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Posted

Hi members, as a newbie here, I thought to write my first post in the attempt to try and gain some further clarity. To make a long story short, on our third attempt, my Thai GF was granted an Australian 3 month 676 tourist visa today with the 8503 no further stay clause. What I found strange was that the embassy asked her to attend an interview in person today so I flew her to BKK from Phuket. Before they granted her the VISA, she was asked to promise that she would return after one month as this is the time in which we requested on our application, as being the term of leave she was granted from her employer.

My concern is that if she stays for the full three months and "breaks her promise", will this affect future applications? When I say future applications, I am really referring to a marriage (intent to marry) application, but I'm not sure what it's actually called. I don't want to jeapordise our future, but I want to maximise the full 3 months we have been granted given the sheer amount of time, resources and expense that we have had to dedicate to this arduouse and ambiguous process. But moreso because we simply want to be together. Any light on this subject would be most appreciated.

Regards

DB

Posted

If I got it right, in the application you asked for one month

that she would return after one month as this is the time in which we requested on our application

Why you didn't apply for a 3 months in the first place?

And will her employer give her 3 months leave without laying her off?

If they keep any sort of records as of what they asked and what she promiced, I'm pretty sure it can affect the future applications if she breakes the promice.

Posted

Why aren't you asking your embassy? Just call them up and ask them if, now that you have 90 days, you can change your travel plans to utilise them effectively.

Posted

Why aren't you asking your embassy? Just call them up and ask them if, now that you have 90 days, you can change your travel plans to utilise them effectively.

Now there's a good idea. What are you doing on this forum?

Posted

Without knowing all of the details, it seems to me that your girlfriend requested a one month visa, and she has one month's holiday from her job. She has also made a statement to the Australian government that she wil not stay more than one month. Probably, you also sponsored her, as an Australian citizen, and stated that she will have a one month holiday. If you now say that she is going to stay for the full 3 months, what exactly do you expect the Australian government to think ? The visa officer was fully aware that your girlfriend would probably never be granted 3 month's leave from her job ( or at least that it is highly unlikely ). If she doesn't return to her job after one month, then she probably doesn't have any job to return to. Visa officers are fully aware of what applicants often provide in the way of documentation for visas. Had your girlfriend applied for a 3 month visa, and provided a leave letter for 3 months, it would probably have been dismissed as fiction. In fact, some Embassies ( the Norwegian Embassy is an example ) actually say that if you produce a leave letter for 3 months they will not even consider it as being genuine.

So, you and your girlfrien have put yourselves in the position of making statements to the Australian government, and backed it up with documentation. From the way you word your post, it looks like you both intend for her to stay 3 months, rather than the one month she applied for ? What about her job ? That will not be waiting for her return, I suspect. Regarding how this might affect future applications, I think it will ceratinly affect any future applications for visit visas. Statements from you or your girlfriend will no longer be accepted as necessarily truthful. I cannot comment on how the Australian government would view it in a marriage visa application. The UK government would not necessarily use it adversely in a marriage application. That is, an application would not necessarily be refused because she has " broken a promise " as you put it.

Posted (edited)

This is a three-alarm job.

Alarm #1: It was her THIRD visa attempt.

Alarm #2: She had a SECONDARY INTERVIEW where she made a face-to-face promise not to stay more than 1 month.

Alarm #3: Despite the first 2 alarms, the OP is seriously considering making his GF flaunt this promise anyway.

The Aussie government isn't going to cut you any slack because you consider the "sheer amount of time, resources and expense that we have had to dedicate to this arduouse and ambiguous process" as excessive.

By the OP's own admission "I am really referring to a marriage (intent to marry) application, but I'm not sure what it's actually called." How serious is he on this marriage intent if he can't define the procedure he claims he doesn't want to jeopardize. Sounds more like he can't stand the idea of only 1 month of nooky downunder versus some perceived, government sanctioned entitlement to 3 months of same.

