bridge

Possibly putting together an application soon.

I have been hard at it reading up on all the requirements.

I found this statement on the DIAC web page ........"The Visa Application Charge must accompany your application and is generally not refunded if the application is unsuccessful."

Does anyone know under what circumstances the application fee may be refunded ???

Just wondering, as due to the non-payment of a family debt, we will be lucky to have $40K Aus when (if) we apply.

Thai Chi

There are only limited circumstances where the visa application charge ("VAC") must be refunded and circumstances where it may be refunded (Migration Regulations 1994 - Reg 2.12F.

The DIAC must refund the VAC if the applicant dies before a decision is made on the application.

The DIAC may refund the VAC in the following circumstances:

· the application was made because of a mistake by the applicant; and

· the applicant withdraws the application in writing; and

· the person who paid the charge makes a written request for a refund.

Regards

bridge

Hopefully we will be doing the papers early next year for my wifes son to move to Australia

We thought we had to go through the visa process

But just looking at the Australian embassys website

from what i have read if one of the parents(my wife is an oz citizen)has Australian citizenship then the child can apply fo citizenship

Do we have to do the visa process or cab we just apply for Australian citizenship for my stepson

Cheers

Rabbitoh,

From your post, it is my understanding that your wife’s son was not born to an Australian citizen, that is, your wife acquired her Australian citizenship after the birth of her son. Is this correct? If so, he is not entitled to Australia citizenship.

The appropriate visa for your wife’s son is a Child (permanent) - (Offshore) subclass 101 visa.

Regards

bridge

Hi bridge,

Well partly clear!

So this Oz AFP clearance virtually applies to all here on the 309 Visa, assuming they will all spend at least 12 months on this soil during their 2 year temporary stay.

I was married to a Chinese National some time back, we had much more time here than 12 months during her temporary visa and she never had to have this clearance.

Not that this is any hassle, but for memory is fairly expensive, I remember I had to get one when I was considering a Thai Retirement Visa, applied for on this side of the fence.

Hi Fishooks,

As you would be aware, applying for a spouse visa is a two-part process, temporary residency (“TR”) followed by permanent residency (“PR”) after 2 years (subject to a few exceptions where PR can be granted earlier).

Onshore Application Stages : subclass 820 TR then subclass 801 PR

Offshore Application Stages : subclass 309 TR then subclass 100 PR

Spouse visa applicants however apply for both the temporary and the permanent visas at the same time. A determination however is not made on the PR visa until 2 years have passed. The DIAC delegate who determines the PR visa (2 years later) has to be satisfied that the applicant continues to pass the character test which forms part of the public interest criteria of the permanent residency visa.

It is current DIAC policy that states when additional police checks (if any) are required. What I have stated in my previous post is current DIAC policy according to the DIAC Procedures Advice Manual (Commonly referred to as PAMS3). Ultimately it will come down to whether the DIAC delegate requests the further police checks on the information available before him and with reference to PAMS3.

Hope this helps.

Regards

bridge

I hope this clears it up for everyone. Please note however, that the following information relates to the further character checks that may be required (if any) before the grant of permanent residency. It does not relate to the character checks that were required for the temporary partner visa.

Overseas character checks that were undertaken for the temporary partner visa do not need to be updated unless the applicant has resided in an overseas country for 12 months or more since the temporary partner visa was granted or there is reason to believe that the applicant’s previous overseas checks were not accurate.

An Australian Federal Police (AFP) check is required if the applicant has been residing in Australia for more than 12 months at any time since the temporary partner visa was granted.

Reference: DIAC Procedures Advice Manual 3 (PAMS3)

Regards

bridge

thanks for the input didnt make sense to me either mabye after looking at other forums she may have got mixed up with a spouse visa seems they have to wait 6 months for those. one more question please is there any sort of waiting period just for a tourist visa for say a month or two thanks for your help again

Once the completed application is submitted, and providing that nothing else is needed by the DIAC to determine the application, generally 3-5 business days.

bridge

My lady in thailand has just applied for a thai passport. We want to travel around Thailand when I go back next month.Then she would like to visit Australia with me just as a tourist no intention to stay but she tell's me by phone that people where she applied for the passport say she can cross boarders by land but she is not allowed to fly out of the country for 6 months can anybody shed any light on this anyone heard of it before sort of defeats the purpose of getting a passport in the first place any help appreciated.Thank you

I have certainly never heard of anything like that before. Perhaps she is trying to delay applying for a tourist visa (for at least 6 months anyway). Sorry that I can’t be of any help.

