Apply For Defacto/spouse Visa Whilst On Tourist Visa

[8ball]

Hi All,

Just want to run my senario by you guys to see what you recommend.

I am a permanent resident here in Australia. Thai girlfriend is currently here on a tourist visa multiple entry for 12 months. We've been in a relationship for almost 2 years and want to appy for the spouse/de facto visa (subclass 309).

The 12 month visa has no restrictions written on it regarding applying for another visa whilst here in Australia.

1. We would like to apply for the spouse visa whilst she is here in Australia. Is this possible to do?

2. Also if its possible to apply in Australia can she still travel back to Thailand for a holiday whilst the application is under consideration?

3. We dont really want to be apart during this process and thats why we would like to do it in Australia, however the holiday may cause problems.

4. How long does this application normally take, if we submitted all the necessary documents with the application?

Thanks for your help.

Cheers,

8ball.

[gburns57au]

Hi All,

Just want to run my senario by you guys to see what you recommend.

I am a permanent resident here in Australia. Thai girlfriend is currently here on a tourist visa multiple entry for 12 months. We've been in a relationship for almost 2 years and want to appy for the spouse/de facto visa (subclass 309).

The 12 month visa has no restrictions written on it regarding applying for another visa whilst here in Australia.

1. We would like to apply for the spouse visa whilst she is here in Australia. Is this possible to do?

2. Also if its possible to apply in Australia can she still travel back to Thailand for a holiday whilst the application is under consideration?

3. We dont really want to be apart during this process and thats why we would like to do it in Australia, however the holiday may cause problems.

4. How long does this application normally take, if we submitted all the necessary documents with the application?

Thanks for your help.

Cheers,

8ball.

This question poses some difficulty....

There is nothing I can find to say you cant apply for a further visa while she is here on a 12 month ME visa.....

However that visa allows for stays of up to 3 months only.....therefore one would suspect that you may need to apply for a bridging visa as the application process here may exceed three months.

To travel overseas on that visa requires compelling reasons as to why the travel is necessary. Also she would not be going back for a holiday as she is still resident there.

Any bridging visa would supercede the tourist visa. So she can remain lawfully while the Bridging visa is current.

Offshore applications can take between 4 and 12 weeks to grant....onshore applications...I dont have a clue as this is untested waters here on this forum, unless someone has done this and can advise differently.

One problem I see would be the Police clearance which requires attendance at the office in BKK. She would also need documents that she hasnt brought here to apply for the spouse visa....this and the translations and certified copies can be done through relatives but it will be time consuming and you havent stated how much longer her 12 ME visa has left to run.

None of us want to be apart from our partners....I married my girl on a tourist visa and then she applied over there....we will have been apart for 9 months by the time she gets here....its a long time...But in the end you have to do what you have to do....Have you given thought to the fact that she may want to spend time with her family before she makes the big move over...???

I hope that assists

[gburns57au]

Hi All,

Just want to run my senario by you guys to see what you recommend.

I am a permanent resident here in Australia. Thai girlfriend is currently here on a tourist visa multiple entry for 12 months. We've been in a relationship for almost 2 years and want to appy for the spouse/de facto visa (subclass 309).

The 12 month visa has no restrictions written on it regarding applying for another visa whilst here in Australia.

1. We would like to apply for the spouse visa whilst she is here in Australia. Is this possible to do?

2. Also if its possible to apply in Australia can she still travel back to Thailand for a holiday whilst the application is under consideration?

3. We dont really want to be apart during this process and thats why we would like to do it in Australia, however the holiday may cause problems.

4. How long does this application normally take, if we submitted all the necessary documents with the application?

Thanks for your help.

Cheers,

8ball.

This question poses some difficulty....

There is nothing I can find to say you cant apply for a further visa while she is here on a 12 month ME visa.....

However that visa allows for stays of up to 3 months only.....therefore one would suspect that you may need to apply for a bridging visa as the application process here may exceed three months.

To travel overseas on that visa requires compelling reasons as to why the travel is necessary. Also she would not be going back for a holiday as she is still resident there.

Any bridging visa would supercede the tourist visa. So she can remain lawfully while the Bridging visa is current.

Offshore applications can take between 4 and 12 weeks to grant....onshore applications...I dont have a clue as this is untested waters here on this forum, unless someone has done this and can advise differently.

One problem I see would be the Police clearance which requires attendance at the office in BKK. She would also need documents that she hasnt brought here to apply for the spouse visa....this and the translations and certified copies can be done through relatives but it will be time consuming and you havent stated how much longer her 12 ME visa has left to run.

None of us want to be apart from our partners....I married my girl on a tourist visa and then she applied over there....we will have been apart for 9 months by the time she gets here....its a long time...But in the end you have to do what you have to do....Have you given thought to the fact that she may want to spend time with her family before she makes the big move over...???

