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Posted

I have had an extensive read of the Visa section of ThaiVisa and I want to get things right the first time.

My Thai boyfriend is 23 years of age and I am 53. We have been in a relationship for 3.5 years. He wants to come to Australia for a holiday. He is from Issan and currently lives in the house we both built and looks after his elderly parents.

He has a passport (unused) and a good command of spoken and written English.

I have been to the Australian Government’s Immigration website and downloaded a Form 48R which is in Thai, which I will post to my partner.

I will ask him in a covering letter to make sure he has his passport, ID card and a couple of passport photos.

I will also enclose a Statutory Declaration which will be a Letter of Invitation for him to stay with me in Australia, explaining that I will be responsible for his living and health costs.

I have stressed very strongly to him that he is not allowed to work in Australia and I hope he gets the message.

Now, I have a few questions which I hope experienced members who have been through this can help me with:

(1) Even though the Form 48R (for a Tourist Visa (subclass 676) is available in Thai, the Australian Embassy in Bangkok’s website clearly states that the form must be ‘completed in English and signed by the applicant’. There is NO mention of the form being available in Thai.

(2) How gay-friendly is the Australian Embassy.? Should he just present his documents and say that he wants to visit his ‘friend?’ From the Embassy’s website, I quote: “Where someone is supporting your application you should provide evidence of your relationship, for example, evidence of contact / relationship with the person supporting the application, for example, letters with original envelopes, emails, telephone bills, photographs and money transfers’. I understand they are fairly hard on Thai girls wanting to holiday in Australia as there is a strong assumption that they will not return to Thailand before their Visa expires. Does the same apply to single Thai males?

(3) We built a house on land donated by his parents in his village. Can he get a Title Deed to the house to show that he owns property? Would this and the fact he has elderly parents be enough ‘grounds’ for him to return to Thailand at the end of his Visa?

(4) Who decides the length of the Visa – whether it is 3 months, 6 months or 12 months?

Any other suggestions so we can get it right the first time would be appreciated. I am due to visit him for Songkran (this April) and hope he can come back to Australia with me then. I understand the processing time for Tourist Visa applications is currently 3 to 5 days.

Peter

Posted
I have had an extensive read of the Visa section of ThaiVisa and I want to get things right the first time.

My Thai boyfriend is 23 years of age and I am 53. We have been in a relationship for 3.5 years. He wants to come to Australia for a holiday. He is from Issan and currently lives in the house we both built and looks after his elderly parents.

He has a passport (unused) and a good command of spoken and written English.

I have been to the Australian Government’s Immigration website and downloaded a Form 48R which is in Thai, which I will post to my partner.

I will ask him in a covering letter to make sure he has his passport, ID card and a couple of passport photos.

I will also enclose a Statutory Declaration which will be a Letter of Invitation for him to stay with me in Australia, explaining that I will be responsible for his living and health costs.

I have stressed very strongly to him that he is not allowed to work in Australia and I hope he gets the message.

Now, I have a few questions which I hope experienced members who have been through this can help me with:

(1) Even though the Form 48R (for a Tourist Visa (subclass 676) is available in Thai, the Australian Embassy in Bangkok’s website clearly states that the form must be ‘completed in English and signed by the applicant’. There is NO mention of the form being available in Thai.

(2) How gay-friendly is the Australian Embassy.? Should he just present his documents and say that he wants to visit his ‘friend?’ From the Embassy’s website, I quote: “Where someone is supporting your application you should provide evidence of your relationship, for example, evidence of contact / relationship with the person supporting the application, for example, letters with original envelopes, emails, telephone bills, photographs and money transfers’. I understand they are fairly hard on Thai girls wanting to holiday in Australia as there is a strong assumption that they will not return to Thailand before their Visa expires. Does the same apply to single Thai males?

