Delicate Question About Oz Tourist / Migration Visa

[Latindancer]

I am in Australia. My wife in Thailand is just about to apply for a Tourist Visa to come and see me here in Oz for 3 weeks. She has been here before and got her Tourist Visa (3 months) quickly and easily. She has a respectable job as a government teacher.

What I would LIKE to happen this time is this :

She applies for and receives a 12 month Tourist Visa, stating that she wants to return later this year using special leave from work.

A couple of weeks later, she applies for the Migration Visa. Then she can come here again (after finishing up with her work....she needs to give a month's notice) and we can be together until her migration Visa is finalized. I know that in order to activate her Migration Visa she will then need to leave Australia for a few days and return. However this way we can be together while her Migration Visa is processed. It's difficult to be apart for an indefinite time.

I'm wondering if they will grant her a 12 month Tourist Visa easily ? And should she state on the application the reason for requesting the 12 months ? Or just ask for 12 months, and give no reason ? Perhaps 6 months would be easier to get....her Migration Visa may well be completed by then.

I phoned the Immigration Department here and they said to state everything. But I don't like to complicate things when dealing with bureaucracy.

Edited March 3, 2012 by Latindancer

[David48]

I'm fairly sure if you apply for the 6 month single entry Visa a medical will be involved.

We, the Thai gf and I, just got a 12 month multi Tourist Visa into Australia and I catalogued the process in http://www.thaivisa....sa-application/

Sounds like one for Will27, he's got a lot of insight on these tricky ones and Mr Burns has read the Immigration website backwards.

But please keep us posted so that we can learn by your experiences.

Edit ... just a suggestion but click the 'Follow this Topic' link on the top right of the page and you can be automatically updated when someone replies to you ... saves you coming back and having to revisit the post all the time.

Edited March 3, 2012 by David48

[Latindancer]

Thanks, David. I'm following this topic as you suggested

[Will27]

Hi LD

I would apply for a 12 month stay and just say that your wife would like another visit later on during the year. I wouldn't mentioned applying for a spouse visa.

If you get really lucky, you might get the 12 month multi-entry visa without 8503 (no further stay) condition. You can then apply onshore on one of her visits.

You've mentioned that you spoke to Immigration. If you did mention lodging a spouse visa, it may have been noted on file which would then make it more than likely that 8503 will be given. If it is, then your idea of lodging a spouse visa first after the toursit visa may be the best way to go.

All the best.

Regards

Will

Edited March 5, 2012 by Will27

[gburns57au]

Hi LD

I would apply for a 12 month stay and just say that your wife would like another visit later on during the year. I wouldn't mentioned applying for a spouse visa.

If you get really lucky, you might get the 12 month multi-entry visa without 8503 (no further stay) condition. You can then apply onshore on one of her visits.

You've mentioned that you spoke to Immigration. If you did mention lodging a spouse visa, it may have been noted on file which would then make it more than likely that 8503 will be given. If it is, then your idea of lodging a spouse visa first after the toursit visa may be the best way to go.

All the best.

Regards

Will

Ditto

[Latindancer]

Ok...I'm not mentioning the Migration Visa application we'll be submitting later

And I made an anonymous enquiry here in Australia so they won't know unless they're reading this thread.

I'll let you all know what happens.......

[ThaiVisaExpress]

You can lodge both at the same time a tourist & a spouse visa application.

[Will27]

You can lodge both at the same time a tourist & a spouse visa application.

Yes but lodging both together will probably mean 8503 condition being imposed

which means the AP will not be able to lodge spouse onshore.

Regards

Will

Edited March 7, 2012 by Will27

[egdirb]

You can lodge both at the same time a tourist & a spouse visa application.

Yes but lodging both together will probably mean 8503 condition being imposed

which means the AP will not be able to lodge spouse onshore.

Regards

Will

It is wishful thinking to think that 8503 wont not be imposed in the first place. You need to look at DIAC guidelines with regards to why 8503 is imposed.

