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  1. This is a question often asked by our clients who want to marry their Thai partner in Australia. Some of them may have previously had a traditional Thai Buddhist wedding ceremony in Thailand and now wish to legally marry. Although a traditional Thai Buddhist wedding ceremony may add to the evidence of the genuineness of a spouse relationship, it is not a legally recognised marriage in Australia for partner visa purposes. That being said, a marriage in Thailand is recognised in Australia if it has been registered at a local district office, called an Amphur. However, is it possible to get married in Australia on a tourist visa? The answer to this is yes, and many of our clients do so. I married my Thai wife in Australia, can she now apply for a partner visa in Australia? The answer to this question needs a thorough explanation. Prior to submitting a partner visa application, or any visa application for that matter, you must ensure that you meet the eligibility criteria for the visa that you are applying for. The Migration Act and Regulations provides for certain criteria that must be satisfied at both time of application and decision. If you do not meet the criteria then your visa application must be refused. Many people mistakenly believe that being married to another person means that their spouse now meets the criteria for the grant of a partner visa. This is definitely not the case. Apart from being married it is also requirement that the applicant and sponsor be in a genuine and continuing spousal relationship to the exclusion of all others. When assessing whether a spousal relationship is genuine, the Department will take consideration all of the circumstances of the relationship, including the following factors which can be found in the Migration Regulations. financial aspects of the relationship nature of the household social aspects of the relationship nature of the persons’ commitment to each other Assuming that you are now legally married to your Thai wife and you are satisfied that she meets the criteria for a partner visa, the next question will be, can she now apply for a partner visa in Australia on a tourist visa? The answer to this will depend upon what conditions are attached to her tourist visa. Her tourist visa grant notice will list what conditions her visa is subject to. If her visa has Condition 8503 attached to it, this will prevent her from applying for a partner visa whilst she is in Australia. She will need to depart Australia and apply back in Thailand. What happens after I apply for a partner visa in Australia? If you have made a partner visa application in Australia, you will be granted a Bridging Visa A which will only become active after your current visa ends, in this case your tourist visa. Once active, the Bridging Visa A will allow you to remain lawfully in Australia until a decision is made on your partner visa application. If you need to depart Australia during this period you must apply for and be granted a Bridging Visa B which will allow you to return to Australia during the processing of your partner visa application. If you have applied for a partner visa in Australia, it can only be granted whilst you are also in Australia at the time of visa grant.
  2. To be granted a visitor visa, applicants must be able to evidence that they have adequate means to support themselves, or access to adequate means to support themselves during the period of their intended stay in Australia. A person who is an independent traveller staying in hotels would be expected to have more funds than a person who is staying with friends where accommodation and meals is being provided. See also related topic: How much money do I need for an Australian tourist visa?
  3. If you have been refused a visitor visa there is no time limit as to when you can apply again. However, if you are considering applying again you must be able to adequately address the reasons for the visa refusal otherwise it is unlikely that the outcome of your next visitor visa application will be any different. If you have been refused a visitor visa, the notification of refusal notice will explain the reasons why your visa was refused. See also related topic: My Thai girlfriend was refused a visitor visa to visit me in Australia, can she reapply?
  4. As a general rule you are expected to spend an equal amount of time outside of Australia in between visits. However, the frequency and duration of your previous visits to Australia is only one factor in assessing whether a visitor visa applicant has an intention to visit Australia as a genuine temporary visitor only, as required by the Migration Regulations 1994. Successive and frequent visitor visas might raise suspicions that the visa holder is attempting to maintain de-facto residence in Australia by abusing Australia’s visitor visa program.
  5. If your Thai girlfriend wants a visitor visa to visit Australia, there a certain steps that she must go through. Unlike many other countries, Australia does not have a visa on arrival program. Therefore, anyone travelling to Australia must have a valid visa before they arrive. In fact, if you don’t have a valid Australian visa you will not be able to board your flight. Airlines face very stiff penalties for any passenger that arrives in Australia without a valid visa. It’s a fact, it is a lot easier for some nationalities to obtain a visa than it is for others, unfortunately Thailand is not one of them. Are Thai citizens eligible for an ETA visa? Thai citizens are not eligible to apply for an ETA visa and must therefore apply for a subclass 600 visitor visa under the tourist stream. After the visitor visa application has been submitted a decision whether to grant the visa or not usually takes around 2 weeks. It is however always advisable to apply well in advance of the proposed dates of travel to Australia, but not more than 3 months from this date. Preparing your Thai girlfriend’s visitor visa Your Thai girlfriend’s visitor visa application must include sufficient evidence that shows that she has a genuine intention to visit Australia temporarily. If her application does not meet this criterion, she will be refused a visitor visa as she has not satisfied clause 600.211 of the Migration Regulations 1994. If her visa application is refused, that decision is final and cannot be the subject of any review. My Thai girlfriend was refused a visitor visa to Australia, can she apply again? Whilst your Thai girlfriend can apply again for another visitor visa, unless the reasons for the refusal are adequately addressed, it is unlikely that the result of a further application will be any different. Of the clients that approach us that have been refused a visitor visa, the majority are because they did not satisfy the genuine intention to visit Australia temporarily. We work with our clients to submit a stronger application which addresses the reasons for the refusal against the criterion provided for in the Migration Regulations. After your Thai girlfriend applies for a visitor visa to Australia After the visitor visa application has been submitted your Thai girlfriend will receive a formal acknowledgement that the Department has received her application. However, it does not stop there, she will also receive a request to provide biometrics for an Australian visa which must be done at the Australian Visa Application Centre in either Chiang Mai or Bangkok. If the biometrics are not done in the required time her visitor visa will be refused. We are often approached by people that were refused a visitor visa because they failed to read the request to provide the biometrics for their visa application How long can my Thai girlfriend stay in Australia on a visitor visa? Any period of stay granted is at the discretion of the Department. Visitor visas can be granted for 3, 6 or 12 months, they can also be single or multiple entry. If you are requesting multiple entry, at time of application you must provide reasons for travel outside of Australia during the period of stay you have requested. This visa grant notice will also stipulate the date you must arrive in Australia by before your visa expires. As long as you arrive before this date, you are then permitted to remain for the period of stay you have been granted. About Thai Visa Express Thai Visa Express is a well-established Pattaya visa agent for Australian visa applications. We have been operating in Pattaya Thailand since 2007. In this time we have assisted thousands of Australian visa applicants. Many of our clients have gone on to acquire Australian permanent residency and Australian citizenship. Please do not hesitate to contact us at Thai Visa Express should you require a professional Pattaya visa agent for your Australian visa application.
