Genuine Intention to Stay Temporarily

If you are a first time traveller, from a high risk country, you need to apply for a short period of time. 1-2 weeks. If the visa is granted, your can see your friends and family, return home and apply for another visa. Australia is an expensive place to live and visit. If you come from a country of relative economic insecurity, social unrest or war, you are not going to be granted a 3 month visa on your first attempt.

The Department will consider 3 things.

  • Have you substantially complied with your last visa or bridging visa within Australia
  • Do you intend to comply with any conditions that might be placed on your tourist visa.
  • Any other relevant matter.

Previous Compliance with Visa Conditions in Australia (former students, working holiday visa holders and former tourists)

  • Previous Trips to Australia – This information will be available to the department, however if you did not comply with previous conditions you should explain why. For instance, if your flight was cancelled/delayed and you left a day or two after your visa expired, if you were sick or hospitalised and had to delay your travel, provide medical certificates etc. The onus is on your to explain poor past compliance. The more serious your breaches, the less likely it is you will be granted a further visa. The Department will know that you overstayed your visa, they will not know why. It is your responsibility to provide evidence for this delay.

Intention to Comply with Visa Conditions

  • There might be adverse information about you, in your cover letter you should state that “in the unlikely event that you are presented with adverse information about me, natural justice requires that this is put to me for response, I am aware of no such information”.
  • How will your support yourself during your stay. It is best that you can show that you have the available funds to purchase a return flight, your accommodation and spending money for your trip.
  • You are not allowed to study for more than 3 months on a tourist visa.
  • You are not allowed to work on a visitors visa. (condition 8101). Work is broadly defined and includes volunteer work.

Other Matters

  • Your Currrent Employment and Financial Circumstances
    • Bank Statements (3 months) showing saving history.
    • Pay Slips showing regular income stream.
    • Employment Contract (work histoy)
    • Letter from Employer stating your are on annual leave and have a job to return to.
    • Self Employed – Supply business leases, work orders, showing you have responsibilities to return to.
  • The economic situation in your country of residence or home country. (High Risk Countries)
    • If you have a business, or government job that is secure, provide an essential service etc, the you can state that you are uneffecteed by the current economic situation in the country. The Department can only exlude you if you are effected, by these situations.
  • Conflict in your current country (High Risk Countries)
    • Many countries have conflicts that occur in specific areas rather than across the entire country. If you can state that you live in an area away from the conflict and are not effected by the conflict, then you should do so. The department can only exclude you if you are effected by the conflict.
  • Incentive to return to your home country.
    • family members and children that you care for.
    • property that you own.
    • apartment lease in your name, showing your regular ongoing living situation.
    • students in the middle of a course, then that is an incentive to return home.
    • strong family and communities ties
  • Your International Travel History – Particularly to other developed countries
    • If you have never travelled before and you come from a “high risk country”, it is definitely advisable to travel to a developed country before applying to come to Australia.
    • Overseas Travel – Provide all previous visas, flight details and passport stamps to show that you have complied with your previous visas.
  • Ties to Australia and incentives to remain in Australia
    • It you have another trip planned in the future, that trip is clear evidence that you intend on leaving Australia.
  • Credibility and consistency of information supplied.
    • Do not lie or make misleading statements in your application. You will get a 3-10 year ban.
  • Offers of support from friends/family which substantiate reasons for travel.
    • Family support should be presented in a sworn Statutory Declaration, stating what the level of support is and evidence of how it will be supplied.
    • Friend support is much more difficult – use the Sponsored Visa Kit.
  • Compelling OR Compassionate reasons which could effect an Australian Citizen or permanent resident
    • Attendance for funerals
    • Caring for sick or injured relatives
    • Trips for major events like marriage, milestone birthdays, always useful if you can show a strong family link
  • Whether you have already lodged another visa (ie Spouse Visa)
    • Spouse Visa – I recommend the Sponsored Tourist Visa DIY Kit.
    • Other Visa – You need to explain why you cant wait for the other visa to be granted. Maybe you are doing an exploratory visit for accomodation or schooling for children. These visits should be short, the Department doesn’t not accept reasons which presume that your other visa will be granted and you definitely want to avoid the appearance of anything work related.
  • The purpose of your visit, including duration and activities
    • Have a well documented itinery of where you staying and what you are doing.
    • Print our your research, quotes and supply them with the application.
  • The total term you have already spent in Australia on previous visits.
    • If you have previously been in Australia on a WHV or Student Visa, your need to take a break before coming back to Australia.
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