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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was hoping that you would be able to point me in the

Customer Question

I was hoping that you would be able to point me in the right direction, my partner is planing to move to Australia later in the year, She is a German Paralympian, and she has the intent to come to Australia and compete for Australia post RIO paralympic games, I have got as far as finding that the visa to do so is a Distinguished Talent visa (subclass 858) is this correct?
The idea of her coming to compete for Australia already has the backing of Athletics Australia and the Australian Paralympic Committee, as she is current world champion and world record holder, we believe that she will fit the required criteria for this visa.
Second question, and the main one really, I have noticed that she has to be IN Aus to apply for it, the question is what visa should she apply for, to get to Australia before applying for the 858 visa . The Immigration website states that...
You might not be eligible for this visa if you are the holder of one of the following visa types at time of application:
Electronic Travel Authority (Subclass 600)
Maritime Crew Visa (Subclass 988)
Superyacht Crew visa (subclass 488)
Temporary Work visa (Subclass 400)
Tourist visa (Subclass 676)
eVisitor (Subclass 651)
Visitor visa (Subclass 600)
Special purpose visa
Business (Short Stay) visa (Subclass 456).
so this is why i need some advice,
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.It appears you may be correct but she has to be here to apply. She would have to arrive as a visitor and apply for the 858 when here. She comes here for 3 months and applies on her arrival. She can remain while the new visa is being processed. She has to make sure that her visitors visa does not have any conditions of no further stay. If she is coming as a visitor she has to come to see the country. Any indications she has other plans they may reject her. I hope this makes sense and is of assistance.
Customer: replied 1 year ago.
Ok, a couple of questions further to that, on the immigration website is states that she may not be eligible if she arrives on a visitors visa? Is this only if she has a condition on her visa?
How soon after arriving would she have to apply for the 858 visa?
Expert:  Leon replied 1 year ago.
The she cannot apply. Do you have any intention of getting married?Is the paralympic committee here prepared to sponsor her to come out?
Customer: replied 1 year ago.
Well one day I do have the intention of marrying her.They are keen to get her here, what is involved in sponsoring her?
Expert:  Leon replied 1 year ago.
Good AfternoonThey can make the application to have her come out. They have to approach their Solicitor and get the ball rolling. I cannot tell you what they have to do. But they can make the application to have her come out.