Spouse Visa Application

[david96]

Graham or aussiebob or anyone who's applied for a spouse visa,

Did your case officer tell you your chances of a successful outcome at your interview?

Seems some people definitely were told "not much of a chance" or "50/50 chance" whereas we weren't given any indication. I asked Leena when i called her about a week ago what she thought of our chances but she wouldn't give anything away. I'm not bothered by it, it just surprises me now that i've heard other people have been given an indication of the chances at the interview.

Cheers.

** She was asked on Friday where she wanted her documents etc addressed to...would they normally give the result at the same time or later? Not too sure how to read it, I wasn't able to get onto Leena on Friday about it...

Decisions are made on visa applications in accordance with "The Migration Regulations" and the departments own PAM3 manual. A DIAC staff member would not disclose this information whether the applicant will be successful or not while it is being processed for obvious reasons.

You either meet the criteria for the visa or you do not.

It appears that you may have a reply soon, good luck.

[gburns57au]

Thanks Graham,

I'm actually looking at Qantas points to get us both to Oz, so casually looking at availability during March and April, which unusually seems quite available.

I'm thinking that QF have either opened up a lot more FF seats in general, or other than that, not many are flying between Bangkok and Australia at this time.

Same, much availability back the other way.

There has been something in the news regarding Qantas FF flights....they are going to an available seat procedure rather than select flights.....so if there is an available seat on any flight then it can be given to an FF member.

[gburns57au]

Graham or aussiebob or anyone who's applied for a spouse visa,

Did your case officer tell you your chances of a successful outcome at your interview?

Seems some people definitely were told "not much of a chance" or "50/50 chance" whereas we weren't given any indication. I asked Leena when i called her about a week ago what she thought of our chances but she wouldn't give anything away. I'm not bothered by it, it just surprises me now that i've heard other people have been given an indication of the chances at the interview.

Cheers.

** She was asked on Friday where she wanted her documents etc addressed to...would they normally give the result at the same time or later? Not too sure how to read it, I wasn't able to get onto Leena on Friday about it...

I havent heard of anyone being given a result prediction by the Case Officers....Very dangerous ground for them I would think. Certainly we werent given any such indications.

As for the documents being returned, usually that question is asked at the interview stage, Apple was asked about that at the interview even though she had to provide further docs. Maybe an oversight by Leena.

As you can see it is a very emotional ride.....just be patient....Unless you hear something to the contrary, your application is proceeding normally.

[zidaney]

David96 and Graham,

I agree with what you have said, very dangerous for the officer to be stating the likelihood of an outcome.

Perhaps the reason the documents weren't returned at the interview as per your case Graham is due to the medical check delaying the processing of the application.

Fishhooks, hope you get your interview soon. I have mentioned in a previous post that ensuring your wife knows all your details eg work, phone numbers, address and addresses of your immediate family is what your partner may be asked at the interview, my wife certainly was. I can send you a interview checklist that I found from another poster on TV that helped my wife prepare.

[aussiebob]

Zidaney,

Same as the others. No indication until Leena rang with the good news exactly 4 weeks after interview.

Stay positive. If you are confident you have adeguatly covered all Diac requirments then you have every reason to be optimistic.

Good lucl

Bob

[fishhooks]

zidaney:

Thanks for the good wishes.

We submitted everything on the Thurs. 14th this month and have come down to the beach for a week, so hopefully may hear something soon re interview.

As said before, I'm very confident that we have included everything that was asked for and that there is nothing in the application to be concerned about.

What I think everyone in this position need concern themselves with is where there is any chance of an application being refused where personal opinions of anyone in the department come into play, given when all hard facts in print are okay and have been presented as per Migration Regulations.

David mentioned the PAM3 Manual. Interesting, I wonder if this covers avenues where as the applicants, you are 100% sure of everything about your relationship and motives but 'someone' doubts this!

If no trouble, you could pop that check-list to the email box, any info is worthwhile.

Edited February 25, 2008 by fishhooks

[zidaney]

Fishhooks,

I sent you a PM with the attached interview tips. If anyone else would like the brief interview tips with possible questions i'll be happy to email them to you.