  6. You’re in a relationship with a Thai girl, and you want to take her to Australia for a visit. Taking your Thai girlfriend to Australia is unfortunately not as easy and as straight forward as you would like it to be. This is because Thailand is considered to be a high-risk country as far as Australian immigration is concerned. Thai citizens are not eligible to apply for an ETA visa and must therefore apply for a subclass 600 visitor visa under the tourist stream. To be granted a visitor visa your girlfriend must genuinely intend to stay temporarily in Australia. What is a genuine intention to stay temporarily in Australia? We get approached by many potential clients who say things like, “my Thai girlfriend only wants to visit Australia for a holiday”, and “I will guarantee that she returns to Thailand after her visit to Australia”. Firstly, a person cannot guarantee that a visa holder will comply with the conditions of their visitor visa. Any statement to this effect will carry no weight. Secondly, reasons for wanting to visit visiting Australia do not in themselves mean that an applicant has a genuine intention to stay temporarily in Australia. If this was the case, everyone would be granted a visitor visa simply by saying that they just want to visit Australia for a shortly holiday. Another common mistake is believing that simply having an amount of money in the applicant’s bank account will result in them being granted a visa. This is not the case. The Department wants to see a savings history consistent with an applicant’s income, and even if the applicant does have employment, it is still an objective assessment of all of the applicant’s circumstances that will determine whether they satisfy the genuine temporary entrant criterion. When the Department assesses a visitor visa application, they will take into consideration many factors relating to the visa applicant. These include; country of passport; age; employment; evidence of a savings history; family ties in applicants’ country; any history of previous visa compliance; social and economic factors in the applicant’s country. These factors are certainly not exhaustive, and in fact clause 600.211(c) of the Migration Regulations requires the Department to consider “any other relevant matters” in assessing whether an applicant meets the genuine temporary entrant criterion. At Thai Visa Express we focus heavily on “any other relevant matters”. Thai Visa Express is a Pattaya visa agent for Australian visa applications. Each year we prepare and submit hundreds of visitor visa applications for Thai’s wanting to visit Australia. We have a thorough understanding of Australia’s complex immigration rules, which can be found in the Migration Act and Regulations. We won’t submit an application unless we believe that it has every chance of success. All of our applications are submitted with a lengthy written submission addressing the criterion for the grant of the visa being applied for. See also our related posts: My Thai girlfriend was refused a visitor visa to visit me in Australia can she reapply My Thai girlfriend is unemployed can she be granted a tourist visa to visit Australia What is a genuine intention to visit Australia temporarily How much money do I need for an Australian tourist visa Taking my Thai girlfriend to Australia
  7. Thai Visa Express is a Pattaya visa agent for Australian visa applications. A question that we are quite often asked is whether a person needs a visa agent to assist them with their Australian visa application? There can be many factors that influence a person’s decision to use a visa agent. Many of our clients are previous tourist visa refusals. Clients who had applied for a tourist visa without using the services of a visa agent and had their applications refused. Whilst we are certainly not suggesting for one moment that they were refused for not using a visa agent, upon reviewing their refusal notification letters, it can be seen that many applicants simply failed to convince the Department that their intention was to visit Australia as a genuine temporary entrant only as required by the Migration Regulations. A very common mistake is applicants believing that they simply need to complete a visa application form and that’s it. This is definitely not the case. A well-prepared tourist visa application will include sufficient supporting evidence that enables the Department to make a favourable decision to grant the applicant a tourist visa. If the Department is not satisfied that an applicant meets the Schedule 2 criterion provided for in the Migration Regulations, then the application must be refused. In most cases a tourist visa refusal cannot be appealed. Whilst it is open to an applicant to apply again, unless they can adequately address the reasons for the refusal it is unlikely the result will be any different. The benefits of using Thai Visa Express is our extensive knowledge of Australia’s Migration Act and Regulations. We will not submit a visa application unless we are entirely satisfied that it has every chance of success. Included with all of our visa applications is a detailed written submission addressing the criterion, with reference to the Migration Act and Regulations, relating to the subclass of visa being applied for. We will also prepare any sponsors letter of support. We also assist our clients with regards to biometrics, medicals and police character checks. As a Pattaya visa agent for Australian visa applications we not only deal with tourist visa applications, but permanent visa applications also, such as partner and prospective marriage visas. These visas have complex criterion that must be satisfied at both time of application and up until time of decision. Even after the visa has been granted they have conditions that must be complied with, and failure to do so can result in the visa being cancelled. These visa are also very costly with the visa application charge being almost AUD$8000. After you add the costs of translations, biometrics, medicals and police character checks, the cost can be over AUD$10,000. Failing to provide sufficient information can result in an application being refused. Thai Visa Express is a well-established Pattaya visa agent for Australian visa applications. We have been operating in Pattaya Thailand since 2007. In this time we have assisted thousands of Australian visa applicants. Many of our clients have gone on to acquire Australian permanent residency and Australian citizenship. Please do not hesitate to contact us at Thai Visa Express should you require a professional Pattaya visa agent for your Australian visa application.
  8. Nearly everyone submitting an Australia visa application in Thailand will at some stage need to attend the Australian Visa Application Centre (AVAC). Even if you have submitted your visa application online, you will still need to attend the AVAC to provide the required biometrics. The Australian Visa Application Centre has offices in both Bangkok and Chiang Mai. Thailand is a part of the biometrics for Australian visa program. If you have applied in Thailand, regardless of your nationality, for one of the Australian visa subclasses that is part of the biometrics program, you will need to provide your biometrics to the Australian Visa Application Centre in either Bangkok or Chiang Mai. Bangkok The Trendy Office Building, 28th Floor, Sukhumvit Soi 13, Klongtoey-Nua, Wattana, Bangkok 10110 Submission Time and Biometrics Collection Time: Monday to Friday - 08:30 – 15.:00 Collection Document Time: Monday to Friday - 15:00 – 16:30 Chiang Mai 191 Siripanich 6B Floor Huaykaew Rd, Suthep Muang, Chiang Mai 50220 Submission Time and Biometrics Collection Time: Monday to Friday - 08:30 – 14:30 Collection Document Time: Monday to Friday - 14:30 - 15:30 Attending the Australian Visa Application Centre Thailand You cannot visit the AVAC without first making an appointment. Appointments can be made online through the Australian Visa Application Centre Thailand website. If you need to obtain a letter of introduction from the Australia Embassy Bangkok to obtain a Thai Police Clearance for an Australian visa, then this can be obtained from the AVAC without the need to make an appointment. Consequences of failing to provide biometrics for your Australian visa When you submit an Australian visa application in Thailand, you will be advised by the Department whether you are required to provide biometrics. This notification will also advise the date which they must be provided by. If you fail to provide biometrics by the due date, then your visa can be refused. Section 40 of the Migration Act together with regulation 2.04 of the Migration Regulations prevents the grant of a visa if an applicant for a visa, who is outside Australia, has been required the provide biometrics, and does not comply with that requirement within the required time. At Thai Visa Express we have been approached by people who have had their Australian tourist visas refused because they simply did not understand the requirement to provide the biometrics. We strongly advise all visa applicants to thoroughly read all correspondence they receive from the Department in relation to their visa application.
