Best Visa For Australia

[jackspratt]

I would welcome any thoughts on what might be the best visa options for my wife to stay in Oz for the medium term (say 1 - 2 years).

I am returning to Oz to take care of my terminally ill mother, and naturally would like to take my wife with me. She has been to Oz 3 times before, on 2 different 1 year (3 months max) tourist visas.

It is our intention to return to live in Thailand after my mother dies, so I want to avoid to hassles and costs in applying for a spouse visa. My wife would like to do some study while we are in Oz.

Given the above circumstances is Immigration likely to look kindly on 1 or 2 X 12 month tourist visas, with 6 month maximum stays, given that my wife will need to return to Thailand 2 or 3 times a year to visit her son (9 years) and other family?

Is there a better visa available?

What are the complications if we decide to take her son?

Cheers

[bridge]

I would welcome any thoughts on what might be the best visa options for my wife to stay in Oz for the medium term (say 1 - 2 years).

I am returning to Oz to take care of my terminally ill mother, and naturally would like to take my wife with me. She has been to Oz 3 times before, on 2 different 1 year (3 months max) tourist visas.

It is our intention to return to live in Thailand after my mother dies, so I want to avoid to hassles and costs in applying for a spouse visa. My wife would like to do some study while we are in Oz.

Given the above circumstances is Immigration likely to look kindly on 1 or 2 X 12 month tourist visas, with 6 month maximum stays, given that my wife will need to return to Thailand 2 or 3 times a year to visit her son (9 years) and other family?

Is there a better visa available?

What are the complications if we decide to take her son?

Cheers

Hi jackspratt

All tourist visa applicants must satisfy the 'genuine visitor' and 'adequate funds' criteria. A general guide to this can be found at the following link:

http://www.thaivisa.com/forum/index.php?s=...t&p=2425465

A condition of a tourist visa (Condition 8201) is that the visa holder must not engage, for more than 3 months, in any studies or training in Australia. Your wife could therefore study for up to 3 months on a tourist visa.

If you wife wanted to study beyond 3 months, then the most appropriate visa would be a student visa. Keep in mind however, that student visas are for those who genuinely intend to study. Failure to comply with the strict conditions imposed on a student visa, particularly with regards to satisfactory course attendance, can result in the student visa being cancelled. Education providers are required by law to report all breaches to DIAC.

Any visa application that includes your wife's son, if under 18, DIAC must be satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the child.

Tourist Visa - Validity Periods

Pursuant to the Migration Regulations there is no actual limit stipulated on the length of validity of a tourist visa (subclass 676). However, under DIAC policy, the standard period for travel and re-entry to Australia is 12 months from the date of grant.

Decisions to grant a longer validity period are made taking into account relevant factors including:

• whether the applicant could be considered a de-facto resident of Australia; (see below)

• the purpose of the applicant's visit;

• their immigration history;

• whether the applicant has sufficient financial resources to support a possible extended stay in Australia without working;

• the period of stay requested;

• any security considerations and;

• whether the applicant is low risk.

What is defacto residence?

In deciding whether or not a visitor visa applicant is a genuine visitor, DIAC will consider whether the applicant is attempting to circumvent proper migration channels and use the visitor visa program to maintain an ongoing residence in Australia.

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, DIAC will consider:

• 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;

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

• whether they intend to migrate to Australia;

Any well prepared application will address all of these issues. I hope this has helped.

Regards

bridge

Australian Registered Migration Agent

Edited February 2, 2009 by bridge

[gburns57au]

Pursuant to the Migration Regulations there is no actual limit stipulated on the length of validity of a tourist visa (subclass 676). However, under DIAC policy, the standard period for travel and re-entry to Australia is 12 months from the date of grant.

Bridge.....I take it you are referring to the 12 month multi entry visa here....

The 3 and 6 month 676 visas has a three month entry validity from the date of grant with the the 3 or 6 month stay activating on arrival. On the rare occasion that a straight 12 month visa is granted I presume that it would work on the same basis as the 3 and 6 month visa.

Edited February 3, 2009 by gburns57au

[bridge]

Pursuant to the Migration Regulations there is no actual limit stipulated on the length of validity of a tourist visa (subclass 676). However, under DIAC policy, the standard period for travel and re-entry to Australia is 12 months from the date of grant.

Bridge.....I take it you are referring to the 12 month multi entry visa here....

The 3 and 6 month 676 visas has a three month entry validity from the date of grant with the the 3 or 6 month stay activating on arrival. On the rare occasion that a straight 12 month visa is granted I presume that it would work on the same basis as the 3 and 6 month visa.

Hi Graham,

There is only one subclass 676 visa. The method of application depends on the circumstances of the applicant and the passport that they hold. For example a Thai national, holding a Thai passport would not be able to make an e676 application.

With regards to the visa validity period of a subclass 676 visa, there is certainly no legislative limit on the length of validity of a tourist visa. However, under DIAC policy, the 'standard' period for travel and re-entry to Australia is 12 months from the date of grant. Under policy, tourist visas can, however, be granted with up to a 4 year validity period. Of course shorter validity periods of 3 and 6 months will be granted in a lot of cases. As listed in my previous post there many factors that are take into account when deciding whether to grant a longer validity period.

With regards to stay periods. The Migration Regulations provides that up to 12 months stays are allowable on a subclass 676 visa. The stay period granted, whether it be 3, 6 or 12 months is generally determined in accordance the criteria used to establish the 'genuine visitor' and 'adequate funds' criteria. A stay period beyond 12 months may also be granted in exceptional circumstances. Under DIAC policy, the standard stay period for an offshore tourist visa application is either 3 or 6 months, unless the applicant’s circumstances and/or the proposed purpose of the visit are such that DIAC are inclined to allow a greater period of stay than 6 months

Regards

bridge

[jackspratt]

Thanks guys.

At this stage I reckon I am looking at a 12 month multi-entry visitor visa, with hopefully 6 month stays. Used correctly that would allow nearly 18 months.

I will also ask the Oz Embassy in Vientiane for their suggestions - it is easier for me to get visas there because of my location.