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Jass Efron

Tourist visa HELP NEEDED

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I have a concern with regards to applying for tourist visa. I’m a bit confused on what step to take exactly as per the situation.


I’ve been to Australia on study visa where I met my partner. Visa got expired on March 2019 so I had to leave the country. I went to Philippines on tourist visa to visit my family as they are permanent residents here. (I could not get my PR here due to some issues)


Now, me and my partner were planning to get a tourist visa to Australia and where thinking of applying for onshore partner visa. He has his own business and could not leave Australia and that’s why the best option we got is for me to go to a Australia on tourist visa.

As I’m currently in the Philippines...
I tried to ask a travel agency here in the Philippines if I can apply for a tourist visa from here. She said I won’t be able to cos I’m residing as a tourist here and that it would be better to apply it from my home country (India).


Previously I’ve applied my study visa from India. Now if I apply for a tourist visa from India I don’t have any strong ties to show nor any asset as my family lives in the Philippines. I guess there is a very less chance of getting a tourist visa granted.


I don’t know what to do now and it is really messed up to be honest.


Any guidance or advice will be highly appreciated.
Thank you very much

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You should be able to apply from anywhere outside of Australia, you do not have to be in your home country. Whether you can satisfy the requirements for a visitor visa is another matter. 

Do you meet the requirements for a partner visa?


So many wineries ......so little time :yes:

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25 minutes ago, rammygirl said:

You should be able to apply from anywhere outside of Australia, you do not have to be in your home country. Whether you can satisfy the requirements for a visitor visa is another matter. 

Do you meet the requirements for a partner visa?

Thank you for answering.

That's what I am working on right now to satisfy the requirements. I do not have any economic ties here in the Philippines nor back in my home country which is making it difficult. So I will be getting an invitation letter from my partner's sister who is my best friend.

Yes, we do meet the requirements for partner visa. I have met my partner on 2017, have lived together from 2017-2019. The plan was to go to India, get married and apply for offshore partner visa 309. However, due to my partner's work commitments, he could not leave Australia (he manages a business owned by him which will be very stressful to leave behind). So the best way we have is that I apply for tourist visa to Australia. If I don't get a "No further stay condition" on my visa, we will be applying onshore otherwise, I will help him gather documents for partner visa application whilst my stay in Australia, go back to India and apply offshore.

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It sounds like there are quite a few aspects to your situation that need to be addressed in any application. Similarly, you mentioned having issues getting your PR previously. It would be important to have someone look at your whole immigration history and situation to give you sound advice in this situation and to minimise any extra delays you could face. I worry that getting advice on applying for a tourist visa and how to do that on this forum will give a lot of differing opinions that may just confuse further. 


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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2 minutes ago, Jasmine Sallis said:

It sounds like there are quite a few aspects to your situation that need to be addressed in any application. Similarly, you mentioned having issues getting your PR previously. It would be important to have someone look at your whole immigration history and situation to give you sound advice in this situation and to minimise any extra delays you could face. I worry that getting advice on applying for a tourist visa and how to do that on this forum will give a lot of differing opinions that may just confuse further. 

Sorry, but I’ll make it clear. My parents are PR in the Philippines while I’m not and If I were to apply for it, it will take a year at least and I don’t think it is useful in my case of applying tourist visa to Australia.

I agree that there will be different opinions as per to my situation. I just hope the supporting documents will be enough 

 

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Ah I see I read this incorrectly and assumed PR issues were from time in Australia rather than in Phillipines. My assumption had red flags all over it!


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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Just now, Jasmine Sallis said:

Ah I see I read this incorrectly and assumed PR issues were from time in Australia rather than in Phillipines. My assumption had red flags all over it!

That’s alright. I guess i made it confusing sorry.

Are you a registered migration agent?

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No looking back I saw PR issues and made an assumption.

Yes I'm a registered Migration agent


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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1 minute ago, Jasmine Sallis said:

No looking back I saw PR issues and made an assumption.

Yes I'm a registered Migration agent

That’s no problem at all.

Can I ask you the chances for getting tourist visa in my case?

Sorry I’m just getting anxious Day by day. Me and my partner have been living apart for 4 months now and we need to get started something ASAP. 

I’m worried about what kind of supporting documents I can provide to help get tourist visa. 

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I wouldn't be able to speculate because everyone's situation is so different. People definitely do what you are attempting and sometimes it works but sometimes it doesn't. So many factors at play. 

Before I was a Migration Agent we attempted this for my husband. He came as a tourist first but had the 'no further stay' condition. Applied offshore after visiting but got lucky as his partner visa was granted within 4 months. We had already applied for him to come back on another tourist visa but ended up withdrawing this application and he came on the partner visa instead. 


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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1 minute ago, Jasmine Sallis said:

I wouldn't be able to speculate because everyone's situation is so different. People definitely do what you are attempting and sometimes it works but sometimes it doesn't. So many factors at play. 

Before I was a Migration Agent we attempted this for my husband. He came as a tourist first but had the 'no further stay' condition. Applied offshore after visiting but got lucky as his partner visa was granted within 4 months. We had already applied for him to come back on another tourist visa but ended up withdrawing this application and he came on the partner visa instead. 

I see. I do understand that I may get the “No further stay” condition as well so i will therefore be applying offshore in that case.

My last question is, would it be better if it was my partner to provide an invitation letter for me?  In this case, he can provide a letter explaining that my intention to visit Australia is to visit him spend some time and get our documents ready for partner visa as he is unable to leave Australia due to his business. Then I’ll leave Australia and apply partner visa offshore from India. 

Or get an invitation letter from my friend instead that she is inviting me to visit her and travel around AUS. Without mentioning anything about my partner.

Just confused.

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As a Registered Migration Agent I can never recommend that people are not upfront in their intentions (firstly because it is a legal requirement) but also because the problems that could result later on are too costly in both time and money. 

It makes sense you are confused - this question comes up even in Migration Agent forums! 


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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Lastly I'll say that I have seen a case at the AAT (not mine) where a relationship wasn't declared on a tourist visa application (and the couple were not yet engaged so it technically did not need to be declared on the tourist visa application) but this then led to the later partner visa being refused because of this action. As the case was at the AAT when I came across it as an observer this meant long delays in the couple being together - in fact their child was already one at the time. 


Jasmine Sallis 

Registered Migration Agent

MARN:1800400

www.mywayvisa.com

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9 minutes ago, Jasmine Sallis said:

Lastly I'll say that I have seen a case at the AAT (not mine) where a relationship wasn't declared on a tourist visa application (and the couple were not yet engaged so it technically did not need to be declared on the tourist visa application) but this then led to the later partner visa being refused because of this action. As the case was at the AAT when I came across it as an observer this meant long delays in the couple being together - in fact their child was already one at the time. 

Oh alright, that makes it clear somehow.

 

Just wanted to make sure I take the right step beforehand to avoid any problems in the future. 

Thank you very much for your advice and help!

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