  9. Thailand is a part of the biometrics for Australian visa program. If you have applied in Thailand, regardless of your nationality, for one of the Australian visa subclasses that is part of the biometrics program, you will need to provide your biometrics to the Australian Visa Application Centre (AVAC). What are biometrics? Biometrics are the collection of your fingerprints and a digital facial image photograph. The process is both discreet and non-invasive, and generally takes less than 15 minutes. What visas are included in the biometrics program? Many temporary and permanent Australian visa subclasses are included in the biometrics program, including the following visas commonly applied for in Thailand: subclass 600 visitor visa subclass 309 partner visa subclass 300 prospective marriage visa Biometrics collection in Thailand If you submit your application in person to the Australian Visa Application Centre in Bangkok or Chiang Mai, you will be required to provide your biometrics at the same time that your application is submitted. There is also a service fee for the biometrics in addition to the visa application charge. If you have submitted your visa application online or by post, you will be advised in writing of your requirement to provide biometrics within a certain time. If you fail to provide your biometrics within the required time, your visa application may be refused. Making an appointment for biometrics collection in Thailand Once you have been advised in writing of your requirement to provide biometrics, you will then need to make an appointment, which can be done online through the Australian Visa Application Centre in Thailand . When you attend your appointment, you must take with you the following four things: the biometrics appointment letter. your current passport. the letter you received from the Department advising you of your requirement to provide biometrics. the service fee for biometrics, which is currently 851 Thai Baht. Where can I do the biometrics in Thailand? In Thailand you will need to provide your biometrics in person at either the Australian Visa Application Centre in Bangkok or Chiang Mai. Bangkok - The Trendy Office Building, 28th Floor, Sukhumvit Soi 13 Chiang Mai - 191 Siripanich 6B Floor Huaykaew Rd, Suthep Muang Chiang Mai I have previously provided biometrics. Do I need to provide them again? Yes. Biometrics can’t be used for multiple visa applications to Australia. Regardless of whether you have provided biometrics previously, you will need to provide them again if you apply for one of the visa subclasses included in the biometrics program, and your application is submitted in a participating biometrics country, such as Thailand. See related posts: Obtaining a Thai Police clearance for an Australian visa Australian visa processing times How much for an Australian visa Taking my Thai girlfriend to Australia Visa for my Thai fiancée to migrate to Australia
  10. Depending upon what Australian visa you have applied for, you may be required to provide a Thai Police clearance certificate if you have spent more than 12 months cumulative in Thailand during the past 10 years. This also applies to a sponsor and any additional applicants aged 17 years or over. If your Thai wife has applied for a partner visa to migrate to Australia, she will be required to provide a Thai Police clearance certificate. If you as her sponsor have spent more than 12 months in Thailand in the past 10 years, you will also need to provide one. Australian visa processing times vary. A partner visa application can take a significant amount of time to be finalised, and in most cases more than 12 months from date of application. As any police checks are only valid for 12 months from the date that they are issued, it is advisable to only apply for any police checks when requested to do so by the Department. If your police check expires before your visa is granted, you will be required to provide another current police check. Obtain a Thai Police clearance certificate is not a complicated process, but there are a few steps that you must follow. Obtaining a letter of introduction from the Australian Embassy Bangkok If you have been asked to provide a Thai Police clearance certificate for your Australian visa application, you will first need to obtain a letter of introduction from the Australian Embassy Bangkok. This is the formal letter that informs the Royal Thai Police that your police clearance certificate is required by the Australian Government for an Australian visa application. You can obtain this letter from the Australian Visa Application Centre in Bangkok, which is located at The Trendy Office Building, 28th Floor, Sukhumvit Soi 13. You don't need to make an appointment to obtain the letter of introduction, but make sure you take your original passport and a copy of your acknowledgement of having made a valid visa application. The letter of introduction then needs to then be taken to the Royal Thai Police, Police Clearance Service Centre. I cannot attend the Australian Visa Application Centre. How can I obtain a letter of introduction? If you are unable to attend the Australian Visa Application Centre in person, you can obtain a letter of introduction by email by contacting the Australian Visa Application Centre at info.auth@vfshelpline.com Obtaining a Thai Police clearance certificate for the Royal Thai Police After you have obtained the letter of introduction, you will then need to attend the Royal Thai Police, Police Clearance Service Centre, Building 24, Royal Thai Police, Rama 1, Pathumwan, Bangkok (located near Siam BTS). You do not need to make an appointment. Make sure you have ALL original documents with you, such as: Letter of Introduction from the Australian Embassy Bangkok Passport ID card Birth Certificate House Registration (Tabien Ban) All documents evidencing any name change (if applicable) Document of single status (if applicable) Marriage certificates (if applicable) Divorce certificates (if applicable) Evidence of any military service (if applicable) After you have applied for your Thai Police clearance certificate, you will receive it by post in approximately four weeks. See related topics: Australian fiancé visa Australian visa processing times De-facto visa for Thai partner to migrate to Australia Australian partner visa for my Thai wife How much for an Australian visa
  11. Taking your Thai girlfriend to Australia is not as straightforward and easy as you would like it to be. For starters, Thailand is a high-risk county when it comes to applying for an Australian tourist visa. All tourist visa applicants must meet the ‘genuine temporary entrant criterion’ provided for in the Australian Migration Regulations. Why is Thailand a high-risk country? A high-risk country is any country whose citizens are not eligible to apply for an Electronic Travel Authority, commonly known as an ETA visa. Depending upon your girlfriend’s reason for wanting to visit Australia, the most common visa would be a visitor visa under the tourist stream, also known as a tourist visa. If you girlfriend has a Thai passport, she cannot apply for an ETA visa. What is a tourist visa for? A tourist visa is for holidaying and sightseeing, social and recreational reasons, visiting relatives of friends, and other short-term non-work purposes. It can also be used to study for up to three months. However, unlike a student visa it does not allow the visa holder to work in Australia. Applying for a tourist visa, what do you need to show? If your Thai girlfriend has applied for a tourist visa, the Department will need to be satisfied that she genuinely intends to visit Australia for a temporary stay only. In assessing whether that intention exists, the Department will take into account any previous Australian visa compliance that she may have, and whether there is any evidence to suggest that she may work during her stay in Australia. They will also consider ‘any other relevant matters’. When it comes to considering ‘any other relevant matters’ in assessing whether your Thai girlfriend genuinely intends to visit Australia for a temporary stay only, the Department will consider your girlfriend’s personal circumstances. Whilst this list is not exhaustive, they will take into consideration such things as: Does she have ongoing employment in Thailand to return to? The presence of close family members in Thailand, that is, does she have more close family members living in Thailand than in Australia. Does she own any property of significant assets in Thailand? What incentives exist that would encourage her to return to Thailand prior to her tourist visa expiring? Adequate means of support in Australia A tourist visa applicant must also have adequate means of support for their stay in Australia. The Department will take into account what activities your girlfriend will be undertaking in Australia. If she is staying with you, and food and accommodation is provided, she would not be expected to show the same level of funds that an independent traveller who is travelling around Australia and staying in hotels would. Your girlfriend does not need to have her own funds, these can be provided by you, but her financial situation may be relevant to meeting the genuine temporary entrant criterion and consideration of whether she has any significant incentives to return to Thailand prior to her tourist visa expiring. See related topics: My Thai girlfriend was refused a visitor visa to visit me in Australia can she reapply My Thai girlfriend is unemployed can she be granted a tourist visa to visit Australia What is a genuine intention to visit Australia temporarily How much money do I need for an Australian tourist visa Does my Thai girlfriend need a return ticket from Australia
