David48

Australian Tourist Visa Application

370 posts in this topic

ID: 361   Posted (edited)

52 minutes ago, simple1 said:

David48 was banned. Understand your criticism, though somewhat over the top.

Didn't realize he was banned, a loss for this forum.

 

Calling someone out for bad manners isn't "somewhat over the top", I was under no obligation to provide answers to these 2 posters but did so to offer assistance.

 

No one else bothered to reply to them.

 

You may think its over the top to expect a reciprocal thanks or acknowledgement but most people wouldn't.

 

As I said its common decency and an a Australian value to act in this way, a simple thanks Mate would have be fine.  

 

If its made you so uncomfortable for someone to pull another person up on their behavior that you need to interject on the matter in that persons defense so be it.  

 

I think I may follow David48 lead. 

 

 

 

 

 

 

Edited by Surin13

Share this post


Link to post
Share on other sites
1 minute ago, Surin13 said:

Didn't realize he was banned, a loss for this forum.

 

Calling someone out for bad manners isn't "somewhat over the top", I was under no obligation to provide answers to these 2 posters but did so to offer assistance,  you may think its over the top to expect a reciprocal thanks or acknowledgement but most people wouldn't.

 

As I said its common decency and an a Australian value to act in this way, a simple thanks Mate would have be fine.  

 

If its made you so uncomfortable for someone to pull another person up on their behavior that you need to interject on the matter in that persons defense so be it.  

 

I think I may follow David48 lead. 

 

Not defending members lack of acknowledgement for guidance. Do believe your rant is over the top - giving without expectation and all that - each to their own...

1 person likes this

Share this post


Link to post
Share on other sites
On 6/18/2017 at 0:37 PM, Surin13 said:

 

Wow 2 posters in a row that lack the common decency to  say thanks for someone answering their questions. 

 

They can't even muster a like for answering their questions, no wonder the the people with experience and knowledge don't bother any more like the OP David48.

 

The behavior of posters like this is un-Australian and speaks volumes of sort of people they are, No wonder they have issues with Australian Immigration and applying for visa's 

 

 

Sorry mate,

Been up country over the weekend. Literally have only just got back and turned the lappy on.....

Share this post


Link to post
Share on other sites
On 6/16/2017 at 3:19 PM, Surin13 said:

Here is a guide on how  to attach documents to a visa application via the ImmiAccount https://www.border.gov.au/help-text/online-account/Documents/attach_documents.pdf

 

Just select which category best fits the supporting document you are submitting.

 

There is also a 60 document limit, and 5MB limit per document. 

 

And for your advice, thanks for taking the time to write. But you're answer is as vague as the immigration website (which I've combed through). I know how to attach a file but my question still stands, as far as attaching what items to what is ridiculously vague as to what people on this forum are telling me to include in my application!

Share this post


Link to post
Share on other sites
On 2017-6-18 at 2:37 PM, Surin13 said:

 

Wow 2 posters in a row that lack the common decency to  say thanks for someone answering their questions. 

 

They can't even muster a like for answering their questions, no wonder the the people with experience and knowledge don't bother any more like the OP David48.

 

The behavior of posters like this is un-Australian and speaks volumes of sort of people they are, No wonder they have issues with Australian Immigration and applying for visa's 

 

 

Thank you for your advice, you'll have forgive my lack of gratitude but I checked back here a couple of days after I requested the advice, but infact in the 11 days between my request on here for information and the answer that I received from you. I did work the problem out myself and the visa was granted. Also I don't come and read TVF everyday and for that I am sorry.

2 people like this

Share this post


Link to post
Share on other sites
1 hour ago, AussieFarmer said:

Thank you for your advice, you'll have forgive my lack of gratitude but I checked back here a couple of days after I requested the advice, but infact in the 11 days between my request on here for information and the answer that I received from you. I did work the problem out myself and the visa was granted. Also I don't come and read TVF everyday and for that I am sorry.

I've flicked you a private message mate

Share this post


Link to post
Share on other sites
On 6/20/2017 at 3:43 AM, BangPaInn said:

Sorry mate,

Been up country over the weekend. Literally have only just got back and turned the lappy on.....

