Larz2013

Id be getting an agent to help you out...

The aus immigration doesnt care how it affects you/your job prospects if you dont get the waiver.

Basically the dept of immigration / border farce has to make a cost / benefit analysis of the cost of granting a health waiver vs not granting it.

Link?

@Larz2013 : demonstrably incorrect sorry.. I've sought advice from several lawyers specialising in immigration law, and I work in a semi related field.

@Larz2013 & @Supaluke

There's a litany of matters heard by the MRTA / AAT, but to pick a few:

• Dougal
• Abcdeav

If you're interested in the legislation, you're looking for public interest criteria 4007 s2 provides:

             (2)  The Minister may waive the requirements of paragraph (1)(c) if:
                     (a)  the applicant satisfies all other criteria for the grant of the visa applied for; and
                     (  the Minister is satisfied that the granting of the visa would be unlikely to result in:
                              (i)  undue cost to the Australian community; or
                             (ii)  undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.

2bi is the relevant clause.. that's the cost / benefit part - they need to examine the cost of approving the waiver vs that of not approving. The proposition being that I will move to Thailand if the waiver is not granted.

Also the departments Procedures Advice Manual, which I can't link because it's not available online, runs thusly:

Other factors
Other factors that should be taken into account include (but are not limited to):
* the education and occupational needs of, and prospects for, the applicant in Australia over the whole period of intended stay;
* the potential for the applicant's state of health to deteriorate, taking into account not only the known medical factors but also influences such as the strains of adjusting to a new environment, life-style, occupation etc (as applicable to the visa class and the individual);
* the overall lifetime (or lesser period according to the intended length of stay) charge to Australian public funds;
* factors preventing the sponsor from joining the applicant in the applicant's own country;
* whether there are Australian children of the relationship who would be adversely affected by a decision not to waive;
* the location and circumstances of family members of the applicant and the sponsor;
* the merits of the case eg the strength of any humanitarian or compassionate factors (reasonable weight is to be given to humanitarian circumstances).
* the immigration history of the applicant and sponsor, including eg compliance to date with immigration requirements and any undertakings.

Item 4 being the relevant one. Generally sponsors in my position refer to the limited availability of health care, the limited employment prospects, and the difficulties in naturalisation.

Some other stuff you should probably check: Dunning Kruger Effect

not sure why you are asking for help when you seem to know it all then.

Id be getting an agent to help you out...

The aus immigration doesnt care how it affects you/your job prospects if you dont get the waiver.

Hi larz,

Thanks for your reply. Yes I read that you had loads of issues with the police report.

So I spent nearly 2 years here, 2013/2014.

That will mean I need a Thai police check too?

Re. The translations, is there someone you used here in BKK that you can recommend?

Cheers Boots

Yeah thats correct!

We didnt use any translators in Bkk sorry, we live in the south.

Thanks for the quick reply, Gopro.

So will things like joint wedding invitations (to other peoples weddings), gym membership? Plane ticket reciepts and travel itineraries help?

I did use the "email conversation" option on whats app and viber so have records of 2.5yrs of conversations over social media both meaningful and meaningless 555.

Regarding official translations, for instance the thai birth certificate.. needs to be translated to English?

Hey Boots!

We used an agent and he's been worth every cent.

Yes anything with both ypur names on.. anything at all! Flights, hotels, invitations photos of jmportant times like xmas songkran loy krathong letters and emails from family general receipts of travels ...

Yes everything needs to be translated into english with the official stamp.

Police check is the most painful experience of the whole visa...

Hi Guys,

I am just about to start this process with my partner. I am not sure if I should go with de facto or pmv.

we have been together since Dec 2012, although we are not married we have been engaged since July 2014. She has travelled here to oz on 3 x 3mth Tourist Visas over the last 2 years and I have visited her in Thailand 8 times Totalling 140 days many of them at the family home in her village. I live and work in Australia she lives in Thailand supported by me.

I guess my question is do you think I would qualify as a de facto in the eyes of DIBP? As the cost is now $8585 AUD (includes her daughter) I do not want to screw this up

They are very strict on 12 months co habitation... so you dont qualify!

Getting married means you dont have to prove living together for 12 months.

Larz any update to your application?

