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BruceD

Exceptional reasons for extended stay

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I have completed lodging the PMV application for my fiancée and uploaded all the required documents. We are in the process of applying for a Tourist Visa 600

Under the  "Exceptional reasons for extended stay ....."  file upload  section of the ONLINE form,  can I use the statement to ask the department to allow my fiancée to stay beyond the 12 months while we are waiting for the decision to be made. I understand that she can NOT be in the country at the time the decision is made.

PS: I'm not suggesting that my case is any special or exceptional - I'm sure many people out there are in the same situation as I am but would like to know my options and if I do have strong case.  

Appreciated your advice.

  

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15 hours ago, BruceD said:

I have completed lodging the PMV application for my fiancée and uploaded all the required documents. We are in the process of applying for a Tourist Visa 600

Under the  "Exceptional reasons for extended stay ....."  file upload  section of the ONLINE form,  can I use the statement to ask the department to allow my fiancée to stay beyond the 12 months while we are waiting for the decision to be made. I understand that she can NOT be in the country at the time the decision is made.

PS: I'm not suggesting that my case is any special or exceptional - I'm sure many people out there are in the same situation as I am but would like to know my options and if I do have strong case.  

Appreciated your advice.

  

Welcome to the Australian Vida Forum

Clause 600.215 of the Migration Regulations requires that where the grant of the visa would result in the applicant staying consecutively in Australia for more than 12 months, there must be exceptional circumstances for the grant of the visa. The term ‘exceptional’ is not defined in the legislation and is given its’ ordinary English meaning. The Macquarie Dictionary refers to ‘exceptional’ as ‘forming an exception or unusual instance, unusual, extraordinary’. I am not aware of any specific relevant court authority on the meaning of “exceptional circumstances” in the context of cl.600.215. However, If an applicant is seeking to apply for a visitor visa of more than 12 months, the decision maker will rely upon their policy document known as the Procedures Advice Manual. The best way to describe this, is that it provides guidance and instructions on the interpretation of the Migration Act and Regulations. The policy gives examples of exceptional circumstances for authorising a stay longer than 12 consecutive months, including:

the death, serious illness or serious medical condition of a member of the visa applicant’s close family in Australia, in circumstances where the visa applicant is required to stay in Australia to provide assistance or support                

a change in the applicant’s circumstances (or the circumstances of an Australian resident) that:

could not have been anticipated at the time their visitor visa was granted and

is beyond the visa applicant’s control and

where not granting a visa would cause significant hardship to an Australian resident or citizen.

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The processing time frames for offshore partner visas, including prospective marriage visa applications is now extremely lengthy, and in some cases up to 2 years. Naturally partners do not want to be away from each other during this extended period of time. However, granting a period of stay for more than 12 months on these ground would not fall within the definition of 'exceptional circumstances'. I think the best outcome would be a 12 month multiple entry visa. Ultimately however, the period of stay granted is at the discretion of the decision maker.

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