Australian Immigration Visa Requirements.

[david96]

• Written supporting statements from at least two people who are Australian citizens or permanent residents of Australia and who know you and your sponsor. These statements can be made on form 888 or as a Statutory Declaration.

Note In my case I/We were not required to supply 888 forms as we did not meet the criteria to submit them

Interesting paragraph here.....Two years ago and even one year ago the standard stat decs were being accepted...However we have had one member here just recently who was asked to supply the 888 forms by the case officer and I know of others who were also asked to supply the 888 forms. This may be because the case officer was being pedantic or it may have been an internal directive given to the case officers. We dont know...

Therefore in order to try and avoid any delays it is advisable to provide the Embassy with 888 forms in the first instance.

David....two years is a long time in the Immi business and many changes can occur in that time. What was relevant when you applied may not be relevant now.

Yes form 888s may be required if you are in a defacto relationship and you wife has resided in Australia with you genererally 12 months or more. You would have to get those forms filled in and witnessed in Australia.

In my case I am legally married under Thai Law, my wife visited me in Australia for a few months.We applied 12 months after we were married. At no time was I required to have any communication with DIAC in Australia.

Yes, a number of Australian citizens know me very well for many years but none new my wife well enough to make a statutory declaration to satisfy the criteria set by DIAC.

Remember DIAC have other documents that you have supplied to meet the criteria for the visa applied for. If they want more documents from the sponsor you will receive a letter from DIAC you will be given plenty of time to reply.

It makes the preparation of the application much easier if the sponsor is in Thailand as he can fill in the forms as they are only available in English unlike the application forms for a tourist visa. Do not hesitate to contact the Embassy by telephone if you have any problems.

[david96]

Applying for partner visa application (spouse) can appear to be complex, but if addressed in a logical manner it is not difficult but is time consuming. Every one may have a different set of circumstances.

This was my procedure. Day 1 was a Monday.

Day 1 Pick up visa application package from VFS.

Day 2 Submit form for Thai Police Clearance.

Day 3 Go to Translation Agency and arrange for all documents required for application to be translated into Thai with photocopies as required.Do not forget to get your marriage registration translated.

Day 4 Fill in all forms. sponsor

Day 5 Fill in all forms. applicant

Day 6 rest day

Day 7 rest day

Day 8 to day 12 you can obtain the medical if you so wish.

Day 13 rest day

Day 14 rest day

Day 15 Pick up all the documents from the translation agency. Pick up the Police clearance certificate.Sort and file documents in a logical order.

Day 16 Obtain bank cheque, Submit application to VFS.

[gburns57au]

Yes form 888s may be required if you are in a defacto relationship and you wife has resided in Australia with you genererally 12 months or more. You would have to get those forms filled in and witnessed in Australia.

None of these people I mentioned were in de facto relationships nor were they applying for de facto spouse visas. They were just people like me who have married their ladies and want them in Oz with them.

[gburns57au]

Applying for partner visa application (spouse) can appear to be complex, but if addressed in a logical manner it is not difficult but is time consuming. Every one may have a different set of circumstances.

This was my procedure. Day 1 was a Monday.

Day 1 Pick up visa application package from VFS.

Day 2 Submit form for Thai Police Clearance.

Day 3 Go to Translation Agency and arrange for all documents required for application to be translated into Thai with photocopies as required.Do not forget to get your marriage registration translated.

Day 4 Fill in all forms. sponsor

Day 5 Fill in all forms. applicant

Day 6 rest day

Day 7 rest day

Day 8 to day 12 you can obtain the medical if you so wish.

Day 13 rest day

Day 14 rest day

Day 15 Pick up all the documents from the translation agency. Pick up the Police clearance certificate.Sort and file documents in a logical order.

Day 16 Obtain bank cheque, Submit application to VFS.

What suits one may not suit another, People will do things their own way.

For instance my friend who should have just lodged their application this week, had his wife do the medical and police about two weeks ago before he went there...They have filled out their forms and collected their evidence together before his wife went back to BKK, All the Thai Documents have been translated in the last two weeks also...they should have lodged the application today...they will use the bank cheque that can be issued at the VFS office. The medical and po;ice should be at the embassy by the time they lodge the applications, the interview should be in a couple of weeks.