I hope that assists

Just to add....it maybe possible to get the Thai police clearance offshore....but I am not a 100% sure on that..I know it used to be possible but times have changed and the Police site states that the applicant needs to attend in person.

[8ball]

Hi Graham,

Thanks for your swift and knowledgeable reply, you are most helpful here on this forum as usual. To provide you with a bit more info, she has just less than 3 months left on her ME visa, it will expire near the end of March but as long as she arrives before the visa expires she will get a further 3 months.

She would like to apply for the visa ASAP so that she can study, however i would prefer to take a trip to Thailand with her near the end of Feb for a holiday. That way we can get all the documents rounded up and another police clearance form, (we got one already but i think its only valid for 3 months). She has most of the documents here now i think.

Then when we come back to Aus she will get her last 3 months and hopefully we can apply then and go onto any bridging visa if required. She has been back to Thailand several times over the past year and spent time with her family, that won't be an issue as we would still plan regular holidays every year back to Thailand.

I presume there are no travel restrictions about leaving Australia once the spouse visa has been granted. I mean can we still take holidays back to Thailand every year?

Am i correct in thinking that once the visa has been issued she will be entitled to live, work and study in Australia for approx. 2 years before she will recieve permanent residency. During those 2 years will she be allowed to return to Thailand for holidays etc.?

Would there also be a limit of how long she was allowed out of Australia, i mean could we take an extended holiday of say 2-3 months.

Thanks for your help again,

Cheers,

8ball.

Edited December 30, 2007 by 8ball

[david96]

It might well pay to contact the nearest office of DIAC to obtain the information that you require. Tell them exactly what you want to do.

The financee "prospective marriage" is available using this you could have your TGF in Australia within 3 months, but of course you would have to get married after she arrives in Australia.

[gburns57au]

Hi Graham,

Thanks for your swift and knowledgeable reply, you are most helpful here on this forum as usual. To provide you with a bit more info, she has just less than 3 months left on her ME visa, it will expire near the end of March but as long as she arrives before the visa expires she will get a further 3 months.

She would like to apply for the visa ASAP so that she can study, however i would prefer to take a trip to Thailand with her near the end of Feb for a holiday. That way we can get all the documents rounded up and another police clearance form, (we got one already but i think its only valid for 3 months). She has most of the documents here now i think.

Then when we come back to Aus she will get her last 3 months and hopefully we can apply then and go onto any bridging visa if required. She has been back to Thailand several times over the past year and spent time with her family, that won't be an issue as we would still plan regular holidays every year back to Thailand.

I presume there are no travel restrictions about leaving Australia once the spouse visa has been granted. I mean can we still take holidays back to Thailand every year?

Am i correct in thinking that once the visa has been issued she will be entitled to live, work and study in Australia for approx. 2 years before she will recieve permanent residency. During those 2 years will she be allowed to return to Thailand for holidays etc.?

Would there also be a limit of how long she was allowed out of Australia, i mean could we take an extended holiday of say 2-3 months.

Thanks for your help again,

Cheers,

8ball.

I will take the easy one first....there is no restriction on work, study or travel once she has been approved.

I believe the police clearance is valid for 12 months....but a new one wont hurt...they are free except for postage. So she can update that before she comes....Another point is that she may also require an Oz Federal police clearance....if she has spent a total of 12 months here accumulatively.

The medical could also be done before she gets here, it is cheaper there....they will send the results to the embassy in BKK....so she will need a receipt number or document ID. Probably easier to get it done here though, it depends on whether the application is processed here or in BKK....they used to send it to BKK to be processed but I am not sure on what the procedure is now.

Remember that the police or medical check usually starts the clock....the date of entry if granted is 12 months from the date of the first document received by the Embassy or Department....in other words the 12 months starts from the earliest date shown on police or medical checks. Of course that doesnt apply if she is here during the application process.

So far I dont recall anyone recently doing it in the manner you are proposing....tourist visa to spouse visa...my celebrant did ask if we wanted visa assistance after we married and some do advertise visa assistance as well, so it seems that it can be done. I am almost certain that the bridging visa would be used in this situation....with that visa the same restrictions apply as to the visa it supercedes, if it supercedes the tourist visa then the tourist visa conditions still apply.

You can apply on the defacto basis but that is a fairly hard road to go down....you have to show that you have lived together for 12 months on a permanant basis prior to lodgement. I dont believe that they would consider her time here as a tourist meets the criteria. If refused on a defacto you can appeal or reapply after marriage for a spouse visa. If any application is re-applied for, they will scrutinize the second application very closely....you need to get it right the first time.

