Onshore Partner Visa on Tourist Visa
Onshore Partner Visa on a Tourist Visa
Is the Onshore Partner Visa on a Tourist Visa a good idea or a bad idea?
This has become an increasingly popular option for Australian Filipina couples in recent years, since the Condition 8503 (No Further Stay) on tourist visa grants from Manila became a rarity and since they evened up the cost of onshore and offshore partner visas. In years gone by it was virtually impossible for an Australian Filipina couple to make an onshore partner visa application, but times change.
What we’re talking about is lodging an onshore partner visa application whilst the visa applicant from Philippines is inside Australia normally on a tourist visa, where the Filipina visa applicant is granted a Bridging Visa which is valid during the processing time of the partner visa application. Effectively, the Filipina lady doesn’t need to return to the Philippines and may remain in Australia with her Australian husband. Being together in Australia during the processing instead of the Filipina applicant remaining in Philippines for sometimes a long time, and this has a very obvious appeal.
We are happy processing applications either way. Believe me we really don’t mind, nor do we have opinions on what is “better” or worse. All we insist on is that the application be prepared and managed within the rules of Migration Law and within the realms of practicality. Trying to do a rush-job partner visa application during a three month tourist visa stay is rarely practical, and this becomes more so when you plan to marry your Filipina lady during the same time period. The end result is usually running out of time, and maybe lodging a poor-quality partner visa application which is a very bad idea.
If you do wish to do this, we need you to contact us early, ie. long before the visa applicant has left for Australia from Philippines.
Be aware too that yes you may legally marry inside Australia whilst on a tourist visa. This is perfectly within the Immigration rules, as long as the primary reason you went to Australia in the first place was to spend time together as a couple and to enhance your relationship. And this is another sound reason to get professional help with your visa application.
The following is some discussion on the pros and cons of onshore partner visa applications on a tourist visa versus offshore partner visa applications from Philippines to Australia.
Information contained in this page is of a general nature. Informative, yes, but not a formula for preparing visa applications and should not be relied on as such. The devil is in the detail, rest assured. Australian migration law is complicated and Departmental decisions are inflexible and often final. Readers and future visa applicants and sponsors are advised to rely on professionals to ensure a happy outcome.
Onshore Partner Visa or Offshore Partner Visa?
- When you lodge a successful onshore application, the applicant gets to stay in Australia on a Bridging Visa and doesn’t need to return.
- Applicant can apply for Medicare
- Applicant will usually get work rights
- You MAY marry in Australia on a tourist visa, and you may even apply for a tourist visa with a secondary intention of marrying in Australia. But it can’t be your primary reason to visit Australia. Visiting Australia to spend time with your fiancée and to enhance your relationship is acceptable.
- The tourist visa application may not be successful. Highly unusual for us, but you need to know it’s still a possibility.
- Marrying in Australia means meeting with a priest or marriage celebrant, arranging a wedding date (they are often booked months ahead), lodging a Notice of Intent to Marry form, and waiting 30 days for a marriage license. Trying to organise a wedding AND a complex visa application within a 3 month stay can be stressful and very challenging.
- She may be dealing with culture shock
- You are most likely still going to work every day
- She will require documents from Philippines, which will be harder for her to organise while she’s in Australia.
- The looming deadline will be sitting on your heads while you are trying to prepare everything and to have it all lodged before her tourist visa runs out! We have strategies to deal with this, so please feel free to discuss.
- And apart from anything else, you still have jobs to go to, shopping to do, lawns to mow, etc. You will be very busy!
Australian Onshore Partner Visas Pros and Cons
- May apply as a de facto couple
- May apply as a same-sex couple
- May include dependent children if inside Australia
- Eligible for bridging visa
- May remain in Australia during processing on bridging visa
- Bridging visas usually come with work rights
- Partner visa itself comes with work rights
- Partner visa is multiple entry
- May apply for Medicare after visa application is lodged
- Initial stay is on a tourist visa, ie. no work rights, overseas travel, Medicare
- High-pressure application, as must be lodged in a decision-ready state before tourist visa expires
- Must be married or in a genuine and provable de facto relationship before applying
- High cost
- Requires a lot of evidence of relationship and other documentation
- Requires a higher level of relation evidence compared to an offshore partner visa
- Will lead to a five year ban from re-applying if visa is granted and relationship ends
- Of no value to uncommitted couples
Australian Partner Visa from Philippines (Onshore) FAQ
Do we need to be married first before applying for an onshore Partner Visa?
Yes you do. If you are not married before lodging the application, the visa will be refused. No exceptions, unless in an established de facto relationship.
Do we need to live together for 12 months first?
If you intend applying for an onshore Partner Visa based on marriage, no you do not. If you are applying based on an established de facto relationship, yes.
What happens when the tourist visa runs out?
If you have already lodged a valid onshore Partner Visa application, the Department will automatically grant a Bridging Visa A when the tourist visa runs out. This allows the applicant to remain lawfully inside Australia. If you have not lodged the application, the applicant will be unlawfully inside Australia (which is a bad thing!)
Can we decide to submit an offshore partner visa at the end of a tourist visa stay?
You can if you like living dangerously, or if you enjoy miserable failure. A quality and complete onshore Partner Visa application takes considerable time to prepare. Rush-jobs lead to refusals, as the Department insist on “decision-ready” applications.
Can we get a bridging visa with an onshore partner visa application?
Yes you can. A Bridging Visa A will be issued automatically when a valid onshore Partner Visa application is lodged, and when the tourist visa runs out.