Lodging the partner and tourist visa at the same time is a great way to show that the applicants intention is to visit Australia as a genuine visitor as required by the Migration Regulations.

Edited March 8, 2012 by egdirb

[Will27]

You can lodge both at the same time a tourist & a spouse visa application.

Yes but lodging both together will probably mean 8503 condition being imposed

which means the AP will not be able to lodge spouse onshore.

Regards

Will

It is wishful thinking to think that 8503 wont not be imposed in the first place. You need to look at DIAC guidelines with regards to why 8503 is imposed.

Lodging the partner and tourist visa at the same time is a great way to show that the applicants intention is to visit Australia as a genuine visitor as required by the Migration Regulations.

Why is it wishful thinking to think that 8503 won't be imposed on a 2nd visa application?

I don't need to read the DIAC guidelines to know why 8503 is imposed.

There a plenty of occassions where 8503 is not imposed on a 2nd application.

Especially a 12 month ME.

The OP's wife has already had a tourist visa so therefore has already demonstrated

her genuineness.

IMO, lodging both applications together reduces the OP's options.

Regards

Will

[aussiebob]

My wifes first tourist visa was a 12 month M/E WITHOUT the 8503 condition

[wazzi]

And my G/F has had three visas , all with the 8503 attached, the last one applied for was a 12 mnth M/E and she only got given a three month one, So a history of previously abiding by the rules doesn't seem to matter

[Latindancer]

Well, although we requested a 6 month visa, my wife only got a 3 month visa.

When we apply for her Migration Visa, I guess we will ask what kind of visa she can come to Australia on while the Migration Visa is being processed.....if there IS such a type of visa. I phoned Immigration here in Oz and they said that a Tourist visa is indicated for this kind of thing, and that it is up to the discretion of the embassy in Bangkok. Great. Once again I'm at the mercy of condescending bureaucrats who can randomly throw a spanner into the workings of my personal life.

I'm still trying to decide which is best : to apply in Thailand or in Oz. The cost is $2000 in Thailand and $3000 in Oz, but any saving will be eaten up by her having to return for an interview.

There IS some kind of interview involved, isn't there ???

Edited April 3, 2012 by Latindancer

[David48]

Thanks for coming back and updating the thread ... it's always nice to know how things turned out.

And yes, sometimes we are dissapointed.

As for your question above, I've got no experience in there and maybe one of the others can comment?

[gburns57au]

Well, although we requested a 6 month visa, my wife only got a 3 month visa.

When we apply for her Migration Visa, I guess we will ask what kind of visa she can come to Australia on while the Migration Visa is being processed.....if there IS such a type of visa. I phoned Immigration here in Oz and they said that a Tourist visa is indicated for this kind of thing, and that it is up to the discretion of the embassy in Bangkok. Great. Once again I'm at the mercy of condescending bureaucrats who can randomly throw a spanner into the workings of my personal life.

I'm still trying to decide which is best : to apply in Thailand or in Oz. The cost is $2000 in Thailand and $3000 in Oz, but any saving will be eaten up by her having to return for an interview.

There IS some kind of interview involved, isn't there ???

If the no further stay condition is applied to her current visa then she cant apply for a spouse visa in Oz.

Yes generally an interview is conducted for the spouse visa.

[Latindancer]

Ok.....what we'd like to do is apply for a Tourist Visa so she can be here while her Migration Visa is being processed. Does anyone know if it's possible for her to have the interview here, rather than in Bangkok ? She will have applied for the Migration Visa in Bangkok, but I wonder if it's stretching the bureaucratic mindset too much to ask for someone here to conduct the interview ? Just so as she doesn't have to fly back to Bangkok for an interview ?

[Will27]

Latindancer

You have not advised if the latest visa issued to your girlfriend has 8503 "no stay" condition.

This is important to know before for any information can be provided.

Regards

Will

[Latindancer]

Oops......sorry......she did in fact have the 8503 "no stay" condition attached.

