Australian Tourist Visa Renewal

[eyes]

Is there any limit on how many tourist visa a thai can get for Australia.

The reason i ask is because i have bought my Thai Girlfriend to Australia 3 times on tourist visas with no problems,but now she says she has been told my a friend that she can not get any more ,she has to now get a spouse visa,does not sound right to me, also very expensive and time consuming ,,can anyone give me any advice on this ,,,

Many thanks

[Mario2008]

Moved to visa for other countries section

[bridge]

You don't renew a tourist visa. Every application is a fresh application.

Read Post # 9 for some info on this topic:

[ProThaiExpat]

A few years ago, there was information about this issue to the effect that the Australian Embassy BKK, perhaps implementing DIAC policy, has stated many times to multiple tourist visa requests from Australian men and their Thai girlfriends, that after two tourist visits, any further visas must reflect the maturation of the relationship into a fiance visa or similar.

Their point is that Tourist means Tourist, not visit to Aussie Boyfriend. I would suggest she was lucky to get the third one.

DIAC is very particular about the purpose of a visit to Australia and that it should reflect reality. For those Aussie men who don't want to marry their girlfriends, they need to seek other visa options other than Tourist visas after two such visas.

My partner recently was denied a six month visa based on a family visit subcategory of Tourist with a verbal explanation that with a one year multiple entry visa last year in which he was in Australia 340 days of the year, that he was abusing the family visit reason for visiting Australia. The rationale was in that year, he was in effect a resident of Australia not of Thailand. They want to see the majority of time in Thailand with much shorter family visits. They gave him a 3 month Tourist visit for a family visit this year from which we just returned today.

[Will27]

As I understand it, there is no rule to how many visa's are issued.

In general however, I think one tourist visa per year would be looked

at favourably by DIAC. What DIAC don't want is to continue to issue

multiple visa's on a yearly basis. Mainly because of people wanting to

"get around" the de facto provisions for a spouse visa. Also because

of the amount of time spent in Australia is not consistent with being a tourist.

Plus, with multiple entries, the likelihood of the applicant being employed

is a concern. Especially when the applicant is staying with relatives.

Having said that, there are always examples of some applicants being

issued with multiple visa's and some not. You take your chances.

Regards

Will

[Tolley]

My girlfriend has had two 12 month visas and two three month visas in the last 4.5 years.

We wanted another 12 month visa this year but we were only given a three month visa this time.

I think they decide on a case by case basis so don't be put off the worse they can do is say no.

[xen]

I too have been told a similar story to the OP. We have just applied for a third Tourist Visa requesting a 12 month visa. How we go is yet unknown but my gf was told that she must spend equal time in Thailand as she does in Oz , that is if she applies for 6 months in Oz she must spend 6 months plus in Thailand beforehand and we can only apply for a total of 3 tourist visas.

After the three tourist visas, a Spouse/ Partner visa must be applied for .To apply for a Partner /defacto /or spouse visa ,from what i understand, we must be "free" to marry which i am not as i am still not divorced from my first Thai wife. It is difficult to obtain a thai divorce when we are both based in Australia as we must be in Thailand at the same time,same office , to divorce.

I am also under the impression that if we do obtain a Partner / de-facto / Spouse visa we must marry within the 12 month period as they frown upon repeated applications .

Please correct me if i am wrong in my understanding .

[Turboadam]

"I am also under the impression that if we do obtain a Partner / de-facto / Spouse visa we must marry within the 12 month period as they frown upon repeated applications ".

That if true would be the least of your concerns.... With a $1995 application fee, 13 month processing time, failure to abide by the rules of the visa etc etc

I understand that you have 9 months to actually be married after arrival anyway, not 12. The intent of a PMV is to come to Oz to marry and live here, not visit every so often without marrying.

[Tolley]

I too have been told a similar story to the OP. We have just applied for a third Tourist Visa requesting a 12 month visa. How we go is yet unknown but my gf was told that she must spend equal time in Thailand as she does in Oz , that is if she applies for 6 months in Oz she must spend 6 months plus in Thailand beforehand and we can only apply for a total of 3 tourist visas.

