Multi-entry Tourist Visa Coming to end of 90 max stay

[Craig66]

Hi All,

My Thai girfriend is currently with me in Australia on a 12 Month Multi-entry Tourist (Class 600) Visa but has a 3 month (90) day maximum Stay Condition.  At 25 April 2020, She will be at the Maximum Stay of 90 Days.  Does this mean that 25 April is considered to be her Visa Expiry Date even though the last day to enter Australia is 9 January 2021.  Obviously, if it wern't for the current COVID-19 Travel Restrictions in Australia and Thailand, my Girlfriend would be able to Return to Thailand or another country and then return to Australia and stay for a further 90 days.  My Girlfriend had a flight booking to return to Thailand on 14 April, but the airline cancelled that flight and has only today supplied a voucher to book another flight.  However, information about when that airline will resume flights from Darwin to Bangkok via Singapore is less than reassuring as we all know things change rapidly and from daya to day.  Currently they say flights will resume from 15 April, but that is hard to believe given the Restrictions in Australia is likely to remain until at least 31 May so what airline is going to fly here empty to collect a few passenges). Now travelling to other Austalian cities to then travel internationally is also becomning extremely diifficult. Even Thailand has introduced difficult to satisfy criteria, at least in the ccurrent situation if you're located in Darwin, and Thailand has ceased all international arrivals (Thai or not) until at least 15 April, but that may be extended at the last moment.  The less than helpful advice from the Dept of Home Affairs web site is that persons whoose Visa is about to expire should apply for another visa if they wish to stay longer.

My question is simply, does my Girlfriend need to apply for another Visa if she wishes to stay after/ cannot go home before 25 April 2020.

Note: we had planned to commence a Partner Visa Application in a subsequent entry to this current stay.

Any help/ advice would be much appreciated

[rammygirl]

Yes. She will need to apply for an extension to stay legal. It will cost about $350 and should give her a few more weeks but she needs to get a flight if she can. 

[Laura Zorzi]

The "extension" is actually a new Visitor visa sc600.

If she has a "No further stay" condition attached to her current visa, she should first request a waiver to this condition (Form 1447 to NoFurtherStayWaiverRequest@homeaffairs.gov.au)

[Craig66]

Thanks Laura,

My Girlfriend does not have the "No Further Stay" Condition (8503, 8534, 8535) and we have commenced a new Visitor Visa Application via iMMI.  It just seems silly to be answering all the same questions as before with the original visa, only it's now somewhat more difficult to be precise on dates, etc, given the whole uncertainty surrounding the length of time restrictions will be in place for COVID-19.  We are very worried that my Girlfriend will need to return to Thailand and then not be able to return to Australia for quite some time.  Thus putting our plan to marry and subsequently apply for a Partner Visa.  Would you suggest we commence a Partner Visa Application now  instead of a Tourist (sc600) visa?

[Laura Zorzi]

If you already meet the requirements for a Partner visa and are able to lodge before the expiry of her current visa, yes.

[Raul Senise]

16 hours ago, Craig66 said:

Hi All,

My Thai girfriend is currently with me in Australia on a 12 Month Multi-entry Tourist (Class 600) Visa but has a 3 month (90) day maximum Stay Condition.  At 25 April 2020, She will be at the Maximum Stay of 90 Days.  Does this mean that 25 April is considered to be her Visa Expiry Date even though the last day to enter Australia is 9 January 2021.  Obviously, if it wern't for the current COVID-19 Travel Restrictions in Australia and Thailand, my Girlfriend would be able to Return to Thailand or another country and then return to Australia and stay for a further 90 days.  My Girlfriend had a flight booking to return to Thailand on 14 April, but the airline cancelled that flight and has only today supplied a voucher to book another flight.  However, information about when that airline will resume flights from Darwin to Bangkok via Singapore is less than reassuring as we all know things change rapidly and from daya to day.  Currently they say flights will resume from 15 April, but that is hard to believe given the Restrictions in Australia is likely to remain until at least 31 May so what airline is going to fly here empty to collect a few passenges). Now travelling to other Austalian cities to then travel internationally is also becomning extremely diifficult. Even Thailand has introduced difficult to satisfy criteria, at least in the ccurrent situation if you're located in Darwin, and Thailand has ceased all international arrivals (Thai or not) until at least 15 April, but that may be extended at the last moment.  The less than helpful advice from the Dept of Home Affairs web site is that persons whoose Visa is about to expire should apply for another visa if they wish to stay longer.

My question is simply, does my Girlfriend need to apply for another Visa if she wishes to stay after/ cannot go home before 25 April 2020.

Note: we had planned to commence a Partner Visa Application in a subsequent entry to this current stay.

Any help/ advice would be much appreciated

As your situation is not straight forward, there are many variables and the Australian visa situation is changing regularly, you would be well advised to consult a Registered Migration Agent to formulate a visa strategy.

[Laura Zorzi]

Agree with Raul. You need to make sure your situation meets the requirements.

[Craig66]

Yes, I think we some assistance, but would it be necessary or more efficient to use a Registered Migration Agent operating in Darwin, given that's were we located?

[Laura Zorzi]

The agent's location won't make any difference on your application.