  12. You’re engaged to be married to your Thai fiancé and you want to know what visa do you need to bring her to live in Australia permanently? For starters, let’s talk about the difference between fiancé and fiancée. A fiancé (with one “e”) is a man who is engaged to be married, whereas a fiancée (with two “e’s”) is a woman who is engaged to be married. What is a fiancé visa? Whether you are a man or a woman, if you have a genuine intention to marry in the future, that is, you’re engaged to be married to your partner, you may be able to bring your partner to Australia on a fiancé visa. However, the correct name for this visa is the prospective marriage visa (subclass 300), sometimes referred to as a fiancé visa, or just a PMV. If you are married or in a de-facto relationship with your partner, then the appropriate visa would be a partner visa. Requirements for a fiancé visa? The general requirements for a fiancé visa are that the applicant and sponsor have met in person as adults, are known to each other personally, and have a genuine intention to marry in the future. I’m in an online relationship with my Thai girlfriend. Is she eligible for a fiancé visa? One of the requirements for a fiancé visa is that the applicant and sponsor have met in person as adults. If you are in an online relationship with your Thai girlfriend, and have never physically met her in person, then this condition will not be satisfied. Applying for a fiancé visa Unlike a partner visa, a fiancé visa can only be applied for outside of Australia, and the applicant must be outside of Australia at both time of application and time of decision. Australian visa processing times are very lengthy. If your fiancé, or fiancée for that matter, wishes to visit you in Australia during the processing of their fiancé visa, they will need to apply for a visa which permits them to do so. In most cases this will be a visitor visa, but remember their fiancé visa cannot be granted whilst they remain in Australia. After the prospective marriage visa has been granted Once the fiancé visa is granted, it will permit the visa holder to enter and remain in Australia for a period of nine months. During this time you both must marry. After your marriage has taken place, your husband or wife will then be able to apply for a partner visa in Australia without leaving. What conditions are attached to a fiancé visa? All Australian visas have certain conditions attached to them. It is the responsibility of all visa holders to be aware and fully comply with all of the conditions attached to their visa. You can fine this information on your visa grant notice or online through the Department’s Visa Entitlement Verification Online (VEVO). If you have been granted a fiancé visa you must not marry prior to entering Australia (Condition 8515), and you must marry within the nine month visa validity period (Condition 8519). After the marriage has taken place, the partner visa can then be applied for. Can we marry before the fiancé visa is granted? If you marry before the fiancé visa is granted, upon notifying the Department in writing of your marriage having taken place, upon receipt of that notification, the applicant will then be deemed to have applied for a partner visa from the date that the Department receives this notification. See related topics: Australian visa processing times How much for an Australian visa Is it possible to change from a prospective marriage visa to a partner visa What is the difference between a spouse visa and a partner visa Australian married partner visa for Thai wife
  13. The short answer is no, you can’t avoid condition 8503, but you can certainly take steps to lessen the chances of it being imposed on your visa. What is the no further stay condition? Condition 8503, commonly known as the ‘no further stay condition’, is a visa condition, that if imposed on your visa, will be prevent you from applying for another visa whilst you are in Australia. In very limited circumstances you may be able to get the condition waived, which would then allow you to apply for another visa whilst you are still in Australia, for example applying for a subclass 820 partner visa. Will my visa have this condition attached? This depends on the visa that you have applied for. For some visas it cannot be imposed, for others it must be imposed, and for some the Department has the discretion to impose it or not. Here are some examples of this: Electronic Travel Authority – cannot be imposed on this visa Visitor visa under the tourist stream – it may be imposed on this visa Visitor visa under the sponsored family stream – it must be imposed on this visa From the examples above, it can be seen that if you apply for a visitor visa under the sponsored family stream, then the condition must be attached to your visa. The Department does not have any discretion to not attach this condition. However, if you apply for a visitor visa under the tourist stream, they have a discretion as to whether to impose it or not. When will they attach Condition 8503? Anyone wanting to visit Australia must be able to satisfy the Department that they have a genuine intention to visit Australia temporarily. Many factors will be taken into consideration in assessing whether this intention exists. Assuming that you have applied for a visitor visa under the tourist stream, the Department may attach condition 8503 in circumstances where they are satisfied that you meet the criteria for the grant of a visitor visa, but nonetheless some residual concerns remain as to your intention to visit Australia temporarily, but those concerns are not sufficient enough to refuse your visitor visa application. Can I ask for the no further stay condition to not be put on my visa? Where the condition is discretionarily imposed, such as a visitor visa under the tourist stream, you cannot ask for it not to be imposed on your visa, and in fact doing so, you may very well raise suspicions that you do not have a genuine intention to visit Australia temporarily. The best way to lessen the chance of the no further stay condition being attached to your visa is by submitting a thoroughly prepared visitor visa application which clearly evidences that you have a genuine intention to visit Australia temporarily. See Also Related Topics: What is Condition 8503 How many times can I visit Australia on a visitor visa What is a genuine intention to visit Australia temporarily How can I apply for a partner visa in Australia How much money do I need for an Australian tourist visa
  14. This is one of the most common questions that we are asked. Your Thai girlfriend has just been granted a tourist visa, her bags are packed, she’s ready to go, but does she need to have a return ticket from Australia before she departs? The answer is no she doesn’t, but this requires somewhat of an explanation. Any person wanting to visit Australia must have a valid visa to do so. All Australian visas are now recorded electronically. Visa holders do not need a visa label in their passport to travel to, enter, stay or depart Australia. All visa information is available to airlines through the Advance Passenger Processing system which they have access to. We do however strongly recommend that you keep of copy of your visa grant notice with your passport as it contains all of the relevant information relating to your visa, such as, date of grant, date of expiry, visa grant number, period of stay permitted and visa conditions. If your Thai girlfriend has been granted a visa to visit you in Australia, it will most likely be a visitor visa under the tourist stream. This is because Thai nationals are not eligible for an ETA visa. To be granted a visitor visa your girlfriend had to satisfy the Department that she has a genuine intention to visit Australia temporarily as required by the Migration Regulations. Her visa grant notice will list all of the conditions attached to her visa, including her visa validity period. You will see from her visa grant notice that there is no actual requirement for her to have a return ticket. If it was, this would be a condition attached to her visa. Although there is no requirement for her to have a return ticket, very rarely now, some airline check-in staff may not fully understand this requirement and might ask to see a return ticket when she checks in at the airport. For this reason, we always advise clients to check with the relevant airline prior to travelling if they have only purchased a one-way ticket to Australia. If you can, get confirmation in writing that a return ticket is not required. When your girlfriend arrives in Australia, she may be asked questions about her stay by an officer at immigration clearance. They may want to know if she has a return ticket or the ability to purchase one to depart Australia prior to her visa expiring. You may have seen the popular TV series Border Security, where people arriving in Australia are asked any number of questions by immigration at the airport. These questions are asked to determine whether the a visitors intention is still continuing to visit Australia temporarily. If your girlfriend doesn’t have a return ticket, or able to show money to purchase one, perhaps because you are providing all financial support, she should simply tell the immigration officer that. If you provided a letter of support that was included with her tourist visa application, tell her to keep a copy with her passport. Another very useful tip is to make sure that she has your mobile number on her. If she encounters any problems at immigration clearance she can ask them to call you.
