• Evidence that the applicant has been employed for at least the previous 12 months, has approved leave for
the period of stay sought and will continue to be employed on their return home or
• If self-employed, evidence they have owned their own business for the previous 12 months.
• If retired/non-working have other financial commitments and/or family/social ties that would provide
sufficient inducement for them to return to their home country at the end of their visit.
• good immigration history.
Support/guarantees by Australian connections
Generally, offers of support or guarantees given by family and friends in Australia are not sufficient evidence of
a genuine temporary stay. The onus is on the applicant to satisfy the s65 delegate that the applicant intends only
to stay temporarily in Australia. Guarantees from connections in Australia can, however, be critical in assessing
whether an applicant has access to adequate means of support. Refer to Adequate means of support.
Intention to make a further application in Australia
If an applicant applies for a visitor visa but intends to make a further visa application in Australia (whether this
intention is stated or not), this does not necessarily indicate that the applicant does not intend a genuine
temporary stay and is not a reason in and of itself to refuse the visitor visa. If the Regulations allow an
application to be made in Australia by an FA-600 visa holder in Australia, s65 delegates should not be seeking
to block this pathway.
In addition, an intention to apply for a further visa in Australia does not necessarily indicate that the person will
not leave Australia before the FA-600 visa ceases. The question to consider is not “will this person apply for a
visa in Australia” but rather, “if this person does not apply for another visa in Australia, or if they apply and are
refused, will they abide by the conditions of the visa and will they leave Australia”. The answer to this will help
to determine if the applicant intends a genuine temporary stay.
If there is a stated intention to apply in Australia for a visa (such as a Partner visa), s65 delegates should focus
on assessing if the applicant intends a genuine temporary stay in relation to the FA-600 visa for which the
person have applied – the focus is not on assessing any relationship:
• The genuineness of a relationship will be assessed if and when a Partner application is made. Applying for a
Partner visa in Australia is a legitimate visa pathway.
• It is acceptable for a person to apply for an FA-600 visa in order to be with their partner to maintain an
established relationship.
• An applicant who discloses an intention to continue a relationship (or, enter into a relationship (as they have
not met before)) should not be disadvantaged as a result of that disclosure
Taking a fair and reasonable approach
Officers should take a fair and reasonable approach to the genuine temporary stay requirement, particularly if
the applicant is in a continuing partner relationship with an Australian citizen or permanent resident and/or there
are children involved – refer to In a partner relationship with an Australian citizen/resident.
The focus should be on the current intentions of the applicant. Consequently, the genuine temporary stay
requirement can be satisfied, even if there is a possibility that the applicant might later attempt to make a further
application in Australia, seek permanent residence and/or return to Australia.
If the period of stay requested raises concerns about an applicant’s ability to meet the genuine temporary stay
requirement, case officers should consider whether a shorter period of stay would enable them to be satisfied
that the visa criteria are met.
De facto residence
In deciding whether a visitor visa applicant intends a genuine temporary stay, s65 delegates should consider
whether the applicant is attempting to circumvent proper migration channels and use the visitor visa program to
maintain ongoing residence in Australia.