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| Onshore Spouse - Questions | |
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| Topic Started: Feb 15 2010, 04:39:48 PM (433 Views) | |
| michaelavelli | Feb 15 2010, 04:39:48 PM Post #1 |
True Blue Mate
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Hi all. I'm here in Australia on a WHV. My girlfriend and I got engaged back in October, a couple months after I got here. We will be getting married in May, then taking a 3-4 week vacation visiting my home back in the states. I plan on applying for the onshore visa when we get back in early June. I'll probably have a lot of questions coming up, but for now, I just have a couple questions regarding the medical. 1) Is it best to get this done before or wait until requested? I know this has been asked before, but I'm confused about the different responses. I would prefer to have everything done before we apply, if that's possible, to get a quicker response. Given that I'm not planning on applying for another few months, I would have plentyh of time to get the medicals done now, if that's feasible. 2) Is there any reason that I couldn't use a doctor in the US? Assuming I'm talking about an eligible doctor, is there any reason you can't use an offshort doctor even though I'm applying for an onshore spouse? I hope that question is clear. Since I'm visiting the US in May anyways, I would just assume to use my normal GP, assuming he's eligible. I'm not sure if this would appear odd since I'm applying onshore. 
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| shylady | Feb 15 2010, 06:00:32 PM Post #2 |
oldYank
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 http://www.immi.gov.au/allforms/health-requirements/
Even if you were applying offshore, you would not be allowed to see your own GP in the US for the medicals, it can only be a panel doctor approved by DIAC. Hope that helps.  Lisa |
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"I could’ve turned a different corner, I could’ve gone another place... " ku,'09 | |
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| meg1388 | Feb 15 2010, 06:57:42 PM Post #3 |
True Blue Mate
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Not to be a drag, but is it a good idea to get married, leave the country, and then come back and apply for the spouse visa? I assume you would return using your WHV or tourist visa - is this correct? I feel like that would that be suspicious to custom/immigration officials when you transit customs with spouse in tow -- she gets in as a resident, while you get in on a WHV. I think that could raise some red flags. I honestly don't know how immigration would respond to that, perhaps it's really no big deal at all. I was just wondering if anyone had similar thoughts. I tend to over-analyze things... BTW, Michaelavelli, congrats on the upcoming wedding! Will your family be making the journey for the ceremony? |
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| michaelavelli | Feb 15 2010, 10:11:26 PM Post #4 |
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True Blue Mate
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I'm not sure what you mean. I would be returning on my WHV - it's good until September. We would apply before we leave but you have to be in Australia when it's approved if you were in Australia when you applied - I didn't want to risk applying, going on vacation, and then having it be quickly approved by some chance while we were away. We would leave Australia as a resident and a WHV and then return to Australia as a resident and WHV, then soon thereafter apply for a spousal visa since we will be newlyweds. I'm not sure why it'd be relevant if we went overseas or not in between the two, but maybe I'm missing something. shylady -> thanks for the answer. I'm a little embarrassed that I hadn't read that already, but I'm just starting to really learn about all the requirements, and the medical and the FBI check seem to be the things I need to get on first, so I just wanted to look for a quick answer. Edited by michaelavelli, Feb 15 2010, 10:14:50 PM.
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| TerritorianTori | Feb 16 2010, 02:04:03 PM Post #5 |
It couldn't happen here
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I think what she means is that if you rock up to Immigration accompanied by an Aussie wife and only a WHM visa, Immigration is going to think, "Hey, he's not really here for a working holiday; he's here to stay on permanently." And unfortunately, that's illegal - it's called "not being a geunine tourist/holiday maker" - and they can absolutely refuse you entry on that basis. The correct thing to do in your situation is either apply for an offshore spouse visa while you're in the States, OR apply for an onshore spouse visa before you return to the States. BTW, if you apply onshore, you must be onshore when your visa is granted - so no need to worry about it being granted while you're away. I believe you can get permission to travel overseas while it's processing. This is something I'd definitely look into, rather than taking your chances with re-entry on a WHM. IMHO. edited for formatting Edited by TerritorianTori, Feb 16 2010, 02:09:13 PM.