  15. Although a permanent visa allows you to remain indefinitely in Australia, you will need a resident return visa if you want to re-enter Australia after your travel facility expires. If you have being granted an Australian permanent visa, for example a partner visa subclass 100 or 801, you will be permitted to remain indefinitely in Australia from the date of each arrival. However, your partner visa will only allow you to return to Australia for a period of 5 years from the date of your visa grant. This travel period is referred to as the travel facility which is attached to a permanent visa. You can find all of this information on your visa grant notice or online through the Department’s Visa Entitlement Verification Online service. VEVO can be used to find out the following information relation to your current visa. which visa the expiry date the must not arrive after date the period of stay (how long you can stay) conditions (what you can and can't do). For travel to Australia after the last date that you must re-enter Australia by, you will need to apply for a resident return visa, commonly referred to as an RRV. If you are outside of Australia and you don’t have a resident return visa, you will not be permitted to return to Australia until you have been granted one. When should I apply for a resident return visa? Your visa grant notice will tell you the last date you must re-enter Australia by. Although you do not need a resident return visa to leave Australia, you will need one to return after this date. If you are intending to travel outside of Australia towards the end of your 5-year permitted travel period, we recommend applying at least 3 months prior to your intended departure date, as current Australian visa processing times for a resident return visa are between 2 days to 3 months from date of application. Do I qualify for a resident return visa? To qualify for a resident return visa, you must meet either the residence or substantial ties requirements. If you meet the residency requirement you will be granted a 5-year resident return visa, whereas a 1-year resident return visa will be granted if you meet the substantial ties requirement. What are the residency requirements for a resident return visa? To be granted a 5-year resident return visa you will need to have lived in Australia for 2 years (730 days) in the last 5 years as the holder of a permanent visa. If you do not satisfy the residency requirement, you will then need to meet the substantial ties requirement to be granted a 1-year resident return visa. What are the substantial ties requirements for a resident return visa? If you do not satisfy the residency requirements, you will need show that you have substantial ties to Australia, and that those ties are a benefit to Australia also. Substantial ties include the following: business ties cultural ties employment ties personal ties Is it a requirement that I have a resident return visa? Whilst your visa may be a permanent one, your ability to return to Australia is not. Whilst there is no actual requirement for you to maintain a resident return visa, not having one will impact on your ability to re-enter Australia. Many permanent residents that reside in Australia and have no intention of leaving may simply not have a current resident return visa. However, if they need to travel outside of Australia at short notice, perhaps for a family emergency, they will not be able to return unless they have been granted a resident return visa. For this reason, it is always recommended to keep your resident return visa current.
  16. Recently we had an inquiry from an Australian man living in Pattaya who wanted an Australian married partner visa for his Thai wife of almost six years. Because of his age he was no longer able to obtain affordable expat medical insurance in Thailand and had decided to make the move back to Australia with his wife as he could be better treated there under the Medicare system. He wanted to move back to Australia as soon as possible with his Thai wife and he approached us for professional Australian migration advice and assistance in order to make this happen. As he was legally married to his wife the correct visa pathway for her to migrate to Australia was a partner visa. A partner visa is for people that are either legally married or in a de facto relationship with their Australian partner. Where can I apply for an Australian partner visa? Our client wanted to know what partner visa, onshore or offshore, was best suited for his Thai wife? The answer to this was simple, and that is the one that best suits an applicant’s circumstances, and that they not only meet the criteria for, but are eligible to apply for as well. Although we were completely satisfied that both the applicant and sponsor met the partner visa criteria, because the applicant was located in Thailand, she was only able to apply for a partner visa in Thailand. This meant that she would need to be outside of Australia at both time of application and time of decision which could potentially be up to 20 months from date of application. If she wanted to visit her husband in Australia during this period, she would need to be granted a visitor visa. When it comes to partner visas, whether applying offshore or onshore, Australian visa processing times are very lengthy indeed. Our client had specifically informed us that it was his desire to move back to Australia with his wife as soon as possible. He also did not want the added expenses of applying for visitor visas for his wife, and flights back and forth from Thailand to Australia for what could be up to 20 months. How was our client was able to apply for a partner visa in Australia? On behalf of our client we firstly submitted a subclass 600 visitor visa under the tourist stream. Included with our client’s application was a lengthy written submission by us that addressed, with reference to the Migration Act and Regulations, the criteria for the grant of a visitor visa against our client’s circumstances. It also highlighted our client’s previous history of Australian visa compliance (she had previously travelled to Australia on 3 seperate visitor visas). Our objective was to submit a solid visitor visa application enabling the Department to make a favourable decision to grant her a visa. Our client was granted a 12-month multiple entry visitor visa permitting her to stay in Australia for a period of 3 months from the date of each arrival. Significantly her visitor visa did not have the Condition 8503 attached to it. This meant that whilst in Australia she could apply for the onshore partner visa. How can I guarantee that condition 8503 won’t be on my visa? The short answer is that you can’t, and nor can you ask for it not to be put on your visa. The best way to prevent it from being placed on your visa is by submitting a thoroughly prepared visitor visa application which leaves the Department with no doubt whatsoever that your intention is to visit Australia for a temporary visit only. In circumstances where the Department may have some residual concerns as to your genuineness, but these concerns are not enough to refuse your visitor visa application, this is when we usually see Condition 8503 imposed on a visitor visa. It is also important to note that for some visas, Condition 8503 must be imposed, that is, it is a mandatory condition. If our client had applied for a visitor visa under the sponsored family stream, then it would have had Condition 8503 attached to it, preventing her from applying for a partner visa in Australia. With regards to a visitor visa under the tourist stream, the Department had to discretion to imposed it or not, and in our client’s case the discretion exercised was to grant her a visitor visa without Condition 8503, therefore enabling her to apply for her partner visa in Australia.