A phone call to Immi would be the best course to get the right advise on this.

[Rowdy]

It is definately possible to apply for a spouse (defacto) visa while in Australia on a tourist visa. Time spent together in Australia while your partner is on a tourist visa does count towards the 12 month minimum time requirement. I have had friends get visas for theis partners (thai and others) in this manner.

If you apply for a spouse visa in Australia I believe the process will be for DIAC to cancel the tourist visa and replace it with a bridging visa. When this happens your partner will be stuck in Aus and unable to travel outside of Aus, all other Visa conditions remain the same as for the visa your partner held before the bridging visa - no work etc. The length of time the tourist visa is valid becomes irrelevant since the bridging visa remains valid until a decision is made on the spouse visa application. Your partner may also be eligible for a medicare card at this point pending processing of the application. The only way for your partner to return to Thailand in this period is if she can show 'exceptional circumstances' (sick waterbuffalo???), in which case you will need to apply for a different bridging visa at the time those circumstances become apparent.

Processing time is the biggest unknown. One of my friends had their application approved immediately, one is still waiting after 6 months

[gburns57au]

Thanks for the input Rowdy....valuable info given....I was hoping that someone who had some knowledge on it would post....

Pretty much what I thought...

Wasnt sure either about the 12 month on a tourist visa counting towards de facto so thanks for clarifying that point also.

Appreciated

Graham

[8ball]

Thanks guys for your replys,

So it seems that what we are proposing to do is possible. I think it's better then to delay our application until after the holiday. This will also give us a chance to get all our documents in place and consider our options for the police and medical checks.

I agree that getting the checks done it Thailand would be cheaper but it may complicate the issue if the application is processed here in Australia.

I will definately have a chat with the local DIMA office here in Australia and outline my proposal and see what they recommend. I suppose they would be helpful and give me more info regarding the application process, especially the medical aspect.

I take it we are not breaking any visa conditions by attempting to do things this way, we just simply wish to remain together during the whole process.

Thanks again guys for your input and I would welcome any further comments or experiences from people who have tried applying this way before.

I presume then that most people have either gone down the marriage route or prospective spouse(engagement and get married within 9 months) visa. Has anybody else tried the defacto spouse way and lived together for 12 months either in Australia/Thailand or a combination of the two.

I'll keep you all posted as to how things progress.

Cheers,

8ball.

Edited December 31, 2007 by 8ball

[david96]

The problem with a tourist visa 676 is that the applicant does not get temporary resident status while in Australia and must comply with the conditions of that visa. For this reason she may have to return to Thailand and apply there.

If she had temporary resident status in Australia it would be a different matter.

[8ball]

The problem with a tourist visa 676 is that the applicant does not get temporary resident status while in Australia and must comply with the conditions of that visa. For this reason she may have to return to Thailand and apply there.

If she had temporary resident status in Australia it would be a different matter.

Hi David,

I can't see anything on the DIAC website relating to the fact that the applicant must be a Temporary resident in Australia before applying. In fact once the visa(820) is granted the applicant will then receive Temporary resident status for approx. 2 years before receiving Permanent status.

Only the Sponsor must be a Permanent Resident or Citizen, no criteria regarding residential status for the applicant is stated as far as i can see.

Personally i am not sure of the facts like many others here but i will speak with the DIAC regrding our intentions and see whether its "do-able" or not. Rowdy who posted earlier seems confident that it is possible as he has friends who have recieved defacto spouse visas whilst staying in Australia on 12 month ME tourist visa's.

I'll keep you all posted.

Here's a link for further reading,

http://www.immi.gov.au/allforms/booklets/1127.pdf

Cheers,

8ball.

[fishhooks]

8ball:

A long time back (about 16 years) but I married my first wife in Australia whilst she was on a Tourist Visa from Shanghai.

I can't remember whether it was a 3 month or 6 month, but was definitely not a 12 month type.

I'm also fairly sure this visa had as one of the conditions, No further stay or No residence.

The Australian Immigration people could not have been more helpful and we were treated very well.

I always find, go and sit down and talk to someone and dress nicely.

Maybe a bit old fashioned and quaint, but has worked for me in the past.

[gburns57au]

The problem with a tourist visa 676 is that the applicant does not get temporary resident status while in Australia and must comply with the conditions of that visa. For this reason she may have to return to Thailand and apply there.

If she had temporary resident status in Australia it would be a different matter.

What we have been saying that as long as the 676 visa doesnt have the NFS condition such as the 12 month ME visa.....then the spouse visa can be applied for and then a bridging visa so that the applicant can stay in Oz.

What has been shown is that the process for the onshore application takes a lot longer than the offshore application.

And of course the Thai police clearance remains a sticky point.