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Discussion Starter · #1 ·
On my latest entry to Australia via a valid ETA visa (my 3rd entry on this current ETA), I was advised by the Border Official to apply for other substantive visas if I plan to enter Australia again next. I am here to visit my boyfriend and the country. I have been abiding to all the conditions stated - no work, no overstay, etc. There is no NFS on my visa.

My current stay is coming to a 3 month stay now (the validity) but I should still be able to use that ETA visa to enter Australia before its expiry. Or that be too risky where they might send me home on the next flight? Would they be able to check their record and notice that they would want me to enter via another visa?

My reason to extend my stay here is so that I can apply for a Partner Visa on shore. We are only 1 month shy of the 12 months De Factor relationship. I read somewhere that we should NOT mention the plan to apply for Partner Visa when applying for Visitor Visa.

Which is a better bet in this case? Apply for a Subclass 600 now or exit and return to Australia one more time with the current ETA?
 

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They keep notes, you will likely be refused entry if you try again. A Visitor Visa would also be a chance of refusal (you have been her a lot) as it is not to be used as a "rolling visa".

Never mention that (to apply partner visa) - a refusal is on one of todays posts for that very reason.

Are you talking living together for 12 months? or your relationship only started 11 months ago?

Can you register your relationship?
 

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Unfortunately, the DIBP website states specifically, "An ETA is not designed to allow repeated extended stays in Australia. If you want to spend long periods in Australia for tourism purposes you can consider applying for Visitor visa (subclass 600) or an alternative visa that suits your purposes."

So this response should have been expected eventually if that's what you were using it for.
 

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If you have already received a warning, your best option will probably be to apply for the partner visa before the current 3 month period is up.
 
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On my latest entry to Australia via a valid ETA visa (my 3rd entry on this current ETA), I was advised by the Border Official to apply for other substantive visas if I plan to enter Australia again next. I am here to visit my boyfriend and the country. I have been abiding to all the conditions stated - no work, no overstay, etc. There is no NFS on my visa.

My current stay is coming to a 3 month stay now (the validity) but I should still be able to use that ETA visa to enter Australia before its expiry. Or that be too risky where they might send me home on the next flight? Would they be able to check their record and notice that they would want me to enter via another visa?

My reason to extend my stay here is so that I can apply for a Partner Visa on shore. We are only 1 month shy of the 12 months De Factor relationship. I read somewhere that we should NOT mention the plan to apply for Partner Visa when applying for Visitor Visa.

Which is a better bet in this case? Apply for a Subclass 600 now or exit and return to Australia one more time with the current ETA?
I was in exactly the same situation but in May 2012

1) First entry, stayed 2 and half months (Brisbane)

2 weeks to NZ

2) Second entry back into (Brisbane) stayed 1 and a half months

out for 2 months to Malaysia

3) Third entry back in Sydney stay for 2 months

out 2 weeks to Malaysia

4) Fourth entry back to Sydney and apply for 820/801

No questions asked. No mention of partner visa anytime.

But things may have changed.

If you're going on the ETA route, here're some tips for you.

1) Try going into Australia from another different port of entry from your last port of exit.

2) Try to stay away from Australia for a longer period of time before flying in.

3) Have a planned itinerary on your stay in Australia. So you can in 30 secs explain what you're doing in this trip.

The rationale is simple: the above three points make it less likely that you're working illegally and your purpose is to visit for tourism.

3) Use the Smart Gate on arrival. Sydney has it. I'm not sure about other port of entries. Athough not advertised, Malaysia passport holders are allowed to use the smart gate on entry. I know this for a fact. This will minimise contact with any border officers.

Good luck in whatever you choose to use. Hang on there, love will overcome the obstacles.
 

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3) Use the Smart Gate on arrival. Sydney has it. I'm not sure about other port of entries. Athough not advertised, Malaysia passport holders are allowed to use the smart gate on entry. I know this for a fact. This will minimise contact with any border officers.
Most likely their passport is flagged so they will be stopped at the egates anyway.