Good Luck

bridge

Hi!

How long should we expect to wait for notice that they HAVE our application, and IF there is anything missing?

Others have mentioned a phone call from a Case Officer is a common way of being notified your application IS being considerd.

How long does that take?

We sent our 1 kg folder by VFS courier from Chiang Mai 1 1/2 weeks ago.

Should I expect to hear from them soon by email or cell phone?

Ultspnch,

You are quite entitled to give them a call. Obtain the file number/client identification number and ask whether a case officer has been assigned to process the application.

Good Luck

bridge

Friend of my wife brought her niece to Australia on a Sponsored Family Visitor visa (subclass 679) then got her into a hairdressing course at TAFE and now she has permenant redidency. Hairdressing is not the only option there is a list of proffessions that Australia needs people for.

garyh, your idea sounds very interesting

Thanks guys!!

Sorry Guy’s

With respect, that would not have been possible under a subclass 679 visa for the following reasons.

A subclass 679 Sponsored Family Visitor visa has the following mandatory conditions attached to it: 8101, 8201, 8205, 8503, and 8531. In short the visa holder is limited to the following:

· cannot work (8101);

· cannot study for more than 3 months (8201);

· cannot apply for another substantive visa whilst in Australia (8503); and

· cannot stay in Australia beyond the visa validity period (8531).

As stated the above conditions are mandatory and must be imposed on a subclass 679 visa.

In very exceptional circumstances condition 8503 can be waived after the visa is issued. If that condition is waived however, allowing the visa holder to apply for another substantive visa in Australia, then any security deposit paid by the visa holder’s sponsor can be forfeited due to a breach then of condition 8531. Keeping in mind that security deposits, if requested, can be up to AUD$15,000.

To study in Australia and obtain a qualification on the Skills Occupation List (eg. hairdressing) for the length of time necessary to apply for permanent residency under the skilled migration program is a minimum of 2 years. The applicant would therefore have to hold a Subclass 572 Student visa for the duration of her studies before applying for a skilled migrant visa.

If this is the pathway to permanent residency that you are considering for your sister-in-law, I highly recommend that you save yourself an enormous amount of heartache and trouble (not to mention money) and apply for a student visa in Thailand. In any event, if Condition 8503 was to be waived, applying for a Student visa on-shore is extremely difficult as Thailand is classed as an Assessment Level 2 country, which basically means an applicant can only apply for a student visa onshore if there are exceptional reasons for the grant of the visa. DIAC policy gives an example of evidence of significant trade, political or other benefits to Australia.

I am sorry it is not the news that you want to hear, but it may save you a lot of grief down the track.

Good Luck

bridge

much appreciated guys

after hearing option 2 it sounds good but deposit minimum $5000 up to 15 grand

option 1 sounds like the go , with a letter of support !

thanks again ...fingers crossed

Stu

The DIAC will have to be satisfied that your mother-in-law’s intention to visit Australia as a visitor is genuine. Some of the considerations that they take into account in determining whether someone’s intention is genuine are:

· On-going employment;

· The presence of immediate family members in their home country; and

· Property or other significant assets owned in their own country.

Basically the DIAC need to be satisfied that circumstances exist that will encourage your mother-in-law to return home after her visit, and comply with the conditions of her visa and not overstay.

Further, she will have to have adequate funds, or access to adequate funds to support herself during her stay in Australia. Any letter of support should be in the form of a statutory declaration. This should be submitted with the visa application. The letter of support should include the type of support you will provide (financial, accommodation, meals etc). You should also include details of your current employment and income, as well an undertaking that you will provide all necessary support for the duration of your mother-in-law’s stay in Australia.

Good Luck

bridge

hi people

this place helped me out a lot 5 years ago when i wanted to get my thai gf over to OZ, well now we're married with kid (1 more coming)

we would (she would) like her mother to come for visit when baby born next year

do you think it makes any difference if we/she apply in OZ or LOS ? (mother in law in LOS, we are in OZ)

can we apply on her behalf or ?

any tips from veterans much appreciated !

You may need to apply for sub class 679 which you need to apply for in OZ, they may ask for a bond also.

Stu

Your mother-in-law has two options.

Option 1

She can apply for subclass 676 tourist visa in Thailand. This is a non-sponsored visa. Although an accompanying letter of support would be highly recommended.