Edited by NanLaew
Posted

You can phone the Aussie visa office at Thai CC House every Thursday 2.00pm to 4.00pm and ask them, they are very helpful and take time to help. the number is on the Australian immigration site,, all very easy and you get the correct answer,, I am going there tomorrow and will ask the question and post on this thread tomorrow afternoon.

Posted

You can phone the Aussie visa office at Thai CC House every Thursday 2.00pm to 4.00pm and ask them, they are very helpful and take time to help. the number is on the Australian immigration site,, all very easy and you get the correct answer,, I am going there tomorrow and will ask the question and post on this thread tomorrow afternoon.

Jai dee.

Posted (edited)

Well DB

VisasPlus & NanLaew have made some good points

for you.

I take it there has been 2 refusals already? If so, there

is no wonder DIAC have major concerns about your

girlfriend or the relationship. That would also take into

account the 2nd interview.

You mention an "ardous and ambigious process".

I think it's pretty straight forward but if you think

that's bad, wait until you have to apply for a spouse

visa.

So to answer your questions. Your girlfriend has

a 3 month visa so can stay for 3 months. If, as you

have alluded to, the next visa application will be

for a spouse visa, then it will have no impact at all.

If however, you intend to apply for another visitor visa,

it will have implications and IMO, she would not receive

another one.

If she stays for 3 months, she won't have done anything

"legally" wrong, but as there already "concerns" about her,

I doubt she would be issued another visitor visa.

Hope this helps.

Regards

Will

Edited by Will27
Posted

Why aren't you asking your embassy? Just call them up and ask them if, now that you have 90 days, you can change your travel plans to utilise them effectively.

The embassy is no help, I assume you mean DIAC?

OP has stated his girlfriend has a 3 month visa so she

can stay for 3 months.

Regards

Will

Posted

You can phone the Aussie visa office at Thai CC House every Thursday 2.00pm to 4.00pm and ask them, they are very helpful and take time to help. the number is on the Australian immigration site,, all very easy and you get the correct answer,, I am going there tomorrow and will ask the question and post on this thread tomorrow afternoon.

The OP is aware that girlfriend can stay for 3 months.

He wants to know if she does, will it affect any future

applications.

DIAC cannot advise you anything on his case and as

each case is specific, they can only give "general" information

such as "you can stay for as long as the visa allows".

Regards

Will

Posted

I just want to thank everyone, or at least those who offered some meaningful advice and suggestions. Just to clarify, we did check the 3 month visa option as there is no option for one month. Her employer allowed leave of one month so this is what the embassy have indicated. I am aware that legally, she can stay 3 months but as I originally posted, I am just concerned it will affect future applications. I am now aware that it will almost affect future tourist visa applications but not necessarily a marriage application.

What I don't understand is that even if she did stay the full three months, what's the big deal? People change their travel plans all the time. I know I have often stayed longer in some countries than I originally planned for. And what if she decided to quit her job? She is intelligent, she is degree qualified and quite capable of easily finding a new job when she returns. She isn't overly satisfied in her current role anyway. So it's not as though you are lying, it's just that if she is having a great time on her holiday, maybe she may want to stay longer. In the end it's her decision and I wouldn't try to convince her one way or another.

Again, thanks to everyone who offered some meaningful contributions. If anyone need advice on paperwork, etc, feel free to PM me.

For the record, we were rejected the first time because we applied after only three months of knowing eachother. (Very naive, and didn't do our homework)

The second time, we made one small mistake regarding her account balance in her bank book. It showed a very low amount but she actually had more in it, but didn't have it updated at her bank prior to sending it. Even the agent we used didn't bring this point to our attention. Third time, I put 30k in my account and 60kBHT in hers and that did the trick. I was under the impression that she didn't really need much in here account anyway as I was providing the financial support. I just wish the embassy made things a little more transparent. Obviously if they were, forums like this wouldn't exist.

Posted

Sounds more like he can't stand the idea of only 1 month of nooky downunder versus some perceived, government sanctioned entitlement to 3 months of same.

You are a tool. But I'm sure you are already aware of that.

Posted

Why aren't you asking your embassy? Just call them up and ask them if, now that you have 90 days, you can change your travel plans to utilise them effectively.

