Spouse Visa Application

[sezzo]

I spoke with the wife when she returned to village after her big day in BKK. She was at the embassy by 10 am and out of there before 11 am with all visas safely tucked away in the passports. Still no indication why it was processed so quickly or accepted without an interview but Im not complaining.

Now its merely counting down the days before I go pick them up.

[david96]

Wife has family & friends here, I have family & friends there, thus easy to pop backward and forward without too much fuss or paperwork!

Good luck to you, get the best of both countries, will this affect your wifes permanent visa in 2 years time? Probably not as long as you have 183 days resident in Australia each year.

[david96]

I spoke with the wife when she returned to village after her big day in BKK. She was at the embassy by 10 am and out of there before 11 am with all visas safely tucked away in the passports. Still no indication why it was processed so quickly or accepted without an interview but Im not complaining.

Now its merely counting down the days before I go pick them up.

The interview may have been regarded as just being in person at the Embassy between 10am and 11am, it may have been as simple as a telephone call, an interview can be formal or informal. The interview is not mandatory "may"is the term they use.

You most probably had a good application. Your lucky day.

[sezzo]

I spoke with the wife when she returned to village after her big day in BKK. She was at the embassy by 10 am and out of there before 11 am with all visas safely tucked away in the passports. Still no indication why it was processed so quickly or accepted without an interview but Im not complaining.

Now its merely counting down the days before I go pick them up.

The interview may have been regarded as just being in person at the Embassy between 10am and 11am, it may have been as simple as a telephone call, an interview can be formal or informal. The interview is not mandatory "may"is the term they use.

You most probably had a good application. Your lucky day.

I thought about that as well but my wife said they just told her the details about the use of the visa ie. how long before the visa has to be used, etc and then sent her on her way.

Anyhow its all a done deal now

[fishhooks]

Good point about the 183 days David, I'll need to keep an eye on that, Ta, but I think we'll manage that.

sezzo, I must have seen your wife there, we were there between 1000 & 1100 as well and there weren't too many people.

One poor Thai lady was there without her husband and had trouble filling out a couple of forms, so I did for her.

My photo album was so big they couldn't pass it to me under the window in the room, so had to meet a lady in another room to get it back.

I think the personal statements and photos come into play in a big way for the application. The 3rd party things must be in there as well, but we were really lacking and have a quite big age difference to boot.

Edited March 15, 2008 by fishhooks

[fishhooks]

David; Is this 183 day figure spelled out anywhere in any of the Immi. literature.

As said, I don't see a problem at our end, but don't recall seeing this anywhere.

Maybe just "eye-tired'" been much reading, signing etc etc recently. Amazing how relieved one feels after all of it!

[david96]

David; Is this 183 day figure spelled out anywhere in any of the Immi. literature.

As said, I don't see a problem at our end, but don't recall seeing this anywhere.

Maybe just "eye-tired'" been much reading, signing etc etc recently. Amazing how relieved one feels after all of it!

That info came from the ATO website (for tax purposes). There is something in DIAC literature about the applicant intending to make Australia their permanent home, I would like to know more detail as I think a permanent visa holder has to reside in Australia for a specified time in Australia otherwise it may be lost. What happens if one goes to Thailand to live for 2 years after a permanent visa has been granted? Could you get an RRV when your permanent visa expires?

"you "in this context means the original applicant for a visa.

In other words you both return to Thailand to live after the visa is granted.

[fishhooks]

Interesting topic.

The temporary 2 year visa seems to indicate that the applicant may come & go as they please, but it would be more helpful if the various visa's had any conditions regarding 'feet on Oz soil' spelled out a bit more clearly.

I imagine the PR Visa after 2 years, would still have fairly strict conditions.

Aplogies if I've missed something somewhere, but I really feel "Visa'd" out for a while.

[zidaney]

Well done Sezzo and Fishhooks on getting the visas, well deserved.

I require my wife's documents such as birth certificate, house registration and our marriage certificate to be translated into english for the review tribunal. They won't accept my wife translating into english even though the consular certified them and the embassy accepted them for the spouse visa application. She resides in Southern Thailand and it's a long trip on her own, so I was wandering if there was anyone who knew how to find recognised translators outside of Bangkok, preferably in southern Thailand. My migration agent can translate them for us but my wife said the house registration needs to be used by other family members so she can't really send that away, also, sending original birth certificates etc is very risky.

If anyone can help it would be much appreciated.

Zidaney.

[david96]

Well done Sezzo and Fishhooks on getting the visas, well deserved.

