Insel Rowie Affe Posted August 19, 2015 Share Posted August 19, 2015 just landed back in Melbourne to be with my partner, who is and Aussie, i'm from the UK, 36 y/o male this is the third time i have visited my new love, first time was oct-nov 2014, 2nd time feb-may 2015 both times i had come over on a eVistor visa 651, as my first visa ran out i had to get a new one to cover the time i am here, never had a problem with immigration until now this time i was pulled aside at a very quiet time of arrival and given the full rude treatment i have experienced in other countries, they made me prove i had enough money and said i was not allowed to use this visa to visit my partner even tho its been nearly 4 months apart which is pretty hard when ur madly in love with each other, we have skype on constantly when we can so basically i was admitted into the country, the officer said to me she will 'let me off' this time but next time i have to have a defacto visa or marriage visa to come visit again, my partner is going thru a seriously tough divorce with a bi-polar man and we want to go thru the marriage route to be together but alas this takes time and after she lost her eldest daughter to cancer in the last few years, she really needs me beside her, all this i explained to the immigration officer, she didnt seem to care one bit now, i ask, after reading the visa requirements again, i'm totally confused about what my rights are when using this visa, i want to be with my partner permantly but no visa apart from marriage one will satisfy the conditions - the eVistor one says i can come into the country for 90 days at a time/period and then come back again, is there a limit to this? or is this up to one immigration officers ruling? im thinking of making a complaint? would this make things worse? feeling a little lost and confused, i wonder if anyone else here has had experiences like this that could share? seems like money talks here and love/health is no factor Link to comment Share on other sites More sharing options...
Cliffy43 Posted August 19, 2015 Share Posted August 19, 2015 How long do you intend to stay? Do you have a permanent job to return to? Link to comment Share on other sites More sharing options...
Marisawright Posted August 19, 2015 Share Posted August 19, 2015 Just guessing, but that visa is for people coming to Australia for a holiday, not to visit their partner - and the idea is that you stay for 90 days and then you go home. Did you overstay last time? If they think you're coming to be with a partner then they're worried you won't go home again at the end of the three months. Link to comment Share on other sites More sharing options...
Insel Rowie Affe Posted August 19, 2015 Author Share Posted August 19, 2015 well the visa states it can be used to visit family and friends too, did not overstay before, im a self employed DJ/Entertainer by trade and have my own place in the UK ohh and yes to had to show my return flight - im not engaging in work while im here and this can suck for finances, being with my partner is far more important then risking anything like that Link to comment Share on other sites More sharing options...
CaptainC Posted August 19, 2015 Share Posted August 19, 2015 Before i was granted my previous visa i used the evisitor visa (or whatever it was called then) to visit my ex girlfriend. It was never an issue when i was questioned on two occasions that my purpose for visiting was to see her. The 651 even gives provision to allow visiting of family and friends, which you state was the purpose of your visit, a girlfriend is still a friend. Unless there is something else that the immigration officer is aware of that you haven't stated here it appears that you have kept to your visa conditions. Like Marisawright states in her post above, the immigration officers do have a duty to be satisfied that you are adhering to the terms of your visa and the likelihood of you overstaying is low. They can cancel any visa at the border and send you on the next flight, if they think that this is not the case. Link to comment Share on other sites More sharing options...
Insel Rowie Affe Posted August 19, 2015 Author Share Posted August 19, 2015 Your eVisitor lets you: enter Australia for up to three months during each visit during the 12 months from the date the eVisitor is granted have a holiday or visit family and friends in Australia study in Australia for up to three months in some circumstances engage in business visitor activities while in Australia provided you: do not work for or provide services to, a business or organisation do not sell goods or services to the public. Business visitor activities include: making general business or employment enquiries investigating, negotiating, signing or reviewing a business contract activities carried out as part of an official government-to-government visit participating in conferences, trade fairs or seminars, as long as you are not being paid by the organisers for you participation. [h=4]Volunteer work tourism schemes[/h]In general, an eVisitor does not allow you to work in Australia. However, you might be able to work as a volunteer if: your main purpose in visiting Australia is tourism and the voluntary work is incidental to tourism the work is genuinely voluntary and you are not paid for it, other than for meals, accommodation or out of pocket living expenses the work would not otherwise be done in return for wages by an Australian resident Link to comment Share on other sites More sharing options...
