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Old 02-01-2014, 08:39 PM
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New here so please exuse if on the wrong area but i need some advice.... Heres the situation:
I used a visa agent reccomended by many here for my girlfriend (over a year now)
The letter from here employer stated she had a week holiday, we always planned on her resigning so i told the agent to send me a template that didnt require the mentioning of dates he said dont worry they always give 3 months regardless, we were told the visa had come in and i paid the substantial fee and he sent the visa my girlfriend just sent me a photo of the visa and its for only ONE MONTH no further stay, i rang the visa agent and he said oh sorry, i didnt even read the visa- WTF an agent that doesnt even read visas when they come in?
The drama is that i have moved states, changed jobs, rented a house, my girlfriend resigned and we have moved out of our place in thailand and one month is just not going to be enough time. We do intend to marry but didnt want a perspective marriage visa because we want to marry on our terms not diac terms. All said and done with only one month we could of just taken time off work and not changed anything, i really feel let down by the agent i dont think he personally gave enough attention to my application and left it up to his staff who never read the emails i sent to him
What are my options for my girl to stay longer, we can not accomplish what we need to do in one month and it is financially a waste of time
Any help people?


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Old 02-01-2014, 10:34 PM
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I assume your plan was for you both to move to Australia with her on this tourist visa and apply for an onshore partner visa? Unfortunately it's always possible for tourist visas to come with a No Further Stay condition and this is a risk when planning to apply for an onshore visa. So blaming your agent for something he has limited control over isn't going to change anything.

I have no suggestion other than decide whether you remain in Thailand to apply for an offshore partner visa, or she applies for the PMV.

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Old 02-01-2014, 10:41 PM
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Hi Danvisa,

You are clearly upset over the result. There is nothing you can do about her visa now. There is no rights of appeal on it.

I will point out that it seems you tried to work the system a bit in relation to holidays owed, this may have been picked up in part of another document supplied in her application by the case officer?

I am surprised that an agent would state that they always give 3 months, I have only been told there are No Guarantee's but it is a strong application or not (even very strong applications get rejected).

On the bright side she has a 30 day visa, and compliance with that visa conditions is very good points for further visa applications.

I agree with your thinking on marriage terms, but I personally want the easiest shortest time to get my girlfriend onshore, so I decided to comply with their terms.

The no futher stay condition is common, it prevents a get married here then apply onshore using the tourist visa. Or we would all do that.


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Old 02-01-2014, 11:07 PM
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Hi Danvisa -

Sorry to hear of this - whatever agent said they "always" give 3 month visas is absolutely wrong. Case officers have a large amount of discretion to determine the duration of a visitor visa, whether it's single/multiple entry, and whether condition 8503 is attached. It is impossible to predict how long a visitor visa will be issued for (especially for non-ETA countries!), and any agent would be foolish to do so.

As Ampk said, you don't really have any further options regarding this visa due to the no further stay condition, unless she qualifies for a waiver for condition 8503. This requires essentially 3 things - a major change in her conditions, the change must have occurred after the grant of the visa, and the change must be beyond her control. Not sure if this applies -

Please advise if I can assist further, and again, sorry you received incorrect advice from your migration agent - hope you won't give up on all agents just due to one bad apple...

Best,

Mark Northam

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Last edited by MarkNortham; 02-02-2014 at 12:03 AM.

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Old 02-01-2014, 11:36 PM
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Quote:
Originally Posted by maggie-may24 View Post
I assume your plan was for you both to move to Australia with her on this tourist visa and apply for an onshore partner visa? Unfortunately it's always possible for tourist visas to come with a No Further Stay condition and this is a risk when planning to apply for an onshore visa. So blaming your agent for something he has limited control over isn't going to change anything.

I have no suggestion other than decide whether you remain in Thailand to apply for an offshore partner visa, or she applies for the PMV.
No- not my intention at all, we were seeing out a 3 month stay returning to thailand applying offshore for a partner visa as by then we qualify as defacto, but a month is just not enough time for her to meet my family and experience australia( i work fulltime)
I wasnt trying to "work" the system, but as she hadnt yet resigned we couldnt say she was unemployed, a letter from me would have described this but the agent did it all himself and lodged the application without checking with me, i never got to address the immigration directly


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Old 02-02-2014, 12:07 AM
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From what I have seem is that being in a relationship with a person from a high risk country is a Very Big Red Flag to the department for issue of tourist visa. I have seen also that first issued visa for high risk is not often 3 months but 30 days. If it is her first visit here she would need a good reason. They simply do not accept dating or building time together as a good reason, they certainly don't give much weight to anything you the sponsor or your family and friends here say.

Sorry but the system for all visa's particularly high risk applicants is hard, expensive, time consuming and often unfair in the way they are treated as guilty until proven otherwise.

I would suggest to use the visa you have and comply with it, she can then apply a short time after for another, it is then more likely but not guaranteed to get 3 months. Remember that after that she would need to wait some time before applying for another tourist visa (more time out of Aust than in it).

It will set you back money and time admitted, but it is an option. Remember that for each application she will need $1,000 per month in her bank regardless of your letters of support.

I hope you consider it a minor set back, take a deep breath and work on your plan B.

Cheers.

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Old 02-02-2014, 12:45 AM
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I agree with the previous poster. Use this visa as a first step. Having a good immigration history by having complied with the conditions of a previous Australian visa, is a good thing to have. Many people who apply for a tourist visa the first time get a refusal, so be grateful for small mercies.

Most of the tourist visas I do for clients in Thailand and the Philippines are for single 3 months stays and nearly always have a "no further stay" condition on it. Subsequent visas tend to be 12 month multiple entry.

However, it remains a bit of a lottery and I would never guarantee to anyone that a visa will be granted in the first place and if it is granted, for how long it will be valid.

It really depends on each applicant's personal circumstances and how much evidence you can provide that make it likely that the applicant will return to his/her home country.

Having an offshore partner visa in the system is often very helpful as it provides a strong incentive for the applicant to return home.

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Last edited by CCMS; 02-02-2014 at 12:54 AM.

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Old 02-02-2014, 12:53 AM
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Hi mark, after returning, how long would she have to wait to apply for another visa, what be best, re apply another 600 or change to prospective marriage and also a 600


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Old 02-02-2014, 12:56 AM
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Quote:
Originally Posted by ampk View Post
Remember that for each application she will need $1,000 per month in her bank regardless of your letters of support.
My gf (Philippines) attached none of her financial details to either her Australian or NZ tourist visa applications, just my stat dec of support and was granted both visas with no problems.


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Old 02-02-2014, 01:01 AM
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Hi Danvisa -

My thought would be that if you lodge the PMV first, then a subsequent visitor visa, you will have already declared your intent to DIBP re: intention to marry, etc and you may get a bit more leniency on the visitor visa assessment in terms of duration as you've already declared your relationship and aren't leaving it to DIBP to wonder what the relationship might be in the case of successive visitor visas invited by the same person, etc.

Hope this helps -

Best,

Mark Northam

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