I require my wife's documents such as birth certificate, house registration and our marriage certificate to be translated into english for the review tribunal. They won't accept my wife translating into english even though the consular certified them and the embassy accepted them for the spouse visa application. She resides in Southern Thailand and it's a long trip on her own, so I was wandering if there was anyone who knew how to find recognised translators outside of Bangkok, preferably in southern Thailand. My migration agent can translate them for us but my wife said the house registration needs to be used by other family members so she can't really send that away, also, sending original birth certificates etc is very risky.

If anyone can help it would be much appreciated.

Zidaney.

One method you may be able to use is to get your wife to send photocopies of the documents and have them translated by an accredited translator in Australia, check with your migration agent first. It is strange that the MRT do not accept the consular certified ones. DIAC accepted them in Bangkok.

[gburns57au]

I would be very surprised if photocopies would be acceptable for translating.....all translating would need to be from the originals I would think.

Zindaney....go to your local Amphur Office...If they dont have a recognised Translator they may know of one near your area.

It appears that the review tribunal want to see an accreditted or some sort of official stamp to verify a true translation....the consular stamps only verify a true copy.

This to me seems to be the requirement that is being asked for.

[david96]

I would be very surprised if photocopies would be acceptable for translating.....all translating would need to be from the originals I would think.

Zindaney....go to your local Amphur Office...If they dont have a recognised Translator they may know of one near your area.

It appears that the review tribunal want to see an accreditted or some sort of official stamp to verify a true translation....the consular stamps only verify a true copy.

This to me seems to be the requirement that is being asked for.

It would appear that the documents were not translated and accredited by a recognised translator in the first place.

(The DIAC file finishes up with the MRT in Australia). Makes it difficult if the sponsor is in Australia.

[gburns57au]

Makes it difficult if the sponsor is in Australia.

How do you reckon to that Dave ???

That would be a regular occurance methinks.

[david96]

Makes it difficult if the sponsor is in Australia.

How do you reckon to that Dave ???

That would be a regular occurance methinks.

It is a lot easier if the sponsor is in Thailand as he can make sure it is done according to Australian requirements, if originals are required for translations. When the MRT accepts the application they obtain the file on the case from DIAC in Bangkok for examination by a tribunal member, The tribunal is a legal body and it can set aside or affirm a DIAC decision. There may be provisions for alternative methods as the submission to the MRT is done by the sponsor and the applicant is in another country.

Make sure all mail is trackable for delivery purposes.

[zidaney]

Graham and David,

I'm currently in Oz and my wife is next to the Malaysian border (Hat Yai is the closest main town, about 1 1/2 hours away). She'd have to travel any distances on her own which I don't want her to do. As you both said she needs certified translations which require the original documents. She originally translated the documents as she has done english at uni and taught it so she's proficient in reading, writing and speaking english.

Our migration agent said "Translations cannot be done by an interested party such as the visa applicant, spouse etc. Translations must be done by a professional translator either in Thailand or in Australia. We can have the docs translated by an accredited translator in Sydney if you wish."

The only problem my wife has now made me aware of is that professional translators have incorrectly translated the spelling of her name in the past which can cause problems down the road at the MRT, even if minor.

The only problem with sending them to Oz for translations is the common use of the house registration by other family members and it is also used as a backup ID if you lose your birth certificate etc. I think i'll get her to send them here in Oz using FedEx. They've been fine to use before, but I am paranoid that they may get damaged or lost in transit.

Zidaney.

[gburns57au]

Makes it difficult if the sponsor is in Australia.

How do you reckon to that Dave ???

That would be a regular occurance methinks.

It is a lot easier if the sponsor is in Thailand as he can make sure it is done according to Australian requirements, if originals are required for translations. When the MRT accepts the application they obtain the file on the case from DIAC in Bangkok for examination by a tribunal member, The tribunal is a legal body and it can set aside or affirm a DIAC decision. There may be provisions for alternative methods as the submission to the MRT is done by the sponsor and the applicant is in another country.

Make sure all mail is trackable for delivery purposes.

All it needs is an official stamp stating it is a true translation.....a recognised translator would have this stamp and it makes the statement in English and Thai.

For overseas applications the sponsor may be able to lodge an appeal......So it would make sense that the sponsor would need to be in Oz....not stuck in Thailand checking stamps on papers.

If she cant get the documents translated in Thailand for whatever reason, then she needs to send the originals to Oz....This carries a big risk.....It would be far better for her to have the translations done in Thailand.....make several copies and have each of them certified and send one of them to Australia. If something goes amiss then she will have back ups.

[gburns57au]

The only problem my wife has now made me aware of is that professional translators have incorrectly translated the spelling of her name in the past which can cause problems down the road at the MRT, even if minor.