Unfortunately today my wife was informed that our spouse visa was refused. We're currently weighing up our options including the use of a migration lawyer based here in Oz to either appeal the decision or apply for a tourist visa which my wife was refused earlier in our relationship. Our case is obviously unique, and the likes of Fishhooks shouldn't have anything to worry about since my wife and I were only together in person for a period of about 3 months made up of 3 trips to Thailand to see my wife.

Very disappointing to hear the news and a little more disappointing that it was a rushed application refusal with one of the dates listed as our date of lodgement as 30/06/2010. The case officer also refers to my wife as "Ms" not "Mrs". I presume they use a template and didn't change it all. Our case officer told my wife she wanted to get the application done quickly, but we didn't know which direction it was going quickly...it would appear her decision was made up before she had handed it to the approving senior migration officer. Our case officer Leena has provided good service to other people who have had her as a case officer, so she does a good job usually, but in our case the situation we were in pushed her into deciding a refused visa. For myself and wife the whole visa process is a very grey area and i've misinterpreted a lot of what was required of us from the embassy, so personally we'll employ the services of a migration lawyer for our next move.

[david96]

Fishhooks,

I sent you a PM with the attached interview tips. If anyone else would like the brief interview tips with possible questions i'll be happy to email them to you.

Unfortunately today my wife was informed that our spouse visa was refused. We're currently weighing up our options including the use of a migration lawyer based here in Oz to either appeal the decision or apply for a tourist visa which my wife was refused earlier in our relationship. Our case is obviously unique, and the likes of Fishhooks shouldn't have anything to worry about since my wife and I were only together in person for a period of about 3 months made up of 3 trips to Thailand to see my wife.

Very disappointing to hear the news and a little more disappointing that it was a rushed application refusal with one of the dates listed as our date of lodgement as 30/06/2010. The case officer also refers to my wife as "Ms" not "Mrs". I presume they use a template and didn't change it all. Our case officer told my wife she wanted to get the application done quickly, but we didn't know which direction it was going quickly...it would appear her decision was made up before she had handed it to the approving senior migration officer. Our case officer Leena has provided good service to other people who have had her as a case officer, so she does a good job usually, but in our case the situation we were in pushed her into deciding a refused visa. For myself and wife the whole visa process is a very grey area and i've misinterpreted a lot of what was required of us from the embassy, so personally we'll employ the services of a migration lawyer for our next move.

Sorry to hear of your refusal. It would pay to contact a Migration Agent in Australia and obtain their advice. The next stage is an appeal by them on your behalf to the Migration Review Tribunal.

Here is the website.http://www.mrt-rrt.gov.au/

There is a time limit on submissions to the MRT.

Edited February 25, 2008 by david96

[david96]

Fishhooks,

I sent you a PM with the attached interview tips. If anyone else would like the brief interview tips with possible questions i'll be happy to email them to you.

Unfortunately today my wife was informed that our spouse visa was refused. We're currently weighing up our options including the use of a migration lawyer based here in Oz to either appeal the decision or apply for a tourist visa which my wife was refused earlier in our relationship. Our case is obviously unique, and the likes of Fishhooks shouldn't have anything to worry about since my wife and I were only together in person for a period of about 3 months made up of 3 trips to Thailand to see my wife.

Very disappointing to hear the news and a little more disappointing that it was a rushed application refusal with one of the dates listed as our date of lodgement as 30/06/2010. The case officer also refers to my wife as "Ms" not "Mrs". I presume they use a template and didn't change it all. Our case officer told my wife she wanted to get the application done quickly, but we didn't know which direction it was going quickly...it would appear her decision was made up before she had handed it to the approving senior migration officer. Our case officer Leena has provided good service to other people who have had her as a case officer, so she does a good job usually, but in our case the situation we were in pushed her into deciding a refused visa. For myself and wife the whole visa process is a very grey area and i've misinterpreted a lot of what was required of us from the embassy, so personally we'll employ the services of a migration lawyer for our next move.

Sorry to hear of your refusal. It would pay to contact a Migration Agent in Australia and obtain their advice. The next stage is an appeal by them on your behalf to the Migration Review Tribunal.

Here is the website.http://www.mrt-rrt.gov.au/

There is a time limit on submissions to the MRT.

You should have received a reason for the refusal in writing, any errors DIAC made in processing the application may go in your favour at a MRT hearing.

Edited February 25, 2008 by david96

[gburns57au]

Sorry to hear about that mate, your missus should receive a letter soon to explain the reasons for the rejection. Once you receive that then you can plan the next move.