After the three tourist visas, a Spouse/ Partner visa must be applied for .To apply for a Partner /defacto /or spouse visa ,from what i understand, we must be "free" to marry which i am not as i am still not divorced from my first Thai wife. It is difficult to obtain a thai divorce when we are both based in Australia as we must be in Thailand at the same time,same office , to divorce.

I am also under the impression that if we do obtain a Partner / de-facto / Spouse visa we must marry within the 12 month period as they frown upon repeated applications .

Please correct me if i am wrong in my understanding .

Who is saying this?

Is it the people from the visa application service or are you speaking directly to the embassy officer for this information?

[xen]

I too have been told a similar story to the OP. We have just applied for a third Tourist Visa requesting a 12 month visa. How we go is yet unknown but my gf was told that she must spend equal time in Thailand as she does in Oz , that is if she applies for 6 months in Oz she must spend 6 months plus in Thailand beforehand and we can only apply for a total of 3 tourist visas.

After the three tourist visas, a Spouse/ Partner visa must be applied for .To apply for a Partner /defacto /or spouse visa ,from what i understand, we must be "free" to marry which i am not as i am still not divorced from my first Thai wife. It is difficult to obtain a thai divorce when we are both based in Australia as we must be in Thailand at the same time,same office , to divorce.

I am also under the impression that if we do obtain a Partner / de-facto / Spouse visa we must marry within the 12 month period as they frown upon repeated applications .

Please correct me if i am wrong in my understanding .

Who is saying this?

Is it the people from the visa application service or are you speaking directly to the embassy officer for this information?

Some of the information comes from the company that do the visa applications , plus a bit of hearsay from others in similar positions plus what i can interpret from reading the info on the Immigration website. The divorce information in Thailand come from this forum.

[Tolley]

As I said before I don't think there is any rule that limits tourists visas to three and it seems the info you are getting is not directly from the embassy.

I remember another poster here who had gotten 8 tourists visas for his partner and as I said before my girlfriend is on her fourth.

It all depends on individual circumstace i guess.

[bridge]

As I said before I don't think there is any rule that limits tourists visas to three and it seems the info you are getting is not directly from the embassy.

I remember another poster here who had gotten 8 tourists visas for his partner and as I said before my girlfriend is on her fourth.

It all depends on individual circumstace i guess.

Tolley,

You are right. There is no rule that says how many tourist visas a person is limited to. Ultimately it comes down to whether the person is still considered to be intending to visit Australia as a genuine visitor only, as prescribed by the Migration Regulations 1994. Where a problem typically arises is where multiple tourist visas have been applied for in a time frame that suggest that the applicant is attempting to obtain de-facto residence through the use of multiple tourist visas.

As you point out Tolley it all depends on the individual circumstances.

Bridge

[xen]

As I said before I don't think there is any rule that limits tourists visas to three and it seems the info you are getting is not directly from the embassy.

I remember another poster here who had gotten 8 tourists visas for his partner and as I said before my girlfriend is on her fourth.

It all depends on individual circumstace i guess.

Tolley,

You are right. There is no rule that says how many tourist visas a person is limited to. Ultimately it comes down to whether the person is still considered to be intending to visit Australia as a genuine visitor only, as prescribed by the Migration Regulations 1994. Where a problem typically arises is where multiple tourist visas have been applied for in a time frame that suggest that the applicant is attempting to obtain de-facto residence through the use of multiple tourist visas.

As you point out Tolley it all depends on the individual circumstances.

Bridge

I just got a phone call last night telling me my gf has been granted her visa but again they told her she will not be able to get any more so the visa application section has decided that she is ' is attempting to obtain de-facto residence through the use of multiple tourist visas ' as you say. I wonder what happens next if my wife and i don't get the divorse in Thailand - wether i can go direct to the embassy or imigration here in Oz. Guess i will cross that bridge when i come to it.

[gburns57au]

A few furphy's been flying around here.

There is no prescribed limit on the number of tourist visas issued to an individual applicant, Immigration reserves the right to limit the amount, this is done on an individual case by case basis.

The 676 visa is for the purpose of tourism and visiting friends and families. That means visiting the Aussie boyfriend is a legitimate reason for getting the visa.

There are no restrictions on the length of time spent in Oz on a 12 month multi entry aside from each stay cannot exceed 3 months.

