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sylerz

Thai girlfriend almost denied entry to Australia

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Big panic yesterday. My Thai girlfriend landed in Brisbane and got the third degree by some immigration officer. Said she has been coming to Australia too much on a visitor visa and not spending enough time outside of Australia. Quizzed her about what she was doing in Australia, where she was staying, who was supporting her etc. She told the lady that she was staying with me and also done so on every other visit. In no uncertain terms the lady told her that if she came back again without spending more time back in Thailand she would probably get her visa cancelled. Can they do that? She also said that as she was in a relationship with an Aussie she should apply for a partner visa. Really worried as she will be here now for 3 months and then we will both go back for Songkran. Plan was for her to then come back in May for another 3 months. Really worried about this now. Any suggestions team?? 

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34 minutes ago, sylerz said:

Big panic yesterday. My Thai girlfriend landed in Brisbane and got the third degree by some immigration officer. Said she has been coming to Australia too much on a visitor visa and not spending enough time outside of Australia. Quizzed her about what she was doing in Australia, where she was staying, who was supporting her etc. She told the lady that she was staying with me and also done so on every other visit. In no uncertain terms the lady told her that if she came back again without spending more time back in Thailand she would probably get her visa cancelled. Can they do that? She also said that as she was in a relationship with an Aussie she should apply for a partner visa. Really worried as she will be here now for 3 months and then we will both go back for Songkran. Plan was for her to then come back in May for another 3 months. Really worried about this now. Any suggestions team?? 

Your girlfriend should take this warning very seriously. The frequency and duration of her previous visits to Australia has raised suspicions that she may no longer have an intention to visit Australia as a genuine temporary visitor. This has also been covered here: How many times can I visit Australia on a visitor visa?

A visitor visa is not intended for the holder to maintain residence in Australia through the use of multiple visitor visas. Exactly how many times has she visited Australia in the past, frequency and duration etc? You might want to consider a permanent visa option for her at this stage.


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.

 

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1 hour ago, sylerz said:

In no uncertain terms the lady told her that if she came back again without spending more time back in Thailand she would probably get her visa cancelled. Can they do that? 

IMMI are getting very tough with Thai Nationals and back to back VV's.

Yes they can.  Immi has the power to cancel a VV, if they feel it is not being used for the right purpose.  In your GF case, she is not a genuine tourist. They also have the power to refuse entry at time of arrival even if you have a valid visa, on the basis that the traveller does not meeting all the criteria.  A common one is lack of funds or access to funds for your return flight, can get you denied entry.   I know of several cases where multi entry VV holders are denied entry, due to the long term stay issue.

Based on the IMMI Officers behaviour, I would say its safe to say she is on a watch list, and she will get ever increasing scrutiny each arrival.  IMHO (based on what you have told us) it is likely she will be denied next entry.  Also, I imagine the warning she received is on record.

As Thai Visa said, start to plan a PV.  If the current VV does not have a Condition 8503 attached, then you can apply onshore for a PV.  The BV you will recieve when you apply, will allow her to stay and travel during the processing period.


 

 

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.

 

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23 minutes ago, AussieDude said:

As Thai Visa said, start to plan a PV.  If the current VV does not have a Condition 8503 attached, then you can apply onshore for a PV.  The BV you will recieve when you apply, will allow her to stay and travel during the processing period.

Thanks. What is condition 8503, and can we apply for a partner visa, we aren't married. Been together 3 years though. Appreciate the input.

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4 minutes ago, sylerz said:

Thanks. What is condition 8503, and can we apply for a partner visa, we aren't married. Been together 3 years though. Appreciate the input.

Apologies.  Condition 8503 No Further Stay.  Means you must leave at the end of the visa and there is no way to extend or apply for another visa onshore.

Yes, Australia and the PV stream recognises de facto relationships such as yours.  But you must meet the criteria.  Do some reading on the PV for de facto.


 

 

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.

 

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3 hours ago, sylerz said:

Thanks. What is condition 8503, and can we apply for a partner visa, we aren't married. Been together 3 years though. Appreciate the input.

As AussieDude has said, if her visa has Condition 8503 attached she will not be able to make an onshore application for any other visa. Her visitor visa grant notice will list all the conditions attached to her visa.

 

3 hours ago, sylerz said:

Thanks. What is condition 8503, and can we apply for a partner visa, we aren't married. Been together 3 years though. Appreciate the input.

To be eligible for a partner visa you both must be legally married or in a de facto relationship. There is also certain relationship criteria that must be satisfied.  For de facto the relationship must have existed for at least 12 months immediately prior to the date of application. However some states allow for two people to register their relationship (QLD, NSW and VIC). If a relationship is registered, then the 12 months minimum relationship period does not apply. In your opening post you mentioned that your girlfriend arrived in Brisbane, so I am assuming that you reside in Queensland. If so, you may want to consider registering your relationship. 


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.

 

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43 minutes ago, AFV said:

As AussieDude has said, if her visa has Condition 8503 attached she will not be able to make an onshore application for any other visa. Her visitor visa grant notice will list all the conditions attached to her visa.

 

To be eligible for a partner visa you both must be legally married or in a de facto relationship. There is also certain relationship criteria that must be satisfied.  For de facto the relationship must have existed for at least 12 months immediately prior to the date of application. However some states allow for two people to register their relationship (QLD, NSW and VIC). If a relationship is registered, then the 12 months minimum relationship period does not apply. In your opening post you mentioned that your girlfriend arrived in Brisbane, so I am assuming that you reside in Queensland. If so, you may want to consider registering your relationship. 

So if we apply for a partnership visa, does this then allow her to live in Australia?

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1 hour ago, sylerz said:

So if we apply for a partnership visa, does this then allow her to live in Australia?

First of all you need to determine eligibility. Please feel free to contact us at Thai Visa Express. We would be more than happy to offer you a free visa assessment. You might also want to read a very relevant post on this exact topic that was posted by us in May of this year: De-facto visa for Thai partner to migrate to Australia


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.

 

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