general, spouse visas filed in the US lately have taken on average 2.5-3mo from lodging to approval, although they say it can take up to 6 months. Maybe others will chime in regarding wait times for specific offices in Oz or perhaps Aus in general (b/c I'm really not sure myself). Doesn't sound like you have a complicated case--but that's what most of all believe when we submit our applications, and yet we wait and wait for any response from our case officer (CO)! You would think (hope) the case officer would glance at your forms, evidence, medicals, and background checks--give the rubber stamp of approval and send the approval letter out the same day. Million dollar question around here is: What do they actually do to process these applications? Guess all I'm trying to say is you may think your case is uncomplicated, but that's really up to the CO! If I were you, I would probably submit now--and assume a 4-5 month wait for approval (just to be safe). However, I believe that there is a time frame that you must enter Australia, so you would need to take that into consideration. |
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| shylady | Sep 11 2009, 10:29:03 AM Post #5 |
oldYank
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Hi GMK! I know Eagle River... I've tromped, hunted, and snowmobiled those woods  Though actually a Minnesotan, I lived in Brule and Bayfield, and have rellies in Park Falls, Iron Mt, Escanaba, and all over the UP, so been there many many times! On my first visit back in 4 years in May/June, the pines trees smelled SO GOOD!As meg said, yes, to enter Australia on a tourist visa/ETA with the intention of applying for your Spouse visa, can get you turned right around at the airport by Immigration. Carrying the paperwork with you hints at that. Without a doubt, it's very risky. As long as you've already done your medicals in the US, and you're ready to submit, I'd do it there! You'd have to pay all over again for Australian medicals. And yes, Temporary Residency on your Spouse visa gives you full work rights, Medicare, and you can come and go as you please, just won't get resident tuition, or jobs that require citizenship or PR. You have a substantial amount of time from your visa grant to travel to Australia to "activate" it, doesn't mean you have to move by that date, it could be a quick visit. GOOD LUCK!  Lisa |
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| gmk | Sep 11 2009, 12:46:29 PM Post #6 |
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Anklebiter
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One of our big concerns is the length of time it takes for the US offshore PR/TR processing time. Waiting up to 8 months is too long of a time frame for us, because were juggling dual careers that are taking new positions/steps in the next couple of months. Hence our interest in the possibly quicker onshore application. I tend to agree with shylady & meg1388 that the offshore is the way to go b/c it's the 'proper' way & its much cheaper, but my wife (and part of me) is more uncomfortable with the offshore route due to the longer time frame. Can anyone shed light on the processing time of an onshore spouse temporary resident application in Brisbane? Of coarse I would never tell/imply/hint to any immigration officer upon my entrance to Australia of possible actions of changing my visa status from a non-immigrant category to an immigrant one. I was surprised that this route is even possible in Australia. In the USA, it is explicitly forbidden and attempting this will delay the legal process to get someone in the USA. Thank you for all the advice GMK |
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| shylady | Sep 11 2009, 01:09:39 PM Post #7 |
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oldYank
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I doubt it would be up to 8 months, offshore (WashDC). The longest I've seen in 4+years was my own, where there was a problem with my medicals, due to a chronic disease. And, with a shift in case officers and a huge back-load, nobody actually even LOOKED at my application for >4 months! Then I had 30 days to provide a letter from a specialist, and a week after that it was granted, just less than 6 months. I have not seen anything since, thru WashDC that took nearly that long, it's more like 2-3 months, from what I can tell,  though they still tell people 4-6 months (I think).The only reference I have to onshore cases would be in the "Visa Processing Times" thread, here. Even if you & your wife need to "live in separate countries together" for a bit, I think it's worth not tempting the wrath of Immigration  Lis |
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| meg1388 | Sep 11 2009, 05:30:32 PM Post #8 |
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True Blue Mate
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Where are you hearing this 8 month wait period for the WAshington D.C office? I don't think I've ever heard of a wait that long... In all honesty, I would apply offshore now because you will get your approval in 3 months. Some people on this forum have had their visas approved in 2 weeks at the Washington DC office, but anything over 2.5-3 months is really really unusual. If you wait to file onshore (and you must be onshore to initiate the process) you would be waiting even longer to get a visa in hand than you would if you applied now as an offshore applicant. By the time you arrange flights to Australia, pack up for the move, and board that plane your offshore visa will likely already be approved. If you do it this way then there is no need to worry about pissing off Australian immigration officials (have you ever dealt with an angry or suspicious immigration officer? -not fun  ). What are you thinking as your departure date? If it's at greater than 3 months from now, easy enough--i would apply off-shore NOW. I guess I'm a little lost as to why there is such a rush to get a visa if you are not intending to move anytime soon (ie within the next 3 months). Good luck with the application process.  It's really not that stressful (very uncomplicated compared to optaining a visa for the US). Start gathering evidence now! It sounds like you are really on top of your game, I don't think you would have any issues with obtaining a TR visa within a reasonable amount of time. BTW, sorry to hear that you are getting laid off - wish this recession would end sometime soon!! Hopefully you will find more employment opportunities in Australia!