 

On 6/20/2017 at 3:48 AM, BangPaInn said:

And for your advice, thanks for taking the time to write. But you're answer is as vague as the immigration website (which I've combed through). I know how to attach a file but my question still stands, as far as attaching what items to what is ridiculously vague as to what people on this forum are telling me to include in my application!

The system is a one size fits all sort of deal. You are asking general questions so its hard to give more than general answers.

 

 So to try to answer the question directly, here is you question again.

 

On 6/15/2017 at 8:29 PM, BangPaInn said:

my question is, where/or at what point do I add the other supporting documents that will help her application? such as proof of she has kids, proof of our long term relationship (photo's, facebook communication) etc etc..

All of this would fall under the category Invitation, evidence of letter/statement . Which in simple terms means do a statement from you and her addressing these points.

 

Nothing wrong with doubling up so to speak, so while you may cover Financial capacity in your statements, upload the evidence of this under the correct category.  

 

ie. in a really simple way to explain the point.

 

I am inviting TG to come visit me in Australia,  I am employed/what ever, I live in this type of accommodation, I earn this much/have this much in the bank , I have known TG for this long, I have seen TG this many times, I want TG to come for this reason, TG will comply with visa for this reason, TG will return to Thailand at the end of the visa for this reason, I/she will pay for everything during the stay etc.

 

I think you get the point, but feel free to ask questions if you don't

 

Make sure you supply evidence to back all these claims you make in the statements.

 

Get your TG to do a statement confirming the same things (and make sure she understands what you have said so she can confirm it if they call her)

 

As I have said before, be upfront and honest, any hint of dishonesty will work against you. Putting a large sum of money into her bank account is the most common and the worst advice you see on these forums.  The requirement is to have the Financial capacity to support yourself during the trip, not have unexplained sums in your bank account that don't match the type of work/income level that person has. But if you say that you will provide this Financial capacity or its will done in whatever way suits your circumstance, you need to back this up with evidence.

 

So make sure you supply evidence to back up anything you state in the statement/application. the key to visa applications is if you claim/say something make sure you have evidence to back it up.

Edited by Surin13
1 person likes this

Share this post


Link to post
Share on other sites

Also in case people missed it I give a very good post about 4 years ago on the actual government procedure that is used in deciding on whether to grant a tourist visa or not. 

 

Worth having a look at. (its the current manual used)

 

 

Edited by Surin13
1 person likes this

Share this post


Link to post
Share on other sites

ID: 369   Posted (edited)

On 04/04/2013 at 11:47 AM, Surin13 said:

Hi I thought I would post up some information for people wanting to bring their partner to Australia on a tourist visa, and are wondering whether they might be granted that tourist visa. This is the policy regarding all tourist visa applications, especially in assessing whether an applicant is a 'genuine visitor'. The information is from DIAC Procedures Advice Manual 3 (PAM3), which are the official instructions given to decision-makers on migration law (=case officers).

Hope this helps people.

8.2 Assessing whether the applicant meets the genuine visitor requirement

In establishing whether this criterion is satisfied, relevant considerations may include, but are not limited to:

 

  • the personal circumstances of the applicant that would encourage them to return to their home country at the end of the proposed visit
  • the applicant's immigration history (for example, previous travel, compliance with immigration laws of Australia or other countries, previous visa applications/compliance action)
  • the personal circumstances of the applicant in their home country that might encourage them to remain in Australia (for example, military service commitments, economic situation, civil disruption)
  • conditions that might encourage the applicant to remain in Australia
  • the applicant's credibility in terms of character and conduct (for example, false and misleading information provided with visa application)
  • whether the purpose and proposed duration of the applicant's visit and their proposed activities in Australia are reasonable and consistent (for example, is the period of stay consistent with "tourism")
  • information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department about nationals from the applicant's home country. Such information, developed as profiles, may assist officers in deciding whether closer examination of an application is required to ensure the integrity of the visitor visa program.

