Third Short Stay Visa To Oz

[gburns57au]

Just a query mainly for Bridge,

A friend of my wifes has made two trips to Oz on self funded 676 visas. The first in April 08 and again in November 08. There are no problems regards her compliancy with both trips and both visas have the 8503 condition.

During this trip she has met a fella who is quite taken with her. They went to immigration to see if they could extend her visa and were rightly told that it was not possible. Immigration then advised them to apply for a prospective spouse visa.

This is not possible as he has only been separated from his Oz wife for about 14 months and he and his ex have not yet filed for divorce. Added to that is the length of time he has known her....even at the best it would be about 6 weeks so he couldnt prove an ongoing and genuine relationship to satisfy the criteria for the prospective spouse visa.

He wants to bring her to Oz on another visa so that they can get to know each other better before applying for a prospective spouse visa in the future once he has his divorce finalised. Now in the past I have heard that usually the Immigration will not allow a third visa as they state that after two trips the applicant can not be considered a genuine tourist.

The 676 visa is for purposes of tourism, recreation and visiting family and/or friends.. He has a stat dec stating his support for her if she is allowed to come a third time and has a letter stating that he wants her to visit him as a friend in order to further their relationship with a view to eventually applying for a prospective spouse visa. I would think that they would be seeking a 12 month multi entry or a 6 month visa as against just the usual three month visa.

I realise that this where the semantics come into it...she is not applying for a visa as a "tourist" but for the purpose of visiting friends

Is it likely given the circumstances that she would granted a third short stay visa ? I am concerned for them in that if they do apply and are rejected then this would not bode well for them with the eventual application for a prospective spouse visa.

thanks

[Isee]

This is not possible as he has only been separated from his Oz wife for about 14 months and he and his ex have not yet filed for divorce.

Just as a side interest for your friend, a person married in Australia after 12 months of separation can apply for divorce either by consent with the other party, or without - the later requiring an appearance. Divorce can still be granted if property/child orders have not been finalised. The "I'm still waiting for my divorce" story can be used to string birds along. Not to suggest that is his intention, but I've just picked up on your context of "...only been separated....14 months...".

I'm not learned in visa applications and I saw that you are really only asking "Bridge", but I was of the opinion that the 3rd time "view" was based on a bird applying on the same basis of going to see the same guy etc. Her current application would be viewed against her previous applications to see whether the visa she applied for this time was "appropriate". If what you say is correct, then it appears to me that the circumstances differ. People meet other people when on holidays all the time, so I don't see what the problem is with stating that as being the reason for her return to develop the relationship - just be honest about it all and I'm sure the path they have chosen is the best as while he's still married an application for a potential spouse or whatever would be viewed more critically imho.

[bridge]

The issue here as I see it, is whether the applicant for a subsequent subclass 676 tourist visa, will continue to satisfy the 'genuine visitor' requirements. There is certainly no rule set in stone that a person cannot apply for a third tourist visa. It is assessed on a case-by-case basis.

DIAC policy states that where there are concerns about the number of times an applicant has visited Australia or the length of their stays in Australia, in assessing whether they still meet the genuine visitor criterion, decision-makers should consider the following:

• whether the individual has a history of compliant travel

• the length of each visit the individual has made to Australia

• whether the person has spent more than 18 months in Australia over a 3 year period

• the individual's ability to support themselves without working, whilst in Australia

• whether there are any other visa options more suitable for the individual

• whether they intend to migrate to Australia.

Decision-makers are encouraged to take a fair and reasonable approach to the genuine visitor requirement, particularly where the applicant is involved in a spouse or partner relationship with an Australian citizen or permanent resident and/or there are children involved.

The focus should be on the current intentions of the applicant. Consequently, if the decision-maker is satisfied that the applicant intends to depart Australia within the authorised period of stay, but there may be a suggestion that they may later attempt to seek permanent residence and/or return to Australia, a visa grant may be considered (for example, individual seeking to travel to Australia to meet future parents in law and determine whether they wish to live in Australia with partner.

Hope this helps

Regards

bridge

[neverdie]

OP, My TG first came to Oz on a 3 month tourist visa & towards the end of it we sucessfully had it extended for a further 3 months, but at the time of seeking the extension we were able to show Immigration, photographs of our travels within Australia and they were able to determine that she was a genuine tourist. At the end of the extension period we both returned to Thailand for a few months before we obtained a longer tourist visa for her to return to Australia so we could complete our travels. I am not sure how much evidence of travel your friends TG can show, but if she can clearly demonstrate that she is acting as a tourist, it shouldn't be a problem. All my girls visas were issued within a couple of days of each application.

I was told at the time of applying for the various visas that they don't like issueing tourist visas when the purpose of the visa is clearly not for tourism purposes....kinda makes sense. Good luck to your mate & his GF.

Edited January 12, 2009 by neverdie

[gburns57au]

Thanks for the replies guys,

I posted on the board so others, other than Bridge could respond and also so that anyone else may gain something from it.

I am fairly familiar with the Oz Immigration and visa issues, but this was something I needed to get expert advice on and Bridge is the man for that now.

I will tell them to apply for the 676 short stay visa on the basis that they are trying to develop the relationship and see how they go.

Thanks again

[gburns57au]

This is not possible as he has only been separated from his Oz wife for about 14 months and he and his ex have not yet filed for divorce.

Just as a side interest for your friend, a person married in Australia after 12 months of separation can apply for divorce either by consent with the other party, or without - the later requiring an appearance. Divorce can still be granted if property/child orders have not been finalised. The "I'm still waiting for my divorce" story can be used to string birds along. Not to suggest that is his intention, but I've just picked up on your context of "...only been separated....14 months...".

I have spoken to him regards his divorce and he will be starting proceedings in the near future...

At nearly 63, I dont think he has been stringing too many birds along.....

[Mason45]

I'm an Aussie and I live in Bangkok with my Thai wife (amphur marriage) we've been together for 7 years now married for 6 years. When my wife to be was my girl friend she obtained a 3 months tourist visa and after we were married she obtained a 6 months tourist visa. On receiving the 6 months visa she was told that she couldn't get any more tourist visas and if she wanted to return to Australia for any reason she would have to apply for a spouse visa. This didn't really suit us as we're both happy living in Thailand but surely as an Australian citizen I can take MY legally married wife back to MY country at least once every year or 2 to visit our family, friends and take in some sight seeing along the way and on a tourist visa for her but the answer I got last time she applied was that it was explained to me in full previously and that she no longer qualifies for a tourist visa, the exact reason why has still got me baffled. She has never broken any visa conditions on her previous tourist visas to Australia, I'm a self funded retiree, financially very sound and I still own my own home in Australia. This isn't just isolated to me, at least 4 Aussies friends have been told no more tourist visas after the second.