Now there's a good idea. What are you doing on this forum?

I am seeking advice, but prefer none from facetious drones.

Posted

I cannot see what the fuss is. The government had a concern she would not return. She obviously showed she would. I really fail to see why one month or three would make a difference. If I was the OP I would make further enquiries at the department in Australia as to whether there would be any conseqwuences to her not staying for the period the visa is valid. If they say there is no problem (which I am sure they will have to) document this.

Posted (edited)

I think you are wrong when you say that "they" would have to agree that there is no problem. The visa was issued on the understanding that a one month visit was intended. Documentation was produced to confirm that a one month visit was intended. The applicant was made to give a verbal ( maybe written) promise that no more than one month was intended. Now you want the Australian Embassy/ DIAC or whoeveer to say that none of that mattered ? It is possible, if DIAC work along the same lines as the UK Border Agency, that they will say, "thank you for informing us that a one month visit is not what you actually intended, even though that is the basis of the issue of the visa. So, we are now cancelling the visa. If you want to stay 3 months, then apply again". As a former visa officer for the UK, that is exactly what I would do.

I cannot see what the fuss is. The government had a concern she would not return. She obviously showed she would. I really fail to see why one month or three would make a difference. If I was the OP I would make further enquiries at the department in Australia as to whether there would be any conseqwuences to her not staying for the period the visa is valid. If they say there is no problem (which I am sure they will have to) document this.

Edited by VisasPlus
Posted

I cannot see what the fuss is. The government had a concern she would not return. She obviously showed she would. I really fail to see why one month or three would make a difference. If I was the OP I would make further enquiries at the department in Australia as to whether there would be any conseqwuences to her not staying for the period the visa is valid. If they say there is no problem (which I am sure they will have to) document this.

This is what I am thinking. As I've mentioned earlier, our intention was for her to visit only for one month but there is no one month option on the application, so you have no choice but to opt for the three month option. So legally you can stay for the entire three months, but if you do after stating you were given a month's leave from work, it deems you to be a liar or dishonest if you stay longer. What happens if she quits her job or gets approval from her employer to stay the entire three months? I just don't see what all the fuss is about either. It's almost as though all applicants are deemed to be liars until they prove otherwise. I'm sure the embassy does get a large volume of non genuine applications but it's frustrating for genuine people like us.

Posted

I think you are wrong when you say that "they" would have to agree that there is no problem. The visa was issued on the understanding that a one month visit was intended. Documentation was produced to confirm that a one month visit was intended. The applicant was made to give a verbal ( maybe written) promise that no more than one month was intended. Now you want the Australian Embassy/ DIAC or whoeveer to say that none of that mattered ? It is possible, if DIAC work along the same lines as the UK Border Agency, that they will say, "thank you for informing us that a one month visit is not what you actually intended, even though that is the basis of the issue of the visa. So, we are now cancelling the visa. If you want to stay 3 months, then apply again". As a former visa officer for the UK, that is exactly what I would do.

I cannot see what the fuss is. The government had a concern she would not return. She obviously showed she would. I really fail to see why one month or three would make a difference. If I was the OP I would make further enquiries at the department in Australia as to whether there would be any conseqwuences to her not staying for the period the visa is valid. If they say there is no problem (which I am sure they will have to) document this.

A one month visa option does not exist. We requested a three month visa and that's what we got. Surely if they issue a three month visa that most would be tempted to stay the entire three months if they can. And legally they can but allegedly it deems you to be dishonest. I mean as long as she returns after the three month expires, surely that should satisfy the embassy. Anyway, I'll ensure she returns after one month anyway because I don't want to put any future applications at risk.

Posted (edited)

With respect, your first post said you are a "newbie" seeking clarity. Your later posts say that you came to seek advice. You have been given both clarity and advice, but you choose not to accept what you are being told. It is ,of course, up to you to accept advice or not. So, I'm sure you will be fine. Good luck.