You dont have to get married within 12/9 months on a Partner/de facto/spouse visa. However on a Prospective spouse visa you must marry within 9 months from the date of grant.

Unless the applicant for a tourist visa has been told that they will not receive a further visa, then an application maybe lodged. If the Embassy have stated that a further tourist visa will not be issued, then a different visa should be applied for. Having said that, each case is different and applications are processed on their own merits, it is not always a cut and dried situation.

[xen]

A few furphy's been flying around here.

There is no prescribed limit on the number of tourist visas issued to an individual applicant, Immigration reserves the right to limit the amount, this is done on an individual case by case basis.

The 676 visa is for the purpose of tourism and visiting friends and families. That means visiting the Aussie boyfriend is a legitimate reason for getting the visa.

There are no restrictions on the length of time spent in Oz on a 12 month multi entry aside from each stay cannot exceed 3 months.

You dont have to get married within 12/9 months on a Partner/de facto/spouse visa. However on a Prospective spouse visa you must marry within 9 months from the date of grant.

Unless the applicant for a tourist visa has been told that they will not receive a further visa, then an application maybe lodged. If the Embassy have stated that a further tourist visa will not be issued, then a different visa should be applied for. Having said that, each case is different and applications are processed on their own merits, it is not always a cut and dried situation.

Then I am getting confused between Partner/de facto/spouse visa and the Prospective Spouse visa so i must go back to the immigration visa site and have another look . But it also appears that the Visa application section in Bangkok could spread a bit of misinformation . My gf tells me that the woman who rang her to tell she has the visa also told her she should be using the spouse visa next time and we have to get married which is fine with me except i need to go thru the Thai process of getting divorced in Thailand. She also told her that if she re-applies for tourist visa then she can only do that after spending considerable time in Thailand before re-applying. She has been told this a couple of times from the Visa section. Obviously i need to confirm this from immigration here in Oz as the visa section and possibly my gf are misunderstanding the situation .

My apologies to the OP for any hijacking of his thread.

[gburns57au]

Then I am getting confused between Partner/de facto/spouse visa and the Prospective Spouse visa so i must go back to the immigration visa site and have another look . But it also appears that the Visa application section in Bangkok could spread a bit of misinformation . My gf tells me that the woman who rang her to tell she has the visa also told her she should be using the spouse visa next time and we have to get married which is fine with me except i need to go thru the Thai process of getting divorced in Thailand. She also told her that if she re-applies for tourist visa then she can only do that after spending considerable time in Thailand before re-applying. She has been told this a couple of times from the Visa section. Obviously i need to confirm this from immigration here in Oz as the visa section and possibly my gf are misunderstanding the situation .

My apologies to the OP for any hijacking of his thread.

If your gf was told by the embassy that she would need to go for a spouse visa next time then that is what she will have to do, unless there are legitimate reasons why this would not be possible, again this would be determined on a case by case basis.

[xen]

Then I am getting confused between Partner/de facto/spouse visa and the Prospective Spouse visa so i must go back to the immigration visa site and have another look . But it also appears that the Visa application section in Bangkok could spread a bit of misinformation . My gf tells me that the woman who rang her to tell she has the visa also told her she should be using the spouse visa next time and we have to get married which is fine with me except i need to go thru the Thai process of getting divorced in Thailand. She also told her that if she re-applies for tourist visa then she can only do that after spending considerable time in Thailand before re-applying. She has been told this a couple of times from the Visa section. Obviously i need to confirm this from immigration here in Oz as the visa section and possibly my gf are misunderstanding the situation .

My apologies to the OP for any hijacking of his thread.

If your gf was told by the embassy that she would need to go for a spouse visa next time then that is what she will have to do, unless there are legitimate reasons why this would not be possible, again this would be determined on a case by case basis.

Sorry if it is a stupid question but if in a phone call from somebody employed by the visa precessing section who are really only contractors to the Dept of Immigration , then is that an official directive or merely one employee's opinion ? Do they actually speak for the Australian Embassy and the Australian Dept of Immigration ?

