HELP!!! I'm really confused about my visa that I have just been granted!!!

[Debbie Graves]

:eek: I hope someone can help me!

 

I have applied for a Tourist Visa (600) and wanted to stay for 12 months .

I have just had it granted BUT it's showing that it expires after 2 months!!

 

On the application form I filled out it asked if I plan to enter Australia more than once.

I put yes.

It then asked if I knew what dates & I put no.

Then it asked to give details so I explained that if possible I hoped to return to UK end of October for my sister's wedding, but it wan not definite.

 

I'm totally confused now!!!

I applied for the same visa for last year (from 10th Dec 2014- 10th Dec 2015) & that was fine.

I came back to the UK on 3rd Dec- well before expiry date & I plan to go back to Oz around 20th March 2016.

 

The only thing that I filled in on my application that was different was that I intended to enter more than once.

 

How can I contact them and ask to change this? Their website is so confusing & I can't find how I can change my application . I really don't want to have to leave after just 2 months. My partner (who lives in Oz) has had a stroke & needs me to be with him (we plan to apply for residency later this year)

 

Please help x

[NickyNook]

I'm pretty sure there is some sort of rule that says (as a tourist) that you cannot stay for longer than 12 months in any 18 month period. This rule certainly applies to parents who want to visit long-term.

 

As you've already been here on a tourist visa for quite a while last year maybe they are only allowing you a limited period this year? You're not supposed to try to live here on back-to-back tourist visas.

[robfromdublin]

:eek: I hope someone can help me!

 

I have applied for a Tourist Visa (600) and wanted to stay for 12 months .

I have just had it granted BUT it's showing that it expires after 2 months!!

 

On the application form I filled out it asked if I plan to enter Australia more than once.

I put yes.

It then asked if I knew what dates & I put no.

Then it asked to give details so I explained that if possible I hoped to return to UK end of October for my sister's wedding, but it wan not definite.

 

I'm totally confused now!!!

I applied for the same visa for last year (from 10th Dec 2014- 10th Dec 2015) & that was fine.

I came back to the UK on 3rd Dec- well before expiry date & I plan to go back to Oz around 20th March 2016.

 

The only thing that I filled in on my application that was different was that I intended to enter more than once.

 

How can I contact them and ask to change this? Their website is so confusing & I can't find how I can change my application . I really don't want to have to leave after just 2 months. My partner (who lives in Oz) has had a stroke & needs me to be with him (we plan to apply for residency later this year)

 

Please help x

 

 

What did immigration say when you called them?

[Debbie Graves]

I have re-read their letter & it states that because of my previous visit & that I am in a defacto relationship with my partner who lives in Oz that it looks like I may be using a tourist visa to maintain residence.

 

Thing is, yes I do plan to stay in Oz- but by applying for a partner visa. To do this I need to prove that me & my partner are in a Defacto relationship (living as man & wife but not married) for a period of at least 12 months (not including dating).

We only got together online around 2013, then face to face a year later when he came to the UK mid November 2014. We stayed in UK for a few weeks then flew to Oz 10th December 2014. My 12 month visa ran out 10th December 2015 so I flew back to the UK on 2nd Dec 2015.

Now do the math! We cannot prove that we have been defacto for over 12 months no including dating with those dates!

 

Plus the end of July 2015 my partner suffered a haemorrhagic stroke (a bleed on the brain!) was rushed to hospital and stayed there for over a month. He lost the ability to communicate & had blood pressure over 240! (he could have died if I wasn't there!!)

 

He is home now but still struggles communicating & can be prone to blackouts.

Unfortunately finances wouldn't allow us to start the application for the partner visa, plus his condition was making it a struggle so, against mine & the doctor's advise, I had to return to the UK.

 

I really need to be back with him as he keeps stressing over everything & is depressed so I'm worried sick!

 

I have just written a letter of appeal to immigration explaining my circumstances, so can everyone keep your fingers crossed for me.

[Raul Senise]

I have re-read their letter & it states that because of my previous visit & that I am in a defacto relationship with my partner who lives in Oz that it looks like I may be using a tourist visa to maintain residence.

 

Thing is, yes I do plan to stay in Oz- but by applying for a partner visa. To do this I need to prove that me & my partner are in a Defacto relationship (living as man & wife but not married) for a period of at least 12 months (not including dating).

We only got together online around 2013, then face to face a year later when he came to the UK mid November 2014. We stayed in UK for a few weeks then flew to Oz 10th December 2014. My 12 month visa ran out 10th December 2015 so I flew back to the UK on 2nd Dec 2015.

Now do the math! We cannot prove that we have been defacto for over 12 months no including dating with those dates!

That is exactly why the visa was only granted for a short period and what was meant with “it looks like I may be using a tourist visa to maintain residence”. A visitor visa is not designed for you to clock up time to lodge a partner application. You are very lucky that they granted you the visa at all and did not refuse it outright.

 

Plus the end of July 2015 my partner suffered a haemorrhagic stroke (a bleed on the brain!) was rushed to hospital and stayed there for over a month. He lost the ability to communicate & had blood pressure over 240! (he could have died if I wasn't there!!)

 

He is home now but still struggles communicating & can be prone to blackouts.