I think you are wrong when you say that "they" would have to agree that there is no problem. The visa was issued on the understanding that a one month visit was intended. Documentation was produced to confirm that a one month visit was intended. The applicant was made to give a verbal ( maybe written) promise that no more than one month was intended. Now you want the Australian Embassy/ DIAC or whoeveer to say that none of that mattered ? It is possible, if DIAC work along the same lines as the UK Border Agency, that they will say, "thank you for informing us that a one month visit is not what you actually intended, even though that is the basis of the issue of the visa. So, we are now cancelling the visa. If you want to stay 3 months, then apply again". As a former visa officer for the UK, that is exactly what I would do.

I cannot see what the fuss is. The government had a concern she would not return. She obviously showed she would. I really fail to see why one month or three would make a difference. If I was the OP I would make further enquiries at the department in Australia as to whether there would be any conseqwuences to her not staying for the period the visa is valid. If they say there is no problem (which I am sure they will have to) document this.

A one month visa option does not exist. We requested a three month visa and that's what we got. Surely if they issue a three month visa that most would be tempted to stay the entire three months if they can. And legally they can but allegedly it deems you to be dishonest. I mean as long as she returns after the three month expires, surely that should satisfy the embassy. Anyway, I'll ensure she returns after one month anyway because I don't want to put any future applications at risk.

Edited by VisasPlus
Posted

Visa officers are fully aware of what applicants often provide in the way of documentation for visas. Had your girlfriend applied for a 3 month visa, and provided a leave letter for 3 months, it would probably have been dismissed as fiction.

Actually to be honest, they are not. Visa officers, as with most civil servant types have very little grasp of what actually happens in the real world. While it's true that you could not take 3 months leave for many jobs, there are many many jobs and companies where you could.

Posted

Visa officers are fully aware of what applicants often provide in the way of documentation for visas. Had your girlfriend applied for a 3 month visa, and provided a leave letter for 3 months, it would probably have been dismissed as fiction.

Actually to be honest, they are not. Visa officers, as with most civil servant types have very little grasp of what actually happens in the real world. While it's true that you could not take 3 months leave for many jobs, there are many many jobs and companies where you could.

Not in Thailand there aren't, and I know of very few in the UK. When my wife, who lives in the UK, wanted three months leave so she could visit Thailand for family reasons she was told it was not possible and she would have to resign. When she asked if they would reemploy her on her return she was told that 'it depends.' They didn't.

As he stated earlier, VisaPlus used to be a visa officer, albeit for the UK not Australia, and were I he I would find your remarks insulting.

Deanobambino, I know very little of Australian visa regulations etc. but your girlfriend made a definite statement to the Australian authorities, and it appears that she now intends to go back on that statement, if she ever did intend to stay for just one month in the first place! Having appeared to have lied to them once, why should they believe what she says to them next time?

Posted (edited)
Not in Thailand there aren't,

Yes there are. This is just the type of attitude which is a problem! Just because you don't know of any, it doesn't mean there are lots of people who can, or at least work part time away from the office. If a visa officer thinks that anything outside their idea of "normal", must somehow be wrong or fabricated, then it is a problem!

Oh and if I was told by a visa officer (who knows nothing about you) that my leave notice was not legit, when everything was, I would be insulted....

Edited by madjbs
Posted

For the record, we were rejected the first time because we applied after only three months of knowing eachother. (Very naive, and didn't do our homework)

The second time, we made one small mistake regarding her account balance in her bank book. It showed a very low amount but she actually had more in it, but didn't have it updated at her bank prior to sending it. Even the agent we used didn't bring this point to our attention. Third time, I put 30k in my account and 60kBHT in hers and that did the trick. I was under the impression that she didn't really need much in here account anyway as I was providing the financial support. I just wish the embassy made things a little more transparent. Obviously if they were, forums like this wouldn't exist.

DB, I suggest that the application got approved because you have known each other longer than

the original 3 months you have stated.

I doubt the 30k you put in her account had any weight at all

placed on it. Sometimes this can actually be a disadvantage

if DIAC see a lump sum just deposited.