(3) We built a house on land donated by his parents in his village. Can he get a Title Deed to the house to show that he owns property? Would this and the fact he has elderly parents be enough ‘grounds’ for him to return to Thailand at the end of his Visa?

(4) Who decides the length of the Visa – whether it is 3 months, 6 months or 12 months?

Any other suggestions so we can get it right the first time would be appreciated. I am due to visit him for Songkran (this April) and hope he can come back to Australia with me then. I understand the processing time for Tourist Visa applications is currently 3 to 5 days.

Peter

1- You can fill the form out for someone else, as long as they sign it. So you need to print it, fill it out for him and then send it to him for him to sign.

2- I dont know how "gay-friendly" the Embassy, but isn't Moore Park in Sydney the gay capitol of the world? That should give yall a confidence boost. Yes, many young and old, especially uni student Thai girls overstay illegally in Oz and work as whores to send money back home.

3- If the property is in his name it would help. Also some sort of doccument from a doctor stating the condition of his parents and they need him there to care for them might help.

4- The Embassy will decide. You will either get a single entry 3 months visa that needs to be used within 3 months or a 12 month multiple entry visa, good for multiple trips within the 12 monhts.

good luck.

Posted (edited)

Peter,

You are on the right track with your application.

There is nothing to prevent you filling out the 48R form and having him sign it, provided he fully understands the contents.

Don't shy away from providing same sex relationship information. Later, you may want to apply for an Interdependent Partner Visa. The Embassy regard all categories as equal and judge each application on its' merits.

Providing proof of a genuine and continuing relationship for a tourist visa is not a requirement but by doing so, it will make a future spouse visa application easier.

You must provide a compelling reason for him to return to Thailand. If he is employed, obtain a letter from his employer stating that he is expected to return to work on a certain date. If unemployed, you will need to identify another reason. If family commitments is all you can come up with, then so be it.

The Embassy will decide on the length of the tourist visa but you should request the period that best suits your plans.

Rather than writing a statutory declaration invitation to him, write the stat. dec. addressed to the Embassy outlining/emphasizing what you have already stated in your post.

Edited by Mighty Mouse
Posted

Peter: My Thai and I have visited Australia three times in the past four years, the last time was for a year. Our first application was refused, but I was able to turn it around in an interview which I requested at the counter when the refusal was given.

I would suggest that you make a very major effort to get absolutely everything you can together to overcome the implication that your Thai is coming to Australia to live with you and not return to Thailand. I am retired in Thailand with long stay visa and in that respect, with a LTR relationship going with my Thai, even though it was only a year at the time, it is a stronger compelling reason to return to Thailand than in your case.

My Thai was unemployed at the time but since he had no need to work while in Thailand, but would have to work if he overstayed in Australia, you can see the persuasivenes of that situation.

If you have researched TV you will have seen many of my posts on this subject and you know you are up against a very difficult situation.

The younger the Thai boy, the tougher it is. Many times, getting him in on a student visa is easier, as there are so many Thais studying in Australia. In such a case, your involvement should be minimal to remove the notion he wants to come to Australia to live with you.

So many of the ideas advanced on how to do it are subject to a "good guess" as to how an individual visa officer will react to your "package". I don't think you can go wrong by documenting your application extensively. Make a "presentation" so to speak while you are here visiting and accompany him to the visa section.

It would be a big "leg up" if you could get a Australian official such as a MP or the like to write a letter on your behalf.

In thinking of your situation, I am assuming that you intend to retire in Thailand, live in your house in Issan and live "forever" with your Thai friend. If such is the case, "presenting" that scenario may be the best way to approach this. The objective is establish your ties to Thailand and his desire to live with you in Thailand, not Australia.

Romantic relationships seem to be persuasive grounds for visas so you can see how much more persuasive your case would be if you could convince that your a long stay candidate for Thailand, not Australia, when it comes to your relationship with your Thai. Documenting steps you have taken to prepare for your retirement in Thailand in the forseeable future would be a big plus.

