Interdependency Visa Thai Bf To Australia

[peter991]

Nearly two years ago (end of August 2005) I asked in the Gay sub-forum what people thought of my chances of getting a Tourist Visa for my Thai BF to vacation in Australia.

The general consensus was that it was unlikely. Time moves on. With a lot of help from members of ThaiVisa, my Thai BF gained a 3 month Tourist Visa on 18 April 2007. He flew from Bangkok to Brisbane (Australia) on 24 April and will return with me to Thailand on 24 July 2007.

He is thrilled to be with me in Australia. Now we are looking at the next step: An Interdependency Visa.

This is a minefield trying to work out whether to apply while he is still in Australia - or wait until he is back home in Thailand. The Dept of Immigration's website says we may apply for a temporary Interdependency visa (subclass 826) as I meet the legal criteria (I am an Australian citizen). Or - we can apply when he return to Thailand at the end of the 3 month period.

I am also confused about the cost of Interdependency visa. The website states there is a non-refundable charge of $AUD1340 (if the application is lodged outside Australia); or $AUD1990 (if the application is lodged inside Australia).

I assume it is possible for a Interdependency visa - Temporary (subclass 826) to be granted - which will allow him to stay in Australia with me for up to 2 years - until a decision is made about a permanent visa.

Any thoughts / comments welcome.

Peter

[Krub]

Nearly two years ago (end of August 2005) I asked in the Gay sub-forum what people thought of my chances of getting a Tourist Visa for my Thai BF to vacation in Australia.

The general consensus was that it was unlikely. Time moves on. With a lot of help from members of ThaiVisa, my Thai BF gained a 3 month Tourist Visa on 18 April 2007. He flew from Bangkok to Brisbane (Australia) on 24 April and will return with me to Thailand on 24 July 2007.

He is thrilled to be with me in Australia. Now we are looking at the next step: An Interdependency Visa.

This is a minefield trying to work out whether to apply while he is still in Australia - or wait until he is back home in Thailand. The Dept of Immigration's website says we may apply for a temporary Interdependency visa (subclass 826) as I meet the legal criteria (I am an Australian citizen). Or - we can apply when he return to Thailand at the end of the 3 month period.

I am also confused about the cost of Interdependency visa. The website states there is a non-refundable charge of $AUD1340 (if the application is lodged outside Australia); or $AUD1990 (if the application is lodged inside Australia).

I assume it is possible for a Interdependency visa - Temporary (subclass 826) to be granted - which will allow him to stay in Australia with me for up to 2 years - until a decision is made about a permanent visa.

Any thoughts / comments welcome.

Peter

Ihave no direct experience but I would consider these points :

1. It will be much easier emotionaly, physicaly and economicaly to apply while you are both in Australia.

2. It is not clear as to what happens if the decision is not given before your bf's visitor's visa time is up, can he go back to Thailand and continue to wait for the decision there (somehow seems difficult, how will he receive his temporary stay while back in Thaialnd) as surely he does not want to overstay or do they allow him to stay until the decision is reached ?

If you can clear point number 2 I would go for it in Australia as you will be doing the waiting together. he must however br prepared not to go back home for some time which is probably what you both are looking for

I wish you both the best of good luck

Edited May 6, 2007 by Krub

[ProThaiExpat]

Go right to "why he can be turned down" in DIMA's website for "applying for the visa in Australia" and I think you will see that he does not have the type of visa that will allow that approach.

Does he have a "no further extension" condition on his tourist visa. Many granted to Thais do. This knocks him out of the "in Australia" option. From a practical approach, I am sure there is not enough time for him to get the visa while in Australia on a tourist visa and I believe I read he must be present in Australia during all times the visa is under consideration.

He will have to have a complete physical and not have any communicable disease. Such an exam is a lot cheaper in Thailand.

I didn't have the time or energy to read completely through the website but I suspect there are quotas for such visas, as there are on other forms of permanent visas that in effect permit "migration".

My general "take" on this form of visa, is that it is a "fairness" provision that permits gays to bring their partners into Australia, similar to straights marriage visa, but since no gay marriage, this is the avenue.

