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Posted

Way things are going here returning to Australia becoming more attractive. I have been living with my GF 2 years.

I have a son (Aussie citizen) and she has a Thai son from another relationship. I would like to explore the possibility

of taking them back to Australia with me. I did look in to things about 5 years ago in a similar situation but it all seemed a bit difficult and costly. I think from memory she would have had to get an engagement visa, then you had 6 months or so to complete the marriage. Even then I think to apply for a visa after marriage was a 1 year process and was around $10k AUS....no money returned if the application unsuccessful. During the year that she was waiting for the marriage visa to be approved she would have to wait in Thailand. Not sure if this all still broadly applies. And what happens even if she does receive a visa? (PR?). What rights does she have ie can she work? She spoke briefly to a Visa agent this morning and they told her the process is a lot easier if you marry in Thailand before applying to Australia for a visa.

 

I really don't want to marry again here or in Australia. In our case probably complicates things even more her having a child.

Is there anyway I could get them back to Australia without marrying? like some sort of defacto visa or something? Is it difficult / costly?

 

If marriage is the only way what are the steps needed? costs?

 

Any help or advice from someone who has recently been through the process would be great.

  • Like 1
Posted

Sounds like a bit of a grey area ref married or not and don't know the specifics of it all, but what you are talking about doing requires a big commitment, effort and patience, and as you say costs, but if you really want to do it you can, but just know you are in for a royal battle, and of course getting her there is not the end of it by any stretch, you then have the 2x30 months renewals where you effectively have to go through most of it again.

 

One thing I am certain on though is that she will be able to work there, in the UK they can as soon as they get there and also have access to the NHS.

 

I am thinking of doing the same at some point. Good luck.

Posted
2 hours ago, simple1 said:

Can apply for de-facto visa. Current waiting time approx 12/18 months. Upon arrival will have access to medicare and work, but not Centrelink welfare. More info...

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore

 

 

Great info thanks. Already had a look at the website and certainly sounds doable, even with her young bloke. We have a provable history last 2 years and I reckon a pretty good case. I just need to make sure we would actually be better off in Aus than Thailand. 

 

I looked at all this stuff 5 years ago and while it looks like it might be a bit more easier now there were a few conditions back then. One was after you applied and paid the money there was no refund should the visa not be granted. I think there was an initial interview after application where I am guessing they would probably advise you against not applying if they thought you didn't have a case. 

 

Other thing is I am still legally married in Australia. Have been separated for at least 6 years, nor have I seen her. Only reason I haven't divorced was there was no need for the expense and I guess I was hoping she would do it in my absence. I remember clearly before I couldn't get a Defacto visa if I was already married. I haven't seen anything about that on the website yet but will call and confirm a few things.

 

A two step process. You apply for the initial visa which is a temp visa waiting for full approval of the next PR visa. Am I right in assuming the first visa application takes around 18 months which has to be applied for from here. So we apply for the first step....wait approx 18 months before we can live in Oz. Then once we get to Australia we can apply for the next step PR which is a further 18 - 20 month wait.

 

Thanks again for all the replies

 

 

  • Haha 1
Posted
8 minutes ago, Kenny202 said:

Great info thanks. Already had a look at the website and certainly sounds doable, even with her young bloke. We have a provable history last 2 years and I reckon a pretty good case. I just need to make sure we would actually be better off in Aus than Thailand. 

 

I looked at all this stuff 5 years ago and while it looks like it might be a bit more easier now there were a few conditions back then. One was after you applied and paid the money there was no refund should the visa not be granted. I think there was an initial interview after application where I am guessing they would probably advise you against not applying if they thought you didn't have a case. 

 

Other thing is I am still legally married in Australia. Have been separated for at least 6 years, nor have I seen her. Only reason I haven't divorced was there was no need for the expense and I guess I was hoping she would do it in my absence. I remember clearly before I couldn't get a Defacto visa if I was already married. I haven't seen anything about that on the website yet but will call and confirm a few things.

 

A two step process. You apply for the initial visa which is a temp visa waiting for full approval of the next PR visa. Am I right in assuming the first visa application takes around 18 months which has to be applied for from here. So we apply for the first step....wait approx 18 months before we can live in Oz. Then once we get to Australia we can apply for the next step PR which is a further 18 - 20 month wait.

 

Thanks again for all the replies

 

 

There is no interview.

 

You just pay and lodge your application.

 

 

  • Like 2
Posted
27 minutes ago, Kenny202 said:

Great info thanks. Already had a look at the website and certainly sounds doable, even with her young bloke. We have a provable history last 2 years and I reckon a pretty good case. I just need to make sure we would actually be better off in Aus than Thailand. 

 

I looked at all this stuff 5 years ago and while it looks like it might be a bit more easier now there were a few conditions back then. One was after you applied and paid the money there was no refund should the visa not be granted. I think there was an initial interview after application where I am guessing they would probably advise you against not applying if they thought you didn't have a case. 

