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Tolley

One Year Oz Tourist Visa

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My girlfriend is on a one year tourist visa with the first entry date of the visa Jan 2010.

She has just gone back to Thailand after the second three month visa.

She has to stay back for an extended period this time as i am busy travelling around Australia for the next few months.

My question, is there an expiry period on the usage of the four three month visas? Or when is the latest date that she can use any of these visas?

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Tolley,

She doesn't have four x three months visas. She has a 12 month multiple entry visa. 12 months from date for first entry.

How long will she be back in Thailand for?

Bridge

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She has 1 year from the first entry date.

That means that if her first entry date is 10 Jan 2010.....her final entry date will be 10 Jan 2011

She can stay for a max of 3 months per visit...and if she enters the day before the final entry date then she can stay for 3 months....this effectively allows for 15 moths of stay in Oz. So if she enters on the 9th of Jan 2011, she can stay until the 9th April 2011.

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She has 1 year from the first entry date.

That means that if her first entry date is 10 Jan 2010.....her final entry date will be 10 Jan 2011

She can stay for a max of 3 months per visit...and if she enters the day before the final entry date then she can stay for 3 months....this effectively allows for 15 moths of stay in Oz. So if she enters on the 9th of Jan 2011, she can stay until the 9th April 2011.

Sorry I have to disagree with you GB. If she has been granted a 12 month multiple entry tourist visa, she must leave Australia on or before the date that her visa expires, that is, 12 months from date of first entry into Australia. Doing a "visa run" before her visa expires doesn't get her a further three months stay unfortunately.

Whether she can apply for another substantive visa whilst in Australia will be defendant upon whether she has Condition 8503 attached to her current visa/

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Sorry I have to disagree with you GB. If she has been granted a 12 month multiple entry tourist visa, she must leave Australia on or before the date that her visa expires, that is, 12 months from date of first entry into Australia. Doing a "visa run" before her visa expires doesn't get her a further three months stay unfortunately.

Whether she can apply for another substantive visa whilst in Australia will be defendant upon whether she has Condition 8503 attached to her current visa/

I think maybe in the interests of accuracy you may want to check out the validity start time for the multi entry visa, I have a sneaky feeling that it may be from the date of grant not first entry and the visa shows a "Must not enter after" date, I am not talking about the "must not arrive after" date that is usually attached to the single entry. The single entry definately is from first entry.

Upto now I havent seen an 8503 condition on a multi entry, Seems to fly in the face of the purpose of the multi entry which allows for further travel within a set time period.

Entering just prior to the date on the visa and staying for 3 months has been done by a number of people that I personally know including my own wife. It was also mentioned in a recent post that I cant track down at the moment.

I am aware that changes are made all the time to the rules etc...I havent heard or read of any changes to this visa.

Cheers

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Sorry I have to disagree with you GB. If she has been granted a 12 month multiple entry tourist visa, she must leave Australia on or before the date that her visa expires, that is, 12 months from date of first entry into Australia. Doing a "visa run" before her visa expires doesn't get her a further three months stay unfortunately.

Whether she can apply for another substantive visa whilst in Australia will be defendant upon whether she has Condition 8503 attached to her current visa/

I think maybe in the interests of accuracy you may want to check out the validity start time for the multi entry visa, I have a sneaky feeling that it may be from the date of grant not first entry and the visa shows a "Must not enter after" date, I am not talking about the "must not arrive after" date that is usually attached to the single entry. The single entry definately is from first entry.

Upto now I havent seen an 8503 condition on a multi entry, Seems to fly in the face of the purpose of the multi entry which allows for further travel within a set time period.

Entering just prior to the date on the visa and staying for 3 months has been done by a number of people that I personally know including my own wife. It was also mentioned in a recent post that I cant track down at the moment.

I am aware that changes are made all the time to the rules etc...I havent heard or read of any changes to this visa.

Cheers

GB, as I have stated in many post before, I agree with what you say 99.9% of the time, but will look into this further tomorrow and post my reply. It is my position however that a 12 months multiple entry does not allow for 15 month stay if a "visa run" is done just prior to the expiry of the 12 month period. A visa valid for 12 months is valid for 12 months, after which the holder (if in Australia) then becomes an unlawful non-citizen and is subject to removal if they are unable to obtain a further substantive visa.