[gburns57au]

Yes form 888s may be required if you are in a defacto relationship and you wife has resided in Australia with you genererally 12 months or more. You would have to get those forms filled in and witnessed in Australia.

In my case I am legally married under Thai Law, my wife visited me in Australia for a few months.We applied 12 months after we were married. At no time was I required to have any communication with DIAC in Australia.

Yes, a number of Australian citizens know me very well for many years but none new my wife well enough to make a statutory declaration to satisfy the criteria set by DIAC.

Remember DIAC have other documents that you have supplied to meet the criteria for the visa applied for. If they want more documents from the sponsor you will receive a letter from DIAC you will be given plenty of time to reply.

It makes the preparation of the application much easier if the sponsor is in Thailand as he can fill in the forms as they are only available in English unlike the application forms for a tourist visa. Do not hesitate to contact the Embassy by telephone if you have any problems.

The edit thingy stuffed up and I lost most of my reply.....so I will try again following on from my other reply to this post.

Form 888's dont have to be filled in and witnessed in Oz....it can be done by any Oz citizen anywhere as long as the person who witnesses it is duly authorised. For the defacto status you must have lived together for 12 months...anywhere. As long as you can show proof of the residential side of things.

The sponsor generally will not be required to contact the Immi...unless they request it....then the sponsor will be invited to attend at the nearest office whereever that may be for an interview...They set the time and dont miss it cos there is no second chance...If you miss it then it could have a negative result on the application result.

The witnesses for Stat Decs and/or the 888's need to know the applicant....They dont need to the applicant well Just enough to give an opinion on the nature of the relationship.

If further documents are required then they will ask and give time for the documents to be obtained. But then this is just another delay, especially if the documents have to be sent from Oz and the sponsor is in Thailand. It is best to try and anticipate what is required and supply it in the first instance whether it is required or not. None of the other documents can substitute the Stat Dec or 888 forms.

It will make no difference to the preparation or the lodgement of the application if the sponsor is in Thailand or Oz....there is some conjecture that the sponsor being in Thailand especially at the interview time will speed up the process, I find this unlikely but still...One doesnt start preparing a spouse application two weeks before applying....Usually it starts well before then. The packs are available here so they can be filled out here and sent on....If there is any discrepancies in the Applicants application then the staff at the VFS will assist the applicant.

[david96]

With Australian statutory declarations eg Form 888s, the person who has filled in the information on the document must sign this document in front of the witness and the the witness will state "do you understand the contents of this declaration"or words to that effect before the document is signed by both parties generally with the same pen.

The consular section of the Australian Embassy can witness documents. The person who has filled in this document must go to the Consular section of the Embassy with his/her passport to get the documents signed.

I would like to point out that we were married in Thailand. If you were married in Australia on a Tourist visa this could well justify the Form 888s. Married in Australia on a 676 visa and you have to apply offshore. In that case you would have the 888s signed and witnessed in Australia.

[david96]

Extracts from page 1 of a current Form 888.

When assessing a spouse or interdependency visa application the DIAC (the department) is required to consider the social aspects of the relationship.

A person completing this declaration may be required to submit up to three separate declarations during the processing of the application to remain permanently in Australia.

They may be contacted by the department for further comment and interview in relation to the information given on this form.

You should confirm the requirements with the nearest Australian mission overseas when you lodge your application.

[david96]

How one chooses to carry out the preparatory process of a visa application for submission to DIAC offshore is up to the indivdual sponsor. The main thing is that it be successful.

That is why that first statement from the applicant in Thai and with the English translation and the statement from the sponsor as to how, when, and date when relationship commenced with details of your relationship as it "developed" is important.The applicant should know some basic aspects of her sponsor.If she has an interview which may only be brief she will be asked some very common questions and it may be based on what is in the initial statements.

The statements do not have to be in the form of a conventional declaration but just a header,

"To Whom it May Apply, DIAC use only."