Insel Rowie Affe Posted August 19, 2015 Author Share Posted August 19, 2015 Before i was granted my previous visa i used the evisitor visa (or whatever it was called then) to visit my ex girlfriend. It was never an issue when i was questioned on two occasions that my purpose for visiting was to see her. The 651 even gives provision to allow visiting of family and friends, which you state was the purpose of your visit, a girlfriend is still a friend. Unless there is something else that the immigration officer is aware of that you haven't stated here it appears that you have kept to your visa conditions. Like Marisawright states in her post above, the immigration officers do have a duty to be satisfied that you are adhering to the terms of your visa and the likelihood of you overstaying is low. They can cancel any visa at the border and send you on the next flight, if they think that this is not the case. how do i edit my post? Link to comment Share on other sites More sharing options...
CaptainC Posted August 19, 2015 Share Posted August 19, 2015 how do i edit my post? I edited it for you. Link to comment Share on other sites More sharing options...
Insel Rowie Affe Posted August 19, 2015 Author Share Posted August 19, 2015 as we are planning to marry my partner is my fiance, does this make a difference? ty for the help with editing Link to comment Share on other sites More sharing options...
Cliffy43 Posted August 19, 2015 Share Posted August 19, 2015 As long as you abide by the conditions of the visa, I think you will be ok. They do try to ensure you do not plan to stay or work without the appropriate visa, and as long as you have both a return ticket and proof of a permanent residence in you home country, you will be able to prove to Immigration that you are visiting friends. My daughter was in a similar position years ago when her fiancé, from overseas, came to visit her every school holidays (He is a teacher). He was queried, but never denied entry and they eventually married. He never obtained a spouse visa as he does not intend to reside here permanently and continues to return on visitor visas. Link to comment Share on other sites More sharing options...
CaptainC Posted August 19, 2015 Share Posted August 19, 2015 You have absolutely the right visa for your visit, but many people get stopped for entry while on evisitor visas, particularly if they have made several entries. Although the visa states that you can make multiple entries on the evisitor, doing so can raise a red flag to officials. I believe the immigration official at the border was wrong to say that you can't come back again unless you have a PMV or Partner visa, especially if you have not done anything to break the conditions of your evisitor. They must have good reason to cancel a visa or deny you entry and they (or their supervisor) have to take the ultimate responsibility for any decision they make. If you think that making a complaint about your treatment is the appropriate means to resolve your issues then you are entitled to. But, I would recommend speaking to a registered migration agent before you do so. Link to comment Share on other sites More sharing options...
bristolman Posted August 19, 2015 Share Posted August 19, 2015 Just a customs official on a power trip. Don't worry about it. Link to comment Share on other sites More sharing options...
Quoll Posted August 19, 2015 Share Posted August 19, 2015 Can she come and live with you perhaps? Might be an easier option. Link to comment Share on other sites More sharing options...
Bungo Posted August 19, 2015 Share Posted August 19, 2015 I am not sure I agree with some of the previous comments. The tourist visa is for tourists and visiting family and actualy I don't agree that this means a partner in same easy as it means visiting a great auntie. If anybody has watched border control Australia, theree are definitely examples of people being refused entry after repeatedly visiting a partner in Australia on a tourist visa. I think you should tread carefully and I definitely don't think you have any grounds for complaint. Link to comment Share on other sites More sharing options...
CaptainC Posted August 19, 2015 Share Posted August 19, 2015 I am not sure I agree with some of the previous comments. The tourist visa is for tourists and visiting family and actualy I don't agree that this means a partner in same easy as it means visiting a great auntie. If anybody has watched border control Australia, there are definitely examples of people being refused entry after repeatedly visiting a partner in Australia on a tourist visa. I think you should tread carefully and I definitely don't think you have any grounds for complaint. I know what you're talking about with regards to the TV programme, I have seen it before where a person has not been granted entry, but I have never seen it where a genuine person has been denied entry. You also missed one important part of the activities allowed for the 651 visa, and that is 'visiting friends'. I know several people who have used the eVisitor in this way including myself, more than ten times. I was questioned twice, each time I was permitted entry, and others I know have also been questioned and allowed through with no problems. If you are intending on visiting for periods of less than three months then it is the perfect, and most appropriate visa to use, which is what the OP is doing on this occasion. Link to comment Share on other sites More sharing options...
Insel Rowie Affe Posted August 19, 2015 Author Share Posted August 19, 2015 i thank you all for the fast replies and feedback, its given me a little more hope those TV programmes are terrible, i cannot watch them and they feed the paranoia and xenophobic needs of the lies about immigrants. one world, one people... Link to comment Share on other sites More sharing options...