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I agree with GB's interpretation.

Looking now at my wife's most recent 12 month, multi-entry (676) visa:

- granted 25 Aug 09

- must not arrive after 25 Aug 2010

- permitted to stay in Oz for 3 months from date of each arrival.

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She will have 12 months from the Visa issue date to enter the country.

The first entry date you state is January 2010.

This will be the Visa issue date.

Entry is valid for 12 months from this, so final entry date will be January 2011. She can then stay 3 months from the date of last entry.

So she should be OK to stay until April 2011.

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That was what I thought too fellas, I got sidetracked with the first entry that the OP and Bridge mentioned.

Still lets see what Bridge comes up with.

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I spoke to DIAC this morning, who did confirm that it is possible to stay 15 months on a 12 months multiple entry 676 visa , as long as the last entry was prior to the expiration of the 12 months. The DIAC officer offered a of strong word of caution that doing that may however jeopardize future application stating that "a genuine visitor does not stay 15 month". Furthermore at time of application applicant would have ticked intended time of stay 3,6 or 12 months. End of the day, can be done, but be careful.

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Thanks Bridge, at least we have the right information.

And yes it may affect any future tourist applications, as would the 12 month ME anyway even without the use of the visa to get 15 months. After coming in and out for 12 -15 momths, it would be hard to claim a genuine tourist status. The 676 visa is for Tourism and "visiting family and friends", To my mind if you are visiting family and friends then you do dont need to show that you are a genuine tourist, I know this is a matter of semantics and I havent heard of it being tested on here thus far.

Perhaps you could answer that Bridge, If the 676 application is addressed from the visiting family and friends aspect, explained in the covering letter, proof of friends in Oz etc....would that application stand to be successful for a subsequent 676 visa after say 2 or 3 have already been completed.

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Thanks Bridge, at least we have the right information.

And yes it may affect any future tourist applications, as would the 12 month ME anyway even without the use of the visa to get 15 months. After coming in and out for 12 -15 momths, it would be hard to claim a genuine tourist status. The 676 visa is for Tourism and "visiting family and friends", To my mind if you are visiting family and friends then you do dont need to show that you are a genuine tourist, I know this is a matter of semantics and I havent heard of it being tested on here thus far.

Perhaps you could answer that Bridge, If the 676 application is addressed from the visiting family and friends aspect, explained in the covering letter, proof of friends in Oz etc....would that application stand to be successful for a subsequent 676 visa after say 2 or 3 have already been completed.

Good question GB. For any Australia visa always look at the Schedule 1 and 2 criteria contained the Migration Regulations. The Schedule 1 criteria provides for how to make a valid application for a class of visa. The Schedule 2 criteria provides for the criteria that must be satisfied before the visa can be granted. Below is just part of the Schedule 2 criteria relating to a subclass 676 tourist visa.

A 676 applicant must always satisfy DIAC that they intending to visit Australia as a genuine visitor (Cl. 676.211)

Subclass 676 Tourist

Note All applicants must satisfy the primary criteria.

676.21 Criteria to be satisfied at time of application

676.211 The applicant satisfies the Minister that the applicant's expressed intention to only visit Australia is genuine.

676.212 The applicant seeks to visit Australia, or remain in Australia as a visitor:

(a) for the purpose of visiting an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or

(B) for a purpose other than a purpose related to business or medical treatment.

676.213 The applicant:

(a) has adequate funds, or access to adequate funds, for personal support during the period of the visit; or

(B) meets the requirements of paragraph 676.221 (3) (f).

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Interesting the use of the words "visit" and "visitor" not "tourist" and "tourism"

Interesting indeed B)

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Thanks guys.

It thought that was the case re being able to get 15 months out of the visa which is what we will do.

Re the tourist bit of the visa she is certainly not a tourist but rather a visitor (that is visiting me) considering this is her third visa in the last 3 years i.e. one three month visa and two 12 month visas.

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