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Partner Visa application – should I apply onshore or offshore? – Brisbane Migration Lawyer


if you want to apply for a partner visa do you submit the application onshore or should you apply offshore? I hope to give some clarification or ideas on this topic in this video Now just before I get started if you're new to this video channel or this YouTube channel let me introduce myself

my name is Oszkar Denes I specialize in immigration law I'm a lawyer and I'm based here in Queensland Australia I hope you will find this video useful, I would encourage you to consider subscribing to this channel because I regularly upload videos in relation to Australian immigration rules Also check out the description below because I have linked my Facebook page and my website and you'll see there are blog articles more videos longer sort of articles and just information in relation to Australian immigration so you might find something that's of interest to you if you've got any questions at any stage please feel free to ask in the comment section below

Ok so let's get to it Where should you apply? Should you submit your application onshore in Australia or do you actually go outside or submit the application from outside? Well first of all let me say the obvious, that some people actually may not have a choice so for example if they both work overseas – don't live in Australia at the moment they might not have a choice they have to submit the application offshore So it may be sometimes as simple as that Now having said that if you are able to apply for the visa onshore there are some very significant benefits Ok what are these benefits? Well firstly once you submit your visa application even if your current visa runs out you are able to stay in Australia until a decision is made on your partner visa application That's very important because if you submitted an application today it would take the Immigration Department about 20 to 25 months – this varies by the way case-by-case but just as a general guideline 20 to 25 months before a decision is made

So that's a very long period of time and certainly if you had to live separately from your partner during this time that wouldn't be very helpful I suppose for the relationship so but if you apply onshore then you can spend this time together with your partner and live with your partner and generally live like any other normal couple So that's an important benefit The second thing is that once you submit your application and you receive a bridging visa so the visa that enables you to stay in Australia for the time period while the Department is making a decision so when you're on this bridging visa you actually you can actually work so you have unlimited work rights so even if your previous substantive visa so let's say you were on student visa before which had a 20 hour a week work limitation even if your previous visa had a work limitation attached to it when you're on the bridging visa you have unlimited work rights so that's important too you also have the right to study and what a lot of people don't appreciate is that you can actually enroll in Medicare so Australia's publicly funded health care system so the moment you submit your visa application nobody ever looks at it yet for a period of 20 months no decision is made on it the moment you submit your visa your partner visa application you are able to enroll in Medicare other visas don't provide this sort of right but if you apply for a partner visa then yes you're entitled to enroll in Medicare which means that you can actually save a lot of money if you if you don't want to buy private health insurance now I wanted to highlight a few important issues for you to consider if you are applying for the visa onshore the first is that you need to know that you have to have a substantive visa for you to be able to apply onshore so this can be for example a student visa so any substantive visa is fine but you have to have a substantive visa at the time you're making your partner visa application so that's the first thing the second thing is before you apply you should check the conditions that are attached to your current visa and see if what is called a no further stay condition is attached to it so when you have when you received your your current visa the Immigration Department would have sent you a letter outlining the conditions often this letter is called a visa grant notice try and find this letter and check the conditions that are listed on this letter and see if one of those conditions is the no further stay condition if you don't have this condition on your visa that means you're fine you can actually apply for the partner visa on sure if this condition is attached it is very very what this means is that you have to leave the country before you can apply for a new visa and it is very very difficult otherwise to have this condition removed so the bad news is if you do have another further stay condition attached to your visa chances are you will not be able to apply for a partner visa while you're still in Australia you can do it from offshore from overseas but not within the country now the final thing I wanted the final thing I wanted to point out is you have to comply and be careful with this you have to comply with your current visa conditions at all times so what this means is is that if you currently have a substantive reason let's say you have a student visa and it has a 20 hour a week work limitation attached to it if you apply for a partner visa the bridging visa that you receive which enables you to stay in the country doesn't actually come into effect until your current student visa is in place so until your current visa is in place you are bound by its conditions so if you have a 20 hour a week work limitation then you can't actually work unlimited hours until your student visa is in effect once your student visa expires your bridging visa will automatically kick in and from that point onwards you have unlimited work rights but until that point until that point you are still bound by your current visa conditions so just be aware of it to make sure that you don't breach your current visa conditions just by accident without any intention so hopefully this was all this has all been helpful if you've got any questions in relation to this topic there's something I forgot to cover please ask in the comment sections below or send me an email or even call me and I will try and answer your question otherwise I'll see you next time

Source: Youtube

Partner Visa application – should I apply onshore or offshore? – Brisbane Migration Lawyer

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