Let us know when you can the reason for the refusal.

Regards

Graham

[sezzo]

Gday guys,

Currently in BKK for a few days to prepare prior to submitting the application for spouse visa. Got all the translations done in the ground level of the CC building where the VFS is located. As you enter you go around to your left and there is a small cubicle there with 2 ladies running the business. Small documents are 300 baht per page and large documents are 500 baht per page. They will also act as sort of a runner for you if you have to send stuff from back at home in Thailand or in Oz.

I went to submit yesterday at around 3pm and was told by the security that it was getting late and the place was quite busy so I asked to have a talk with the embassy representative. Well worth the time to do this as I got some doubts cleared up and also she explained everything inthe process to my wife more clearly than I could. I will be submitting the application tomorrow.

For Graham, We managed to track down the step daughters father and he will sign the necessary papers at the VFS tomorrow morning. When I told this to the embassy official she said thats the best thing to do

Well I will report further after the submission.

Good luck to all

[gburns57au]

For Graham, We managed to track down the step daughters father and he will sign the necessary papers at the VFS tomorrow morning. When I told this to the embassy official she said thats the best thing to do

Well I will report further after the submission.

Good luck to all

I would hate to go through the court process....so it is great that the childs father will sign....saves a heap of problems.

Good luck with it all

Graham

[fishhooks]

zidaney & Graham, you I think have PM's, not sure if system sent okay or not?

[zidaney]

Sorry for not replying sooner with the reasons for the spouse visa being rejected, been in the process of finding a reputable migration agent and organising the paperwork for an appeal which will be lodged tomorrow (Friday).

Firstly, the financial aspect was dismissed based on two monetary amounts transferred to my wife. Since then I have made payments from May 2007 fortnightly until now totaling roughly $4000 AUD that appears as though wasn't viewed or considered.

Secondly, nature of the household aspect was dismissed due to our short time spent together (longest time together was one month).

Thirdly, social aspect dismissed even though accepted that through 8 statements from family and friends of my wife and I and over 200 photos that we're a 'couple in a social context', there still wasn't enough evidence to convince them it is an continuing and genuine relationship.

Fourthly, nature of person's commitment to each other was dismissed despite many many telephone bills, emails, SMSs, MSN logs as proof is 'limited supporting evidence' and that approximately 2 months of me visiting her over the 3 years we have been together is insufficient time.

I have commenced an appeal through a migration agent in Sydney recommended by 'the Scouser' who you might know from posts on TV forums relating to UK/Thai visas. Although I live in Brisbane the MRT (Migration Review Tribunal) offices are only located in Melbourne and Brisbane, so I will have to make the trip to Sydney anyway, as it has been advised that I attend the case in person, although it's not necessary. Time wise, it's about a 6 month wait for a spouse visa appeal case to be heard by the MRT and there is approximately an 80% success rate for those cases. It's a substantial amount of money for the fees and you also have to pay $1400 on top of the legal fees to the agent which goes to the MRT. The $1400 is returned to you if your appeal is successful. I am required to obtain all the documentation, evidence, application forms/medical checks etc to pass on to the migration agent. If spending that money and going to the trouble of basically doing almost the same as a new spouse visa application will mean I will have my wife here with me permanently then it is worth it without question. My hindsight suggests given our particular situation that employing the services of a migration agent the first time we applied for a spouse visa would've been a much smarter move, but i'll make it clear that's for our specific situation. If you have a strong case and spend the time making a complete and thorough application you shouldn't have any problems. Our migration agent informed he was fairly confident of a positive outcome, but nevertheless my wife and I will prepare as throughly as we did for the initial application.

Thanks everyone including David 96, Graham, and Fishhooks for your words of support. We simply will not give up until we are together, whatever it takes, however long it takes.

Fishhooks, i'll PM you shortly, its been very hectic between work and organising the appeal paperwork.

Edited February 28, 2008 by zidaney

[david96]

Sorry for not replying sooner with the reasons for the spouse visa being rejected, been in the process of finding a reputable migration agent and organising the paperwork for an appeal which will be lodged tomorrow (Friday).

Firstly, the financial aspect was dismissed based on two monetary amounts transferred to my wife. Since then I have made payments from May 2007 fortnightly until now totaling roughly $4000 AUD that appears as though wasn't viewed or considered.