They are required to be signed by the individual who the statement refers to.

Depending on the circumstances if the applicant passes this test and providing the sponsor has no problems you will be fairly certain that she will have her temporary spouse sub class 309 visa granted. She still must pass health requirements.

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

There are aspects that can delay an application, eg, previous marriages and children of these marriages, so make sure all this information is supplied and any additional information if asked for.

The easiest applications and ones that are processed fastest are ones that are complete and simple ( no dependants on either side).

[fishhooks]

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

***************************************

So when the application is first submitted in BKK, be it in our case probably jointly, is it our responsibility to keep BKK DIAC constantly aware of where we are.

I imagine that I will wait with my wife in Thailand whilst the application is processed.

Thus what contact info do they normally require? ...............Fixed address, phone, email?

[gburns57au]

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

Incorrect....

The sponsor interview if required is done in person....they will not conduct a sponsor interview over the phone.

[gburns57au]

The consular section of the Australian Embassy can witness documents. The person who has filled in this document must go to the Consular section of the Embassy with his/her passport to get the documents signed.

I would like to point out that we were married in Thailand. If you were married in Australia on a Tourist visa this could well justify the Form 888s. Married in Australia on a 676 visa and you have to apply offshore. In that case you would have the 888s signed and witnessed in Australia.

Again incorrect...

The 888 forms can be signed by anyone that is qualified to sign such a form as it is in Oz. It does not have to be signed by the Consular section of the Embassy. This is explained on page 23 of the Partner Migration Booklet. Remember that the 888 form is merely the Departments numbered Statutory Declaration form...and as such is just that.

I have said many times if you are able to supply these forms then it would prudent to do so in the first instance to avoid any delays. Two years ago they werent asking for these specific forms to be supplied...now they are...

Can we stop flogging this dead horse now David.

[gburns57au]

Extracts from page 1 of a current Form 888.

When assessing a spouse or interdependency visa application the DIAC (the department) is required to consider the social aspects of the relationship.

A person completing this declaration may be required to submit up to three separate declarations during the processing of the application to remain permanently in Australia.

They may be contacted by the department for further comment and interview in relation to the information given on this form.

You should confirm the requirements with the nearest Australian mission overseas when you lodge your application.

I take it you are talking about the declarents of the 888 or any other form of Statutory Declaration ??

While the Department has this right it is very rarely initiated....they would generally refuse the application before interviewing a declarent. Indeed I have never heard of a declarent of a Stat Dec in a migrant application being interviewed.

[gburns57au]

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

***************************************

So when the application is first submitted in BKK, be it in our case probably jointly, is it our responsibility to keep BKK DIAC constantly aware of where we are.

I imagine that I will wait with my wife in Thailand whilst the application is processed.

Thus what contact info do they normally require? ...............Fixed address, phone, email?

Only if you permanantly change any addresses that you have declared on the Application. If you intend to stay in Thailand for the entire process and it could be a lengthy stay....then inform them of your intent as part of the application. If you then decide to go home before the application is decided, inform your case officer of that. That would the courteous thing to do.

If after the grant of the temp visa nad before the Perm visa is granted you will need to inform them of any change of address...failure to do so could result in the visa being cancelled.

All three contacts would be desirable....Phone contact would be the most important.

Edited December 8, 2007 by gburns57au

[david96]

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

Incorrect....

The sponsor interview if required is done in person....they will not conduct a sponsor interview over the phone.

Interviewing here is actually qestioning the sponsor and maybe clarifying some items they are unsure about and it is often done by telephone if the person lives some distance from the nearest DIAC office, or it is a minor matter.

[david96]

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

***************************************

So when the application is first submitted in BKK, be it in our case probably jointly, is it our responsibility to keep BKK DIAC constantly aware of where we are.

I imagine that I will wait with my wife in Thailand whilst the application is processed.

Thus what contact info do they normally require? ...............Fixed address, phone, email?

Only if you permanantly change any addresses that you have declared on the Application. If you intend to stay in Thailand for the entire process and it could be a lengthy stay....then inform them of your intent as part of the application. If you then decide to go home before the application is decided, inform your case officer of that. That would the courteous thing to do.

