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Posted

Hello,

I am new to this forum but was recommended by an Aussie friend who received assistance from this website. She was lucky enough to have her Thai husband's tourist visa approved.

I would like to travel to Australia for Christmas with my Filipino boyfriend. We are scared of being rejected for two reasons:

- multiple border runs in passport (for 11 mths)

- not legally divorced from his ex-wife

Does anybody have experience or knowledge about these issues in regards to applying for a tourist visa for Australia?

Please help if you can :o

Posted (edited)

I can't answer from an official point of view, but I don't see any problem with the two matters you are concerned about.

As your b/f is not an Australian citizen, (and I'm assuming that you are not also) you would be applying for an tourist visa as an un-sponsored applicant. There is therefore a need for each of you to prove that you have the financial means to be able to support yourselves for the duration of your stay and that you both will be leaving Australia upon the completion of the visas.

If either of you is dependent upon the other for financial support, then the person controlling the finances would need to provide the Embassy with these proofs.

Edited by Mighty Mouse
Posted

Hi Mighty Mouse,

Thanks for your reply. That's good that you don't think those two things will be a problem. My boyfriend is Filipino. I am Australian. I am supporting my bf and have supporting documentation to show that I (and my family) will be helping him with accomodation and financially. We have a joint bank account with (my) funds in it so it appears as if he has some money. :o

I am going to tick that he is 'de facto' (with me) and not 'separated' (from his ex) on the application. What do you think about this? :D

Posted

As you are only after a Tourist Visa, I can't see any need to go into too much personal detail regarding your living arrangements, unless of course you wish to pursue the relationship towards a subsequent Australian Spouse Visa application some time down the track.

Having said that, I can't see any harm being caused by you disclosing the 'de-facto' information to the Embassy either. :D

You both have a joint bank account and this fact alone is strong evidence of a genuine relationship, a key required proof for a Spouse Visa application.

Stat. Decs. from your family re the offer financial support should add strength to the application.

It's none of my business but I suggest that your b/f finalises the divorce from his ex a.s.a.p. Not doing so could lead to all sorts of complications. :o

For the Tourist Visa he will need to supply a valid reason to return to Thailand/Philippines at the completion of the visa.

Good luck.

Posted
I am going to tick that he is 'de facto' (with me) and not 'separated' (from his ex) on the application. What do you think about this? :o

I would not declare him as a de facto....This could lead to misunderstandings....especially as he is not divorced.

There is no relationship requirement for a tourist visa other than showing that you have genuinely known the person for a reasonable period of time. If you are sponsoring him then you will need to show that your income or your savings are enough to support him, the family support will help as MM has said.

Posted

I'm a bit confused now. :o Do you think it's better to be brutally honest or tell some white lies and hope for the best? I'm tempted to tick 'separated' and 'de facto' with a little explanation on the side.

Thanks for your advice guys. I know ultimately I have to decide...... :D

p.s. what happens if your visa is refused? Does it make it harder to apply in the future? Do you have to wait a certain time before you can apply again? We do want to apply for a partner visa or possibly a skilled migrant visa in the future.

Posted

First, let me state that I am not a lawyer and anything I write here is purely from my personal point of view.

I don't believe that the Aust. Immigration Dept. care two hoots whether or not you are living with a married person. There is no law against it.

Likewise, it could be argued that they would be discriminating against the both of you if they refused a Tourist Visa application purely on the grounds of your living arrangements.

If you were both living in Australia under your current circumstances, you could come under the jurisdiction of the Australian Family Law Court, and this is where complication can arise....depending of course, on any actions initiated by your partner's wife.

To the best of my knowledge, the Embassy don't conduct any Thai (or Philippines) government searches in order to verify the marriage/defacto status of Tourist Visa applicants.

If you were applying for a Spouse Visa, this situation would be different.

If you tick "separated" you still are correct. A persons life doesn't come to a stand still just because they are waiting to finalise divorce procedures. Your partner is entitled to live with whomever he chooses. He may be responsible for providing support for his estranged family, but this has nothing to do with the Embassy. (unless of course, there were warrants or court orders in existence relating to his marriage.)

A written explanation will be given by the Embassy should they refuse any visa application but I suggest that you don't think along those lines. Refusals for tourist visas are extremely rare.

Posted (edited)

As it is just the tourist visa you are applying for, you dont need to declare your relationship...however you need to declare his marital status....

Just tick "separated" for the tourist visa

If in the future you plan on applying for a spouse visa then you will need to declare a relationship and prove it is ongoing...If you dont intend on marrying at that time you can declare the de facto relationship and apply on the grounds of the de facto relationship as long as you meet the criteria for that visa.

Refusal means that your next application will need to address the areas in which you were refused and will need to be a stronger application. No time limit on reapplying but obviously you would need to spend some time to ensure that the next one has a better chance of success.

Edited by gburns57au
  • 2 weeks later...
Posted

Hello :o

Just letting you know that my boyfriend's tourist visa was granted on 21 November :D He was granted 3 months, single entry.

Thank you for your advice everyone, we were both really anxious and scared of rejection.

Posted

Well done and good luck to both of you. :o

This is another single entry tourist visa. I'm wondering if the word on the streets is correct...multiple entry tourist visas are a thing of the past.

Posted

Well done indeed

It seems to me that the single entry visa is being issued depending on circumstance....eg first application etc...

12 month multi entry visas are still being issued.

Posted

My Aussie friend and her Thai husband were issued a multiple entry tourist visa in September this year. It was his first tourist visa. It was for 12 months too, I think. They are going to Oz in May (again) and will apply for a partner visa there. Lucky ducks.

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