Secondly, nature of the household aspect was dismissed due to our short time spent together (longest time together was one month).

Thirdly, social aspect dismissed even though accepted that through 8 statements from family and friends of my wife and I and over 200 photos that we're a 'couple in a social context', there still wasn't enough evidence to convince them it is an continuing and genuine relationship.

Fourthly, nature of person's commitment to each other was dismissed despite many many telephone bills, emails, SMSs, MSN logs as proof is 'limited supporting evidence' and that approximately 2 months of me visiting her over the 3 years we have been together is insufficient time.

I have commenced an appeal through a migration agent in Sydney recommended by 'the Scouser' who you might know from posts on TV forums relating to UK/Thai visas. Although I live in Brisbane the MRT (Migration Review Tribunal) offices are only located in Melbourne and Brisbane, so I will have to make the trip to Sydney anyway, as it has been advised that I attend the case in person, although it's not necessary. Time wise, it's about a 6 month wait for a spouse visa appeal case to be heard by the MRT and there is approximately an 80% success rate for those cases. It's a substantial amount of money for the fees and you also have to pay $1400 on top of the legal fees to the agent which goes to the MRT. The $1400 is returned to you if your appeal is successful. I am required to obtain all the documentation, evidence, application forms/medical checks etc to pass on to the migration agent. If spending that money and going to the trouble of basically doing almost the same as a new spouse visa application will mean I will have my wife here with me permanently then it is worth it without question. My hindsight suggests given our particular situation that employing the services of a migration agent the first time we applied for a spouse visa would've been a much smarter move, but i'll make it clear that's for our specific situation. If you have a strong case and spend the time making a complete and thorough application you shouldn't have any problems. Our migration agent informed he was fairly confident of a positive outcome, but nevertheless my wife and I will prepare as throughly as we did for the initial application.

Thanks everyone including David 96, Graham, and Fishhooks for your words of support. We simply will not give up until we are together, whatever it takes, however long it takes.

Fishhooks, i'll PM you shortly, its been very hectic between work and organising the appeal paperwork.

zidaney,

With reference to your post there are two important dates to keep in mind.

1 Date when you first met, and 2 Date when the relationship commenced.

In my case the date when relationship commenced was the date of my marriage in Bangkok which was 10 months after we met.

With regard to financial support that commenced 1 month after we had met at the same time each month a fixed amount would be sent to her bank account by internet banking.

After we were married all transfers were tagged "spouse support" This provided proof what the money was transfered for.

It would appear that all calculations made by DIAC for length of relationship commence with the date as in 2.

Good luck with your submission to the MRT.

Edited February 28, 2008 by david96

[zidaney]

david96,

We met in January 2005 and married in January 2007, so effectively we've been married for about one year. Due to financial constraints I only started transferring money to her in May 2007 until now. I don't use any reference like 'spouse support' when sending the money to her. There isn't a specific place to do that when doing an international transfer, unlike when I do a normal internet transfer to Australian bank accounts.

zidaney,

With reference to your post there are two important dates to keep in mind.

1 Date when you first met, and 2 Date when the relationship commenced.

In my case the date when relationship commenced was the date of my marriage in Bangkok which was 10 months after we met.

With regard to financial support that commenced 1 month after we had met at the same time each month a fixed amount would be sent to her bank account by internet banking.

After we were married all transfers were tagged "spouse support" This provided proof what the money was transfered for.

It would appear that all calculations made by DIAC for length of relationship commence with the date as in 2.

Good luck with your submission to the MRT.

[gburns57au]

Zindaney,

It appears to me that the overriding reason is the lack of actual time spent together to establish an ongoing relationship. It appears in 3 of the 4 reasons given.

I hope that the migration agent can sort it out for you. It is now in the hands of professionals which is the best place for it to be.

I wish you all the luck with the appeal.

[the scouser]

I have commenced an appeal through a migration agent in Sydney recommended by 'the Scouser'

The lawyer in question gave me a call on Wednesday to say that you'd been in contact.

I hope all goes well with the appeal.

Scouse.

[david96]

Here is a link to previous cases submitted to the MRT, type 309 into the database search field.

http://www.austlii.edu.au/au/cases/cth/MRTA/

[david96]

Zindaney,

It appears to me that the overriding reason is the lack of actual time spent together to establish an ongoing relationship. It appears in 3 of the 4 reasons given.