[gburns57au]

Sorry if it is a stupid question but if in a phone call from somebody employed by the visa precessing section who are really only contractors to the Dept of Immigration , then is that an official directive or merely one employee's opinion ? Do they actually speak for the Australian Embassy and the Australian Dept of Immigration ?

The person who spoke to your gf would have been an Embassy employer not a contractor....the decision would have been made higher uo and the girl would merely have been passing on the information.

[bridge]

A few furphy's been flying around here.

There is no prescribed limit on the number of tourist visas issued to an individual applicant, Immigration reserves the right to limit the amount, this is done on an individual case by case basis.

The 676 visa is for the purpose of tourism and visiting friends and families. That means visiting the Aussie boyfriend is a legitimate reason for getting the visa.

There are no restrictions on the length of time spent in Oz on a 12 month multi entry aside from each stay cannot exceed 3 months.

You dont have to get married within 12/9 months on a Partner/de facto/spouse visa. However on a Prospective spouse visa you must marry within 9 months from the date of grant.

Unless the applicant for a tourist visa has been told that they will not receive a further visa, then an application maybe lodged. If the Embassy have stated that a further tourist visa will not be issued, then a different visa should be applied for. Having said that, each case is different and applications are processed on their own merits, it is not always a cut and dried situation.

A partner visa (sublclass 309) is for applicants who are either legally married or in a de-facto relationship with an Australian citizen or permanent resident. In this context "partner" means both legally married or de-facto.

A prospective marriage visa (subclass 300) is for applicants who are engaged to be married to an Australian citizen or Australian permanent resident and have a genuine intention to marry in the future. Once this visa is granted, the applicant must (within 9 months) enter Australia prior to marrying, and then marry within the visa validity period. Failure to marry is breach of a condition of this visa, furthermore this visa cannot be extended. 

After the holder of the prospective marriage visa marrys their sponsor, they are then eligible to apply for an onshore partner visa.

Then I am getting confused between Partner/de facto/spouse visa and the Prospective Spouse visa so i must go back to the immigration visa site and have another look . But it also appears that the Visa application section in Bangkok could spread a bit of misinformation . My gf tells me that the woman who rang her to tell she has the visa also told her she should be using the spouse visa next time and we have to get married which is fine with me except i need to go thru the Thai process of getting divorced in Thailand. She also told her that if she re-applies for tourist visa then she can only do that after spending considerable time in Thailand before re-applying. She has been told this a couple of times from the Visa section. Obviously i need to confirm this from immigration here in Oz as the visa section and possibly my gf are misunderstanding the situation .

My apologies to the OP for any hijacking of his thread.

[xen]

Sorry if it is a stupid question but if in a phone call from somebody employed by the visa precessing section who are really only contractors to the Dept of Immigration , then is that an official directive or merely one employee's opinion ? Do they actually speak for the Australian Embassy and the Australian Dept of Immigration ?

The person who spoke to your gf would have been an Embassy employer not a contractor....the decision would have been made higher uo and the girl would merely have been passing on the information.

Fair enough - i will take it as the upires decision then and go with it. Thanks for your information.

[wazzi]

A few furphy's been flying around here.

There is no prescribed limit on the number of tourist visas issued to an individual applicant, Immigration reserves the right to limit the amount, this is done on an individual case by case basis.

The 676 visa is for the purpose of tourism and visiting friends and families. That means visiting the Aussie boyfriend is a legitimate reason for getting the visa.

There are no restrictions on the length of time spent in Oz on a 12 month multi entry aside from each stay cannot exceed 3 months.

You dont have to get married within 12/9 months on a Partner/de facto/spouse visa. However on a Prospective spouse visa you must marry within 9 months from the date of grant.

Unless the applicant for a tourist visa has been told that they will not receive a further visa, then an application maybe lodged. If the Embassy have stated that a further tourist visa will not be issued, then a different visa should be applied for. Having said that, each case is different and applications are processed on their own merits, it is not always a cut and dried situation.

A partner visa (sublclass 309) is for applicants who are either legally married or in a de-facto relationship with an Australian citizen or permanent resident. In this context "partner" means both legally married or de-facto.