If after the grant of the temp visa nad before the Perm visa is granted you will need to inform them of any change of address...failure to do so could result in the visa being cancelled.

All three contacts would be desirable....Phone contact would be the most important.

The sponsor should give his and his Australian address including his mailing address if different and all telephone numbers you can be contacted on. Attach on a separate sheet of paper and clip to application form.Let the Embassy know when you intend to return to Australia, yes, you could be in for a long wait all depends on the complexity of the application. If you do not have to return to work in Australia you may have time to wait for the outcome.You should have someone in Australia to pick up your mail in case DIAC send you correspondence pertaining to the application.

[david96]

Extracts from page 1 of a current Form 888.

When assessing a spouse or interdependency visa application the DIAC (the department) is required to consider the social aspects of the relationship.

A person completing this declaration may be required to submit up to three separate declarations during the processing of the application to remain permanently in Australia.

They may be contacted by the department for further comment and interview in relation to the information given on this form.

You should confirm the requirements with the nearest Australian mission overseas when you lodge your application.

I take it you are talking about the declarents of the 888 or any other form of Statutory Declaration ??

While the Department has this right it is very rarely initiated....they would generally refuse the application before interviewing a declarent. Indeed I have never heard of a declarent of a Stat Dec in a migrant application being interviewed.

Yes and probably more often than one would think. I personally know of one case in Cairns in 2002. The first person who had made the statutory declaration was called by telephone to visit the local DIAC office. There a Departmental Officer confronted her and said that she was in serious trouble. The information she had given was proven untrue.

They told the penalty for such an offence and said that they would not prosecute if she told them where the applicant was living. She retracted her statement. DIAC detained the applicant and she was deported. The second person to fill in the stat dec. could not be contacted. The statutory declarations were in relation to a marriage between a Thai on a student visa who had become "self employed" and a permanent Australian citizen and DIAC had a lot of information on her.

DIAC can question any person they like if it concerns immigration matters.

[gburns57au]

Yes and probably more often than one would think. I personally know of one case in Cairns in 2002. The first person who had made the statutory declaration was called by telephone to visit the local DIAC office. There a Departmental Officer confronted her and said that she was in serious trouble. The information she had given was proven untrue.

They told the penalty for such an offence and said that they would not prosecute if she told them where the applicant was living. She retracted her statement. DIAC detained the applicant and she was deported. The second person to fill in the stat dec. could not be contacted. The statutory declarations were in relation to a marriage between a Thai on a student visa who had become "self employed" and a permanent Australian citizen and DIAC had a lot of information on her.

DIAC can question any person they like if it concerns immigration matters.

I said they have the right to do that...It is rarely implemented. rarely means that it doesnt happen often.

I would think that the example you gave would have been an extreme case....as you stated "they had a lot of info on her"

On this site we are not looking at extreme situations but rather the general situation of partner migration.

[gburns57au]

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

***************************************

So when the application is first submitted in BKK, be it in our case probably jointly, is it our responsibility to keep BKK DIAC constantly aware of where we are.

I imagine that I will wait with my wife in Thailand whilst the application is processed.

Thus what contact info do they normally require? ...............Fixed address, phone, email?

Only if you permanantly change any addresses that you have declared on the Application. If you intend to stay in Thailand for the entire process and it could be a lengthy stay....then inform them of your intent as part of the application. If you then decide to go home before the application is decided, inform your case officer of that. That would the courteous thing to do.

If after the grant of the temp visa nad before the Perm visa is granted you will need to inform them of any change of address...failure to do so could result in the visa being cancelled.

All three contacts would be desirable....Phone contact would be the most important.

The sponsor should give his and his Australian address including his mailing address if different and all telephone numbers you can be contacted on. Attach on a separate sheet of paper and clip to application form.Let the Embassy know when you intend to return to Australia, yes, you could be in for a long wait all depends on the complexity of the application. If you do not have to return to work in Australia you may have time to wait for the outcome.You should have someone in Australia to pick up your mail in case DIAC send you correspondence pertaining to the application.