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 South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys I don't do Facebook, sorry. | |
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| meg1388 | Feb 16 2010, 02:20:40 PM Post #6 |
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True Blue Mate
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My concern is that immigration may believe that you are entering on an incorrect visa. There’s been a lot of discussion on this board regarding those persons coming as “tourists” knowing that they are likely to overstay their visa and apply for another visa once onshore. Is it wrong – in the eyes of Australian immigration, yes it is. But that’s not to say that it doesn’t happen and others seem to get through customs without any issues at all. I see your case very similar to this -- coming in on a WHV knowing that you are entering Australia not for a holiday or work but as a spouse seeking permanent residence and this may or may not jive well with immigration. Just like a random tourist visa that nearly anyone can obtain, your WHV would be valid when you enter Australia; however, that does not make the visa correct for your circumstances. It’s all about “intent” these days – do you intend to use your visa for the purpose it was granted. In your case, work and vacation for one year and then return home. I hate being the negative nancy, but I’ve had a really bad experience with immigration officials when traveling to Australia a few years ago. Although my intentions were pure and I was not knowingly trying to break any laws, some officials just don’t give a sh*t. They reiterated that it is my responsibility to ensure what I am doing is appropriate according to Australian law – I could not and should not assume anything. Therefore, I question everything (particularly visas) before I leave/enter Australia. And perhaps I’m watching too much Border Security. |
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| michaelavelli | Feb 16 2010, 03:37:22 PM Post #7 |
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True Blue Mate
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Still a little unclear here, sorry. In this paragraph here, are you talking about when I return to Australia on a WHV? Like, at the airport when I land and want to enter the country? If so, I'm not sure I see why this would be illegal. I understand that when I applied for the WHV, I basically stated that I was intending to come to Australia for a year and not necessarily to move here as that is a condition of the visa. And indeed at the time, that was my intent - to move abroad for a year, live with my girlfriend, and then just see what we want to do. I'm not aware of any obligation I'm under to inform immigration as soon as my intent changes - and even if there was such an obligation, in that case whether or not I'm leaving the country would be irrelevant - there either is such an obligation, or there isn't. Not sure if I'm making the distinction clear, but it sounds like you're saying that every time I enter the country on my WHV, I am making a legal affirmation of my intention to stay temporarily whereas I think that kind of legal declaration was made at the application for the visa, which gets me the visa for a year, regardless. That said, it's certainly not something I'm interested in taking a chance with, so maybe I'll try and follow up with immigration to make sure. In the mean time, if anyone has any kind of link/text to support this position, that'd be great. Edited by michaelavelli, Feb 16 2010, 03:37:45 PM.
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| michaelavelli | Feb 16 2010, 03:40:14 PM Post #8 |
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True Blue Mate
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Just to reiterate my post above, I definitely understand that I made a legal declaration of what I was intending when I applied, was granted, and entered Australia on my WHV, I'm just not sure my visa automatically becomes void if my intentions change and I have t omake that legal declaration every time I come back to the country. That said, I'm going to follow up and look into this. Thanks for the concerns. |
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| blarg | Feb 16 2010, 03:45:53 PM Post #9 |
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True Blue Mate
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Yes, that's exactly what they're talking about. You aren't required to "inform immigration as soon as your intention changes." However, you are required to have an intention that matches your visa each time you enter the country on that visa. This would be the same as getting a tourist visa and then showing up on the border with all your work documents, resumes, blah blah blah. Your intention is not as a tourist, and therefore you are in breach of the conditions of your visa, regardless of your actions. You can get refused entry for this, and many do (watch Border Security for some examples). All they're suggesting is that you apply for the spouse visa before you go. It doesn't have to be granted. You just want to make sure that you're letting immigration know up front what you're planning to do so nobody thinks you're trying to sneak something by them. |
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| michaelavelli | Feb 16 2010, 03:54:21 PM Post #10 |
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True Blue Mate
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This is the main thing I'm skeptical about. But like I said, I'll look into it. I was just confused initially because I wasn't sure if they were talking about immigration at the border when I land or when I apply for the spouse visa. |
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| blarg | Feb 16 2010, 04:09:21 PM Post #11 |
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True Blue Mate
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This is the section I'm talking about: http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s104.html It's also why there are so many dumb questions on the application forms. It's so they can peg you for any change in circumstance on any of them that they weren't informed about. |
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| michaelavelli | Feb 16 2010, 04:11:49 PM Post #12 |
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True Blue Mate
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Thanks a lot for this link, and to the others for the advice. Definitely sounds like applying before we leave is the smarter/safer move. Edited by michaelavelli, Feb 16 2010, 04:12:16 PM.