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| shylady | Sep 11 2009, 10:51:40 PM Post #9 |
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oldYank
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 meg... if you've got your medicals, FBI and local checks DONE, I'm sure he's got all the evidence to apply, NOW, in the US, and it'll be short and sweet! Lis |
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| gmk | Sep 12 2009, 03:43:08 AM Post #10 |
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Anklebiter
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Our haste with the PR/TR Australian visa for myself, revolves around job prospects. My wife and I are searching heavily for positions within Australia to start in the Dec-Jan time frame. I've learned through experience that stating I am legal to work in Australia (i.e. I wont need a 457) helps me get my 'foot in the door' with potential opportunities. Although, I realize this may be shooting myself in the foot when a job offer comes through. Our haste is also driven by the fact that we've learned I'll probably be laid off in late Oct. It wouldn't be ideal to start new jobs in the US only to quit when my Australian visa materializes, but this may be necessary. We just really want to understand fully all of the options available, this site has been very helpful! Its reassuring to hear that a US offshore application on average takes less than the 8 months that they told me. On the 47SP form, part C, question 19, identity number issued by you gov, I assume this is my social security #???? Thanks for the advice, GMK Edited by gmk, Sep 12 2009, 05:07:22 AM.
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| blarg | Sep 13 2009, 02:10:28 AM Post #11 |
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True Blue Mate
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Yup, I put my Social Security # and my Oregon Driver's Licence number. Basically any ID number you think they'll be interested in. 
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| trix | Sep 19 2009, 07:38:35 PM Post #12 |
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True Blue Mate
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If you come into Australia on a tourist visa, and then apply straight away for a spousal visa, Immigration may deny you the spousal visa on the basis that you were obviously trying to dodge the rules. You need to do things the right way, as the rest of us did, and if that means you have to wait a few months longer, so be it. |
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| gmk | Sep 26 2009, 05:04:11 AM Post #13 |
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Anklebiter
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Thank you all for your advice and recommendations. I decided to apply for TR/PR (spouse visa subclass 309) offshore via the Australian Embassy in Washington DC. It arrived on 9/25/09. Now the waiting game.... Here was my checklist, to help out those who may have questions... Completed Form 47SP Completed From 40SP -Notarized Statement of support, Kathryn’s & Garrett’s resume -Evidence of sponsor employment during last 2 years & 2008 W-2 Passport style photographs: 4 of Garrett, 2 of Kathryn Notarized (certified) copies of our passports and birth certificates Certified copy of our USA marriage certificate Evidence that relationship is genuine and continuing -Statements from Garrett & Kathryn (1-2 pages each, written separately) -Selection of photographs over the years, our wedding program, wedding card addressed to us -Joint financial evidence: rental house lease, joint bank account, beneficiary info, joint ownership of vehicle, joint car insurance, joint rental insurance, receipt in NM -Cell phone bill showing call logs in May 2006 (during period of not living together) -2 statutory declarations from Australian citizens USA Federal (FBI) and local police checks for Garrett Completed Form 80 (not sure if required, I did it anyway) Receipt for Garrett’s paid medical examination and business card of doctor (medicals done by panel doc) Note, that I forgot to include a self-addressed envelope within the application so they will return all the documents. Not a big deal for me as everything was certified copies and no originals. Edited by gmk, Sep 26 2009, 05:06:22 AM.
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| shylady | Sep 26 2009, 02:12:43 PM Post #14 |
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oldYank
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I included the self-addressed postage paid envelope with my passport when I sent it for the visa sticker to be stuck in, after my visa was granted, and they returned the rest.  Looks like you've done a very thorough job, and I hope your wait is short and sweet! GOOD LUCK! Lisa |
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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