As you have said, as long as you can provide you're financially able to pay for the holiday, that's

all that matters.

You've also said you used an agent. Have you spoken to them about this?

Regards

Will

Posted (edited)

I cannot see what the fuss is. The government had a concern she would not return. She obviously showed she would. I really fail to see why one month or three would make a difference. If I was the OP I would make further enquiries at the department in Australia as to whether there would be any conseqwuences to her not staying for the period the visa is valid. If they say there is no problem (which I am sure they will have to) document this.

This is what I am thinking. As I've mentioned earlier, our intention was for her to visit only for one month but there is no one month option on the application, so you have no choice but to opt for the three month option. So legally you can stay for the entire three months, but if you do after stating you were given a month's leave from work, it deems you to be a liar or dishonest if you stay longer. What happens if she quits her job or gets approval from her employer to stay the entire three months? I just don't see what all the fuss is about either. It's almost as though all applicants are deemed to be liars until they prove otherwise. I'm sure the embassy does get a large volume of non genuine applications but it's frustrating for genuine people like us.

DB

With all due respect, you, Harry and some others seem to be missing the point.

DIAC granted the visa with the information that was provided to them,

ie a 1 month stay. Now if you applied for a 3 month visa, that might

have been rejected.

DIAC can still grant a visa and have concerns, which is what seems

to be the case as she was called in for a second interview.

And it seems their concerns are quite valid.

Just enjoy the month and and look forward to the next one.

Regards

Will

Edited by Will27
Posted

Speaking as a tool, the OP just does not get it. So the first two rejections were for "typo's"... they are still rejections. The notion that your "intelligent" and "degree qualified" girlfriend can quit because SHE reckons she can easily get another job in HER homeland means absolutely bugger all to Australian Immigration. This isn't a case of a Bangkok girl quitting while she is somewhere else in Thailand. She is a guest in another country and the actions and motives need to be viewed a bit differently. Your first rejection was a big red flag since you honestly hardly knew each other and even the visa people saw that. Has that really changed? The second rejection was due to insufficient funds. Let's ignore the fact that it was a genuine typo and focus on the fact that your girlfriend, for all her intelligence and qualifications, didn%

Posted

Speaking as a tool, the OP just does not get it. So the first two rejections were for "typo's"... Listen up! They are still rejections. The notion that your "intelligent" and "degree qualified" girlfriend can quit because SHE reckons she can easily get another job here in HER homeland means absolutely bugger all to Australian Immigration. This isn't a case of a Bangkok girl quitting while she is goofing off on a beach in Samui. She is a guest in another country and her actions and motives will be viewed differently.

Your first rejection was a big red flag since you honestly hardly knew each other (even the visa people saw that). Has that really changed? The second rejection was due to insufficient funds. Let's ignore the fact that it was a genuine typo and focus on the fact that your girlfriend, for all her intelligence and qualifications, didn't (still doesn't?) have a lot of money.

It's almost as though all applicants are deemed to be liars until they prove otherwise. I'm sure the embassy does get a large volume of non genuine applications but it's frustrating for genuine people like us.

LOL. Not liars per se but they do need to prove their honesty. The OP's girlfriend applied for a 3-month visa but when given the unusual secondary interview, she verbally agreed to stay for no more than one month. Then she decides to either quit her job, stay the full three months or both. Now, what were you saying about non genuine applications?

The fact that the Aussie's don't specifically have a 1-month visa and the visa granted does have a 3-month validity is neither here nor there. The fact that she needed to attend a secondary interview and give verbal assurances that she would not stay longer than one month which is what her employers letter stated, means that the ENTITLEMENT to the full 3-months does not apply to her any more.

So, she has a whale of a time and decides to quit and stay the full whack. There's one former employer who I am sure will be happy to give her a glowing reference when she comes back and hits the pavement looking for a new job. However, they may have lost a bit of credibility when it comes to providing letters to support other employees visa applications but I am sure the OP and his girlfriend won't lose any sleep over that. Especially her when the OP can happily bung some cash into her bank account.

Tool?

