# VISITOR(Subclass 600)-Query on Maximum 12 month stay in 18 months



## agnel25 (Jul 28, 2014)

Hello Members

Trying to understand the "Maximum 12 month stay in 18 months" condition in Visit visa for parents.
Situation is as follows:-
- Applied for 12 months visit visa (tourist stream) and visa granted for 18 months with 12 months stay. These are the conditions mentioned in the visa
Visa Grant Date- 05 September 2016
Stay For/Until- 12 Month(s)
Entries- Multiple
Last Date to Arrive-05 March 2018
Conditions:
8101 - NO WORK
8201 - MAX 3 MONTHS STUDY
8501 - HEALTH INSURANCE
8503 - NO FURTHER STAY

They arrived end of September last year and we want them to return to India this September and come back again in a month or so. 
As there is no 8558 condition ( 'Maximum 12 month stay in 18 months' ) in their visa can they come back in a month or so and stay until Visa expiry (March 2018) ?
Border.gov.au site doesn't specifically says about this rule and I see in forums people discussing about 8558 condition mentioned in their visas. 
Wondering if 8558 condition is like a universal rule for all visit visas or if it is not mentioned we need not worry and go ahead with the travel plan.

Can anyone help me understand this or provide inputs based on their experience?

If this is already discussed please point me to that thread.!

Many Thanks


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## kaju (Oct 31, 2011)

agnel25 said:


> Hello Members
> 
> Trying to understand the "Maximum 12 month stay in 18 months" condition in Visit visa for parents.
> Situation is as follows:-
> ...


They won't be able to do what you are suggesting - all you have to do is look at what you're written: *Stay For/Until- 12 Month(s)*

They applied for and got, a 12 month Visitor visa.

The maximum stay is a total of 12 months, in an 18 month period. 

Your parents will be able to stay a maximum of 12 months in that 18 month period, and can not apply for another visa while in Australia.

The 8558 condition is not relevant as it is applied for visitor visas of longer duration - for the visa issued to your parents the condition is not stated as the visa is only issued for a maximum 12 months stay in the 18 month period mentioned anyway.


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## agnel25 (Jul 28, 2014)

kaju said:


> They won't be able to do what you are suggesting - all you have to do is look at what you're written: *Stay For/Until- 12 Month(s)*
> 
> They applied for and got, a 12 month Visitor visa.
> 
> ...


Thanks for the quick reply. Point noted and Makes more sense to me now.


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## Mark81 (Aug 14, 2017)

Hi - reading this thread - I have a similar/ related question to the original poster: If, in this example, the parents left in September of this year, can they (whilst outside of Australia) apply for a 651 visa [if eligible] and re-enter a month later?

My assumption is yes - as they've exhausted the 12 months of 18 in the original (subclass 600) visa, therefore could get a new visa/visa-type to re-enter, that would supersede the original 600 visa...
or does the 18 month rule continue until that is exhausted?


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## kaju (Oct 31, 2011)

Mark81 said:


> Hi - reading this thread - I have a similar/ related question to the original poster: If, in this example, the parents left in September of this year, can they (whilst outside of Australia) apply for a 651 visa [if eligible] and re-enter a month later?
> 
> My assumption is yes - as they've exhausted the 12 months of 18 in the original (subclass 600) visa, therefore could get a new visa/visa-type to re-enter, that would supersede the original 600 visa...
> or does the 18 month rule continue until that is exhausted?


Your assumption would be wrong.  

You can't just get a new visa - that would defeat the condition originally placed on the earlier visa. 

You can't milk the system that way - and visitor visas are not intended to be for very long term stays, and normally will never be issued one after another without the applicant having a significant period outside Australia. 

In any case, the Case Officer would see the period of the last visa was still current and the application would be immediately refused.


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## Mark81 (Aug 14, 2017)

Thanks Kaju, I get your points!

Just my Mum wants to apply for an aged parent visa when she turns 65 (but now realise it is 65.5). She booked tickets to come in November, and was going to come on a 651 tourist visa, with a couple of hops to NZ every 3 months to meet that condition. (Turns 65 in July so the intent was to apply on-shore then).

As the retirement age increased, she'd now need 2x 651 visas "back-to-back" and 4 hops to NZ, which would allow her to apply on-shore for the aged parent visa in January 2019... with this option I just don't think any migration officer would grant a second 651 visa straight after the first expired, not would she be easily allowed back in the country on the third trip to NZ?

The 600 visa has the 8503 no further stay condition, so that doesn't allow the application for the Aged Parent visa, hence the need of getting the 651 visa, to allow us to apply for this one.

Any ideas or advice


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