Legal evasion of requirements and its consequences.

On social media, it is not uncommon to come across the question if it is considered a violation if a visitor (tourist) in Australia on a Visitor subclass 600 visa with multiple-entry facility left the country for a few days or weeks to visit a nearby country, only to return and continue their stay in Australia for as long as the visa permits.

Technically, there is no breach, and many visitors do this. In fact, some even recommend this approach as a way to “circumvent” visa conditions.

However...

We recently had a case involving a citizen of the Philippines who was denied a Visitor visa. When we requested the reasoning for the refusal, we found a scenario that matched the one described above.

Over the previous year, she had frequently visited her boyfriend in Australia, staying with him for about three months at a time before formally exiting the country and returning home for a couple of weeks. This pattern repeated several times. Everything seemed fine until her visa expired, and she had to reply.

This time, the immigration officer carefully reviewed her travel history, calculating the time she spent in Australia versus the Philippines. The officer concluded that her intent during her previous stays was not consistent with the temporary nature of the Visitor visa. As a result, her new visa application was denied.

Conclusion: The requirement ‘genuine visitor’ or ‘genuine temporary entrant’ imposed on temporary visas is as strict as all other eligibility criteria. Though it seems less straightforward how the Department assess a visitor’s intentions, be sure there are mechanisms to protect integrity of Australia’s visa system. Violating this visa condition doesn’t necessary result in cancellation of a visa. However, it will inevitably and adversely affect your future visa applications.