Tourist visa extension

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Tourist visa extension


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  #1 (permalink)  
Old 11-22-2009, 08:43 PM
 
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Tourist visa extension

Hello all,

Can anyone assist with information and or ideas on how to have a tourist visa extension approved where the original visa was stamped with 'Not for further travel'. The predicament faced is that my daughter in law is to give birth around the 26th of February, 2010. The original 3 month visa for her sister was issued to expire on 03.02.2010. The DIL's sister is in Australia now and would like to stay in Aust. for an additional 3 months to help the DIL with their 1st child whilst in hospital for the 2nd child. Has anyone had any success in having an initial tourist visa extended when it has been marked not for further travel and if so what supporting information was used to assist the application? Any help would be greatly appreciated.



Thanks in advance,

Trekkertony


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Old 12-02-2009, 02:37 AM
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Hi Tony,

I've had no experience but there is a waiver application that can be made and the earlier the better from a read of
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"

I'd have her assemble all the stuff required and have the story re the birth [if there was anything that was making the pregnancy to be more onerous than first thought, that might help] and wanting to help her sister is quite compassionate.

And if she gets on down to the DIAC office in capital city - best to be there a bit before opening time and get in quick and take a ticket if that is the process and that'll minimise the time/wait - and submit the application.

Be interested to see how it goes for it'll be good value re any future enquiries.

In doing it early, the sister can then look at a Plan B and that could be a trip abroad to NZ, Malaysia or Singapore depending on where in Oz this is happening, the latter two being serviced by Welcome to AirAsia.com, The World's Best Low-Cost Airline and Welcome To Tiger Airways with pretty cheap flights and even if it could be a longer trip there is a possible advantage over NZ.

To do a border run to NZ you need to have an onward flight booked to a country that you have a right of entry to and booking flights as far in advance as possible will keep cost down, [all the more reason to get a waiver application in ASAP].

The approach to NZ would be to book a return flight back to Oz for at latest the day before the tourism visa would expire.
On landing in NZ however she ought to jump on a computer [Auckland has them at a little visitors alcove just around to left of exit from customs] and put in an application for an ETA - Electronic Travel Authority (ETA) - Online Applications or an eVistor if she is from the UK/Europe for it is free.
But if she feels as if she may want to stay longer, the ETA would allow another trip out and back in and only costs $20.

Hopefully, she'll not need to resort to a border run.

I'll also move this to the Visas section Tony

Good Luck.





Last edited by Wanderer; 12-02-2009 at 03:44 AM.

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Old 12-02-2009, 04:29 AM
 
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Thanks for the reply, l'll post the result of our endeavours as soon as known


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Old 12-02-2009, 11:33 AM
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Hi there, before you do anything could you let us know exactly (word for word) what her visa label says, including visa conditions and what you mean by having the visa stamped 'not for further travel'. 'Not for further travel' is different to 8503 'no further stay'. Also, let us know when she entered Australia. Do not yet apply for a waiver, a decision on a waiver is non-reviewable, unless there is a serious misapplication of law, in which case she would have to go to court. You need to know exactly what you are doing. Just post us her info from the visa label.
Cheers
dorota


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Old 12-03-2009, 12:39 AM
 
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Hi Dorota,

The date of arrival was 03.11.2009. The visa is endorsed with "not valid for further travel' does this change the advice previously given

Thanks in advance,
Trekkertony


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Old 12-03-2009, 12:58 AM
 
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visitor visa - change to 457 business visa

Hi
I'm new to the forum so don't know how to start new thread, however I have a similar prob. I came over on an e- visa and applied for a visitor visa. While the application was being processed ( i was on a bridging visa, it took nearly 2 months for my application to be successful) I was offered a job teaching in Western Australia desert. I went to visit and filled in with my employer a 457 application. When I arrived back home my visa was granted with a 8503 restriction but allowing multiple travel. The visa lasts until 2nd of Jan 2010. My question is do I leave the country now and re-apply offshore and come back on an e-visa. Or wait until I hear from Perth where the 457 is lodged or wait until my visitor visa runs out then apply offshore. I think I got the restriction because I made the mistake of ringing my case officer for advise when applying for the visitor visa.
I hope someone can help.


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Old 12-03-2009, 01:49 AM
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Hi there
To Trekkertony I say that, if there is no 8503 condition (no further stay) tehn the daughter can apply for further visitor visa without problems, state the reasons of coming childbirth, etc and she will get it. Not valid for further travel means that the visa she has is a single entry only, she can't go out of Australia and re-enter on this visa. It would still help if you could quote exactly what the visa says, so maybe i could explain more.
To lynnlarner I say: again too little information. From what you saying I am a bit concerned that that you may have applied for 457 visa after you have been on bridging visa for more than 28 days. This could render your application invalid.
Cheers
dorota


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Old 12-03-2009, 02:14 AM
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Quote:
Originally Posted by trekkertony View Post
Hi Dorota,

The date of arrival was 03.11.2009. The visa is endorsed with "not valid for further travel' does this change the advice previously given

Thanks in advance,
Trekkertony
Hi Trekkertony,

There is too little information in your post to give any solid advice. I am assuming that “No further travel” may have been stamped on the visa on entry as it may have been a single entry visa.

Whether this can be extended on-shore will depend on many factors such as visa subclass, visa conditions, country of passport, etc.

If she is able to extend the visa while on shore, I would advise caution with regards to the reasons given for extending. I someone were to present to the Immigration Department and advise that they want to extend their tourist visa to look after their sisters child while she is in labour, this could be viewed negatively and considered as inconsistent with the purpose of a tourist visa.

She has a fair amount of time left, so do your reaserch well and you should be OK.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699, Home


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Old 12-03-2009, 02:45 AM
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Yes Tony,
My apologies for I took "no further travel" to be "no further stay" and two different scenarios as Raul indicates and also some wariness as he says ought to be applied in seeking an extension for DIAC can apply the regulation quite firmly in some cases and though staying with your sister could be construed as visiting/tourism, putting information about the pregnancy could have it being seen as otherwise.

Seek an extension and reason being "just to see more of Australia and stay with family" is keeping it simple and it's the sort of thing that is probably done quite often so she need not be alarmed about it.
Plan B still being the alternative.





  #10 (permalink)  
Old 12-03-2009, 11:28 PM
 
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Hi Dorota
Thanks for your reply
My e- visa ran out 8th October I was granted bridging visa 1st october and visitor visa granted 26th November. I applied for 457 visa on 18th November. (posted 19th)
hope this helps
Cheers
Lynn


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