Jump to content
Boo79

Urgent Advice needed regarding Australian visitor visa

Recommended Posts

Hello

I need some urgent advice / help as i'm getting different advice every time i ring immigration.

My Partner is in Indonesia and we have lodged a 309 Visa Sub Class 100

Whilst we are awaiting that to be processed (current time is 12 months plus) we were advised that he could continue to use his tourist visa 

His visa is as follows:

Visa class / subclass FA / 600
Visa stream Tourist
Visa applicant Primary
Visa grant date 28 July 2017
Visa expiry date 28 July 2020
Location Offshore
Visa status In Effect
Entries allowed Multiple entries to and from Australia during the validity of your visa
Must not arrive after 28 July 2020
Period of stay 03 months on each arrival

With the following conditions:

8558 - Non Resident: Can not stay for more than 12 months in any 18 month period

My Partner first entered Oz 3 August 2017. 

He has stayed a total of 354 days since 3 August 2017

Which would mean he has 11 days left in the current 18 month period?

Am i reading the visa correctly? Would the 18 month period reset on 3 Feb 2019?

If the 18 month period resets on the 3 Feb 2019 and he has 11 days left on the current 18 month period does this mean he can enter Oz on the 22 Jan 2019?

I'm so confused.

TIA

 

Edited by AFV
Title changed by admin to make it more relevant

Share this post


Link to post
Share on other sites

The 18 months doesn't reset,  it's a rolling period. So you always count back from the date you are looking at.  So if you look at June next year you count 18 months back from then. 

So any entry date you are looking at you need to don't back 18 months from then. 

Share this post


Link to post
Share on other sites

Thanks for your reply

So after so googling i found that another calucate, is 6 months out of oz in the 18 month period is this correct?

Does the below mean that he would be required to wait till end of March to re enter Oz for a 3 month stay?:

03-August-2017 03-November-2017 92.00
17-November-2017 11-February-2018 86.00
11-March-2018 03-June-2018 84.00
30-June-2018 30-September-2018 92.00
     

 

 

 

354.00

 

Quote

 

 

Share this post


Link to post
Share on other sites
1 hour ago, Aussie_83 said:

The 18 months doesn't reset,  it's a rolling period. So you always count back from the date you are looking at.  So if you look at June next year you count 18 months back from then. 

So any entry date you are looking at you need to don't back 18 months from then. 

As Aussie_83 has stated it is a rolling period that does not resent     vv v. IMHO you need to be a mathematician to ensure that you don't breach Condition 8558.

The best way to ensure that you are not breaching condition 8558 is to count back 18 months from today, and calculate how much time you have spent in Australia, if it is approaching 12 months, then you will have an issue. Likewise if you are outside of Australia and looking at travelling to Australia in say 4 weeks, count back 18 months from the propose date of arrival.

Be very careful of Condition 8558. With a 2 year multiple entry visa, it is quite possible to breach that condition and no be aware of it. 

Based on what you have posted it would seem the visa holder has spent 11.8 months in Australia in the past 18 months (June 2017 to December 2018).

I think your assessment as to the end of March 2019 is indeed correct. Arrival prior to then will be breach of Condition 8558. 

 


gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites

Hope it's OK to piggyback off this post. I am in a similar situation. My partner has a multiple entry tourist visa, max 3 month stay that lasts for three years. We are also in the process of applying for the partner visa however I was told this morning by immigration that if we apply for the 309/100, my partner will not be able to enter Australia until the new visa is granted, even though his tourist visa is valid until Nov 2019.

Can anyone shed any light on this?

Thanks 

Share this post


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

Hope it's OK to piggyback off this post. I am in a similar situation. My partner has a multiple entry tourist visa, max 3 month stay that lasts for three years. We are also in the process of applying for the partner visa however I was told this morning by immigration that if we apply for the 309/100, my partner will not be able to enter Australia until the new visa is granted, even though his tourist visa is valid until Nov 2019.

Can anyone shed any light on this?

Thanks 

Welcome to the Australian Visa Forum,

IMHO that information is clearly wrong. Applying for the partner visa (subclass 309/100) does not cancel a current visitor visa. It will remain active until it expires. 

From experience, at the Department of Home Affairs you can speak to 10 different people and get 10 different responses.  


gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


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

Welcome to the Australian Visa Forum,

IMHO that information is clearly wrong. Applying for the partner visa (subclass 309/100) does not cancel a current visitor visa. It will remain active until it expires. 

From experience, at the Department of Home Affairs you can speak to 10 different people and get 10 different responses.  

Thanks for this. I will write a new post outlining my situation. Thanks again!

Share this post


Link to post
Share on other sites
On 12/18/2018 at 5:35 PM, curls said:

Hope it's OK to piggyback off this post. I am in a similar situation. My partner has a multiple entry tourist visa, max 3 month stay that lasts for three years. We are also in the process of applying for the partner visa however I was told this morning by immigration that if we apply for the 309/100, my partner will not be able to enter Australia until the new visa is granted, even though his tourist visa is valid until Nov 2019.

Can anyone shed any light on this?

Thanks 

I am open to be corrected, but, I have always understood the rules to be:  You can only hold one substantive visa at any time.  So your Tourist Visa is in force until it expires.

What Department and Embassy did you speak to?  Was it IMMI onshore?

@AFV is correct, 10 different officers, 10 different answers.  Until pen hits paper, there is no quality review of an IMMI employees advice. At this time of year there are a lot of 'temporary' staff stepping up.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

Share this post


Link to post
Share on other sites
On 12/21/2018 at 4:14 PM, Aussie_83 said:

To be fair 10 different people giving 10 different answers is conservative

I should have said 10 different people giving 15 different answers lol.


gRP3y0B.jpg

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Share this post


Link to post
Share on other sites
9 hours ago, AFV said:

I should have said 10 different people giving 15 different answers lol.

I have had 4 different rulings from the same IMMI Officer, on the same case, over 3 weeks.

As I said, there is no QA until pen hits paper, verbal advice means sh*t these days.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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

×