Option 2

If your wife is now a permanent resident she could sponsor her mother for subclass 679 visitor visa. This is a two step process. Firstly, her mother would complete and sign the application form and forward it to your wife. Your wife would then complete the sponsorship form before submitting the application to DIAC for processing. As pointed out in the previous post, DIAC has the discretion to ask for a security bond to be lodged.

bridge

Hi all,

I've tried having a look around on the Dept of Immigration site, but I'm a little confursed.

I'm looking what options I have for migrating my sister in law (Thai) to Australia. My wife is a Thai national and currently has a permanent residency visa. We've been living back in Oz for the past 2 years and she has been working the whole time.

One of the options I saw was the remaining relative visa, but I'm not sure if this actually applies as my mother/father in-law are still alive and kicking and the sister lives with them.

If it makes any difference, she has completed a B.A and is willing to study (but the $ for study may be an issue).

Any help with ideas would be greatly appreciated.

Cheers

Aussie Andy

A requirement for a remaining relative visa is that the applicant must have no other overseas near relatives (parent, brother, sister etc.) other than their Australian relative sponsor (and other Australian relatives).

There are very limited exceptions to the above rule, where the applicant does not have any more than three overseas near relatives and the applicant does not generally reside in the same country as them, and further must not have had contact with them within a reasonable period before applying for the visa.

Although not a permanent visa, your sister-in-law might want to look into whether she qualifies for a Work and Holiday visa (subclass 462).

Good Luck

bridge

Well the wife picks up her visa on Monday along with our son's passport.She got 6 months with very little trouble.Now the wait to see if it has that bad condition "NO FURTHER STAY" on it fingers crossed.Now the flights have gone thru the roof from Bkk to Australia.Best price I can get is 42,000 baht return very pricey.Anyone no a good travel agent I can book on line or the best way to get from Bkk to Brisbane.Cheers for all your thoughts.

Carpy

Congratulations to you and your wife. Brisbane here you come.

I would be interested to know whether she has Condition 8503 attached. Keep in mind though that the imposition of Condition 8503 is mandatory on a subclass 679 sponsored visitor visa, but only discretionary on a subclass 676 tourist visa.

One another note, airfares have seemingly gone through the roof. I am heading back to Sydney in a few weeks for about 10 days. I did quite a bit of searching, and the best fare I got was just under 27,000baht with Philippine Airlines. Downside is it is not direct, and I think it is only valid for two months. From memory Thai was about 38,000baht, but I am not sure what the validity period was.

Regards

bridge

Tony

You will ONLY be eligible to sponsor your wife for a Spouse visa if you are one of the following:

An Australian citizen;

An Australian permanent resident; or

An eligible New Zealand citizen.

From your last post, I am inferring that you are not an eligible New Zealand citizen and that you are currently in Australia on a Special Category (subclass 444) visa (“SCV”). That being the case, you might want to explore the option of a New Zealand Family Relationship (subclass 461) visa for your wife. In short, this visa allows non-New Zealand citizens to travel to and live in Australia with a New a Zealand citizen family member who holds a SCV. This is a temporary visa and it is valid for up to five years. This visa can be applied for in Australia and overseas.

Regards

bridge

i can apply for spouse visa in Australia for my wife or not? Now, she got tourist visa in Australia and we get married in Thailand 1 year ago. Moreover my wife pregnant now 7 months so can we have fast choise to apply ? we don't have much money now bec. i will settle in Australia so i run business now about fixing boat and car that why we don't have money now and we have to spend money for daily staff as well. Any one think can we get the spouse visa here? can i show about business registeration and bank statement that not much money in there now, Can i ask my brother to write the letter for support us? or Do you think just i show about business. i don't have tax statement last one when i work in Queensland. i didn't keep it and i went back to NZ one year all time i stay in Australia. Now i have payslips which i just off from this company can i sent this to immigration? or There are something we should do. Pls help us to pass the tough time! TONY

Tony

Firstly, as a New Zealand citizen, you must an ‘Eligible New Zealand Citizen’ to be able to sponsor your wife for a Spouse visa.

If your wife’s visa has Condition 8503 (no further stay) attached, then in the absence of having that condition waived, your wife will not be able to apply for another visa whilst she remains in Australia. Her only other option is to return to Thailand and make application there.

Have a look at your wife’s visa label in her passport. It will show whether her visa has Condition 8503 attached. Keep in mind though, that if your wife is on a Subclass 679 Sponsored Family Visitor visa, it is mandatory requirement that Condition 8503 be attached.

