Australian Partner Visa or Tourist Visa – Hard Decisions

Tourist visas! Australian Tourist Visas from Philippines, and the changing immigration landscape. Different rules and different priorities and the standards change. We observe, and we pass the information on so you can better understand what to expect and what the new rules are. What we all know is that Australian partner visa fees are rising. And our clients have to make a decision what to do now, and/or in the near future – Tourist Visa or Partner Visa?

First of all, to those who haven’t read some or all of our articles here on the BLOG page, a few simple but essential statements.

1. Visas are grants and not rights! Never assume an entitlement to a visa, or that they have to hand it over because you’re a taxpayer.
2. There is no such thing as a “simple tourist visa”. They make them challenging in order to ensure that only suitable visa applicants get visa grants and those who want to rort the system, overstay and work illegally won’t get in. You need to prove that you’re not like this if you want an Australian tourist visa grant.

Why Tourist Visas from the Philippines to Australia?

Partner Visa applications are becoming increasingly more expensive as partner visa fees rise, and many Australians simply don’t have the funds readily available to pay the visa application charges that the Government (in it’s compassionate wisdom) extorts for their services. The more they crank the fees up, the harder it all becomes. And Australian Filipina couples are often in a position where they can’t just reach for the check book and do it.

Have our partner visa numbers been dropping over the years? No, not at all. Then again, we’ve been in practice for a while and our reputation drives more and more people to our doors. And the other thing is that you can’t keep a good man down…..or a good couple down. No one EVER gives up on the love of their life because of money! They find a way, and in the meantime they do what they can to be together.

But I need to let you all know that whilst your desires for tourist visas has increased most definitely (often because you don’t yet have the cash for the visa fees), the Department (in it’s compassionate wisdom) has been cracking down on a few areas and making things tougher. Let’s explain the basics first.

Single Entry or Multiple Entry Tourist Visa & How Long?

Two essential types of Australian tourist visa you will see. One is single-entry and one is multiple-entry.

Single Entry

This means just that. May enter Australia a single time. Once only. Even if you get a 3 month stay, once the visa holder leaves Australia than that’s it! Finished! You can’t do a “visa run” and renew it. It’s finished.

Multiple Entry

This means the applicant may leave Australia and come back again on the same visa as long as the rules are followed. The visa will notably have two important things to look at.

1. Stay period: Commonly this will be three months. So the visa holder may stay up to three months (NOT 90 days, but 3 calendar months) and then must leave. This is NOT a “one year visa”. Leave within three months.
2. The “last date to enter”: Many (or many most) people mistake this for the expiry date. It is in fact the last date that the visa holder may enter Australia, where they may stay for the stay period, ie three months usually.

And an important fact! The multiple entry tourist visa holder must never think they can come back three days later! You will find yourself stopped at the airport if you try to do this, as they will see this as trying to use a tourist visa to live in a de facto relationship for a year. This isn’t what the visa was meant for, and they will take a hard line, which means they may cancel the visa and send her back immediately! So stay away for at least 6 weeks (preferably 8 weeks) before returning, for your own sakes.

Maximum Stay Period – 3 months, 6 months, 12 months?

Elderly parents and aunties visiting their kids and grandkids, they will take a softer view and may grant 6 month stays or sometimes even 12 months. Do not expect this yourselves when you are a couple! It won’t happen. You can realistically expect a 3 month stay to visit your Australian fiancee or boyfriend.

Yes, I know the Department website says you can get 3, 6 or 12 months. But I’m stating reality. They don’t give out long-stay tourist visas to loving Australian Filipina couples. And remember what I said above about multiple-entry visas NOT being "12 month visas"!

Tourist Visa Options for Australian Filipina Couples

Tourist visa rather than partner visa? I think you’ve all heard me say time and time again that if you really can’t stand being apart then you should be looking at a Partner Visa. No question about it.