 

Personal circumstances that may encourage the applicant to return to their home country ("home country" being country of usual residence), include:

  • on-going employment
  • the presence of immediate family members in their home country, that is, does the applicant have more close family members living in their home country than in Australia
  • property, or other significant assets, owned in their home country and
  • currently residing in a country whose nationals represent a low risk of immigration non-compliance, even though the applicant is originally from a country whose nationals represent a statistically higher risk of non-compliance.

Officers should also consider the applicant's economic situation — including unemployment or employment that, based on knowledge of local employment conditions, such as salary rates, would not constitute a strong incentive for the applicant to leave Australia.

Consideration of the applicant's immigration history may include but is not limited to:

  • previous travels to Australia; that is:
  • has the applicant previously travelled to Australia and, if so
  • did they comply with the conditions of their visa (or, if not, were the circumstances beyond their control) and
  • did they leave before their visa ceased
  • previous visa applications for Australia; that is:
  • has the applicant previously applied for a permanent Australian visa and
  • previous travels overseas; that is:
    • has the applicant travelled to countries other than Australia
    • has the applicant previously travelled to a country where there would be significant incentives for them to remain, in which case, did they comply with the immigration laws of that country.

In assessing this factor, officers may give weight to applicants who had travelled to and complied with the immigration laws of a country(ies) that has significant incentives for the applicant to remain in that country(ies), either for economic or personal reasons. However, officers may have to use judicious discretion if there is a lack of travel history.

Conditions that might encourage the applicant to remain in Australia, include:

  • the applicant's personal ties to Australia, that is:
  • does the applicant have more close family members living in Australia than in their home country
  • is the applicant subject of adoption proceedings that have not been resolved in their home country
  • military service commitments
  • civil disruption, including war, lawlessness or political upheaval in the applicant's home country and
  • economic disruption, including shortages, famine, or high levels of unemployment, or natural disasters in the applicant's home country.

Where consideration of the factors above raise doubts about the applicant's ability to meet the genuine visitor requirement, such as where the applicant's circumstances may suggest the need for greater scrutiny, officers may consider/request additional evidence that demonstrates that the applicant intends a genuine visit.

Officers may request further evidence from the applicant, where considered appropriate, if departmental statistical or intelligence reports on migration fraud, or profiles based on such reports, indicate that there is a significantly greater likelihood of nationals from the applicant's home country:

  • staying in Australia beyond the expiry of their visa
  • having their visa cancelled
  • being refused entry to Australia or
  • making asylum claims or applying for a Protection visa (PV).

Note: The mere fact that an applicant matches the characteristics of a profile is not grounds to refuse to grant a visa. Profiles are merely an alert that closer scrutiny of the applicant's circumstances might be required. All applications must be considered on their own merits taking into account all the information and supporting documentation provided by the applicant.

Additional evidence that officers may wish to consider in deciding whether an applicant is a genuine visitor include:

  • evidence that the applicant has been employed for at least the previous 12 months, has approved leave for the period of stay sought and will continue to be employed on their return home or
  • if self-employed, evidence they have owned their own business for the previous 12 months or
  • if retired/non-working have other financial commitments and/or family/social ties that would provide sufficient inducement for them to return to their home country at the end of their visit or
  • good immigration history.

Generally, offers of support or guarantees given by family and friends in Australia are not sufficient evidence of a genuine visit. The onus is on the applicant to satisfy the decision maker that they intend only to visit Australia. Guarantees from connections in Australia can, however, be critical in assessing whether an applicant has or has access to adequate funds.

8.3 Taking a fair & reasonable approach

Officers should take a fair and reasonable approach to the genuine visitor requirement, particularly if the applicant is in a partner relationship with an Australian citizen or permanent resident and/or there are children involved — see section 46: In a relationship with an Australian for further information. (at the bottom of this post)

The focus should be on the current intentions of the applicant. Consequently, the genuine visitor requirement can be satisfied provided the decision maker is satisfied that the applicant intends to leave Australia within the authorised period of stay, even if there is a suggestion that the applicant might later attempt to seek permanent residence and/or return to Australia.

