louk2002 Posted August 3, 2013 Share Posted August 3, 2013 Hi, I'm new to this site and am posting in the hope that someone could shed some light on what I have been trying to find out! Ive searched the immi au website and the web and cant find any answers, no surprise really as my situation is not the 'regular' run of the mill situation. So here goes; Ive been in Australia for the past 12 months i was granted an e676 visa (6 month holiday visa) My, then, partner also from the UK got sponsored through her work, she had a working holiday visa I didnt as Im 37 and could only get a tourist visa, I was not working and she was supporting me financially, anyway i was included in the application as a de facto partner, so we were put on a bridging visa whilst the immi were deciding processing the application, but before the visa was granted my girlfriend and I split up and she has since withdrawn me from the application, so I am now having to depart out of the country within 28 days so ive booked a flight to NZ. I intend to travel NZ then come back to Australia to do some sight seeing around oz as I didn't get to the first time as I thought my girlfriend and I would be granted the visa and settling down ect bla bla .... The question is: Will i be able to re enter Australia for another 3 months after having spent the past 12 here on, firstly a tourist visa and then on a bridging visa? If I can re enter for 3 months after having been in NZ for a while how long will I actually have to be in NZ for before i can come back in to Australia to travel around? If anyone has experienced a similar situation it would be great to hear your advise, Thanks in advance Any advise appreciated, thanks for reading Link to comment Share on other sites More sharing options...
blossom Posted August 3, 2013 Share Posted August 3, 2013 Mmmm, it could go either way really. How long are you planning on being out before you apply? Can you prove you can support yourself? Link to comment Share on other sites More sharing options...
Rupert Posted August 3, 2013 Share Posted August 3, 2013 Hi, I'm new to this site and am posting in the hope that someone could shed some light on what I have been trying to find out! Ive searched the immi au website and the web and cant find any answers, no surprise really as my situation is not the 'regular' run of the mill situation. So here goes;Ive been in Australia for the past 12 months i was granted an e676 visa (6 month holiday visa) My, then, partner also from the UK got sponsored through her work, she had a working holiday visa I didnt as Im 37 and could only get a tourist visa, I was not working and she was supporting me financially, anyway i was included in the application as a de facto partner, so we were put on a bridging visa whilst the immi were deciding processing the application, but before the visa was granted my girlfriend and I split up and she has since withdrawn me from the application, so I am now having to depart out of the country within 28 days so ive booked a flight to NZ. I intend to travel NZ then come back to Australia to do some sight seeing around oz as I didn't get to the first time as I thought my girlfriend and I would be granted the visa and settling down ect bla bla .... The question is: Will i be able to re enter Australia for another 3 months after having spent the past 12 here on, firstly a tourist visa and then on a bridging visa? If I can re enter for 3 months after having been in NZ for a while how long will I actually have to be in NZ for before i can come back in to Australia to travel around? If anyone has experienced a similar situation it would be great to hear your advise, Thanks in advance Any advise appreciated, thanks for reading I don't believer there are hard rules on this type of thing, but I do think you are being hopeful ... you might be better leaving your Australia travel for another time. Link to comment Share on other sites More sharing options...
Biggy Posted August 3, 2013 Share Posted August 3, 2013 Hi louk, I don't see why not, you have not breached any visa conditions. You should have asked immigration if it would be okay to apply onshore as they would have known your circumstances at the time and that you were intending to travel now. This is why they give you 28 days to sort out arrangements and as blossom says, you would have to have sufficient funds to be granted this visa. I think they have changed it to the subclass 600 now for tourists on e-visa just to let you know. As you have booked your flight there is certainly no harm in you applying from NZ asap and you have nothing to lose except AU$115 application fee. My friend regularly does visa runs from Australia to NZ but you can now stay up to 12 months on this visa if granted. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 3, 2013 Share Posted August 3, 2013 Hi louk, I don't see why not, you have not breached any visa conditions. You should have asked immigration if it would be okay to apply onshore as they would have known your circumstances at the time and that you were intending to travel now. This is why they give you 28 days to sort out arrangements and as blossom says, you would have to have sufficient funds to be granted this visa. I think they have changed it to the subclass 600 now for tourists on e-visa just to let you know. As you have booked your flight there is certainly no harm in you applying from NZ asap and you have nothing to lose except AU$115 application fee. My friend regularly does visa runs from Australia to NZ but you can now stay up to 12 months on this visa if granted. The issues are if immigration feel that you are a genuine tourist or not. He can not apply onshore as he was in a bridging visa a, once he was removed from the application BVA ceased to exist, and is now likely on BVE, therefore can not apply for any visa onshore and can only leave the country. You could try and apply for visitors visa but may be asked for high level of proof that you are genuine tourist if not at application stage possiably at airport, if you can prove funds and ticket to leave Australia hopefully they shouldn't be any issues. But I would say your applica toon will be scrutinised. Link to comment Share on other sites More sharing options...