  17. Firstly, you won’t find it written anywhere within the Migration Act and Regulations exactly how much money is needed to be granted a tourist visa. Except of course for the visa application charge that must paid to submit an application. For our Thai clients submitting a tourist visa application in Thailand to visit Australia, the current visa application charge is $140. There is also a fee of 850 Thai Baht which must be paid for the required biometrics which can be done in either Bangkok or Chiang Mai. In some cases, a tourist visa applicant may also be required to undertake a health examination or provide a Thai police clearance certificate. This will also incur additional charges. After you submit your application the Department will advise you of the requirement to provide biometrics. They will also advise you whether a health examination or Thai police clearance certificate will be required. In most cases they won’t be required, but this will depend upon the answers you have given in your application, and the period of stay you have requested in Australia. How much money do I need for my stay in Australia? This is different from the costs of applying for a tourist visa. Any visitor to Australia must have adequate means to support themselves, or access to adequate means to support themselves, during the period of their intended stay in Australia. It is very important to note that an applicant does not need to have their own funds. These can be provided by a relative of friend in Australia. However, an applicant’s own financial circumstances may determine whether they have a genuine intention to visit Australia. Should I deposit money into my Thai girlfriend’s bank account for her tourist visa application? Whatever you do with your money is certainly your business. However, we strongly advise against depositing money into an applicant’s bank account. Recently deposited funds may raise some suspicions as to whether the funds are personally owned by an applicant. A savings history is considered to be better evidence of the availability of the applicant’s adequate funds. Therefore, if you do deposit money into your girlfriend’s bank account, you must ensure that you address this in a letter of support that she would include with her tourist visa application. At Thai Visa Express we recommend against depositing funds into an applicant’s bank account, but instead providing a comprehensive letter of support which details all of the support your will be providing your Thai girlfriend whilst she in in Australia. It is also very important that you include evidence of your ability to provide any support offered. What is adequate means of support? When assessing whether a tourist visa applicant has adequate means of support, the Department will take into account what activities they plan to undertake whilst they are in Australia and what their accommodation/living arrangements will be whilst they are in Australia. For example, if your Thai girlfriend is coming to stay with you in Australia, and food and accommodation is provided by you, then she would not need to demonstrate the same level of funds as an independent traveller who is planning on travelling around Australia and staying in 5 star hotels.
  18. There is actually no limit to the number of times you can be granted a visitor visa, but this requires somewhat of an explanation. A visitor visa is for people that want to visit Australia for a temporary visit only. Most people generally apply for a visitor visa under the tourist or sponsored family visitor streams. These streams are for people that want to visit Australia for tourism or other activities such as: holidays or sightseeing social or recreational reasons visiting relatives or friends studying for less than three months other short-term, non-work purposes. What is a genuine visitor? A genuine visitor is someone that will not work illegally in Australia, not engage in studies or training for more than 3 months, and they will have, or access to, adequate means to support themselves during their visit to Australia. A genuine visitor is also someone that will depart Australia on or before their visitor visa ends, unless they apply for another visa prior to their current visa expiring. Can I study in Australia on a visitor visa? Yes. As long as your study does not exceed 3 months. If you intend to study for more than 3 months you will need to apply for, and be granted a student visa. How many times can I be granted a visitor visa? As we have previously stated there is no limit to the number of times you can be granted a visitor visa. However, the frequency and duration of your previous visits to Australia may lead to a determination that you are not intending to use a visitor visa for tourism or the purposes for which that visa is supposed for. A visitor visa is not intended to allow people to remain in Australia on an ongoing basis. When the Department assess a visitor visa application, they will need to consider whether an applicant is attempting to use a visitor visa to effectively live in Australia. Of importance to the Department will be how often an applicant has previously visited Australia or the length of each previous stay in Australia. At Thai Visa Express we have seen instances where applicants with a solid history of previous Australian visa compliance have been refused a visitor visa because the Department has taken the view that they are attempting to maintain residence in Australia through the use of multiple visitor visas, which is not want a visitor visa is intended for. The length of each visit to Australia that a person has previously made, and the time spent outside of Australia in between each visit will be taken into consideration. A visitor is generally expected to spend as much time outside of Australia as in. However, it is also important to note that this is policy only. There is no requirement under the Migration Act and Regulations that states how long a person must remain outside of Australia in between visits, and as such every visitor visa application must be assessed on its own merits.
