Has anyone had experience with applying to re-enter Australia as a student where their partner is an Australian citizen.
I must leave soon as one of my parents is very ill. I tried to use the online form through home affairs however I got stuck selecting what country I am currently in it did not have the option for Australia. I tried to call them twice today but the line disconnected before I got off the very long hold.
Apply to Re-enter Australia Due to Covid
deme on 04/06/2020 - 16:18
Last edited 10/06/2020 - 14:45 by 1 other user
Last edited 10/06/2020 - 14:45 by 1 other user
Comments
That really sucks and thanks for giving me hope about student visas.
It seems that you would need two permits; one to leave and one to re-enter:
https://covid19.homeaffairs.gov.au/leaving-australia"Temporary visa holders should be aware that if they wish to return to Australia while COVID-19 restrictions are in place, they will generally need a travel exemption" - that exemption refers to leaving Australia.
Wow, so many downvotes for posting what I thought was relevant government restriction information. And not one comment as to why.
Oh well.
We fixed you mate :)
permit to leaving australia? that only applies to Australians and permanent residents.
You will not need to apply for an exemption if you are:
- ordinarily resident in a country other than Australia
- an airline, maritime crew or associated safety worker
- a New Zealand citizen holding a Special Category (subclass 444) visa
- engaged in the day-to-day conduct of outbound freight
- associated with essential work at offshore facilities
- travelling on official government business, including members of the Australian Defence Force.
That isn't my reading of it; the text I have quoted is from the "leaving Australia" site.
You'll need to read it as a whole. There is no need for exemption for non Australian and permanent residents to travel from Australia.
@PissLUR: Ok.
I was assuming that the "…if they wish to return to Australia…" would necessitate the travel exemption approval.
If you go through to apply online, if you are returning to where you have citizenship you do not need to apply.
That isn't my reading of it; my understanding is that if you are leaving to where you have citizenship but are not intending to return to Australia then you do not need to apply.
Worth clarifying with Home Affairs IMO
Why are you re-applying to reenter as a student instead of as a partner of an Australian citizen?
It's a fair question, I've been advised by a migration agent that:
If we apply for partner visa defacto now, we cannot get married till it's approved otherwise a change in circumstances means you'd have to reapply and not get refunded and have to repay.
And,
The bridging visa will not kick in anyway until the student visa finishes.
If you know better I've asked the question here: https://www.ozbargain.com.au/node/542493
When you said partner, I thought you've been together for a while. I didn't realise that you hadn't even started the visa process.
I explained above why, even though exceeding the criteria for a partner visa we haven't.
@deme: If it was me, I would get married before I leave.Even then , there's no guarantee that you'll be allowed back in the country.No one can give you that guarantee , not even immigration.
@deme: They won't stop you from leaving but there's no guarantee that you'll be allowed back in. Look at all those students on a visa who went home for the summer holidays and have not been able to get back to Australia. There's no difference between you and them while you are still on a student visa.
doesnt sound right.. get a second opinion..
this is the one that you can apply
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-li…https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-li…
must be married or your de facto relationship must have existed for at least 12 months immediately before you apply for the visa.
You need to get a new migration agent.
There is no “de facto visa” or “marriage visa”. It’s the same “Partner visa” but they assess whether you’re a de facto partner or spouse of the Australian/PR sponsor.
Even if you apply on de facto basis, you can still get married while waiting for the outcome. They will just assess you under “spouse” provisions when they get to your case.
you will need to leave Australia before applying to re-enter.
Can you point to documentation that says this?
wouldn't it be common sense for that? you will be granted permission to enter Australia as your partner is Australian.
Why give that limitation when they want you to apply advance? Common sense is not isomorphic to legislation.
By partner, Op means boyfriend or girlfriend. Not partner as in partner visa. Many of those international students who are overseas have Australians bf/gf. Yet, they have not been allowed back in.
@[Deactivated]: if it's just a boy/girlfriend, they are not regarded as immediate family. so no entry for them.
I'd go see your ill parent - you won't regret it if its a not so good outcome. Worry about re-entry after.
+1 to this, I'll be leaving regardless just want to see if I can kick off things while I'm here. I don't really want to be doing it while I'm over there. Family is super important :)
+1
Sorry to hear about your situation. You would likely count as someone’s partner but its definitely a bit of a risk. AFAIK you need to be defacto eg living together etc to be allowed in.
It might be worth calling some immigration lawyers in the morning as you risk not being let back in or back on a aeroplane here. Some bridging visas have restrictions on leaving so you need to be careful.
Exactly. Arrange with your university to see if you can study online. Even if you can’t it’s only a semester you’ll hopefully miss.
At present, if you are not an Australian citizen or PR; you will need an exemption and they are extremely rare to get. Pretty much someone needs to be dying bed in Australia to be allowed back in.
I have heard that immediate family members of citizens are allowed; but have also heard stories from friends overseas that they have been refused entry.
However, there are talks that students will be allowed back in soon; so that might be an option in a few weeks time.