Gee....didnt I just say something very similar....

[gburns57au]

If DIAC wish to interview the sponsor it will most probably be done by telephone, or by attendance at a DIAC office in Australia.

Incorrect....

The sponsor interview if required is done in person....they will not conduct a sponsor interview over the phone.

Interviewing here is actually qestioning the sponsor and maybe clarifying some items they are unsure about and it is often done by telephone if the person lives some distance from the nearest DIAC office, or it is a minor matter.

Clarifying is not the same as interviewing, If they call you in for an interview it is likely to be something more than just clarifying an address or such like...If called for an interview it is more likely to be that they have concerns about some aspect of the application or the sponsor. This will not be done over the phone.

[Chris Lawrence]

Just send the secret weapon to the case workers.

A Christmas Card.

Merry Christmas

Chris Cringles

[david96]

Reading through the posts on this subject one gets the impression that some applicants are concerned whether their applications will be successful. If the information you supply is honest and truthful you will have no problems. Try to deceive or give misleading information to DIAC and you will have problems. Just remember DIAC use data matching to many Australian Government departments such as the ATO Centrelink and the AFP so it is very easy to check up on a sponsor.

[Chris Lawrence]

One of the hardest things in doing an application is to find out what the norms are for filling in the application. That is what is acceptable and what is just a flimsy attempt to apply for a visa. There are a few people I now know that have completed the full application process. We have just sent our information for the permanent partner visa.

One of the best ways is to find people who have done an application and actually read the application. That is of course the successful applications. Reading the OP the concern is age. But an application also has some tests to go thru. one is discrimination. You cannot discriminate against age. The other issue is income; worse comes to worse you would try to get someone to provide an assurance of support for the 2 year period the application for permanent visa takes place.

Again another issue is to know your rights when dealing with the Department; know what to ask and when to ask, don't feel as though the Department is above you.

Understand the quality of referees that you can use. The case mangers in Bangkok appear to have a high respect for officialdom. Go to your local members of parliament and ask if they can do a letter for you. Get a letter from your local doctor; local police. It is great to have lines of communication established such as emails, letters; The other point that I would also make that the Australian Marriage Certificate is also a strong document in an application. I am not sure how strong the Thai Certificate is seen as. And again get you thai partner to get similar referees from their local area.

Try and get to know the people in Immi at Bangkok. My feeling is that they don't like you going over their head, but if you have to do it. Read the thread "Who's Who at the Australian Embassy" (I think they change their onshore people in Bangkok regularly so might be hard to know who the boss is, but you can always ask the immi Dept here in Oz). The best advice I got was to suck up to the case mangers; unfortunately I don't get that humble. The gentleman that gave me this advice got in and understood the culture he was dealing with and had a quality application with some very senior Oz officials.

The hardest thing is not to feel overwhelmed with all the forms. You just have to have some clear time sit down and do it.

I found getting information from the Oz based Immi officers a lot more direct and helpful. Use the system here as much as you can. And don't be scared to ask silly question, it may have been the one a lot wanted to know but were afraid to ask. Keep talking.

These are just my thoughts.

[sezzo]

What suits one may not suit another, People will do things their own way.

For instance my friend who should have just lodged their application this week, had his wife do the medical and police about two weeks ago before he went there...They have filled out their forms and collected their evidence together before his wife went back to BKK, All the Thai Documents have been translated in the last two weeks also...they should have lodged the application today...they will use the bank cheque that can be issued at the VFS office. The medical and po;ice should be at the embassy by the time they lodge the applications, the interview should be in a couple of weeks.

Graham,

What exact thai documents are to be translated. I understand things like statements about relationship etc but what about things like tabian bahn etc. My wife has some papers from the amphur saying that she is the sole carer of the kids. Would this need to be translated.

Thanks in advance,

Carl

[gburns57au]

Graham,

What exact thai documents are to be translated. I understand things like statements about relationship etc but what about things like tabian bahn etc. My wife has some papers from the amphur saying that she is the sole carer of the kids. Would this need to be translated.