Posted

She has a 3 month visa, she is entitled to stay for 3 months. There is no mention of a written promise to stay 1 month given by her, a verbal means nothing and can not be enforced.

End of story

Posted

She has a 3 month visa, she is entitled to stay for 3 months. There is no mention of a written promise to stay 1 month given by her, a verbal means nothing and can not be enforced.

End of story

Yes GB

This has been told to the OP several times.

He is aware that she can stay for the 3 months

but is concerned about it jeopardizing future

visitor visa applications which IMO it will.

Regards

Will

Posted

Why aren't you asking your embassy? Just call them up and ask them if, now that you have 90 days, you can change your travel plans to utilise them effectively.

Now there's a good idea. What are you doing on this forum?

I am seeking advice, but prefer none from facetious drones.

Andrew, thanks for your PM. I thought you were directing this post to me and thought it to be a bit unfair but thanks for clearing it up. Cheers. All the best.

Posted (edited)

Speaking as a tool, the OP just does not get it. So the first two rejections were for "typo's"... Listen up! They are still rejections. The notion that your "intelligent" and "degree qualified" girlfriend can quit because SHE reckons she can easily get another job here in HER homeland means absolutely bugger all to Australian Immigration. This isn't a case of a Bangkok girl quitting while she is goofing off on a beach in Samui. She is a guest in another country and her actions and motives will be viewed differently.

Your first rejection was a big red flag since you honestly hardly knew each other (even the visa people saw that). Has that really changed? The second rejection was due to insufficient funds. Let's ignore the fact that it was a genuine typo and focus on the fact that your girlfriend, for all her intelligence and qualifications, didn't (still doesn't?) have a lot of money.

It's almost as though all applicants are deemed to be liars until they prove otherwise. I'm sure the embassy does get a large volume of non genuine applications but it's frustrating for genuine people like us.

LOL. Not liars per se but they do need to prove their honesty. The OP's girlfriend applied for a 3-month visa but when given the unusual secondary interview, she verbally agreed to stay for no more than one month. Then she decides to either quit her job, stay the full three months or both. Now, what were you saying about non genuine applications?

The fact that the Aussie's don't specifically have a 1-month visa and the visa granted does have a 3-month validity is neither here nor there. The fact that she needed to attend a secondary interview and give verbal assurances that she would not stay longer than one month which is what her employers letter stated, means that the ENTITLEMENT to the full 3-months does not apply to her any more.

So, she has a whale of a time and decides to quit and stay the full whack. There's one former employer who I am sure will be happy to give her a glowing reference when she comes back and hits the pavement looking for a new job. However, they may have lost a bit of credibility when it comes to providing letters to support other employees visa applications but I am sure the OP and his girlfriend won't lose any sleep over that. Especially her when the OP can happily bung some cash into her bank account.

Tool?

Listen, from your last comment, it's very difficult to view you as being credible in any way, but I will respond all the same. For the record, my GF's mother died several years ago of cancer. My GF spent over 1M BHT to pay for her hospital stay and treatment. She knew her mother didn't have alot of hope but she spent her money anyway. So her not having alot of money is irrelevant given I am offering financial sponsorship. She works 12 hour days 6 days per week and on the money she gets, she can pay all her expenses but has little left over to save. Many Thai people are in the same position so please don't be critical on people for not having alot of money.

As for her employer, they value her so much that even if she took off 12 months, they would still giver her a job when she returns. I think it is you who doesn't get it because like I have said in previous posts, people's circumstances change all the time. The whole idea of the tourist visa relates to a genuine intent to visit a country for holiday purposes, OR to visit family or friends. So, it is evident given she got a visa, that she/we proved that she is genuine in her intent. And she is. If she chooses to quit her job to stay the full term, then that's her decision. She's an adult. And if she does quit her job, it should have nothing to do with the embassy. Unless they're getting into the employment business. This is not about lying, it's simply about changing your mind. People change their minds all the time. It's when it impacts future applications, then this is what I believe is unfair, and this is what I am seeking clarification on.

Edited by deanobambino
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