However, as with close relatives migrating to Australia for permanent residence, this provision may well have a quota attached. Keep your eye out for it. I know as a parent of a permanent resident, the waiting list is eight or nine years if you pay under 2000AUD and only a year if you pay near 30kAUD.

The concern for the migrant becoming a public charge is so strong that many levies are assessed to protect the health care system.

You are a champion in obtaining your first very difficult visa (uneducated poor Thai man under 30) and I encourage you to keep up the effort, as you may well be the first to report success for this visa as well. My guess, it will be as tough as your first one, but you did the footwork for that one, so doing likewise for this one only increases you chances. Keep up the good work.

I think that the permanent visa requires a five year relationship, but may be the long term goal as perhaps a bridging visa can be obtained that allows for full time stay in Australia while your application is being considered.

I suspect your efforts will take a year or more before successful so do the math and see how close to five years you will be and whether going for the permanent might be the long term better way to do it.

Speaking to a informed DIMA officer often helps. When I was in OZ, I was on the phone a lot to the Sydney office of DIMA and found their operators to be very informative, after you have read and are familiar with the DIMA website and know what the form numbers applied to your case are, as they tend to speak in those terms.

As the aged parent of a permanent resident and of an Australian by marriage, i was automatically eligible, it seemed, for a bridge visa, that would allow my long stay in OZ while my migration was under consideration. Somehow I got the impression from the website that your mate would be able to get a bridge visa and stay in Australia as long as his permanent visa was under consideration. Thus you have accomplished your objective and would not be concerned how long it takes them to approve the application. You do have the five year issue to deal with in such a case, however.

Edited May 6, 2007 by ProThaiExpat

[gburns57au]

First off technically he cant get a more substantive visa while he is here on a visitors visa...especially if there is a no further stay clause.

He must be in the country of application for the visa to be granted.

Generally it can take a lot longer to be granted the visa when it is applied for from here in Oz...the Processing is still done in Thailand.

The visa if granted is temporary resident...this runs for 2 years then the Permanent visa is granted without any further application or cost. Usually a mere formality unless he does something really bad or the relationship breaks down.

[Mighty Mouse]

Peter,

A quick telephone call to the Brisbane Immigration Office will tell you whether or not you are able to apply for an Interdependency Visa whilst in Oz on a tourist visa and you can ask how long it would take for a decision to be made if an application was lodged there.

I think the answer to both questions will mean you returning to LOS and applying at the Aust. Embassy.

Your partner will also need to have his police clearance done in Thailand.

Regard this time in Oz as an opportunity to gather the necessary proofs regarding the genuineness of the relationship. Have your family and friends write statutory declarations in support of the forthcoming visa application. Take photographs, collect all documents etc. as evidence of you both socialising together.

Much of the information that you will be required to produce as his sponsor needs to be copied and certified. It is much easier to do all that in Oz and it can be done free of charge at any police station.

His Thai papers will need to be translated to English. Much easier to do that in Thailand.

Don't rush the application. Obtain the police clearance and the medical clearance before submitting the application. Submit as strong an application as you possibly can and you should get a decision very quickly, possibly within 24 hours.

[peter991]

Thanks for all the help, guys. Looks like a major task - but not an insurmountable one.

Peter

[Aussietraveller]

Hi Peter,

My understanding of the process is that it is similar to the spouse Visa application.

If he is in Australia on a tourist Visa, and applies for Interdependany Visa while in Australia, he will be given a bridging Visa while a decision is made.

This will give him the right to remain in Australia while a decision is pending.

The restrictions on the visa are the same as his Tourist Visa.

No Work. No Medicare etc...

It is more expensive to do this in Australia than in Thailand.

As you are no doubt aware, you will need to get some documents from Thailand anyway, but this can be done from Australia if you want to.

If you do a yellow pages search for immigration agents on the Gold Coast, there is a guy on the southern end of the coast (Currumbin Area from memory) who is excellent.