Thanks in advance,

Carl

Any Thai documents that you have included as evidence for the application. This includes the Tabian Baan and the sole carer papers also Birth certificate for everyone included in the application

If youre bringing the girl over as well she can be included in the wifes application.

If you are bring the girl over then the sole carers papers from the Amphur will not be enough...you will need a letter from the father stating that he doesnt object to the child migrating, If the father has passed on then a death certificate is needed, or if his whereabouts is unknown, then you need a court order giving your wife sole custody rights in making decisions for the child.

Each of these will need to be certified translations.

The translations can be done by any certified translator, and the copies will need to be certified by someone who is authorised to certify them.

Hope that assists

Graham

Edited December 11, 2007 by gburns57au

[Chris Lawrence]

Our documents were translated by Thai brother in-law. He spoke and wrote good English, had a high ranking position in Government run company and just used the stamp to say his level and the company he worked for to endorse the documents translated.

These translated documents were accepted by the embassy. Saved us a lot of money in translation fees. I am not really quite sure what is a certified translator in Thailand.

I just add this because of the cost saving that you can make finding out if someone in the family can do this for you and is accepted by the embassy.

[david96]

Our documents were translated by Thai brother in-law. He spoke and wrote good English, had a high ranking position in Government run company and just used the stamp to say his level and the company he worked for to endorse the documents translated.

These translated documents were accepted by the embassy. Saved us a lot of money in translation fees. I am not really quite sure what is a certified translator in Thailand.

I just add this because of the cost saving that you can make finding out if someone in the family can do this for you and is accepted by the embassy.

Thai translation agencies are certified translators. Their costs are not excessive. However Australian documents translated into Thai must be certified by the Ministry of Foreign Affairs, eg the statutory declaration stating that you are free to marry.

[sezzo]

Our documents were translated by Thai brother in-law. He spoke and wrote good English, had a high ranking position in Government run company and just used the stamp to say his level and the company he worked for to endorse the documents translated.

These translated documents were accepted by the embassy. Saved us a lot of money in translation fees. I am not really quite sure what is a certified translator in Thailand.

I just add this because of the cost saving that you can make finding out if someone in the family can do this for you and is accepted by the embassy.

There is nobody in my wifes family that could do as you mentioned. I have used a tranlation service near the Oz emabassy a few times before but I dare say with all the tranlating required they would be expensive. Also then I had to go to the ministry of fareign affairs for certification. This is also timeconsuming and costly.

Does anyone have any recommendation for certified translaters in Bangkok that are reliable and not so expensive.

I see a big job ahead of me when I go for my "holiday" there in feb

[david96]

Our documents were translated by Thai brother in-law. He spoke and wrote good English, had a high ranking position in Government run company and just used the stamp to say his level and the company he worked for to endorse the documents translated.

These translated documents were accepted by the embassy. Saved us a lot of money in translation fees. I am not really quite sure what is a certified translator in Thailand.

I just add this because of the cost saving that you can make finding out if someone in the family can do this for you and is accepted by the embassy.

There is nobody in my wifes family that could do as you mentioned. I have used a tranlation service near the Oz emabassy a few times before but I dare say with all the tranlating required they would be expensive. Also then I had to go to the ministry of fareign affairs for certification. This is also timeconsuming and costly.

Does anyone have any recommendation for certified translaters in Bangkok that are reliable and not so expensive.

I see a big job ahead of me when I go for my "holiday" there in feb

Translation of documents should not cost much more than 3000THB depends on the number of documents to be translated. The "Bangkok Post" has lists of translators in the classified ads pages. Certification will cost 800THB at the MFA.

Figures shown were my costs in 2005.

[david96]

No one should complain about costs in Bangkok for translation services. In Australia you would be paying AUD80 per A4 page or more in some cases.

[sezzo]

No one should complain about costs in Bangkok for translation services. In Australia you would be paying AUD80 per A4 page or more in some cases.

You are right there. Earlier this year I pad $80 just to get my thai marriage certificate tranlated into english. I will check out the Bangkok Post as advised.

Thanks