Hey Gopro!

Ours has been the biggest shit fight, all because of a tiny police record from when he was 14yo!!

Itll be 17 months nov 5th.

Looks like the decision is coming soon. They took too long, so the pol check from thai lapsed so we had to get him another one- which is a shit fight in itself!

He came on a TV, so that was good. Im usually in Thai alot but have been in Aus for 7 months due to Nursing work!

Bloody painful.

Hi all,

Need a visitor visa for my Thai wife for Australia. I would like to know if there is anyone on Samui offering this service to avoid going to bangkok or applying by mail. i normally would do everything myself but am too wrapped up with work commitments at the moment and i simply do not have the time.

we will be going to visit my wife's sister and her family who live in Australia. We already have a signed and verified formal invitation by them, all their passport copies etc etc etc which they sent.

i need a reputable agent who would ask me for all documents and forms required and take care of everything at a fee and i cannot seem to find any on Samui.

Anyone have any ideas?

cheers for the input

The guy near orgasmic restaurant before big buddha pier (who does legal translations for visas) is also a visa agent.

Hey! I know the pain of the visa, we are still waiting 15 months later... Minor police convictions in Thailand 25 years ago apparently is a pain in the arse!

Unfortunately they are pretty much <deleted>, and love some good rules & paperwork.

You need to live together for 12months, before you apply. Or be married, which deletes that 12 month requirement.

You've already paid though, so id be submitting the joint bank account, all the receipts, and stat decs from both of you stating you have no signed lease contracts, but live together in thailand at *this address* when you visit and at *this address in australia* when shes here. Get those signed by JPs.

Goodluck! Youve got a massive wait and headache in front of you.

When on the partner visa, you gave to live a majority of time in Aus, or she will not receive permanent residency.

Im lsughing too, because theyve given us a tourist visa. Such noobs! They have no idea what each arm does.

This post seems to have info missing.

What do you mean?

So why don't they know what they're doing because they gave you a tourist visa?

Didnt think we'd get the TV with the pending partner visa.

Im lsughing too, because theyve given us a tourist visa. Such noobs! They have no idea what each arm does.

This post seems to have info missing.

What do you mean?

Immi

Yes, thats right! Takes about 10 working days for an answer.

Im lsughing too, because theyve given us a tourist visa. Such noobs! They have no idea what each arm does.

Case officer Bangkok. Agent in Sydney.

Utterly pissed off. After 10 emails not replied to, the case officer replied today saying he didnt have Thai police certificate. Which he did have, because he asked for character recerences in regards to it. Utter idiot!

He obvs forgot about our application and wanted to put tge blame back on us.

After we resent it today, he notified us that the application has now been placed into the hands of Visa Applicant Character Consideration Unit . VACCU, that deal with immigration security, ASIO etc.

We are looking at another 3 months to 2 years.

Yes, she will have to apply for another tourist visa. Try for a 12 month multi entry.

Keep in mind, she has to still show she has reasons to return home.

Does her tpurist visa have a no further stay on it? If so, she cant apply in australia, and 2ont be given a bridging visa.

Waiting times are 8-12 months offshore and 12-18 months onshore. She wont have it in 3 months.

If she doesnt have the no further stay, and applies in Australia, sh3 can leave the country, but must be in the country for an answer to be given. Usually the case officer will let you know when to be in the country.

When given the temporary partner visa, sh3 must be in Australia the majority of time, to then be given permanent residency in 24 months ish. If she spends a large amount of time out of Aus, they wont grand her perm res.

She will get medicare when.ahe gets temporary partner visa.

We were notified today that our visa was approved. 10 months something. So very happy the wait is over.

Congrats Xen. How exciting!

We are still waiting. 11.5 months.

Yeah, realised that after i sent it. Vfs replied after i had sent it to immi. Thankyou!

Sent one also to [email protected]

At 8 months i sent an email and got a reply only a couple of hours later.if i were you i would be sending one

Good. I just sent one to [email protected] is that correct?

Thanks for the support guys, you're all great!

Who do i email???

We have an agent, he has sent a few emails! No reply to any of them. How the hell is it taking so long?

Was yours submitted online? Online apps are taking longer for some silly reason.