Detail Question Of The Week



Can we stay on a tourist visa until our contributory parent visa is granted?

Category:Family and Partner visas

Question asked

Hello,

My wife and I have a lodged Contributory Parent 173 Visa from 1st November 2016, we expected the visa to be granted soon, however the wait time now appears to have increased to 37 months, this means that we need clarification for our 600 tourist visa ( attached.)

We paid an agent in the UK to work for us, but she appears to have ceased trading and has not responded to our recent emails.

We have been onshore since 16th August 2017, helping our daughter and son - in - law with their growing family.

We are booked to go back to the UK for 6 months on 22nd March 2018 and wish to return on 23 September 2018.

Our 18 month period will be up on February 16th 2019, from our calculations.

Our question is: Can we stay for a full 12 months from our return on 23rd September 2018 or do we need to be off shore for a particular amount of time from February 16th 2019?

Kind regards
M.

Answer provided by our agents

Hello M.

I would like to inform you that you can come back on 23rd September 2018 to Australia and then stay for 12 months. According to your visa condition you are allowed to stay for 12 months from the date of each arrival.

Another condition is you are allowed to stay a maximum of 12 months in "ANY" 18 months. You were here on 16th August 2017 and leaving to UK on 22nd March 2018. Which is 7 months from the date of arrival.

From 22 March 2018 till 23rd September 2018 you will be in UK which is 6 months. Once you are back in Australia on 23rd Sep 2018 you can stay in Australia for next 12 months. Your 6 months break will reset the counter so you can stay 12 months. Also you won't breach the maximum stay of 12 Months in any 18 Months.

However, if you decide to stay for 12 Months after 23rd September you will have to stay offshore for 6 Months after completing the 12 months before coming back again.

Don't worry you are not breaching any visa conditions and you are good to travel, comeback and stay for next 12 months.

Regards
Migration Agent