Insel Rowie Affe Posted August 20, 2015 Author Share Posted August 20, 2015 Can she come and live with you perhaps? Might be an easier option. she has a daughter going thru end of education and with my status it will not work for her to come to the UK, Oz is the best option recommended by migration agents advice, if Oz wont have us together we shall find another country where we can be together but might be further up the road if first options dont work out. We want a dual citizenship for both of us ideally... Link to comment Share on other sites More sharing options...
Bungo Posted August 20, 2015 Share Posted August 20, 2015 I know what you're talking about with regards to the TV programme, I have seen it before where a person has not been granted entry, but I have never seen it where a genuine person has been denied entry. You also missed one important part of the activities allowed for the 651 visa, and that is 'visiting friends'. I know several people who have used the eVisitor in this way including myself, more than ten times. I was questioned twice, each time I was permitted entry, and others I know have also been questioned and allowed through with no problems. If you are intending on visiting for periods of less than three months then it is the perfect, and most appropriate visa to use, which is what the OP is doing on this occasion. I didn't miss anything Captain C. A partner is not a friend and partners visiting each other will commonly have problems when using a visitor visa in this way. It has happened to the OP for a start so there is one example right there. I have seen some get deported and three year bans for repeatedly using the tourist visa in this way and there is no reason to believe those relationships are any more made up than this one. Link to comment Share on other sites More sharing options...
bristolman Posted August 20, 2015 Share Posted August 20, 2015 What does it matter who someone is visiting ? If they stick to the visa requirements does it matter if you visit your child, mother, aunt or partner ? Link to comment Share on other sites More sharing options...
Bungo Posted August 20, 2015 Share Posted August 20, 2015 What does it matter who someone is visiting ? If they stick to the visa requirements does it matter if you visit your child, mother, aunt or partner ? Greater over staying risk will be the issue. That is why I reiterate my first point that a) OP should tread carefully and b) that there is no grounds for complaint at being stopped and questioned. Iimmigration officials are entitled to question people as they try to clear immigration. Link to comment Share on other sites More sharing options...
bristolman Posted August 20, 2015 Share Posted August 20, 2015 Greater over staying risk will be the issue. That is why I reiterate my first point that a) OP should tread carefully and b) that there is no grounds for complaint at being stopped and questioned. Iimmigration officials are entitled to question people as they try to clear immigration. I see what you are saying but you can't penalise someone before they do something wrong. Unfortunately Immigration Officers are often little Hitler and like to throw they weight around. I have certainly spoken to some that really shouldn't be in the job. Link to comment Share on other sites More sharing options...
starlight7 Posted August 20, 2015 Share Posted August 20, 2015 I agree about the little Hitlers. Most of them are pleasant and do their jobs well and efficiently. The there are the ones up in Darwin.... Link to comment Share on other sites More sharing options...
CaptainC Posted August 20, 2015 Share Posted August 20, 2015 I agree about the little Hitlers. Most of them are pleasant and do their jobs well and efficiently. The there are the ones up in Darwin.... Can't speak about Darwin, I've only flown into there on a domestic flight. But yes I agree, Sydney and Brisbane really nice. Had the same person when arriving into Brisbane on two occasions, she gave me a friendly ticking off for not signing my passenger card the first time and then the second time (3 or 4 months later) she came up to me in the queue, smiled and said 'I hope you've signed it this time' ....unbelievable memory! Link to comment Share on other sites More sharing options...
Insel Rowie Affe Posted August 20, 2015 Author Share Posted August 20, 2015 what makes me a little annoyed and frustrated is that one persons decision could seriously effect many peoples lives, future and happiness based on their judgement my partner is my best friend as much as my lover, she has been thru so much and deserves the best, her late daughter has done amazing things to change the healthcare in the country - just google Kahlia Belle Wilson and see what comes up... i have kept to my conditions before and have no intention of breaking them or putting them at risk, its not like i have left the country for a week then returned either, in my mind im not abusing it, the conditions also speak for themselves and i feel its not right for an official to be able flaunt or change them to suit the job or requirements....sighs Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 20, 2015 Share Posted August 20, 2015 I'm wondering if it's your trade that's being red flagged. It's so easy to do what you do in any country, by easy I mean , very transferable, so maybe they think you might be working on the quiet or trying to get work? Link to comment Share on other sites More sharing options...
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