He does not accept all clients, but because he is selective, he has a 100% sucess rate.

He will ask for a written account of the relationship from both parties, in order to make a decision as to whether he will take a case.

I do not have his details to hand.

His fee is about 2K, and he does all of the paperwork.

So the cost to use him is about 4 K total (including the fees for DIMIA)

Hope this is of some help.

Cheers

[TerryLH]

"I am also confused about the cost of Interdependency visa. The website states there is a non-refundable charge of $AUD1340 (if the application is lodged outside Australia); or $AUD1990 (if the application is lodged inside Australia). "

"1. It will be much easier emotionaly, physicaly and economicaly to apply while you are both in Australia."

Is anything cheaper in Australia than it is in Thailand?

[Krub]

"I am also confused about the cost of Interdependency visa. The website states there is a non-refundable charge of $AUD1340 (if the application is lodged outside Australia); or $AUD1990 (if the application is lodged inside Australia). "

"1. It will be much easier emotionaly, physicaly and economicaly to apply while you are both in Australia."

Is anything cheaper in Australia than it is in Thailand?

I was counting on the bf staying in Asutralia and saving on both Peter and bf airfares to and from Thailand compared to the extra visa fee....

Also they would be living together in Australia making it cheaper.

Edited May 6, 2007 by Krub

[suanprig]

I cant really comment on a same sex relationship point of veiw, or an interdependancy visa. However since I have a thai GF of 4 years and 2 young children with said partner, all whom travel to an from Australia/thailand regularly i can offer a little advice.

Definatly apply for visa in thailand. Much Quicker, and Australian Immigration DEFINATLY prefer it this way. If you have a no further stay, you have no choice in the matter. A bridging visa? I doubt is possible unless you have a really really good reason not to leave. DO NOT IN ANY CIRCUMSTANCES OVERSTAY FOR ANY REASON. You may get away with Hospitalisation as an excuse. An overstay is a massive black mark againts your name. As Mighty Mouse said Dont rush the process and follow instructions to the letter. Gather every miniscule peice of evidence you think is relevant and be sure not to forget any of the required paper work. Forgetting mandatory stuff will see your application posted back to you and proberly not taken seriously upon second veiwing.

I think the best advice I can give (its helped me immensly ie: quick application, no questions asked) Is to SHOW THEM THE MONEY! Unfortunate as this is in the circumstance of visas, as visa generally have some sort of emotional, human faces to them, The immigration laws in aussie dont see these sides of things.

The law in essence requires that you prove you will not in anyway or form, Burden the Australian Federal Government during your stay. And that you become a productive citizen if that eventuates. They dont want to pay for you if you are Ill. They dont want to pay if you need deporting. They dont want to pay for you to live or infact die. They want to see that in any circumstance you have enough Cash in the bank or are adequatly insured to pay your way. This means EVERYTHING.

I am lucky enough to have a great Friend(usually has to be a aussie resident i think) that has an outstanding bank account!!!! He legally (stat dec) gauruntees my GFs visa on every application. He does this by writing a formal invitation and a formal garuntee that he is reponsible for any burden she may cause the govt during her stay. These letters and a copy of his bank accounts attached to our visa applications work wonders.

My GF is convinced its because we have 2 children and a long standing relationship (which certaintly helps) However after some of the rows ive had with centrelink and medicare regarding my childrens (Australian citizens by descent) residency status, Im convinced all the govt in aussie is watching is the bottom line..

good luck

[samran]

not from the same sex relationship perspective, but a Aussie GF of mine got her UK Partner into OZ on one of these visas three years back.

Unless the requirements had changed, they had to prove that they were in a relationship akin to marriage. The 'first best' way of doing this was to be living together for a minimum of 12 months in the lead up to the application. They had been together in the UK for 2 years, so it wasn't a problem from that point, they had share tennants agreements, utiltiy bills, bank accounts etc etc.

I just wanted to highlight this point as I'm 99% sure that the rules are still very similar on this point at least and that it is a likely hoop that you are going to have to jump through.

Not, by any means, insurmountable though!! All the best.