Can we apply for the bridging visa first and the partner visa later?
There is no such thing as a stand-alone Bridging Visa A that you can apply for because you ran out of time or because you weren’t ready to apply for a partner visa.
Can we apply for an onshore Partner Visa with a de facto relationship?
Yes, you can. But it must be an established and genuine de facto relationship.
What if we married in the Philippines instead of Australia?
No problems. Marriages in the Philippines are considered legal in Australia.
Can I include kids in an onshore Partner Visa?
Yes, you may include kids as secondary applicants on an onshore Partner Visa application. Note that this depends on you having a legal right to remove them from the country, ie. if another parent still has joint custody then you will need their permission for this to happen. It also means the kids need to be in Australia at the time of application. They cannot still be in the Philippines.
What if the kids are still in the Philippines?
They cannot be included unless they are in Australia at the time of application of the partner visa.
Have An Onshore Partner Visa Question Not Answered Above?
Now, over to you the client (or potential client)! We value our clients opinions, and we believe in keeping all well-informed. What would YOU like to ask about onshore partner visas? What do YOU think needs a bit more explanation? Ask below, and Jeff Harvie RMA will answer your question for you and for others wondering the same thing.
Partner Visa Onshore? Or Partner Visa Offshore? Or Prospective Marriage Visa?
Get the pros and cons of each visa type so you can COMPARE, and make an informed decision based on expert advice!
What Can Down Under Visa do?
Our job is to help you, and we will do so to the best of our abilities and always within the law! But realise we are not “Yes-men” and will always tell you the truth especially about practical matters. But if you do wish to marry whilst in Australia on a tourist visa, and if you are able to apply for a partner visa in Australia, yes we can manage your application for you in the same way we manage applications here in Manila. But be aware that we cannot ethically handle visa applications that are poorly prepared and not planned properly which will result in a visa refusal.
So yes, we can help you with applications lodged in AUSTRALIA or in MANILA, PHILIPPINES.
So if you definitely want to marry and apply in Australia, let us know now! And if you start the process with us now rather than later, you will be organised and ready for us to lodge the application once you’ve married.
DON’T LEAVE IT UNTIL AFTER SHE’S IN AUSTRALIA WITH YOU!
Want to read more about Australian Onshore Partner Visas from the Philippines? Check out some of our partner visa BLOG posts below.
Read what some of our happy couples have had to say
“I highly recommend Jeff and Mila Harvie of DownUnderVisas. It was so great to have an Aussie agent who is married to a Filipina and lives in Manila. He understands both Aussie ang Pinoy cultures and is very professional and ethical visa agent. It was also good for Virgie to speak to Mila in Tagalog whenever she needed clarification or information.
Jeff was very helpful throughout the whole visa application process. He always told me the truth in a concise manner, but without being abrupt. He advise always made sense and he would help me to understand things whenever I got confused or impatient.
Jeff was always so prompt in replying to my email enquiries and I that really impressed me. Jeff’s experience, knowledge and service shows that he is a true professional and is truly believe that you can not do any better than Down Under Visa.
My wife is now here and we are so happy Well done Jeff and Mila (And we wrote this after getting the visa!).”
Richard and Virgie
“TO DOWN UNDER VISA
Thank you very much.I appreciate your effort and I must say you’ve done me a favor.You’ve all been very nice and accomodating to me since day 1. And I commend you all for that.I’m really glad it didnt took long ‘coz I though it would be long process and might take you nine months or more just like what I’ve heard of others applying for Australian Visa. Its a good decision on my part that I choose your agency. Finally me and Rod could spend to the rest of our lives together, and its all because of you guys.
To Mila and Jeff Harvie and the company,please accept my heartful thank to all of you. God bless!!!!”
Onshore Partner Visa on a Tourist Visa Articles From our BLOG page…
Bottom line. Which partner visa option?
What I’m saying here is that an onshore application is the more stressful option. Of course it can be done, and we are delighted to help. But you need to understand you will be under pressure, and can’t leave it all to the last minute. And this is especially the case if you have a wedding to organize, as well as a job to go to, shopping to do and lawns to mow. If you are prepared for this and are a fairly well-organised person? No problems. Talk to us about it.
But if you are not especially a fan of stress and pressure and would rather take your time, and especially if you want to have a well-organised wedding rather than a speedy one at the Registry Office, then the offshore visa options could well be your best choice. They are being processed faster these days anyway, so unlikely you will have too long to wait.
Bottom line for us? We like our clients to be well-informed and to make informed choices, and we are happy to help you to do what will make you happy. Hope to hear from you soon.
What can you do to get a partner visa?
If you’re really not in a hurry (and some couples are fairly patient), and wish to get a tourist visa for now? We’re happy to help you. But if you’re hoping she can simply stay on a tourist visa, then sorry but you’re heading for disappointment and an emotional rollercoaster.
We’ve discussed the mistake in thinking you can put a partner visa together late in the tourist visa stay in Australia in a few of our BLOG articles. Partner visas take months of work, and the Department are very unforgiving about poorly prepared applications which result from last-minute rush jobs. Yes, we can help with onshore partner visa applications, but you need the time to do them properly.
But spending all your savings and earnings on airline tickets instead of on saving for a partner visa application, this will just make it harder on you. You would be better off just biting the bullet and saving your money. Work overtime. Get some part-time work. Live a lean existence. Do that until you have a downpayment on a partner visa, which is probably less than the costs of a 3 month visit anyway. Then continue to live frugally over the following few months whilst preparing the partner visa application. They do normally take that length of time.