Not only that, but my wife spoke to the lady who gave her the visa, who told her that in Bangkok they never give Tourist Visas longer than 3 months. This is different from what I have heard on this forum. It doesn't sound good though. We don't want to be separated for the 10 months that it takes for the Migration Visa to be issued, and the Immigration Department here in Oz told me that a Tourist Visa is our only avenue to be together in Australia. What do they expect her to do ? Return to Thailand every 3 months, when they will then condescend (or not) to issue her with another ?? Bureaucracy like this is so insulting to people !

It belittles them and throws a spanner into the workings of their (often already difficult) personal lives in a seemingly random and petty manner.

Edited April 7, 2012 by Latindancer

[Will27]

Oops......sorry......she did in fact have the 8503 "no stay" condition attached.

Not only that, but my wife spoke to the lady who gave her the visa, who told her that in Bangkok they never give Tourist Visas longer than 3 months. This is different from what I have heard on this forum. It doesn't sound good though. We don't want to be separated for the 10 months that it takes for the Migration Visa to be issued, and the Immigration Department here in Oz told me that a Tourist Visa is our only avenue to be together in Australia. What do they expect her to do ? Return to Thailand every 3 months, when they will then condescend (or not) to issue her with another ?? Bureaucracy like this is so insulting to people !

It belittles them and throws a spanner into the workings of their (often already difficult) personal lives in a seemingly random and petty manner.

Well, seeing that "8503" has been imposed, your options are pretty limited.

If it had not been, you could've lodged onshore and then applied for a bridging visa B.

As advised by GB, you cannot apply onshore. All I can suggest is that you lodge offshore and apply

for another tourist visa at the same time. You can request that DIAC interview in Australia but I doubt

that will be granted seeing as the actual case officer who will be assessing the visa will be in Bkk.

I can think of no other options for you I'm sorry to say.

Perhaps someone else can.

Regards

Will

[Old Croc]

Oops......sorry......she did in fact have the 8503 "no stay" condition attached.

Not only that, but my wife spoke to the lady who gave her the visa, who told her that in Bangkok they never give Tourist Visas longer than 3 months. This is different from what I have heard on this forum. It doesn't sound good though. We don't want to be separated for the 10 months that it takes for the Migration Visa to be issued, and the Immigration Department here in Oz told me that a Tourist Visa is our only avenue to be together in Australia. What do they expect her to do ? Return to Thailand every 3 months, when they will then condescend (or not) to issue her with another ?? Bureaucracy like this is so insulting to people !

It belittles them and throws a spanner into the workings of their (often already difficult) personal lives in a seemingly random and petty manner.

As a former "bureaucrat" of the ilk you have derided in several posts here I would like to advise you of a few facts.

Australia has a controlled migration program for very good reasons. I'm sure you, as a citizen, appreciates it. (Unless you are one of those people who think all countries should be wide open with no controls over who enters or stays.) Yes, I know Thailand is pretty well open to anyone who rocks up to a border - but think about it!

Australia's migration program is formulated annually to allow an optimal number of people in various catagories to live permanently in the country (even the liars who pretend to enter as tourists when they actually plan to apply to stay). Many factors are taken into account when these figures are calculated . Proper control of the economy and population growth are paramount.

A tourist visa is granted for the purpose of tourism (!), or to visit close relatives. It is not a short cut way to get in to apply for residence from within. (Although it is possible to do this, Ministers have tried to close this loophole, but succumbed to pressure from interest groups). This abuse of the tourist visa system is the reason many are rejected or given the 8503 condition. Thailand is ranked as "high risk" because of the large numbers (proportionally) who do the wrong thing. (People like you!)

Thailand is a huge source for victims of sexual slavery and (unfortunately) Australia is a common destination for these ladies. It's not always easy to tell which ladies are being ferried into Australia for the wrong reasons and who are genuine partners of citizens.