  19. We are often asked by clients, what is the difference between a spouse and a partner visa? The easiest way for us to explain this, is by telling them that there is in fact only one visa, and it is called a partner visa. A partner visa is available to the de facto and spouse partners of an Australian citizen or Australian permanent resident. This visa allows them to reside permanently in Australia. After a qualifying period, an Australian permanent resident can apply to become an Australian citizen. Although there is only one partner visa, depending upon where you apply from, will determine the specific partner visa you must apply for. If you apply outside of Australia, you must apply for the partner visa (subclass 309 and 100), whereas if you apply in Australia, you must apply for the partner visa (subclass 820 and 801). What is a prospective marriage visa? If you do not meet the partner visa criteria, you may want to consider a prospective marriage visa (subclass 300). This is for people that are not legally married or in a de facto relationship with an Australian citizen or Australian permanent resident but have a genuine intention to marry in the future. For this reason, it is often also referred to as an Australian fiancé visa. What is the difference between spouse and de facto? For partner visa purposes a spouse is someone that is legally married to another person, whereas de facto is someone that is not legally married to another person but meets the de facto relationship criteria provided for in the Migration Regulations. Common to both is that the relationship must be genuine and continuing, and to the exclusion of all others. All partner visa applications are thoroughly assessed by the Department to ensure that a partner visa is only granted to those that meet the stringent eligibility criteria provided for in the Migration Act and Regulations. What is the difference between a temporary partner visa and a permanent partner visa? Whether you apply for a partner visa offshore or in Australia, you will see that the visa includes two numbers. For example, if your partner applied for a partner visa in Thailand, it will be the partner visa (subclass 309 and 100). The first number (309) relates to the temporary partner visa, whereas the second number (100) relates to the permanent partner visa. This is because when you apply for a partner visa you are actually be making a combined application for both the temporary and permanent partner visas. However, you will not be eligible for consideration for the grant of the permanent partner visa until two years has passed since you first applied. Can the permanent partner visa be granted straight away? In some circumstances the Department may grant the permanent partner visa without the temporary partner visa. This can be where a relationship is long term or there is a child or children born into the relationship. A long term relationship is considered to be 3 years immediately prior to the date of application and does not take into account any periods of dating. It should note that just because your relationship is long term or you have a child or children born into your relationship, that you will be automatically granted the permanent partner visa as this is a discretion that may be exercised by the Department, and not something that they must do. Please do not hesitate to contact us at Thai Visa Express if you would like any further information on applying for an Australian partner visa
  20. If you are an Australian citizen or Australian permanent resident your Thai wife may be eligible to apply for a partner visa to migrate to Australia. To be eligible for a partner visa you must be either legally married or in a de-facto relationship with your Thai partner. Supporting evidence must be provided that evidences that your relationship is genuine and continuing, and to the exclusion of all others. If you are not legally married or in a de-facto relationship you may want to consider a prospective marriage visa. Is a traditional Buddhist ceremony recognised as a legal marriage? No, it is not. Whilst a traditional Buddhist ceremony may be evidence of the genuineness of your relationship, it is not not legally recognised for Australian visa purposes. For a marriage in Thailand to be recognised it must be registered at a local district office in Thailand. How long for does it take for a partner visa to be granted? Partner visa processing time frames vary depending upon a number of factors. It is not uncommon for a partner visa to take up to two years to be granted. An applicant can avoid any unnecessary delays by providing all support documentation in a timely manner, and responding to any Department requests for further information within the time frame stipulated. How much does a partner visa cost? Partner migration is by no means inexpensive. The current partner visa application fee is $7160. This fee will increase by a further 5.4% on the 1 July 2019. If the application also includes any children, there will be an additional application fee for each child. In addition to the partner visa application fee, there will be additional charges for any required medicals, police checks and document translations. Can my wife apply for a partner visa in Australia? If your Thai wife wants to apply for a partner visa in Australia, she must be in Australia at time of application and holding a valid visa which does not have the Condition 8503 ‘no further stay’ attached to her visa. For example if your wife is in Australia on a subclass 600 visitor visa which has Condition 8503 attached to it, she will be prevented from applying for a partner visa whilst she is in Australia. Can my wife visit Australia during the processing of her partner visa application? Yes, she can apply for a visitor visa during the processing of a partner visa application. This what many of our client’s choose to do so as to lessen the time they have to spend apart from their partner. If your wife wants to visit you in Australia during the processing of her partner visa application, she will need to apply for another visa which allows her to do so, for example, a subclass 600 visitor visa. Even though she has made an application for a partner visa in Thailand, her visitor visa application must still evidence that her sole intention is to visit Australia as a genuine temporary visitor only. My wife has children from a previous relationship. Can they be included in her partner visa application? You wife’s children can be included in her partner visa application as secondary migrating applicant’s. There will be an additional visa application charge for each child that is added to her application. If you require any assistance in obtaining a partner visa for your Thai wife to migrate to Australia, please no not hesitate to contact us at Thai Visa Express for more information
  21. With the offshore processing time frames for both partner visa and prospective marriage visa applications taking almost two years from date of application, many visa applicants might want to apply for a visitor visa during the processing of a partner application so that they can visit their loved ones in Australia during this time. Although any length of stay granted is at the discretion of the Department, it is not uncommon for a one-year multiple entry visa to be granted in these circumstances. If you have applied for either an offshore partner visa or a prospective marriage visa, you can apply for a visitor visa at any time up until your visa has been granted. Your visitor visa application must still meet all of the criteria necessary for the grant of that visa. If it doesn’t, your visitor application will be refused. It is certainly not uncommon for partner visa applicant’s to be refused a visitor visa because they have provided an insufficient visitor visa application which does not meet the criteria for the grant of that visa. Can my partner visa be granted while I am in Australia? If you have applied for an offshore partner visa or a prospective marriage visa, it is a legal requirement that you must be outside of Australia at both time of application and time of decision. Your visa cannot be granted whilst you are in Australia. For this reason, it is very important to keep the Department update up to date with regards to your current address and contact details. If you are in Australia, the Department will generally contact you if they are ready to make a decision on your visa application. You must then leave Australia for your partner visa to be granted. How long will my partner visa application taken to be processed? Processing time frames for all Australian visa subclasses vary and fluctuate for a number of reasons. If you have applied for an offshore partner visa or prospective marriage visa, be prepared for lengthy wait. You can avoid any unnecessary delays in the processioning of your visa application by providing all supporting documents in a timely manner and responding to any further requests for information promptly and without any unnecessary delay. What should I include in my visitor visa application? Many people fall into the trap of believing that because they have applied for a partner visa, this will somehow guarantee the success of their visitor visa application. This is simply not the case. A partner visa application and a prospective marriage visa application are assessed on entirely different criteria, and having simply made on of these applications, it has yet to be assessed by the Department. It is therefore extremely important to submit a thoroughly prepared visitor visa application which evidences that your sole intention is to visitor Australia as a genuine temporary visitor only. The fact that you have made a partner visa application will not guarantee the success of your visitor visa application. Please do not hesitate to contact us as Thai Visa Express if you would like any further information on applying for an Australian visitor visa during the processing period of your partner visa application.
  22. To be granted an Australian visitor visa (subclass 600), a visitor visa applicant must ‘genuinely intend’ to stay temporarily in Australia. In determining whether this intention exists the decision-maker must take into consideration the following three matters: Does the applicant have a history of Australian visa compliance? Whether the applicant intends to comply with conditions of their visitor visa? Any other relevant matters? What is previous visa compliance? In determining whether a visitor visa applicant has a history of Australian visa compliance, the decision-maker will examine whether the applicant has previously visited Australia, and if so, did they comply with the conditions of their last visa, including departing Australia before their visa expired. If they did not comply with the conditions of their last visa, were their circumstances that were beyond their control that caused them to not comply with the conditions of their last visa. At Thai Visa Express we recently represented a client from Thailand who had overstayed their student visa by just one week. In a detailed submission in support of our client’s current visitor visa application we successfully submitted that our client had substantially complied with the conditions of their previous visa, which resulted in our client satisfying the decision-maker that they had a positive history of Australian visa compliance. What is an intention to comply with an Australian visitor visa? In determining whether a visitor visa applicant has an intention to comply with their visitor visa, the decision maker will consider the following: Is there any evidence to suggest that the visitor visa applicant may work in Australia contrary to the conditions of a visitor visa? If the applicant has applied for a long period of stay in Australia, what will they be doing whilst in Australia, and how will they be supporting their visit without working in Australia? Is there any evidence that the visitor applicant intends to study more than 3 months in Australia? What are the any other relevant matters? Some of the relevant matters that the decision maker may into consideration in determining whether a visitor visa applicant genuinely intends to visit Australia temporarily include the following: Personal circumstances of the applicant What personal circumstances of the applicant exist that might encourage them to return home to their country at the end of their proposed visit to Australia. This might include the following: family ties in their own country, any significant assets or property that they have in their own country, and whether the country they are from represents a high risk of non-compliance with Australia’s immigration laws. Credibility of the applicant Has the applicant provided any false or misleading information in support of their visitor visa application? Is the applicant a person of good character to be granted a visitor visa? Purpose and period of stay in Australia by the applicant Whether the applicant’s proposed visit and period of stay to Australia is consistent with visiting Australia for tourism purposes. Previous immigration/travel history Of relevance will also be previous visa compliance with countries that may have economic or personal circumstances existing for an applicant to remain in that country.
