Would I be able to Apply for a Spouse Visa from Australia?

[Munbud]

Hi good day

 

My wife and I moved back to South Africa soon after we got married in Australia in 2010. I am South African and my wife is Australian. We got married while I was there on a work visa. We are ready to go back now but my question is, can I apply for my "spousal visa" while on a holiday visa in Australia? in other words, can I go back to Oz on a Holiday Visa and then apply for the spousal visa while there? Hope this makes sense. 

Any feedback would be greatly appreciated, thanks.

[rozellem]

Ask one of the agents, like @SD_MOA .

I know a few married people here going through it at the moment and the government have (in a bid to deter fraud) made it more expensive, difficult and a drawn out process. Don't quote me but a figure if $7000 springs to mind.  

[TeeTMI]

People do apply onshore for the Partner visa whilst in Australia on a visitor visa.  You need to ensure that your visitor visa permits you to do so (e.g. some visas have a 'no further stay' (8503) condition applied). 

 

As Rozellem says it is a bit drawn out at the moment 12-15 months, and the application fee, currently $6,865, is likely to increase in July. 

If you are eligible you might also look at the Skilled Independent Visas which may also be an option?

 

[Munbud]

Thanks guys, yes I have noticed the price hike since December last year. When I first looked into applying it was only about $3000 :-(

Unfortunately I am over the age threshold of 45 to apply for a skilled visa (457) which I had in the past. I am 53 now.

How will I know if my Visitors Visa I am applying for will have a "No Further Stay" condition applied, Tee TMI?

[TeeTMI]

The temporary 457 visa does not have an age threshold, but it comes with its own issues (including your age and intention to apply for the partner visa) if you are looking at permanent residency.

 

There is a section on the visitor visa which will state if any conditions are applied and includes an explanation of those conditions.

Edited May 18, 2016 by TeeTMI

[Munbud]

Thanks for all your good feedback Tee TMI :-)