Unfortunately finances wouldn't allow us to start the application for the partner visa, plus his condition was making it a struggle so, against mine & the doctor's advise, I had to return to the UK.

 

I really need to be back with him as he keeps stressing over everything & is depressed so I'm worried sick!

A visitor visa is probably not the most appropriate visa for this situation.

 

I have just written a letter of appeal to immigration explaining my circumstances, so can everyone keep your fingers crossed for me.

This may not have been the best thing to do as your reasons for wanting a longer visa are specifically the reasons why it was not granted for a longer period. Hopefully you get a very sympathetic case officer, but you should probably consider getting some professional advice to plot a proper visa strategy.

 

Good luck, I hope it all works out for the best.

[Chillers]

I have just written a letter of appeal to immigration explaining my circumstances, so can everyone keep your fingers crossed for me.

 

That was not a good idea, you have literally confirmed to them that their suspicions are correct. Hopefully this does not affect your current visa grant. Tourist visa is what is says on the tin.

 

If the state your boyfriend lives in allows it register your relationship this will help waiver the 12 month period.

[Guest]

As has been said, the tourist visa is not intended to help you rack up de facto for a year. You expecting to go back for another year to clock up more de facto isn't what the tourist visa was intended for and you are clearly not using it for tourism purposes. I'm not surprised in the least you have been given a very limited timeframe on the new visa and that you will be expected to leave after a couple of months.

 

I doubt your writing to them to appeal the decision will help anything. I think you probably would have been better to have not done that at all given the circumstances.

 

Did you not reside in a state where you could register your relationship? Have you considered marrying? I really do think you should consult a reputable migration agent (any on here would be a good starting point) or look into the PMV visa and apply for this off shore while you are back in the UK.

[Nemesis]

While I am sympathetic to the OP, at least this shows that DIBP is finally realising how many people are coming to Australia as tourists and then applying for Partner Visas onshore, instead of doing it offshore.

Its this practice which has led to the huge queue for those of us waiting for the PR stage on our Partner Visas, having originally applied and been granted the Temporary part offshore.....now 9 months and could be another year.

[Guest]

While I am sympathetic to the OP, at least this shows that DIBP is finally realising how many people are coming to Australia as tourists and then applying for Partner Visas onshore, instead of doing it offshore.

Its this practice which has led to the huge queue for those of us waiting for the PR stage on our Partner Visas, having originally applied and been granted the Temporary part offshore.....now 9 months and could be another year.

 

This isn't that scenario though. There is nothing stopping people lodging an on shore partner visa off the back of a tourist visa. It's OK to do so. Used to be it cost more on shore than off so less people applied on shore. Since they made the price the same people seem to be heading on shore to lodge more and more. That is what has slowed the second stage up in recent times.

 

I'd always say off shore over on shore for so many reasons but since the price is the same, for many now onshore is appealing. If only they realised the on shore route often means a long long time in a bridging visa plus the temp part can make aspects of life tough going. And more on shore applications could have that knock on effect for them as it has for you. Unless they put the price up for on shore by a considerable amount I can't see it changing much now alas.

 

What the OP has done is use a 12 month stay on a tourist visa to clock up de facto time which isn't advised.

[Marisawright]

Thing is, yes I do plan to stay in Oz- but by applying for a partner visa. To do this I need to prove that me & my partner are in a Defacto relationship...

 

We only got together online around 2013, then face to face a year later when he came to the UK mid November 2014. We stayed in UK for a few weeks then flew to Oz 10th December 2014. My 12 month visa ran out 10th December 2015 so I flew back to the UK on 2nd Dec 2015.

 

 

So you were living together from 10th December 2014 until you flew back to the UK on 2nd December 2015. So you were only a week or so short of the required 12 months.

 

You may not be aware that it's not essential to actually live in the same house for the full twelve months IF you had a good reason for not doing so. Obviously your visa expiring is a good reason why you can't be together, so that means you can count your time apart towards the 12 months. So, since you're still in a relationship today, you've well and truly completed the required time by now.

 

I agree it's a great pity you've written a letter of appeal because what you've done is admitted that you were intending to use a tourist visa fraudulently - let's hope they don't slap a penalty on you, or withdraw the visa you've got.

 

I'd say your only hope is to scrape the money together and apply for de facto the moment you get back to Australia.

[Alant]

Thing is, yes I do plan to stay in Oz- but by applying for a partner visa.

 

 

I hope Debbie Graves isn't your full and correct name as this is an open & public forum, with DIBP been known to browse forums like these! Good luck to you in your visa quest!!

[Quinkla]

I hope Debbie Graves isn't your full and correct name as this is an open & public forum, with DIBP been known to browse forums like these! Good luck to you in your visa quest!!

It wouldn't matter - Debbie has already written a full letter of confession to DIBP.

 

I would be looking at a Prospective Marriage Visa, applied for offshore.

[NickyNook]

It wouldn't matter - Debbie has already written a full letter of confession to DIBP.

 

I would be looking at a Prospective Marriage Visa, applied for offshore.

 

According to an earlier post, Debbie is still married to someone else.

So the Prospective Marriage visa is not going to work..

[Quinkla]

According to an earlier post, Debbie is still married to someone else.

Yeahbut... She also said she was getting a divorce. When that comes through, she can apply for the PMV and come to Australia without having to bend the rules.