Thai spouse to Australia

[isaanistical]

Yes, asking for a friend. She is Aussie citizen, he has only Thai passport; but he has had numerous previous visits and visas to Oz. They want to live in OZ ( obviously!).

 

Seems like a marriage visa (820) is not impossible but expensive and may take up to three years according to the Immigration website: anyone got useful info on that?

And is it best to marry in BKK or wait till Sydney to do the legal bit? Get a tourist visa here and then convert once in Oz? Any other ideas?

 

Any constructive advice gratefully received and will be passed on.

Cheers

 

[Will27]

20 hours ago, isaanistical said:

Yes, asking for a friend. She is Aussie citizen, he has only Thai passport; but he has had numerous previous visits and visas to Oz. They want to live in OZ ( obviously!).

 

Seems like a marriage visa (820) is not impossible but expensive and may take up to three years according to the Immigration website: anyone got useful info on that?

And is it best to marry in BKK or wait till Sydney to do the legal bit? Get a tourist visa here and then convert once in Oz? Any other ideas?

 

Any constructive advice gratefully received and will be passed on.

Cheers

 

Yep

 

It's expensive and a heap of paperwork involved.

 

Tell your friend to read this first I think and come back with any questions.

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820

 

Also, if her partner gets a 8503, No Further Stay condition on his tourist visa, he will be unable to apply for the spouse visa onshore in Australia.

 

[isaanistical]

24 minutes ago, Will27 said:

Yep

 

It's expensive and a heap of paperwork involved.

 

Tell your friend to read this first I think and come back with any questions.

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820

 

Also, if her partner gets a 8503, No Further Stay condition on his tourist visa, he will be unable to apply for the spouse visa onshore in Australia.

 

Thanks, much like what I thought. But if you have to be in Oz to apply for the 820, and as you say the usual 8503 says no further stay, isn't that a bit of a Catch-22?

 

Her husband would need some entry visa that can be extended while the 820 is processing (yourlinks suggest up to 2-3 years). Is there a readily available* visa class that would get him INTO Oz to start the 820 process?

 

*Frankly, my own experience of the %%%%oles at the agency the BKK embassy uses is they haven't any idea of how to help (I'm UK and I have had problems with them trying to stop me getting to Oz!), which is why my friend is worried.

[Will27]

14 minutes ago, isaanistical said:

Thanks, much like what I thought. But if you have to be in Oz to apply for the 820, and as you say the usual 8503 says no further stay, isn't that a bit of a Catch-22?

 

Her husband would need some entry visa that can be extended while the 820 is processing (yourlinks suggest up to 2-3 years). Is there a readily available* visa class that would get him INTO Oz to start the 820 process?

 

*Frankly, my own experience of the %%%%oles at the agency the BKK embassy uses is they haven't any idea of how to help (I'm UK and I have had problems with them trying to stop me getting to Oz!), which is why my friend is worried.

If the spouse is already in Oz without 8503 condition, then 820 is the way to go.

If he has a current long term visitor visa, he can always check the conditions.

 

If applying outside of Australia, visa SC 309 is the one he needs to apply for.

 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/provisional-309#About

 

 

 

[Stevemercer]

It is much better to apply for the partner visa in Australia. The application will cost around $10,000. Add another $3,000 - $5,000if they get an immigration agency in Australia to do it. The advantage is that, once the paid application is lodged with Australian immigration, he is granted a bridging visa with the same rights as the partner visa. This means he can work, get Medicareetc. etc. until a final decision ismade on the partner visa.

 

Your friend should apply for his usual tourist visa in Australia. He probably gets a 12 month multiple entry tourist visa (allowing him to stay 3 months at a time). The standard visa does not currently prohibit persons from applying for another visa once in Australia.

 

The couple could get married in Thailand or Australia, but should do this at least 2 or 3 months before applying for the partner visa in Australia.

[Will27]

3 minutes ago, Stevemercer said:

It is much better to apply for the partner visa in Australia. The application will cost around $10,000. Add another $3,000 - $5,000if they get an immigration agency in Australia to do it. The advantage is that, once the paid application is lodged with Australian immigration, he is granted a bridging visa with the same rights as the partner visa. This means he can work, get Medicareetc. etc. until a final decision ismade on the partner visa.

 

Your friend should apply for his usual tourist visa in Australia. He probably gets a 12 month multiple entry tourist visa (allowing him to stay 3 months at a time). The standard visa does not currently prohibit persons from applying for another visa once in Australia.

 

The couple could get married in Thailand or Australia, but should do this at least 2 or 3 months before applying for the partner visa in Australia.

8503 condition is placed on a lot of visitor visas.

 

I agree, if he doesn't have that condition, best to apply in Australia.

[isaanistical]

So it seems to be just a matter of making sure the Thai guy (speaks great English and has been in Oz many times before) gets some sort of entry that doesn't have 8503 on it.

 

But that's a bit of a lottery, isn't it, when applying in BKK? Does it help to use an agent (cf visas and extensions for staying in Thailand)?

 

Thanks for replies - being sent on and discussed.

[Will27]

38 minutes ago, isaanistical said:

So it seems to be just a matter of making sure the Thai guy (speaks great English and has been in Oz many times before) gets some sort of entry that doesn't have 8503 on it.

 

But that's a bit of a lottery, isn't it, when applying in BKK? Does it help to use an agent (cf visas and extensions for staying in Thailand)?

 

Thanks for replies - being sent on and discussed.

His English will have no bearing on his getting 8503 condition.

Like you said earlier, he's had multiple visas to Australia.

Then there's a chance it won't be applied.

 

If you're not good with paperwork, a good agent will help but can probably add another $4000 to $5000 on.

 

If it were me, I'd apply for a tourist visa first and then go from there.

[Seeing]

They should if possible avoid any agent that will charge them if possible as long term relationship spouse visa is more of a time and proof thing than anything else unless one tries to game the system. Then they could get in trouble.

 

[isaanistical]

28 minutes ago, Seeing said:

They should if possible avoid any agent that will charge them if possible as long term relationship spouse visa is more of a time and proof thing than anything else unless one tries to game the system. Then they could get in trouble.

 

Yes, point noted.

They are both competent to apply on their own and would do so. As I said before, I only worry for them regarding the initial visa for him (the blushing groom, as it were) from BKK. If they are/he is at the mercy of the VFS clowns, anything could go wrong.

[Seeing]

3 hours ago, isaanistical said:

Yes, point noted.

They are both competent to apply on their own and would do so. As I said before, I only worry for them regarding the initial visa for him (the blushing groom, as it were) from BKK. If they are/he is at the mercy of the VFS clowns, anything could go wrong.

Final decision on a spouse visa is here not in Thailand. VFS also need to follow the processes, not trying to game the system is key, follow the dots and prove things are kosher.

[isaanistical]

52 minutes ago, Seeing said:

Final decision on a spouse visa is here not in Thailand. VFS also need to follow the processes, not trying to game the system is key, follow the dots and prove things are kosher.

Sorry if my comment was unclear - I meant VFS' connection to a tourist visa they could screw up with 8503 before he gets back into Oz.

I have on multiple occasions personally (I'm UK, unfortunately) had good, fair and reasonable dealings with Immi in Oz and the precise opposite from VFS in BKK, hence my own scepticism.