The correct way for a girlfriend/wife to enterAustralia permanently is to apply at their local Embassy for migration, as millions have done before. Yes, there is a waiting period, quite long at some Posts, because of the sheer number of applications, and the need to do checks and interviews. Suck it up, or reorganise your life to stay together, don't whine about the system that doesn't give you singular treatment. I, and several others who have posted replies above, have had to jump through the same hoops without whining about it all over the internet.

I have strong feelings about Australia's strict entry laws because I spent a number of years finding, arresting, being attacked by, prosecuting and booting out some of the nastiest <deleted> on the planet.

[KamnanT]

Oops......sorry......she did in fact have the 8503 "no stay" condition attached.

Not only that, but my wife spoke to the lady who gave her the visa, who told her that in Bangkok they never give Tourist Visas longer than 3 months. This is different from what I have heard on this forum. It doesn't sound good though. We don't want to be separated for the 10 months that it takes for the Migration Visa to be issued, and the Immigration Department here in Oz told me that a Tourist Visa is our only avenue to be together in Australia. What do they expect her to do ? Return to Thailand every 3 months, when they will then condescend (or not) to issue her with another ?? Bureaucracy like this is so insulting to people !

It belittles them and throws a spanner into the workings of their (often already difficult) personal lives in a seemingly random and petty manner.

Old Croc has it right. The immigration system is designed to facilitate migration that is beneficial to Australia. No one's saying this isn't true in the case of your wife, but the system is set up to determine her suitability as a migrant before she takes up residence in Australia. Yes, there remain avenues whereby people already in Australia can change status without departing the country but this is intended to be the rare exception rather than the normal course of events. And yes, processing times for migrant visas have gotten longer but 10 months is still not that long (try getting permission for the wife of a U.S. citizen to migrate permanently to the U.S.). If you believe additional staffing is required at the Bangkok Embassy to speed up applications, then write to your MP and complain. But as the aim for more than a decade has been to make the Australian immigration system self-funding, don't be surprised if the cost of your wife's application goes from $2,000 to $4,000 in order to pay for the additional staff.

[Latindancer]

I met another Aussie guy recently who said his wife got a 12-month tourist visa for Australia. From what I've heard, it seems to be a rare but not unheard of phenomenon. I often wonder what kind of logic the visa-issuing officers use.....my wife got a 3-month visa with the "no extension of stay" condition attached to it.

[simple1]

As Old Croc has stated there are reasons for the sometimes lengthy process for granting a PR visa. I have found over the years that so long as you and your partner are polite and curteous with the Embassy staff in BKK, plus have all the requested documentation, they will actually take into account your personal situation and endeavour to assist. By way of example my Thai wife & I were living in Oz & her son was in Thailand. Long story, however son's PR visa was granted within three weeks of lodging the application in BKK. Yes we travelled to BKK to personally lodge the application and met with responsible embassy staff

[gburns57au]

I met another Aussie guy recently who said his wife got a 12-month tourist visa for Australia. From what I've heard, it seems to be a rare but not unheard of phenomenon. I often wonder what kind of logic the visa-issuing officers use.....my wife got a 3-month visa with the "no extension of stay" condition attached to it.

More than likely he was talking about a 12 month multi entry which are not as rare as a 12 month single entry.

[edwinclapham]

I met another Aussie guy recently who said his wife got a 12-month tourist visa for Australia. From what I've heard, it seems to be a rare but not unheard of phenomenon. I often wonder what kind of logic the visa-issuing officers use.....my wife got a 3-month visa with the "no extension of stay" condition attached to it.

I had a variety of visas to enter Australia . As a Pom I had to go through the hoops to obtain a 12 month visa which had "no further stay" conditions imposed upon it.

On my final 3 month visa, I lodged a de facto visa on shore, I was fortunate I was granted full work rights whilst waiting for the visa which took 3 months to come through, but nowadays this may only be applied in case of hardship and 12 months to come through (on shore).

NB. Although I was fortunate in being able to lodge on shore, a visitor's visa is not the accepted form of applying for on shore visas.