 

Other thing is I am still legally married in Australia. Have been separated for at least 6 years, nor have I seen her. Only reason I haven't divorced was there was no need for the expense and I guess I was hoping she would do it in my absence. I remember clearly before I couldn't get a Defacto visa if I was already married. I haven't seen anything about that on the website yet but will call and confirm a few things.

 

A two step process. You apply for the initial visa which is a temp visa waiting for full approval of the next PR visa. Am I right in assuming the first visa application takes around 18 months which has to be applied for from here. So we apply for the first step....wait approx 18 months before we can live in Oz. Then once we get to Australia we can apply for the next step PR which is a further 18 - 20 month wait.

 

Thanks again for all the replies

 

 

If the application is unsuccessful, I believe there is no refund

  • Like 1
Posted

I have 2 friends who got engagement Visas.

Sorry, I know it is not your country but they were from the US.

Took 15 months and a lawyer and 1000's of dollars.

Their situations and yours may be similar.

 

With the US fiance Visa, if you do not marry within 90 days, she is back out.

And from my information the lady can never ever return back.

Probably Aus is similar.

 

With this, if you do not want to get married, I would not do any of it.

And just getting a tourist Visa for a Thai girl now is very very difficult.

 

I would go to a good lawyer who deals with this and get a consult.

Good luck.

 

 

 

  • Confused 2
Posted
1 hour ago, Kenny202 said:

I just need to make sure we would actually be better off in Aus than Thailand. 

With the oz dollar in free fall and your kids getting a real 1st world shot at life its a better choice IMO

  • Haha 1
Posted
32 minutes ago, bkk6060 said:

I have 2 friends who got engagement Visas.

Sorry, I know it is not your country but they were from the US.

Took 15 months and a lawyer and 1000's of dollars.

Their situations and yours may be similar.

 

With the US fiance Visa, if you do not marry within 90 days, she is back out.

And from my information the lady can never ever return back.

Probably Aus is similar.

 

With this, if you do not want to get married, I would not do any of it.

And just getting a tourist Visa for a Thai girl now is very very difficult.

 

I would go to a good lawyer who deals with this and get a consult.

Good luck.

 

 

 

Partner visa is not a fiance visa if you successful getting the visa you don't have to get married 

Posted
14 hours ago, madmen said:

With the oz dollar in free fall and your kids getting a real 1st world shot at life its a better choice IMO

Yep, 'life' is the right word. it's not just for schooling, it's most likely for the rest of their lives and their children's (your grandchildren) lives. That's a big deal.

  • Like 2
Posted
6 minutes ago, Khon Kaen Jeff said:

Yep, 'life' is the right word. it's not just for schooling, it's most likely for the rest of their lives and their children's (your grandchildren) lives. That's a big deal.

correct Jeff, I think i'd have to way up all the pros & cons of both places.

It's not just the Medicare, it's not just the government allowances, it's also about the future of the family.

Do you feel they want to grow up in Australia or their home country, would they be better in a Thai school mixing with Thai friends and thai family daily. It's about quality of life, cost of living, being happy and fitting in.

Many serious things to consider.

  • Like 2
Posted
18 hours ago, RichardColeman said:

Before doing anything I'd see what the situation is with her other child if you are trying to take it. Father could object and you'd be stuffed before you ever get started.

She was never married to the child's father and as I understand it that gives him no rights whatsoever in fact he isn't even the legal father. Why I needed to go through a lengthy court process to legitimise my own son.

Posted
19 hours ago, simple1 said:

Can apply for de-facto visa. Current waiting time approx 12/18 months. Upon arrival will have access to medicare and work, but not Centrelink welfare. More info...

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore

 

 

Just to throw a spanner in the works, I would probably go on parental pension assistance when I went back, just until I got my feet on the ground and got established again. I understand she wouldn't qualify for centrelink etc (nor should she) but I wonder how centrelink would view my status as single or ???

Posted (edited)
1 hour ago, Kenny202 said:

I think it is wrong to just write off a future for a child in Thailand. Yes maybe schools etc better in Australia, air quality etc but my son certainly has a good life here and is already very Thai. He is very good looking / looks very western. He's treated like a VIP everywhere he goes and I imagine that will follow into his later life. They love mixed race kids / people here. Big fish in a small pond. If he can back that up with a good education etc in the future the sky's the limit. I am not saying it would be better for him to grow up here, there are pros and cons I just think there are advantages in both. It's all about quality of life, happiness and that doesn't necesarilly equate to 2.5 kids, strangling debt, big farang home and 3 cars.  He is already an Aussie citizen so he will always have the option to go to Australia and work and live in the future.

Very good post kenny and completely concur.

 

One thing I would add though, and this is only my opinion, but for a mixed race child here to enjoy all the trappings and advantages that can bring, VIP treatment etc, I think they need to be living in BKK to really maximise this.

Edited by Khon Kaen Jeff
  • Like 1
Posted
1 hour ago, Kenny202 said:

Just to throw a spanner in the works, I would probably go on parental pension assistance when I went back, just until I got my feet on the ground and got established again. I understand she wouldn't qualify for centrelink etc (nor should she) but I wonder how centrelink would view my status as single or ???