I hope that the migration agent can sort it out for you. It is now in the hands of professionals which is the best place for it to be.

I wish you all the luck with the appeal.

This is where a 676 tourist visa would come in as this time spent together in Australia is added to the time spent in Thailand together. Remember it may not be practical to spend more than 1 month in a year together in Thailand

due to work commitments.

The minimum time is not specified by DIAC, with the exception of the "defacto type" which is a minimum of 12months.

(one may be incorrect here)

[zidaney]

David96,

Thanks for the MRTA link, that is a handy webpage for me to have in my situation, much appreciated. Some of the cases that have been put through the MRT does give us hope. The length of time we have spent together seems to be on par with some of those applicants who had successful appeal outcomes. The difference would only be they have had a proper wedding ceremony in the applicant's country whereas we haven't but have arranged for a wedding ceremony here.

Our migration lawyer did not believe applying for a tourist visa for my wife to come here was a good idea now, i'll re-confirm this with the agent.

Sezzo, glad to hear things went smoothly, good luck with the rest of the process.

[david96]

If one reads form 1127 (07/07) Partner Migration Booklet part 8 "evidence that your sponsorship is genuine" which is only a guide at best. For an applicant applying in Thailand with the sponsor living in Australia and visits to Thailand limited perhaps due to work commitments a large part of these requirements cannot be complied with.

For the benefit of other Australian TV members and others I have summarized the requirements when my application was lodged.

History of relationship

How,when and where you met.

How your relationship developed.

When did you decide to marry or commence a spouse relationship.

Any periods of separation.

Evidence of relationship

Financial aspects (Bank transfers for spouse support)

Nature of Household

Not applicable

Social context of relationship

Joint travel

Nature of commitment to each other.

Will naming applicant (spouse) as sole beneficary.

Itemised telephone accounts.

Edited March 1, 2008 by david96

[fishhooks]

When a Partner Visa is issued, how long normally does one get in the interim, before boarding the plane? The use-by date?

[david96]

When a Partner Visa is issued, how long normally does one get in the interim, before boarding the plane? The use-by date?

3 months from date of issue, the visa as affixed in the passport has a printed statement "must not enter after (day/month/year) or words to that effect.

[gburns57au]

For a spouse visa......the clock starts from the date of the first documentation received by the embassy....usually the Police or Medical certificate......the applicant has 12 months from that date to enter Australia....The entry date will be given on the visa.

The tourist visa has a 3 month limit.

[david96]

For a spouse visa......the clock starts from the date of the first documentation received by the embassy....usually the Police or Medical certificate......the applicant has 12 months from that date to enter Australia....The entry date will be given on the visa.

The tourist visa has a 3 month limit.

Graham,

You are correct on that one, it is 12 months from date of visa issue and it is this date which is important as this is when the 2 year sponsorship starts.

The official lodgement date is when the application is initially received by DIAC. It will be date stamped.

[fishhooks]

Thanks guys,

I thought it was a lot shorter than 12 months after stamping for your partner to initially arrive in Australia.

I also 'thought' I read somewhere, that the Permanent Visa is usually granted 2 years after the application is first submitted, thus if the approval takes a period of time, this time is within the Temporary Visa!

[fishhooks]

Another Question (again)

After interview and no further paperwork asked for and seemingly no other issues, is it prudent after some time has passed to call and query the progress of an application, or should one just go back into the 3 month loop and wait?

The Case Officers do give out their direct number, so I imagine there is no issue in giving them a call!

[david96]

Another Question (again)

After interview and no further paperwork asked for and seemingly no other issues, is it prudent after some time has passed to call and query the progress of an application, or should one just go back into the 3 month loop and wait?

The Case Officers do give out their direct number, so I imagine there is no issue in giving them a call!

You could try e-mailing them, here is the e-mail address for DIAC Bangkok

mailto:[email protected]

[fishhooks]

Appreciated David, Ta

We actually have a contact number, but not wanting to rock the boat in advance of what may normally be a reasonable time for them to do what's necessary, I guess I was more or less asking what other members may have done in the past and if they have had a good response or not.

Not knowing how the chain of command operates, I imagine there is a couple of other links in the chain after the Case Off. has done her report.