In cases where the period of stay requested raises concerns about an applicant's ability to meet the genuine visitor requirement, case officers should consider whether a shorter period of stay would enable them to be satisfied that the visa criteria are met.

Section 46, as referred to in the previous post, which is the part that relates specifically to those tourist visa applicants that have an Australian partner:

46 In a relationship with an Australian

 

46.1 Overview

Decision makers are encouraged to take a fair and reasonable approach where the applicant is involved in a partner relationship with an Australian citizen or permanent resident. A range of factors should be taken into consideration before deciding that such a relationship creates a strong incentive not to leave Australia.

46.2 Partner visa application lodged offshore

If a visitor visa applicant is the partner of an Australia citizen or permanent resident and has followed standard migration procedures by lodging a Partner visa migration application offshore, decision makers should facilitate short visits by the visa applicant to Australia, particularly in situations where:

 

  • the applicant is e676, eVisitor or ETA eligible or
  • the couple have been together for a significant period or
  • the couple are well established in their home away from Australia or
  • there are no concerns about the genuineness of the relationship or the validity of the marriage or
  • the applicant wishes to travel to Australia for a short visit for a special occasion or
  • there are compelling circumstances that justify the granting of a visitor visa (for example, family member of Australian partner seriously ill) or it would be in the best interests of a child to do so.

Decision makers must still, however, be satisfied that the applicant meets the genuine visit criterion.

It is open to the decision maker to impose an 8503 if residual concerns exist and the decision maker is concerned that the applicant may try to change their immigration status onshore without compelling reasons to do so.

Imposition of condition 8503 is, however, likely to be unnecessary in such cases given that the applicant has been upfront and already lodged a permanent visa application offshore — and may be unlikely to lodge again onshore and pay a second VAC. See PAM3: Sch 8/8503 for further information.

All applicants, other than subclass 303 holders, who have made a Partner (subclass 309) visa, must be outside of Australia in order for the 309 visa to be granted. Visitor Policy Section does not support delaying decisions on Visitor applications pending the outcome of a Partner visa application. However, case officers should ensure that applicants are aware that, if they satisfy all the criteria for grant of the 309 visa, they will be required to be outside of Australia at the time of the 309 visa grant.

46.3 No permanent visa application lodged

Similar factors, as listed above, should be taken into account if a Tourist visa applicant is in a relationship with an Australia citizen, or permanent resident and eventually may intend to reside permanently in Australia, but has not yet made a final decision to do so and/or lodged a permanent visa application offshore. In these circumstances, decision makers must give careful consideration as to whether the applicant meets the genuine visitor requirement.

The possible eventual intention of the applicant to stay permanently in Australia should not, in itself, be considered ground to refuse a Tourist visa. Decision makers should consider the applicant's current intentions and whether the applicant is attempting to circumvent proper migration channels.

For example, if an applicant seeks to travel to Australia to meet future parents in law and determine whether they wish to live in Australia with their partner, but has a history of abiding by visa conditions and will be returning home to complete a university degree prior to lodging a Partner visa application there may be no concerns about the genuine nature of the visit.

Decision makers may consider imposing an 8503 if they have residual concerns about the applicant’s intentions.

46.4 Cases where pregnancy involved

See section 61.3: Pregnant visa applicants.

46.5 De facto relationships

The fact that an applicant may be seeking to extend their stay in Australia to enable them to meet the regulation 2.03A(3) duration of relationship criterion for a Partner visa is not in itself a reason to refuse to grant a Tourist visa.

In such case, officers should consider whether the applicant meets the genuine visitor requirement and/or whether the applicant is likely to abide by visa conditions. For example, if the applicant is low risk, and the decision maker is satisfied that they will not work whilst in Australia and abide by their visa conditions, it may be appropriate for a visa to be granted. Each case must be treated on its own merits.

This is a great piece of information and thanks for bringing it to the attention of others on this site 

Edited by Ooladolla
1 person likes this

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

BANGKOK 27 June 2017 10:40
Sponsors