If you both present well at the visa section counter, and in an interview if one is required to turn around a refusal, throwing everything but the "kitchen sink" at them in your presentation will allow the decision maker to seize on what they think is persuasive in your package to give you a green light, so document everything you can and cover every base.

Some things that I believe should be included are:

1. Deed to house.

2. Pictures of the two of you at the construction site.

3. Every conceivable thing to establish the length of your relationship and its cohesiveness including a declaration from you.

4. His family situation and the absence of other care givers for his parents and the fact that he has been caring for them for some time. Also details of how the parents will be cared for in his absence.

5. A detailed itinerary including airplane reservations of his entire time of stay. Reservations in Australia for side trips, day by day plans, etc. Reservation for flight from BKK to Issan for his prompt retun to his parents, etc. If you can swing the "bought ticket" approach its even stronger but difficult to get refunds.

The foregoing are only some ideas to make your presentation strong. There are many others. It is a major effort and not one to be taken lightly if you hope to succeed. IMHO, your situation is one of the harest scenarios there is to obtain an Australian tourist visa so prepare well.

PM me if you have any specific questions. I will be more than willing to help as much as I can. By the way, our last application, the third successful one contained documentary exhibits A thru T, although I must admit, much of that package was repeats of earlier applications.

Posted

Most things mentioned here are good.

As you will be sponsoring him, Make sure that you state on the Stat Dec that you will be supporting him financially, medically , general living etc...

and that you will ensure that he abides by the visa conditions if it is granted. This is a reason to return as you are taking that responsibility legally by signing the Stat Dec with that declaration in it.The 48R also has a funds providor section that you will need to be named in as a sponsor.

After 3.5 years you should have photos, phone bills, letters etc...include these things in the application as well. Title deeds can assist also...have these translated into English and keep copies. You can tick a piece of paper that asks for all documents to be returned to you. Do this as you may need them for the future.

As for the 48R...how long will you be staying there before you bring him back...if you are staying there for about three weeks....you can take him into the VFS office, fill out the forms there and hand it in...it is a one stop shop as far as tourist visas are concerned...they can issue the bank cheque for the application fee and if you have the exact money you can pay the service fee (about 428 baht). The processing time is about 5 or 6 working days.

I would shy away from the parent issue...Their question could well be "Who will care for the parents while he is in Oz ?" If he says someone else, this could take away that as a reason to return. If he says he is the sole carer, then they could say "How can you leave your parents alone without the care that you give ?" Becomes a bit of a minefield. But up to you.

The Embassy will process the application on its merits without prejudice regards sexuality etc...

Posted
Thanks everybody for your suggestions and help.

I am planning on spending 10 days in Thailand in April.

Peter

Probably not enough time to go there with him....fill the form out best you can and send it to him to sign....when he goes to the VFS office he can compare it to the Thai form to complete it and I am sure that the staff there will assist him if he has problems.

Just remember that the visa must be activated within 3 months of the grant...so timing may be an issue...Put it in about a month to 6 weeks before you go there...this will give you time if you need to query a decision.

Posted

I was in the visa office in Bangkok this week and the form that they gave me to fill in was in English with Thai translations down the bottom of each question.

It seems that the form on the internet that i had downloaded was out of date.

I got a certified copy of the tabienbahn which had my girlfriends name on it. I don't think they care so much who owns the land as you can buy land for next to nothing in many areas but the cost of building a house it a little more significant.

It all went very fast and only took about 30 minutes.

A result is expect in 5 working days according to the clerk.

Posted

Sorry to be frank, but I think there is a good chance they will refuse the visa.

They don't have to provide a reason, but the reason could be your boyfriend has no job to return to ... the people at the Embassy doing the processing more than likely will sum up the risk - that being , that he will not want to return, is quite large ... reason being - even he has parents to take care of here, the tempation for him to earn money in Australia and send it back to his parents is quite possible ... (your personal gurrantees that he won't have to work will not count)... also, your relationship actually causes problems as well ... they just don't believe a Thai person who has no job to return to here, will go to Australia on a tourist visa to stay with his boyfriend, and NOT want to overstay and/or work...

