Australian Visa options/strategies

[Cobba]

Hi all, i am looking for Australian Visa options/strategies.

My TGF's visa is soon to expire so we are now looking at options to see her to return to Australia so we can be together.

Some history, she came to Australia on a study visa in 2014. After graduating her degree, found work with an Australian company on a graduation visa which is due to expire (3 weeks) and as i am aware, a grace period of 35 days there after will see the final expiry date where she must leave the country. The company that she works for have been promising sponsorship to remain, but appears to be stringing her along, doing nothing. Time is now critical so now we have aborted the idea of the company doing anything positive for her.

A brief history of our association is that we met 04.06.2018.

I was discussing options with her last night based on our short duration of knowing each other, and am a little concerned what option will suit our needs as what option we will be qualified for based on our short duration of knowing each other.

My first thought was to give the company the benefit of doubt and give them until this coming Friday close of business, then hand in her resignation. Because she is a valued employee, this may give the company the fright they need to get them moving on the sponsorship. If they dont move, then we need to seek alternative measures.

My first thought is she return to Thailand, then apply for a tourist Visa to come back to Australia. I do think this will only give us 3 months together then we will be back to square 1. I have had a look at the Aus Gov home affairs website and its all a headache on what Visa's to pursue on qualifying criteria....

Spouse visa/partner visa/working visa all come at a high dollar cost which i am not worried about paying, i just want to invest the correct visa where we will get the most benefits out of.

I know quite a few of you guys have been down this road before, so any advice on things to stay clear of, or pointers to help, and finally best Visa options based on previous experience.

Finally, i do know all the information thats needed to supply for the tourist Visa (Letter of invite, photos, bank accounts etc etc) to save you guys advising on what i already know about that.

Thanks in advance, Cobba.

 

[OZZYGUY]

First off do not overstay the visa whatever she does, that will make things much harder later. Best even don’t use the grace period IMO.

We have done several student visa's.

My suggestion would be to apply for a student visa while she is in Australia, but it will cost a bit more. Choose a course that doesn’t cost too much, maybe cooking or something that interests her. It’s just short term.

If on a tourist visa she cannot work, a student visa will allow her to work 20 hrs a week in Australia and support the costs of living etc.

If things work out between you guys once you have been together 12 months you can apply for a On shore partner visa subclass 820 currently around $7,200 AUD. She will then be granted automatically a bridging visa that will allow her to stay in Australia until the partner visa is approval plus giving her full work rights Medicare. The partner visa takes a long time we are 3 years in on this now.

There is a lot of planning for a partner visa, things you need to start doing now not 10 months time when you qualify.

Has she got kids in Thailand that will want to come to Aust?

 

[Cobba]

First off do not overstay the visa whatever she does, that will make things much harder later. Best even don’t use the grace period IMO.

We have done several student visa's.

My suggestion would be to apply for a student visa while she is in Australia, but it will cost a bit more. Choose a course that doesn’t cost too much, maybe cooking or something that interests her. It’s just short term.

If on a tourist visa she cannot work, a student visa will allow her to work 20 hrs a week in Australia and support the costs of living etc.

If things work out between you guys once you have been together 12 months you can apply for a On shore partner visa subclass 820 currently around $7,200 AUD. She will then be granted automatically a bridging visa that will allow her to stay in Australia until the partner visa is approval plus giving her full work rights Medicare. The partner visa takes a long time we are 3 years in on this now.

There is a lot of planning for a partner visa, things you need to start doing now not 10 months time when you qualify.

Has she got kids in Thailand that will want to come to Aust?

Thanks for the reply and information.

Your advice makes much sense. I did talk to a friend of mine about applying for another student visa, who advised that the Aus home affairs office dont look favorably on back to back study visas..... I am not sure this is true, just quoting what he told me.

She has no children.

I do like the idea about the partner visa 820 mentioned. A question about the "been together" for 12 months.... Is that living together or just supply evidence that we have been BF/GF for the 12 months ?

 

[OZZYGUY]

We did two back to back student visa's, think the application is about $600 but its the study that can cost a bit.

Been together as in living together from what I understand. You need proof of that, like a rental agreement in both names, joint bank account, power bills, water bills and things like this that show you are in a on going de facto relationship. These are the things you can start doing now.

