# Policy on tourist visa applications to visit partner in Australia



## Adventuress (Jan 8, 2012)

Hi everyone,

I have been reading Procedures Advice Manual 3 (PAM3), which are the official instructions given to decision-makers on migration law (=case officers). This is available through Lexis Nexis, a company which publishes law-related documents electronically, and it _should_ be possible for any member of the public to access it free at any local Australian university library, where the university has a law faculty.

I've found some interesting things that I thought would also be of general interest to the forum. *I am not in any way a lawyer, just a sponsor of a partner visa applicant, and this information is simply a reproduction rather than an interpretation.*

There have been a few threads from people who are hoping to visit their partner in Australia on a tourist visa, and are wondering whether they might be granted that tourist visa. This is the policy regarding all tourist visa applications, especially in assessing whether an applicant is a 'genuine visitor'.

(This is located in 'Generic Guidelines H - Visitor Visas' of PAM3.)



> *8.2 Assessing whether the applicant meets the genuine visitor requirement*
> 
> In establishing whether this criterion is satisfied, relevant considerations may include, but are not limited to:
> 
> ...


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## Adventuress (Jan 8, 2012)

And this is Section 46, as referred to in the previous post, which is the part that relates specifically to those tourist visa applicants that have an Australian partner:



> *46 In a relationship with an Australian*
> 
> *46.1 Overview*
> 
> ...


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## Adventuress (Jan 8, 2012)

And finally, section 61.3, about visa applicants who are pregnant:



> *61.3 Pregnant visa applicants*
> 
> The primary intention of the applicant will determine if a Medical Treatment visas (subclasses 675 and 685) or a Tourist (subclass 676) is most appropriate for pregnant visa applicants.
> 
> ...


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## russellie (May 16, 2012)

Fantastic work Adventuress. Ahh I love Lexis Nexis. This should be read by everybody as it answers so many quesions!

46.5 is especially important for the defacto couples trying to meet the 12 month living together requirement. I have always been a bit dubious of how immigration would view these applications for tourist visa but seems they are being very lenient. Great news!


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## Adventuress (Jan 8, 2012)

Yes, I wish I'd thought to read this thing earlier! Makes plenty of things very clear. I have been digging around some more but haven't yet been able to find any other interesting revelations. But of course, the thing is huge! Will keep posting as I find things.


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## Filogirl (Dec 3, 2012)

thanks for sharing TS..


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## kmarees1986 (Apr 23, 2012)

Adventuress said:


> And this is Section 46, as referred to in the previous post, which is the part that relates specifically to those tourist visa applicants that have an Australian partner:


If you don't mind me asking, where do you find this information?


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## Adventuress (Jan 8, 2012)

Hi, details in first post - you can probably access the law database at an Australian university library. It takes a lot of digging to find the relevant information, but you can get there. If when you go to Australia you're able to access it, send me a PM and I'll help direct you through it to find the PAM3.

Actually I just remembered that some Australian universities have access to information about UK law, so you might be able to find a university in the UK that has access to information about Australian law.


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## kmarees1986 (Apr 23, 2012)

Adventuress said:


> Hi, details in first post - you can probably access the law database at an Australian university library. It takes a lot of digging to find the relevant information, but you can get there. If when you go to Australia you're able to access it, send me a PM and I'll help direct you through it to find the PAM3.
> 
> Actually I just remembered that some Australian universities have access to information about UK law, so you might be able to find a university in the UK that has access to information about Australian law.


Thats great - thank-you. I am a student with an Australian Uni so I will check their online library.

Is it up to date?


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## Adventuress (Jan 8, 2012)

I should say so, it's a major law database with offices overseas, and I do remember seeing a note about recently updated information when I looked at it a little while ago.

If you're with a major university I'd bet you definitely have access through their online resources!


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## Dangs260 (Oct 16, 2013)

*not quite*

Based on the below line in section 61.3, we submitted a tourist visa as this was our exact situation. Got knocked back and was told to submit a Medical visa. So given this, I don't think a tourist visa will ever work in this situation. Don't know why they have that line in there. They don't follow this rule.

_If the primary intention of an applicant is to be with family members, travel and also give birth, then a Tourist visa can be granted or extended onshore._


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