Can I apply for a Visitor visa while my Partner visa application is processing?

The processing times for Partner visa applications submitted offshore can now take up to 2 years, or even more. Because of this, many applicants may want to apply for a Visitor visa while their Partner visa is processing so that they can visit and spend time with their partner in Australia during this time. Although the Department of Home Affairs (DOHA) has the discretion to grant varying periods of time, it is very possible in these circumstances for a strong application to be granted a 1 year multiple entry visa.

If you have applied for a Partner visa offshore, or a Prospective Marriage visa (this must be applied for offshore), you are still eligible to apply for a Visitor visa at any time until your Partner visa has been granted. Your Visitor visa application must still meet all of the normal requirements necessary for the grant of the visa, and if it does not, your application will be refused. Many such applications are in fact refused because the applicant did not provide sufficient information or documentation to warrant the grant of the visa.

Can my Partner visa be granted while I am in Australia?

If you have applied for a Prospective Marriage visa (Fiancé visa) or an offshore Partner visa by marriage or de facto, it is a legal requirement that you must be outside of Australia when the visa is granted. Your visas cannot be granted if you are in Australia. Because of this fact, it is important to keep DOHA informed of your current address and contact details. If you are in Australia when they are ready to make a decision, the Department will usually call you and ask you when you are planning on leaving Australia so that they know when they can make the decision.

How long will it take for my Partner visa application to process?

The time frame for the processing of Australian visa applications varies greatly depending on many different factors. If you have applied for a Partner visa offshore be prepared for a lengthy wait. As at 2020, the processing times are estimated to be between about 1 to 2 years. You can avoid unnecessary and significant delays in processing by preparing a comprehensive application which also includes all of the required supporting documents, as well as replying to any Request for More Information in a timely way and with all of the documents required in the Request.

What should I include in my Visitor visa application?

Many people have fallen into the trap of thinking that, just because they have applied for a Partner visa, this now somehow guarantees that they have the right to be granted a Visitor visa, or at least that their application will be easy and they will not have to meet the same standards as everyone else. This is simply not true. A Partner visa and Prospective Marriage visa applications are assessed using an entirely set of eligibility criteria as opposed to a Visitor visa application. Therefore it is very important to submit a thoroughly prepared Visitor visa application which consistently evidences that your sole intention is to visit Australia as a genuine temporary visitor only. The fact that you have made a Partner visa application will not guarantee the success of your Visitor visa application. Many people have contacted me scratching their heads wondering why their Visitor visa application was refused in the same circumstances. I have had to explain the rules to them and then subsequently I have assisted the client to make a new application which dealt with all of the eligibility criteria. Needless to say, the visas were granted. So if you feel that you may need expert help to prepare a Partner visa or Visitor visa application,including coming up with a visa strategy to suit both you and your partner’s individual needs, then contact me for more information at: info@aussievisas.net / australianvisaadvice.com

Written by Luke Gorham ©2020
Registered Migration Agent
Solicitor
Owner
Australian Visa Advice
www.australianvisaadvice.com

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FAQ

Is a Tourist visa same as a Visitor visa?

In effect, yes. It all depends on the type of Travel or Holiday visa you are applying for. There are multiple types of Visitor visa: Tourist stream, Business Visitor visa Australia, Frequent Traveller stream, Sponsored Family stream, ETA an eVisitor visas. Each one is for a different purpose and some are restricted as to who can apply for them.

Is an Interview required for Australian Visitor visa?

No, you don’t usually need to attend an Interview when you apply fora Visitor visa Australia. Sometimes they will phone you unannounced and do a short Interview at that time, and a formal Interview may even be required if there are serious concerns or issues about an application.

How long is the Processing time for a Visitor visa?

The Australia Visitor visa processing time can vary depending on where and when you apply. Generally speaking, it can take anywhere from 1-5 weeks to process an Australian Visitor visa application. The Australia Visitor visa processing time is usually shortest when you submit a complete application with all of the required information and supporting documents.