1. If you are happy to be together for 3 months and ALSO happy to smile and say bye-bye at the airport after 3 months, then get a tourist visa. Forget partner visas at this stage.
2. If you cannot stand the idea of saying farewells at the airport because you can't stand being apart? Why on earth would you be looking at a tourist visa? Take the plunge and cement your commitment to each other with a partner visa application!

But if you’re lacking the necessary finances because of the high partner visa fees then I do understand. I would just strongly advise you to concentrate on turning it around as soon as you can, because a tourist visa will never take the place of a partner visa and the Department will ensure that you can’t use a tourist visa in its place. You will never spend a year together on a tourist visa!

Long Onshore Tourist Visas

What clients like calling a “visa extension”, or “getting the visa extended”, is in fact an Onshore Tourist Visa application. A new visa, applied-for while the visa holder is inside Australia. They never "extend" existing visas.

We have a really good success rate with onshore tourist visas, so it's a good option if you still want to spend time together. No guarantees, but we can sometimes get an additional 6 months.

Again, what it means is that you cannot expect to remain together too long. They have a strong resistance to anyone using one visa in place of another, ie using a tourist visa instead of a partner visa. They see this as cheating the system and make no allowances for your finances, and I suspect they wouldn't like anyone doing this to avoid the higher partner visa fees which no doubt they consider reasonable.

Getting a further tourist visa

What I mean here is the scenario where you’ve spent a year or nearly a year together and you want to continue that because you can’t stand the idea of being apart!

There is a “discretionary” Condition on tourist visas known as Condition 8558. It states that you can’t spend more than 12 months in any 18 month period inside Australia.

That means it is very very unlikely you will get another stay and get to be together when you’ve been together for a year already. And lately we’ve found them cracking down when a couple have been together for about 9 months, because another 3 months could push you just over that 12 month period! And we've seen this happen even when the couple have also applied for a partner visa. So they've definitely got tougher about this.

Can’t Afford Partner Visa Fees

So what do you do?

Bottom line is they’re not making things easier.

We will do what we can. We haven’t put up tourist visa fees for a few years and have no plans to do so, and we’re always happy to help you. We will however lay it in the line for you if we think what you’re asking is going to end in disappointment or even outright visa refusal. We do you no favours by telling you fairy tales. But we will continue always to help you to be together.

Remember too that whilst the partner visa fees (especially the Government fees currently $8,085.00) are high, we don't need you to pay upfront! We need a modest downpayment to start the process (which is long), so chances are we won't need the balance for 3 – 6 months! It gives you time to save up, which you can do if you're determined enough. Being together with your Filipina sweetheart is pretty strong motivation, right?

But we will urge you to face reality, and that reality is that you need to get a partner visa! If you can spend $35,990.00 on a new Holden Commodore, then I’m sure the love of your life is worth a bit more! I think I’d rather have my wife! Find a way! Sell something (even your Holden Commodore). Borrow the fees. Go talk to your parents and see if they can help you out. Live frugally and work longer hours. This is the monetary version of saying “I’d walk over hot coals for you, my darling”!

Should you start a partner visa application later inside Australia?

Should you get a tourist visa and then apply later for a partner visa?

It’s definitely NOT a good idea to get a tourist visa and try to commence, prepare and lodge a partner visa during a 3 month tourist visa stay. And before you ask about 6 and 12 month tourist visas, in reality they don’t exist. They don’t grant them to applicants from the Philippines.

Reasons?

1. You will need to get a lot of documents from the Philippines for the application, and these are extremely difficult to obtain from inside Australia. (And no, there is not a standard list that we can tell you now, as each application is different).
2. And you will have plenty of other work to do to complete the application, as this is a major visa application. Nothing quick or simple about it.
3. So you risk running out of time and having to return to the Philippines without a lodged application, or lodging a very poor one which is missing essential items.

What we suggest is this:

An Onshore Partner Visa. We prepare the partner visa application AND a tourist visa application at the same time. She travels to Australia on a 3 month tourist visa (so she arrives in Australia sooner). We lodge the partner visa application soon after she arrives. She remains in Australia during the processing time on a bridging visa.