Collect everything, written invites to functions with both your names on it, print facebook posts with both you on it, flights and accomadation with names on it.

 

[OZZYGUY]

This is a good place for info.

Forums - Australian Visa Forum

 

[Cobba]

Thanks for the reply and advice once again Ozzyguy

 

[Stillearly]

will she be allowed to work on any new visas you manage to get ?

 

[Moo Uaon]

^ only the student visa... I think.

 

[justcruzing1]

i was going to say the same, DON'T let her overstay by 1 day!! It will bite you later.

My thoughts are, have her resign immediately giving 2 weeks notice and explain she has to get her affairs in order in preparation of her having to leave the country as they haven't done anything about sponsoring her.

If they really do intend sponsoring her, it will make them jump to action, don't let them tell her she still has 35 days after, she needs to say she won't break the law....they should respect her for that and may make them value her more as an employee.

What sort of work does she do? I am way out of tune/time with Visa's so no help there.

Is her job something that could fit a 504 Visa?...is there any other company that may want her and would sponsor her? One of the current companies competitor's perhaps ??

Good luck with it.

 

[OZZYGUY]

Cobba her biggest issue is the time frame. 3 weeks will go fast and most Visa's will take longer than 3 weeks.

Beware what ever Visa gets approved needs to expire before a new Visa starts. So if a 12 month holiday Visa is approved then you do a Visa with work rights that won't start to the 12 month holiday Visa finishes.

Give the department a call. Talk with them.

If you apply online through a immi account it is much faster than a paper application.

Maybe it is possible to her a holiday Visa. Try get 12 months worse cash they give her 3 months but she cannot work. Tell them she has spent the past years working and before going home wants to see Australia. The holiday Visa is easy and about $140. Message me if you need a hand.

But you should call them ask what the options are. They are very helpful.

This Visa stuff is a bit confusing at first but myself, Rivo, gazmac and a few others have done it plenty of times and here to help.

 

[Stillearly]

I'm always bit of a cynic , but a couple of things to consider ... devils advocate if you like

if you manage to get her a visa does she have enough savings , family money to support herself , contribute to your expenses or are you planning on supporting a woman you met two months ago .. ? would you be happy to do that if she wasn't Thai ?

how long was she a member of the dating site , was it something she joined recently knowing that her visa was due to expire .. ?

 

[Moo Uaon]

^ she certainly found Cob at the right time re visa expiry after a coupla years on the site (think he said).
I met one like that one time. Quite happy to be single until visa expiry was approaching 55

If the company she's with doesn't take her on again it seems that's the only real option for her to stay in Oz?Otherwise shell be back... probably working and with little time to travel back and stay? while doing an out of country partner visa.

She might be better off riding it until the end with the mob she's with as it seems her only option to stay and show them she's loyal,wants to stay and enjoys working there? They'll know that she has limited options.

beggars can't be choosers from what I'm seeing here.

 

[OZZYGUY]

One thing to consider is if the current visa has the 'No further stay' condition on it, she has to go back to LOS and it is pointless applying for a visa to keep her in Aust. She needs to go back home first then apply.

A bridging visa may be the first step, get you some time and can then look into what visa suits best. I have done bridging visa B before cost about $100 and took 24hrs just dont know about this one. https://www.homeaffairs.gov.au/trav/visa-1/051-

Its early in the relationship, If Cobba can get her to stay in Australia awhile he can build the relationship over some time and get to see if he wants to commit to a partner visa in the near future, but he needs to start collecting relationship proof now worse case it ends up in the bin. Time will tell how genuine someone is, well in most cases anyway. You need to be clear if you are committing to a partner visa weather it’s on shore or off shore and IMO a on shore is a better way as at least you are together all the time and know what’s going on.

 

[Moo Uaon]

^ education visa would be the best ( last bit) bet?

18 month courses etc ain't cheap.
Attached files

 

[Cobba]

i was going to say the same, DON'T let her overstay by 1 day!! It will bite you later.

My thoughts are, have her resign immediately giving 2 weeks notice and explain she has to get her affairs in order in preparation of her having to leave the country as they haven't done anything about sponsoring her.

If they really do intend sponsoring her, it will make them jump to action, don't let them tell her she still has 35 days after, she needs to say she won't break the law....they should respect her for that and may make them value her more as an employee.

What sort of work does she do? I am way out of tune/time with Visa's so no help there.