Immigration know who they are going to stop for questioning before the plane even takes off from its origin.
 

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Discussion Starter · #8 ·
They keep notes, you will likely be refused entry if you try again. A Visitor Visa would also be a chance of refusal (you have been her a lot) as it is not to be used as a "rolling visa".

Never mention that (to apply partner visa) - a refusal is on one of todays posts for that very reason.

Are you talking living together for 12 months? or your relationship only started 11 months ago?

Can you register your relationship?
We would have been living together for 11 months by the time my 3 months stay is up.
 

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The actual requirement is for a 12 month relationship (not living together) for a de facto application.

So how long have you been in the relationship?
 

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What a de facto relationship is

You and your partner are in a de facto partner relationship if all of the following applies:
•you are not legally married to each other
•you are committed to a shared life to the exclusion of all others
•your relationship is genuine and continuing
•you live together or do not live separately and apart on a permanent basis
•you are not related by family.

Your relationship can be with someone of the same or different sex.

Length of relationship

Usually, your de facto relationship must have existed for at least 12 months immediately before you apply for the visa.

Time spent dating or in an online relationship does not count as being in a de facto relationship.

If your de facto relationship has existed for less than 12 months, you might still be eligible for the visa. Find out if you do not need to meet (are exempt from) the one year relationship requirement.
 

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Hi,

I am from Malaysia too.and we are on the same boat. On my third entry, an officer was watching me while queuing, i noticed it. And when it was my turn, i was taken to another place and talked to an officer asking the purpose of my visit. so they know who they want even before u get there. they have the record.

She warned me to go home in a month time, eventho i have the 3 month . i am in the midst of lodging my application this week.

You have been talked to by the officer, so they might have put that on your record.

So my advise is, no. dont go out and in again. you dont want to go through the interrogation (I nearly cried) . Register your relationship and apply asap.
 
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Discussion Starter · #14 ·
What state do you live in? Some states allow you to register the relationship which waives the 12 months living together. Otherwise, your other option is to get married.
Thanks, that is helpful. Register for a relationship is does not mean marriage?
 

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Thanks, that is helpful. Register for a relationship is does not mean marriage?
No it is not marriage.

But ------------------- it is best you answer our questions before you ask more questions.

We know more than you and know what needs to be known before the next step can be taken.

It is very difficult to explain without confusing you.

But if you get asked a question answer that question/s - it helps you.

So a question I think asked is what state are you in (or can you register your relationship). Don't answer with a question, it will not help you.
 

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You should be able to register your relationship in NSW - that removes the 12 month relationship requirement.

Now you need to wait while I go back to page 1 to read your story again ( we often post many posts a day on many threads - prompt answers help and stop us from confusing between threads.)
 

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Ok persons posting their time line and stuff on your thread is not helpful and just confusing!

How long have you been in this relationship?
as by being known by others and not online.

You have a time issue and I am not sure how long registration takes, this is a time of application thing.

So how long do you have on your current visa entry?

Do you have enough relationship evidence to apply for a Partner Visa?
 

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Discussion Starter · #19 ·
Ok persons posting their time line and stuff on your thread is not helpful and just confusing!

How long have you been in this relationship?
as by being known by others and not online.

You have a time issue and I am not sure how long registration takes, this is a time of application thing.

So how long do you have on your current visa entry?

Do you have enough relationship evidence to apply for a Partner Visa?
We have been in a relationship for 11 months. We have known each other in person and as friends for 7 months prior to committing in a serious relationship.

I have until 12 June 2017 for my 3 months stay to be up. My ETA visa is expiring 21 June 2017.

We have emails, messages, photos, videos to show about our relationship.

Thanks for attending to my case.
 

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How do you count the starting point of your relationship?

You I think are too late to register your relationship (30 days to get certificate)
Too late to marry need 30 days minimum notice before marriage.
 
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