One would assume Centrelink would view you as a couple, with children, but your partner will be ineligible. 

Living off Centrelink payments would be a challenge if you're renting. More info on parental payments...

 

https://www.humanservices.gov.au/individuals/services/centrelink/parenting-payment

Posted

Be aware that the first person you encounter, ie the girl at the application counter, has only one desire, and that is to prevent you from going to Australia ! I tried to get a tourist visa for a girlfriend to go to Australia, and finally had to demand to see her superior, who proved to be highly intelligent, very reasonable, and the visa was immediately given ????

Posted

My Thai wife is a Australian Permanent Resident for 13 months. Fill out the paperwork get the documents and police checks done and pay. When she got PR she could work and get a Medicare Card. My brothers Thai partner applied for PR when she was in Australia on a tourist visa and is still waiting for PR but is able to work and has a Medicare Card but has to get a Resident Return Visa to go to Thailand for a holiday. She is still waiting for PR 2 years after applying. It can be done and not too difficult just takes time.

  • Like 1
Posted

You should consider the enormity of this move for your TGF.she will be isolated from her family and friends, Some 7 years ago I took my TGF to Australia on tourist visa which was extended for a further 3 months. In short, We were in Melbourne during the first half of the year Summer ( 30-42 C) and autumn (30-22 C),we attended a couple of "Thai temples" that were full of Indian and Sri lankans,nobody spoke Thai. she was also unhappy about not being able to buy Thai vegetables and the high price of everything ,she hated the "cold" weather and was happy to be back with family and friends in Thailand.

  • Like 1
Posted
On September 26, 2019 at 5:28 PM, bkk6060 said:

I have 2 friends who got engagement Visas.

Sorry, I know it is not your country but they were from the US.

Took 15 months and a lawyer and 1000's of dollars.

Their situations and yours may be similar.

 

With the US fiance Visa, if you do not marry within 90 days, she is back out.

And from my information the lady can never ever return back.

Probably Aus is similar.

 

With this, if you do not want to get married, I would not do any of it.

And just getting a tourist Visa for a Thai girl now is very very difficult.

 

I would go to a good lawyer who deals with this and get a consult.

Good luck.

 

 

 

How is this relevant to someone asking about Australia?

Posted
On 9/27/2019 at 2:27 PM, simple1 said:
On 9/27/2019 at 12:23 PM, Kenny202 said:

Just to throw a spanner in the works, I would probably go on parental pension assistance when I went back, just until I got my feet on the ground and got established again. I understand she wouldn't qualify for centrelink etc (nor should she) but I wonder how centrelink would view my status as single or ???

One would assume Centrelink would view you as a couple, with children, but your partner will be ineligible. 

Living off Centrelink payments would be a challenge if you're renting. More info on parental payments...

 

true, yes you are seen as a Couple, agreeing about the she herself not eligible to qualify for any assistance.

Yourself... well one good thing as afar as Assets/Income Tests; is that you will be tested against the limits that apply to a person in a couples arrangement. 

 

If you qualify for any form of DHS financial assistance i.e a Newstart, Age pension, DSP, or the Low Income etc etc, then, if as you say, about renting;

 - you can apply for Rent Assistance, so long as the abode is a privately rented home scenario agreement.

Govt housing scenario renters cannot be 'paid' rent assistance, as the low cost Govt housing IS the assistance.

Posted (edited)

I think you will and that she can be your "common law partner" i.e. that you have been living as a married couple for at least a year. I doubt that a formal marriage is required. You will have to provide strong proof of the  much as cohabitation evidence, joint home arrangements, bills, utilities, etc., lovely family shots won't do it. But, yes to lodge an application for her to come to Australia as your partner incurs a lodgement fee of about AUD7k plus there is a huge waiting list of applications and I believe that may be out to 2 years before it gets processed and yes it is non refundable. Yes, she will have to be out of the country and stay out until the application is processed. She can most likely get a tourist visa out to 1 year at a cost but at NO time can she work whether paid or unpaid they don't differentiate,  or undertake any like activity such as charity work or study. Be very very careful in this area many say that "oh but I didn't get paid" and that they get is visa refused . You will have to provide proof and a stat dec that you can support her easily with a tourist visa. I know a very good agent in OZ . Re Centrelink he Dole is about AUD 250 a week plus rent support maybe cAUD80 but think you won't have any chance for a DSP, the rules there now are extremely tight. if age qualifies maybe the Age Pension of AUD867 p fortnight plus rent assistance and a health care card. Doubt you will be able to include her and receive extra as she will be seen to be a "burden" on the state and this may go against your long term application and she not a citizen or have residential status. As said above you will have to prove you can support her if you are on Centrelink payments, no chance of a tourist visa and probably partners visa.  I'd be very wary of dong that if you want her in OZ.Hope this assists. 

Edited by AntipodeanThai

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