A prospective marriage visa (subclass 300) is for applicants who are engaged to be married to an Australian citizen or Australian permanent resident and have a genuine intention to marry in the future. Once this visa is granted, the applicant must (within 9 months) enter Australia prior to marrying, and then marry within the visa validity period. Failure to marry is breach of a condition of this visa, furthermore this visa cannot be extended.

After the holder of the prospective marriage visa marrys their sponsor, they are then eligible to apply for an onshore partner visa.

Then I am getting confused between Partner/de facto/spouse visa and the Prospective Spouse visa so i must go back to the immigration visa site and have another look . But it also appears that the Visa application section in Bangkok could spread a bit of misinformation . My gf tells me that the woman who rang her to tell she has the visa also told her she should be using the spouse visa next time and we have to get married which is fine with me except i need to go thru the Thai process of getting divorced in Thailand. She also told her that if she re-applies for tourist visa then she can only do that after spending considerable time in Thailand before re-applying. She has been told this a couple of times from the Visa section. Obviously i need to confirm this from immigration here in Oz as the visa section and possibly my gf are misunderstanding the situation .

My apologies to the OP for any hijacking of his thread.

Hi Bridge, what are the recquirements for a defacto relationship with regards to the partner visa?

We are in a mutually exclusive relationship, I support her financially, I have made four trips to Thailand in the last twelve months and she has been to australia on two 3 month visas in the same twelve months, we have a joint bank account and credit cards, she is on my Australian health insurance. Is this enough to prove a genuine defacto relationship or do we both have to be in the same country continually,

Any help greatly appreciated as We will be going down the permanency path shortly and dont want to be on the wrong track

Cheers

Wazzi

[bridge]

Good question Wazzi,

De-facto requires at least 12 months of living together in the same household without any significant period of separation.

You may want to look at a prospective marriage visa (subclass 300).

[wazzi]

Thanks Bridge, thats dissapointing. Would it be better to apply for a twelve month visa next ?. I was concerned about the having to marry within 9 months ( Ex aussie wife dragging out the divorce, even though we seperated in 2002) Although with the current processing times for a prospective spouse visa we are looking at up tp 2 years to get married from date of application, so may not be a problem

[gburns57au]

From Booklet 1 from the Immigration website

To be eligible for a Partner visa as a de facto partner, you must:

• be sponsored by an eligible person (usually by your partner) (see ‘Sponsorship

eligibility’ on page 15);

• not be related by family;

• together with your de facto partner, be aged at least 18 years at the time your

application is made;

• show that you and your partner have a mutual commitment to a shared life to the

exclusion of all others;

• show that you have a genuine and continuing relationship with your partner (see

page 40);

• show that you and your partner have been in a de facto relationship for the entire

12 months immediately prior to lodging your application;

• show that you and your partner are living together or, if not, that any separation is

only temporary; and

• meet health and character requirements (see pages 20–21).

[Turboadam]

Ex aussie wife dragging out the divorce, even though we seperated in 2002

Divorce in Australia can be applied for by 1 person and cannot be defended against as long as the couple (1) have been married longer than 2 years and (2) have been separated longer than 12 months. So how can she drag her feet on that?

You simply pay the fee, lodge the application, supply the marriage certificate and wait for the court date. 1 month after it is final. Simple. Divorce is not financial separation or anything else, just the disolution of the marriage.

[tropo]

I think they decide on a case by case basis so don't be put off the worse they can do is say no.

... and keep the application fee.

[xen]

Ex Aussie wife dragging out the divorce, even though we seperated in 2002

Divorce in Australia can be applied for by 1 person and cannot be defended against as long as the couple (1) have been married longer than 2 years and (2) have been separated longer than 12 months. So how can she drag her feet on that?

You simply pay the fee, lodge the application, supply the marriage certificate and wait for the court date. 1 month after it is final. Simple. Divorce is not financial separation or anything else, just the disolution of the marriage.

That would probably apply to Wazzi and that would be great if it worked that way for me but i understand that , because i was married in Thailand that my wife and i have to front up to the office we registered the marriage in on the same day to get the diverse. I am not certain if i divorce in Oz the way you said whether Thailand would recognize that so i can re-marry . This has been the topic of a few posts in the past and they always seem to end up at this scenario of having to front up at the registry office in Thailand. Does anybody know for sure?