  23. A question that we are often asked by client’s is whether they should apply for a partner visa in Australia or offshore. Both have certain advantages and disadvantages. Applying for a partner visa in Australia To apply for a partner visa in Australia, an applicant must be in Australia at time of application and holding a visa which allows them to apply for another visa whilst they are in Australia. For example, if your Thai wife applies for and is granted a visitor visa under the sponsored family stream, then her visitor visa will have the Condition 8503 no further stay attached to it. This means that she will be prevented from applying for a partner visa in Australia unless she can have the condition 8503 removed from her visa. This can only be done in very limited circumstances. If your Thai wife applies for a visitor visa under the tourist stream, her visitor visa may or may not have Condition 8503 attached to it. If it doesn’t, she will be able to apply for a partner visa in Australia. At Thai Visa Express the majority of our clients apply for visitor visas under the tourist stream. We rarely have applicants who apply under the sponsored family stream. Assuming that your Thai wife is able to apply for a partner visa in Australia, she will need to make a valid application prior to her current visa expiring. Once she makes her application, she will be granted a Bridging Visa A which will allow her to remain lawfully in Australia until a decision is made on her partner visa application. It is very important to note that the Bridging Visa A will not become active until her current visa ceases. Until then she must continue to comply with all of the conditions of her current visa. The processing time for an onshore partner visa application can take up to 2 years. During this time your Thai wife will be entitled to Medicare and have unlimited work and study rights. However, if she wishes to leave Australia during time she will need to apply for and be granted a Bridging Visa B. To be granted a Bridging Visa B to depart and return to Australia during the processing period of her partner visa application she will need to show that she has a substantial need to travel. Applying for a partner visa offshore To apply for a partner visa outside of Australia (offshore) your Thai wife must be outside of Australia at both time of application and decision. If she wishes to visit you in Australia during the processing period, she will need to apply for a visa which allows her to do so, for example a visitor visa. Any period of stay in Australia will be at the discretion of the Department. My wife has applied for a partner visa, can she be granted a visitor visa? The processing time for an offshore partner visa is up to 18 months from date of application. As previously stated, your Thai wife must be outside of Australia at both of time of application and time of decision. If she wants to visit you in Australia during this period, she must be granted a visitor visa. Many people mistakenly assume that because they have applied for a partner visa, that this automatically entitles them to a visitor visa. This is simply not the case. A partner visa and a tourist visa are assessed on very different criteria, and as such your Thai wife’s partner visa application is yet to be tested. Any visitor visa application must address all of the criteria for the grant of a visa which shows that the applicant’s intention is to visit Australia as a genuine temporary visitor only.
  24. Condition 8503 is the ‘No Further Stay’ condition that prevents the visa holder from applying for another visa, subject to very limited exceptions, whilst they are in Australia. For example, if you are in Australia on a visitor visa that is subject to Condition 8503 you will not be able to apply for a partner visa whilst you are in Australia. If you wish to apply for another visa you will have to apply whilst you are outside of Australia. How can I tell if my visa has Condition 8503? Your visa grant notice will list all of the conditions that your visa is subject to. You can also check your current visa status, and any conditions attached to your visa, through the Department’s Visa Entitlement Verification Online (VEVO) It is the responsibility of all visa holders to be fully aware of all of the conditions attached to their visa. Failure to comply with a visa condition can have serious consequences, including having your visa cancelled. If your visa is cancelled whilst you are in Australia, you will become an unlawful non-citizen, and may be removed from Australia. Will my visa have Condition 8503? This will depend on the visa that you have been granted. For some visas, Condition 8503 cannot be attached, for others it may be attached, and for some it must be attached. Here are some examples: Electronic Travel Authority (subclass 601) – Condition 8503 cannot be attached Visitor visa – tourist (subclass 600) – Condition 8503 may be attached Visitor visa – sponsored family stream (subclass 600) – Condition 8503 must be attached Can I ask for Condition 8503 not to be on my visa? No, you cannot ask the Department to not attach Condition 8503 to your visa. Can I have Condition 8503 removed from my visa? To have Condition 8503 removed from your visa, you will need to be granted a waiver of the ‘No Further Stay’ condition. A waiver can only be granted if ‘compelling and compassionate circumstances have developed since you were granted your visa, over which you had no control, and these circumstances have resulted in a major change to your circumstances’. How do I request a Condition 8503 waiver? You will need to provide supporting evidence to the Department that supports your no further stay waiver request. This can be done using the Department’s Form 1447. It is essential that your request meets the criteria for a waiver. If it doesn’t, your waiver request will not be successful. How long does a Condition 8503 waiver request take? A waiver is not automatic. Your waiver request will be decided by assessing your circumstances against the criteria for a successful grant of a waiver. A waiver request can take many weeks to be decided. If your waiver request is not decided before your current visa ends, you will become an unlawful non-citizen, and may be removed from Australia. If you feel that you may be eligible for a Condition 8503 please contact us at Thai Visa Express for more information.
  25. We were recently retained by a client whose Thai girlfriend was refused a visitor visa to visit her boyfriend in Australia. After thoroughly reviewing the first application that was submitted by the applicant, we were able to prepare and submit a subsequent visitor visa application which adequately addressed the reasons for the refusal. We also submitted on behalf of our client a detailed written submission, with reference to the Migration Act and Regulations, and Government policy, outlining why the applicant met the criteria for the grant of a visitor visa. Yesterday our client was granted a 12 month multiple entry visitor visa without Condition 8503 attached to it. Thai Visa Express is an Australian visa agent based in Pattaya, Thailand. We specialise in visas for Thai's who want to visit Australia either temporarily or to stay permanently.
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