Is her job something that could fit a 504 Visa?...is there any other company that may want her and would sponsor her? One of the current companies competitor's perhaps ??

Good luck with it.

Yes, i am prompting her not to use any of the 35 day grace period. I am also prompting her to resign tomorrow afternoon. She is not locked into a contract so she dosent need to give the company any notice about leaving.

She graduated Uni and her master degree is accountancy. She however works as an academy assistant. As far as i know, a friend of hers said she will not qualify for a working visa as accountancy is not on the list recognized as desirable.

I have searched the Home affairs website and cannot see a 504 visa...

Possibly she could look for work elsewhere that would sponsor her in the position she has now but we are running out of time for that. In hindsight, had i have known earlier that her visa will expire soon, we could have started looking at options earlier. I guess she trusted the company would hold true to their previous promise of sponsorship. It is looking like they have lied to her, playing with her trust and goodwill.

 

[MarcTwoSix]

Yes, i am prompting her not to use any of the 35 day grace period. I am also prompting her to resign tomorrow afternoon. She is not locked into a contract so she dosent need to give the company any notice about leaving.

She graduated Uni and her master degree is accountancy. She however works as an academy assistant. As far as i know, a friend of hers said she will not qualify for a working visa as accountancy is not on the list recognized as desirable.

I have searched the Home affairs website and cannot see a 504 visa...

Possibly she could look for work elsewhere that would sponsor her in the position she has now but we are running out of time for that. In hindsight, had i have known earlier that her visa will expire soon, we could have started looking at options earlier. I guess she trusted the company would hold true to their previous promise of sponsorship. It is looking like they have lied to her, playing with her trust and goodwill.

Why are you blaming the company?
She's an adult and should know where she stands already with such little time left
That is on her just sitting there and not pushing for an answer

And if she has pushed them and they haven't come back to her with such little time left she already has her answer and she is not as valued as you make her out to be

I'm 13 years into multiple work permits with my company and I can tell you they start contacting me a year before my WP is set to expire


And what positives would come from you prompting her to resign from her job abruptly?
That sounds like it has nothing but negative implications and does her no good.

Why anyone would suggest she resign rather than act like an adult and go to her boss or HR and ask again if they plan on sponsoring and remind them she is under time constraints is beyond me

 

[Cobba]

Maybe it is possible to her a holiday Visa. Try get 12 months worse cash they give her 3 months but she cannot work. Tell them she has spent the past years working and before going home wants to see Australia.

Good advice...... I am steering towards the tourist visa at this stage but, need to evaluate all options to best suit our needs.

 

[Cobba]

I'm always bit of a cynic , but a couple of things to consider ... devils advocate if you like

if you manage to get her a visa does she have enough savings , family money to support herself , contribute to your expenses or are you planning on supporting a woman you met two months ago .. ? would you be happy to do that if she wasn't Thai ?

how long was she a member of the dating site , was it something she joined recently knowing that her visa was due to expire .. ?

As far as i know she has money in the bank. She does work full time earning a decent salary. Yes, i am prepared to support her.

I think she was a member of the date site for 12 moths i think, only holding a 30 day subscription (with full access) at the start. She went on 2 meets for coffee but the guys did not tick the right boxes for her and nothing continued. Then i contacted her....

 

[Cobba]

If the company she's with doesn't take her on again it seems that's the only real option for her to stay in Oz?Otherwise shell be back... probably working and with little time to travel back and stay? while doing an out of country partner visa.

She might be better off riding it until the end with the mob she's with as it seems her only option to stay and show them she's loyal,wants to stay and enjoys working there? They'll know that she has limited options.

beggars can't be choosers from what I'm seeing here.

Thanks but we have agreed on her resignation tomorrow...... Unless miracles happen of course and the company pulls finger from a**e and has the meeting promised to her so often in these final days.....

 

[Cobba]

Its early in the relationship, If Cobba can get her to stay in Australia awhile he can build the relationship over some time and get to see if he wants to commit to a partner visa in the near future, but he needs to start collecting relationship proof now worse case it ends up in the bin. Time will tell how genuine someone is, well in most cases anyway. You need to be clear if you are committing to a partner visa weather it’s on shore or off shore and IMO a on shore is a better way as at least you are together all the time and know what’s going on.

Good advice and is what i am thinking as well