Condition 8503 can only be waived where ‘compelling and compassionate circumstances have developed over which the visa holder had no control, and that resulted in a major change to their circumstances’. Pregnancy in itself would not be grounds for a waiver. If your wife was pregnant at the time her visa was granted she would not satisfy the ‘changed circumstances’ criterion for a waiver.

If your wife is able to apply for a Spouse visa, whether in Australia or overseas, you must also be assessed to be an eligible sponsor. Part of that eligibility requires that you are able to provide adequate accommodation and financial assistance to meet your wife’s living needs. This obligation also extends to dependent children. The DIAC will assess your eligibility from the information (financial, employment etc) that you supply within the form 40SP (Sponsorship form) that must be submitted with her application 47SP (Application for migration to Australia by a partner).

Hope this helps

bridge

My wife's passport is in her maiden name, and we have been married a while and are about to hand in our australian spouse visa application, should we get her name changed in her passport first to make things less complicated?

Also what is involved in the name change? is a whole new passport issued? ive been told they actually change the name in the passport? And is Bangkok the only place to get this done?

thanks in advance

To make application, or be granted a Spouse visa, there is no legal requirement that your partner change her maiden name. Whether you wife chooses to change her name, or retain her maiden name, it does not make the visa process any more or less complicated.

Regards

bridge

Last year I found a Thai version of the visitor visa application form on the Australian IMMI website.

Unfortunately they don't have a Thai version of the 40sp spouse application (that I can find anyway).

Does anyone know if it one exists and has a link?

Cheers.

Unfortunately the 40SP is not available in Thai. Only English.

Regards

bridge

It is not a requirement for a Visitor visa that the applicant hold travel insurance. However the applicant must have adequate funds, or access to adequate funds, to support themselves during their stay in Australia.

Visitor visa applicants 70 years of age and over are however expected to provide evidence of private health insurance covering their proposed period of stay in Australia.

Hope this answers your question.

bridge

Second Stage Processing of PR Spouse visas

Before the PR spouse visa is granted the applicants must demonstrate that they continue to meet the definition of a spouse as per their TR visa. This is a fresh assessment, based on the evidence before DIAC. The assessment may be done by interviewing both partners and/or examining relevant documentation.

Health Criteria

Under current DIAC policy applicants are not required to update health clearances unless there is reason to believe that the applicant may no longer satisfy the health requirement or adverse information has come to the attention of DIAC. However, if the application is being processed, assessed and finalised at an overseas post and the original health clearance had limited validity, fresh clearances are required.

Character Criteria

Under current DIAC policy character (police) checks that were undertaken for the TR visa do not need to be updated unless the applicant has resided in an overseas country for 12 months or more since the TR visa was granted or there is reason to believe that the applicant’s previous overseas checks were not accurate.

An AFP check is required if the applicant has been residing in Australia for more than 12 months at any time since the TR visa was granted. (it is expected, therefore, that, in most cases, an AFP check will be required)

Regards

Bridge

Just spoke to my wife and she got a phone call from the Aussie Embassy yesterday and her 309 visa has been approved!! So happy. She goes in to get her passport endorsed first thing on Monday morning. Thanks to all who offered me advice, much appreciated guys.

Congratulations ...

Aussiethai77

I think you may be worrying about nothing.

Interviews are usually required where information on a visa application needs to be clarified or there are inconsistencies in the application. Both the applicant and sponsor may be interviewed.

It may put you mind at ease to know that DIAC policy states that 85% of Partner visa applicants, including Prospective Marriage visa applicants, at high risk posts must be interviewed. Best practice at low risk post is to interview 65% of Partner visa applicants.

Relax, have a good weekend, and Good Luck …..

bridge

Ultspnch you have made a great observation there. Will be interesting to see when the DIAC adjusts the exchange rates to come in line with the current poor exchange rate.

Even with the sharp depreciation of the $AUD of late, the Australian Government is still managing to make a hefty profit.

For those that don’t know how visa application charges paid in foreign currencies are calculated. The DIAC states that the exchange rates (in this case THB) are calculated every six months and are for the following six month period. The rate is calculated at the ‘highest exchange rate that is lawfully obtainable on a commercial basis’, plus 5% for good measure.

It is my view that is an example of policy not following the law. As the exchange rate can be adjusted when the rate increases or decreases by at least 5% (Reg 5.36(2)(a)(ii) Migration Regulations).

No doubt they will be quick to change it if the THB goes the other way