3pp

As previously mentioned my partner & I are working towards applying for a de-facto spouse visa.

It has become clear from previous advice received, we need to have co-habiated together for 12 months. We are aiming to use the short-term visas of the UK & Oz to achieve this (a bit of bouncing back & forth between continents here!).

I initially visited Oz on a 6 month long-stay tourist visa. I actually stayed in Oz for 4.5 months. After 4 months back in the UK, I now plan to return to OZ on a standard ETA.

My understanding is that the ETA allows me a total 12 month stay in Oz, with no one stay longer than 3 months.

The documentation I have read is not clear on the above.

1) Do I need to take into consideration my 4.5 months on my previous visa. ie I only have 7.5 months left...effectively
2 x 3 month stays?

2) I have met people who have been able to extend ETAs without leaving the country...does anyone have experience of this?

3) If it is problematical, then my partner & I planned to flying to NZ for a week (thank god for frequent flyer miles!)...

4) Can people see a problem of the following profile raising suspision by customes/immigration:-

4.5 in Oz on a 6 month visa.
4 month break (in UK).

Which is where I am now, the plan is then:-

3 month in Oz on ETA, possibly extending ETA in Oz for another 3 months OR
1 week break in NZ, then
3 months in Oz on ETA.

The plan would be then come back to the UK (Qantas are going to love me!) to apply for the de-facto spouse visa.

My understanding is that I can fly out to Oz on a ETA whilst they are processing the application (as long as I tell them) & if it is agreed I do not have to come back to the UK to collect the visa...but do need to be outside UK...so in theory I can fly to NZ to get my visa issued?

Thoughts as ever are welcome!

ptlabs

An ETA, if granted, starts from the date of grant of that ETA, and expires 12 months after that.


Peter

3pp

Thanks Peter.

ptlabs

You have or have not met? (I'm wondering if it's a typo).

Australia has no concept of "extension" of visas, including ETAs. If you want to stay longer than the permitted duration, you have to apply for a new visa that will allow you to do so, if you are eligible for such a visa.

An ETA (visitor) visa may be applied for outside of Australia or inside Australia. However, an ETA (visitor) will not be granted to a person already in Australia, after immigration clearance. This means that once your passport is endorsed by Australian immigration upon arrival and you're out of the Australian airport, you may not be granted a new ETA while you are still inside Australia.


Peter

Pollyana

Be warned going in on an ETA - as I'm sure someone has already pointed out - if the immigration authorities think you are going in as anything other than a tourist, they can/will refuse you entry.
So its possible that they will think you are planning to enter on an ETA, then marry and lodge an on-shore partner visa application. Be careful what paperwork you are carrying with you, and be careful what answers you give them at immirgation - especially if you have already lodged an application in the UK.

ptlabs

Frequent entries into and departure from Australia on an ETA (visitor) may arouse suspicion. Do note that an ETA (visitor) is meant for tourism purposes and is *not* an avenue for the holder to reside in Australia.

Australia records passenger movement diligently, unlike some Western countries that have relatively lax passenger departure records (I'm thinking of the UK and Canada).


Peter

ptlabs

Your understanding is correct.

3 months' stay is the maximum permitted for one trip. Multiple entry is permitted over a period of 12 months from date of grant of ETA.

Bear in mind that in practice, this does not translate into 4 X 3 months of stay over the 12 months of ETA validity. Australian immigration officers will very likely refuse you entry if they think you're chalking up too many days in Australia for a tourist.


Peter

ptlabs

Although I would also recommend against lying to the officer


Peter

3pp

..even with my best "backpacker" impression! (which includes a good no of passport stamps for latin america & asia...I am just coming back for more surely!

3pp

By "extending" the ETA, I meant I have come across people who have not had to leave Oz, between 3 month stays, during the 12 month period.

But I am not totally sure of the practicalities involved.

Pollyana

Oh quite, don't get me wrong Peter, I'd never recommend lying! I was thinking more along the lines of; if they ask "what is the purpose of your visit?" then don't come straight out and say "I'm here to see my girlfriend cos we don't want to be apart", or there is a good chance you'll be on the next plane back.

When I was last in Oz in March, I was only too aware that even though I was only entering for a month, and had no intention of overstaying, if they found I was engaged to an Aussie they might not let me in. Hence I said something along the lines of "visiting a close friend, just for a holiday"
I did get more questions that time than on previous occasions, possibly because it was my third entry in 14 months, for about 3 weeks each time.

3pp

...there is also this little thing known as the rugby world cup...now how can any sell-respecting sport-loving australian, prevent me from coming to watch that!

ptlabs

You may get a non-Anglo Australian immigration officer


Peter

ptlabs

It's possible to remain in Australia (while not on an ETA) past the 3-month mark. This involves having lodged a valid application for an onshore visa, meaning a visa that may be granted while the applicant is in Australia.

This again invites the usual change of status issues that were mentioned in your previous threads.

Peter

westy9

I've been to Oz 4 times in the last 9 months on an ETA and haven't been questioned once. Admittedly they have all been ridicuously short trips for the distance involved. Each time I filled in the "visiting friends and family" box, which was true, and I was also carrying not much more than hand baggage.

I'd also been twice in the previous year on an ETA. Because of the timing of the trips I think I must have applied for the 2nd ETA before the first had fully expired, but again had no questions / problems.

Catherine