Can My Thai Girlfriend Apply For An Extension?

Can My Thai Girlfriend Apply For An Extension?

My Thai girlfriend was granted an Australian tourist visa. She’s in Australia now. Can she apply for an extension?

This is a very common question that gets asked all the time. Whether she can apply for another tourist visa whilst she is in Australia will depend upon a very important factor. Does she have the no further stay condition attached to her tourist visa? If so, then she will not be able to apply for any other visa whilst she is in Australia. This means a further tourist visa or an onshore partner visa for example. She will have to return to Thailand or another country to make a further offshore application

When your girlfriend was granted her tourist visa the decision-maker had the discretion to impose the no further stay condition. It is actually called condition 8503. It is usually imposed where the decision maker at the Department of Immigration and Citizenship (DIAC) has some residual concerns that your girlfriend may not be intending to visit Australia as a genuine visitor only. In only very exceptional circumstances can the no further stay condition be waived which would then allow your girlfriend to make a further onshore application.

A visa extension can be granted

If your girlfriend does not have the no further stay condition attached to her current tourist visa, she would be allowed to apply for another visa whilst in Australia. As a strong word of caution however she still needs to satisfy all of the criteria relating to the visa that she is going to apply for. If she doesn’t satisfy the criteria the visa application will be refused.

In the absence of the no further stay condition your Thai girlfriend will able to apply for an extension online. This will only allow for a 3 month stay however. If she wants to stay longer than that then she will need to make a paper application with supporting documentation and lodge it with an office of DIAC in Australia. She must make sure too that she pays the appropriate visa application charge or it will be an invalid application.

On a final note as your girlfriend is from a high risk country for TB. If the grant of a tourist visa would allow her to stay in Australia for a period of more than 3 months, then she must also undertake a chest x-ray to rule out TB.

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On August 23, 2010, posted in: Visa Advice by
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