Tourist Visa? Or Fiance (Prospective Marriage) Visa?

We at Down Under Visa get requests from men all the time wanting to get a tourist visa for their fiancee.

The men are generally thinking one of two things:

1. They’re thinking that a tourist visa is an easier way to bring their Filipina fiancee to Australia from Philippines and for her to remain, thus avoiding all the red tape. Bring her to Australia on a simple tourist visa….marry her….and she stays.

Or:

2. They’re thinking that maybe she needs to see Australia to see if she likes it or not.

tourist visa or prospective marriage visa aka fiancee visa, or applying for an australian partner visa on a tourist visa

Can you organise a partner visa on a tourist visa stay?

In answer to the first issue, there’s no dodging the “red tape”. Australia guards its borders very carefully, and there is a complex system of laws in place to prevent people “jumping the queue”. Applicants from countries where it’s perceived that many over-stayers and potential over-stayers come from, like the Philippines, will almost always have a Condition 8503 placed on tourist visas. This condition says “No Further Stay”, which means you can’t apply for another visa while the applicant is in Australia. So at the end of the trip, she goes back. Simple as that.

Note that this is an updated BLOG post. The above was correct in 2012, but less so in 2017. Condition 8503 is not “almost always” anymore from Manila. In fact we haven’t seen one from Manila for about 3 years at this stage. However whilst yes you can apply for a partner visa inside Australia if you have a valid application to make, you can’t expect to just decide whilst on a tourist visa that you might slap together a speedy partner visa application and expect to lodge it. This is especially the case if you decide to get married in Australia, which also takes time and effort to make happen. So it still comes back to the same thing. Don’t get a tourist visa to Australia, and then assume you can easily remain there!

So basically, it won’t work. If she gets a tourist visa at all (which is no certainty), she will only end up going back anyway.

Fiancee Visa versus Cold Feet

And in answer to the second question:

This is generally plain ol’ “cold feet”! Think about it, and you’ll realise I’m probably right. It’s a common condition in men. Fear of taking the plunge, so you dip your toe in the water. Getting a tourist visa is the migration version of dipping a toe in the water!

If she loves you, she will love Australia! She will love your home if she loves you! What kind of girl says “OK. You are the man of my dreams, and I want to spend the rest of my life with you…….but I prefer Manila to Melbourne!”?? Is this really likely?

Chances are if you do this, about a week before you have to put her on the plane back to Manila, you’ll be kicking yourself for not applying for a fiancee visa. It could have been well and truly being processed by this stage, and you’ll be bidding farewell to the woman you love instead. And if you want her to be with you permanently, you’ll have to start at the beginning.

So why not talk to us at Down Under Visa about a Fiancee Visa (Prospective Marriage Visa). Take our FREE ASSESSMENT of your case, and we can give you an honest assessment and tell you if your chances are good.

NOTE: This is an update of a post from May 2012

Can we apply for an Australian partner visa with a registered relationship instead of marrying?
Can you sponsor a Filipina on an Australian partner visa when bankrupt?