bakedbean

I'm on my second yearly eVisitor visa 651. This year I am zipping in and out rather a lot.

The visa says: Multiple visits allowed. 3 month(s) from the date of each arrival. But are they really going to be happy if, say, I go for one month. Come back for another couple of months 2 months later. Maybe stay for a whole 3 months even.

My "permanent" home is in Malaysia and I have a residency permit stamped in my passport.

Just wondering if I can carry on doing this for a while or not. Will alarm bells sound if I go over the magic 182 days (in 1 year) in the country ? (I suspect this is a tax rather than an immi issue.)

Any thoughts or experiences?

BritInParis

If you have a British passport then you can use the Smartgate and avoid awkward questions.

bakedbean

Yes I use that.

I am not abusing the terms of the visa. I would not do that. I am just wondering if there is anything unwritten.

For example....if a Brit landed in Malaysia, you would get a 3 month entry stamp. You go out and come back and do it again. There is nothing said or stamped in passport to tell you that you MAY get told to shove off after doing this twice. That is the fact but there is nothing written.

BritInParis

Unless you are a citizen then your entry into any country will always be at the discretion of the immigration officer at the port of entry. Repeat trips to Australia are possible but will depend on your circumstances, your intentions in Australia, your previous travel history, etc.. If you are making repeated visits to Australia and you are spending more time in Australia than not on a 651 then the chances of you being refused entry go up but it's not a hard and fast rule.

bakedbean

ok thanks.

bakedbean

Is there somewhere I can get chapter and verse on this? I mean... would you recommend that I write to the eVisitor helpdesk and see what they say? Are they "visitor friendly" ?

And I presume the perceived problem would be based on a tax year? rather than 2017, 2018 ? Any thoughts ? I think I am OK for year 2017 but current tax year is a bit iffy.

To reconfirm, I am a pukka tourist currently. I have a permanent home in Malaysia and a residency visa in Malaysia, so I'm not trying to pull the wool over Immigration's eyes.

Pollyana

There is no chapter and verse.
Its rather like the US with the VWP. If the immigration officer that oversees your entry thinks you are actually living in Australia on a tourist visa, or at any rate are more than just a tourist, they can and will refuse you entry. Its nothing to do with tax years, thats a completely different ball game and nothing to do with DIBP and them allowing you entry, its just whether they think you are misusing a tourist visa and should really be getting residence properly.

The more ties you have to Australia, the dodgier it may look - so if you have a partner and family here for instance they are unlikely to believe you are just visiting, and would prefer you to get a Spouse Visa. If you don't have a regular job or income source they may well believe you are actually working here and deny entry on those grounds. The more ties you have, and can prove, to Malaysia the better.

Do not contact DIBP on the subject that will not get a reliable answer and will only put red flags on your visa file! If you want to speak to someone about official policy then contact an agent but I doubt they can say more than the forum can - that its down to the discretion of the officer allowing you entry.

For the VWP in the US they usually say on BE that you should be outside the US for as long as yu have been inside it before trying again, if thats any kind of guide.

bakedbean

Hmm thanks Polly.

verystormy

And be aware that it is common for people who have had multiple visas to get a "no further stay" condition, which bans them from further visas.

If you have family in Oz then look at other options such as the 600.

bakedbean

Thanks very much for that and noted.

So... if the slant is on Family, then better to go for a 600? I do have family in both NSW and QLD and see them on trips and in fact they are now my closest relatives (I am widowed and retired with little family left on the planet).

Ah yes, I do also have an Australian boyfriend but, at 8 months in, too early to be contemplating Partner visa. And there is possibility that he will be spending more time in Malaysia also (family reasons).... so I am reluctant to consider any "permanent" visa at this current time.

Would be pleased to hear of others doing the 600 visa and if any problems. Anyone?

BritInParis

A subclass 600 visa will permit stays of up to three, six or twelve months but your application will be scrutinised by a human being rather than a computer.

bakedbean

Noted. Thanks.