Rupert Posted August 3, 2013 Share Posted August 3, 2013 Hi louk, I don't see why not, you have not breached any visa conditions. You should have asked immigration if it would be okay to apply onshore as they would have known your circumstances at the time and that you were intending to travel now. This is why they give you 28 days to sort out arrangements and as blossom says, you would have to have sufficient funds to be granted this visa. I think they have changed it to the subclass 600 now for tourists on e-visa just to let you know. As you have booked your flight there is certainly no harm in you applying from NZ asap and you have nothing to lose except AU$115 application fee. My friend regularly does visa runs from Australia to NZ but you can now stay up to 12 months on this visa if granted. There are good reasons why not. The OP has already been in the country for over a year, mainly on a tourist visa, which is plenty enough for most people to take a holiday. The genuine intent of OP is highly likely to be questioned. Link to comment Share on other sites More sharing options...
wrussell Posted August 3, 2013 Share Posted August 3, 2013 Don't like your chances, but it would not cost much to find out. You might finish up with a visa refusal for not being genuine on your file. Link to comment Share on other sites More sharing options...
louk2002 Posted August 4, 2013 Author Share Posted August 4, 2013 Thanks for your fast reply's guys, all the advice is really helpful Just to add, I had been in the country for 5 months on a tourist visa when my girlfriend was offered sponsorship so I spent the rest of the time on a bridging visa, yes I see your point Rupert, that my stay in Australia of 12 months already would ordinarily been plenty of time to take a holiday but my ex had been working full time and therefore I have not been able to see any of Australia or travel around which it what I intend to do on my return to Australia after visiting NZ now that I am single. I understand that immigration may see me as a threat and my intentions to come back after all this time in Australia may be questioned but Im genuinely going to travel oz if I do get granted a visa. Ive been looking in to evisitor subclass 651 and a visitor subclass 600, Im aware of the differences of these two visas but which do you think would work best for me? Thanks again for your comments Link to comment Share on other sites More sharing options...
Rupert Posted August 4, 2013 Share Posted August 4, 2013 Thanks for your fast reply's guys, all the advice is really helpful Just to add, I had been in the country for 5 months on a tourist visa when my girlfriend was offered sponsorship so I spent the rest of the time on a bridging visa, yes I see your point Rupert, that my stay in Australia of 12 months already would ordinarily been plenty of time to take a holiday but my ex had been working full time and therefore I have not been able to see any of Australia or travel around which it what I intend to do on my return to Australia after visiting NZ now that I am single. I understand that immigration may see me as a threat and my intentions to come back after all this time in Australia may be questioned but Im genuinely going to travel oz if I do get granted a visa. Ive been looking in to evisitor subclass 651 and a visitor subclass 600, Im aware of the differences of these two visas but which do you think would work best for me? Thanks again for your comments You see I don't think that argument holds a lot of weight, it just shows you didn't use the visa you had for the intended purpose, which is not a good thing and not an argument I'd be promoting myself. Also if you got a one year tourist visa then you were on a tourist visa for a year, the bridging visa would onlyhave kicked in when the tourist visa expired. If you just want a holiday, why not do it another time, Australia is not going anywhere and will still be here in a year or two, might be better than risk of getting your card marked so to speak. I have not looked up the diffences between tourist visas, but i think you will face equal challenges whatever you apply for. Link to comment Share on other sites More sharing options...
blossom Posted August 4, 2013 Share Posted August 4, 2013 Rupert is right. If they decide you are not a genuine tourist then this can affect any future visa applications. Personally I wouldn't risk it. Link to comment Share on other sites More sharing options...
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