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| blarg | Feb 16 2010, 04:14:21 PM Post #13 |
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True Blue Mate
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No worries! Hope it goes well for you. 
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| shylady | Feb 16 2010, 05:14:36 PM Post #14 |
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oldYank
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Just wanted to agree with meg, Tors, and blarg, and also say 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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| michaelavelli | Feb 16 2010, 10:43:25 PM Post #15 |
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True Blue Mate
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Does anyone think it'd make a difference if we didn't get married until we got back? We may be in a bit of a bind now. We did not foresee this as an issue and already have a trip bought and paid for for early May. Additionally, I'm looking over the requirements for the travel bridging visa and they seem to suggest you need a "substantial reason" to travel overseas while your visa is being considered. We don't have a substantial reason - I'm just visiting my parents, lol. So basically, you guys are saying it's a bad idea to apply when we get back, but I'm not sure we can apply before we leave. Of course canceling the trip is an option, but the fiancee has already put in work leave and all that so we probably wouldn't be able to go. We could get married when we get back, then apply for the visa, but I'm not sure that really fixes the the original issue. Just looking for some thoughts here. Really appreciate it. |
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| blarg | Feb 17 2010, 01:18:41 AM Post #16 |
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True Blue Mate
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(Remember, I can't give you advice.) A bridging visa isn't a substantive visa. That means it wouldn't actually be active until your substantive visa (i.e. your work and holiday visa) expires. You can think of the bridging visa waiting in reserve for when your main visa expires. Until that happens, you're still actually on the substantive visa. This means you could leave and enter the country on that visa as normal without having to apply for a Bridging Visa B to travel. When I went from my tourist visa to 457, they were taking their sweet time granting it and I was bored out of my mind. I filed a Form 1005 to request permission to work while they processed the 457 on the grounds that I was applying for a 457 and I had the skills. They denied the request because I was not actually on the bridging visa, as my tourist visa still hadn't expired. It had 3 days left on it. They can't amend work permission on a bridging visa that isn't actually my visa. (It was, however, a great paperwork trick to get them to pull my file out, look at it, and realise how simple it was to just grant me the visa, which they did 3 days later. I got mine in 3 weeks when most were taking 3 months at that time.) What's the point then? You'd still be entering on your work and holiday. Well, when they ask you what you're up to in the airport, you can say you applied for a spouse visa on X day, and they know you're declaring your intentions to immigration. It also gives you some time that your visa processes that you don't have to be here waiting for and thinking about. But really, your situation is complex enough that I would just give them a ring and tell them what's going on. They'll give you some good advice. Let us know what they say.
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| michaelavelli | Feb 17 2010, 01:41:56 PM Post #17 |
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True Blue Mate
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I called DIAC today and steered to the Working Holiday Visa department. I spoke to a guy there, explained the situation. He put me on hold for about 5 minutes, came back and basically told me that there's no problem re-enterting on my WHV even though I would be recently married and planning on applying for a spousal visa. I asked him if it made a difference if we got married before we left, while we were away, or when we got back, and he said there was no issue with regards to the 462 and re-entry in these circumstances. He offered to transfer me to the family visa department to see if there'd be any issues on that side even though he wasn't aware of a specific one. I accepted his offer, not really sure what I'd be asking them, but after being on hold for about 10 minutes, I had to get back to work. I suppose I'll call again tomorrow, explain the situation, and see if they foresee any issues with it. What do you guys think? Are you certain enough that this is an issue that I should investigate further or should I feel okay moving forward as planned? |
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| blarg | Feb 17 2010, 04:27:54 PM Post #18 |
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True Blue Mate
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If they're sure it's not a problem, ask which officer you can send a letter confirming the conversation and highlighting the changes in circumstances to. Then take a copy of that letter, and send it registered post so you have proof they received it. Then bring the registered post receipt and the copy of the letter with you on the trip. If they then try to pull the "you didn't tell us about this" BS then you have proof that you complied with the Migration Act and notified them about your change in circumstances. In fact you even notified them that you intended to travel on your WHV and return with your partner, and you did your part by calling to make sure this wasn't an issue. You can then say, "Officer _____ spoke with me on __/2/10 and informed me that there should be no issue with leaving and re-entering the country." If he's not very concerned about it, that's fine, I just know these kinds of things have a way of sneaking up on you and exploding. I'd want to make sure I crossed my Ts and dotted my Is. It sounds like they won't even blink at the border, but it never hurts to be prepared. |
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