Thai people currently employed, who have a decent work history, bank account records, and a letter from their current employer that states they will be returning to work upon their return, generally don't have any problems getting a tourist visa to Australia.

Even Thai's who are unemployed, and usually wealthy, and who are generally going as real tourists (ie: not visitng long term boyfriends) booked on package type tours, have no problems.

Personally, sometimes I think, it's better not to mention the relationship and just set up the application as being just wanting to go to Australia to travel around (maybe to say hello to some Australians who he had met in Thailand) - but you need to have proof to show someway that the Thai applicant has had money of his own for a reasonable period ... has booked dates and has airline details for all flights... maybe mention places wanting to visit in Aussie etc...

I tried applying the same way you want to do years ago, and got refused... it turned into a real saga !

I worked for a large Resort here for years, and generally our staff had no problems in getting tourist visas for all countries because we guranteed their continueing employment upon return to Thailand.

Good luck whichever way you go.

Buzz

Posted
Sorry to be frank, but I think there is a good chance they will refuse the visa.

I strongly disagree with almost everything you say

They don't have to provide a reason, but the reason could be your boyfriend has no job to return to ... the people at the Embassy doing the processing more than likely will sum up the risk - that being , that he will not want to return, is quite large ... reason being - even he has parents to take care of here, the tempation for him to earn money in Australia and send it back to his parents is quite possible ... (your personal gurrantees that he won't have to work will not count)... also, your relationship actually causes problems as well ... they just don't believe a Thai person who has no job to return to here, will go to Australia on a tourist visa to stay with his boyfriend, and NOT want to overstay and/or work...

A Stat Dec once signed and countersigned by a JP is a legal document in the Embassy's eyes. If the sponsor states in the signed declaration that he will ensure that the applicant abides by the visa conditions then the sponsor is taking legal resposibility for the applicant whilst the applicant is in Oz. If the applicant defaults on the visa and the sponsor does not inform Immigration immediately then the sponsor is liable for a fine of up to $10,000AUD and/or 3 years in Jail. This is fact and a Stat Dec is considered as a reason to return.

Thai people currently employed, who have a decent work history, bank account records, and a letter from their current employer that states they will be returning to work upon their return, generally don't have any problems getting a tourist visa to Australia.

Even Thai's who are unemployed, and usually wealthy, and who are generally going as real tourists (ie: not visitng long term boyfriends) booked on package type tours, have no problems.

Unemployed Thais with no savings have been and can be granted a visa if they have a suitable sponsor...My girl has done it and so have quite a few other people that I know. Many self supporting wealthy Thais have been refused a visa because the rest of the application did not come up to scratch.

A lot of employers will not keep jobs open for 3 months while their employee is off touring the world. So sometimes getting a letter from the employer just doesnt happen.

Personally, sometimes I think, it's better not to mention the relationship and just set up the application as being just wanting to go to Australia to travel around (maybe to say hello to some Australians who he had met in Thailand) - but you need to have proof to show someway that the Thai applicant has had money of his own for a reasonable period ... has booked dates and has airline details for all flights... maybe mention places wanting to visit in Aussie etc...

Sexual inclination is not a barrier to being granted a tourist visa...that is why there are interdependency visas for gay people. Airline bookings and itinerary's are not required supporting documentation. They dont care if you have a ready to go ticket in your hand...If it is not granted then that is your loss.

I tried applying the same way you want to do years ago, and got refused... it turned into a real saga !

Why was that ???

I worked for a large Resort here for years, and generally our staff had no problems in getting tourist visas for all countries because we guranteed their continueing employment upon return to Thailand.

Good luck whichever way you go.

Buzz

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