She can request that her name be spelt a certain way. she needs to write it down for them and then check the documents to ensure it has been spelt that way....It would need to be spelt the same way as is in her passport and original application.

[david96]

Makes it difficult if the sponsor is in Australia.

How do you reckon to that Dave ???

That would be a regular occurance methinks.

It is a lot easier if the sponsor is in Thailand as he can make sure it is done according to Australian requirements, if originals are required for translations. When the MRT accepts the application they obtain the file on the case from DIAC in Bangkok for examination by a tribunal member, The tribunal is a legal body and it can set aside or affirm a DIAC decision. There may be provisions for alternative methods as the submission to the MRT is done by the sponsor and the applicant is in another country.

Make sure all mail is trackable for delivery purposes.

All it needs is an official stamp stating it is a true translation.....a recognised translator would have this stamp and it makes the statement in English and Thai.

For overseas applications the sponsor may be able to lodge an appeal......So it would make sense that the sponsor would need to be in Oz....not stuck in Thailand checking stamps on papers.

If she cant get the documents translated in Thailand for whatever reason, then she needs to send the originals to Oz....This carries a big risk.....It would be far better for her to have the translations done in Thailand.....make several copies and have each of them certified and send one of them to Australia. If something goes amiss then she will have back ups.

When dealing with the MRT there are deadlines to meet, a submission must be received by the tribunal within 91 days of the date of the letter of refusal by DIAC by the applicant. These are calender days not working days. 21 of those days are allowed for the mailing of documents from overseas. Time is of the unmost importance. Mail can be sent by EMS which has to be signed for at a post office, 3 days Bangkok to Australian capital city, return the same. Always be able to track mail for delivery purposes.

In this case the sponsor submits documents to the MRT via a migration agent in Australia.

[zidaney]

The only problem my wife has now made me aware of is that professional translators have incorrectly translated the spelling of her name in the past which can cause problems down the road at the MRT, even if minor.

She can request that her name be spelt a certain way. she needs to write it down for them and then check the documents to ensure it has been spelt that way....It would need to be spelt the same way as is in her passport and original application.

Graham, thanks for that pointer, my wife thinks that might be a good option. I've told my wife to organise a translator in Thailand and ensure she reads their translation and make sure she's happy with the spelling. She just needs to find one close to her town, that will be the fun part.

David,

Our migration agent has already informed the MRT of the appeal so the countdown of roughly 6 months has begun. So it isn't too much of a rush to send the documents over, having said that my wife just sent 99% of the documents she received back from the embassy via EMS to our agent so it's only the document translations she needs to have done so they can be sent to the agent aswell.

[david96]

The only problem my wife has now made me aware of is that professional translators have incorrectly translated the spelling of her name in the past which can cause problems down the road at the MRT, even if minor.

She can request that her name be spelt a certain way. she needs to write it down for them and then check the documents to ensure it has been spelt that way....It would need to be spelt the same way as is in her passport and original application.

Graham, thanks for that pointer, my wife thinks that might be a good option. I've told my wife to organise a translator in Thailand and ensure she reads their translation and make sure she's happy with the spelling. She just needs to find one close to her town, that will be the fun part.

David,

Our migration agent has already informed the MRT of the appeal so the countdown of roughly 6 months has begun. So it isn't too much of a rush to send the documents over, having said that my wife just sent 99% of the documents she received back from the embassy via EMS to our agent so it's only the document translations she needs to have done so they can be sent to the agent aswell.

The time limit is in this link to the MRT.

http://www.mrt-rrt.gov.au/docs/forms/mrt/M1AppReview.pdf

page 2 para 1.

http://www.mrt-rrt.gov.au/docs/factsheets/...M10Brochure.pdf

Table 2.

Edited March 20, 2008 by david96

[zidaney]

Thanks for those handy links David,

I've paid for the review fee and the agent has submitted our case to be reviewed already. Now it's just a matter of our agent looking through the application we originally submitted to the embassy and seeing what else we can add for the review of the case. I'll be going back to Thailand shortly so we'll be getting more evidence to add to our case.

Zidaney.

[fishhooks]

Good luck with everything zidaney, have been thinking of you and wife, all the extra re-documentation seems quite ridiculous. One would think that all you presented originally should suffice together with whatever you may need to add.

My wife and I flew out of BKK by JetStar last Thursday night, arriving Melbourne 1000 Good Friday.

Immigration & Customs were great and welcoming which gave us a really nice feeling.

Today went to Medicare, also nice lady.

Hope all goes well for you ASAP and again thanks to all here.

[fishhooks]

David;

Did you happen to come across any further literature etc on the time periods one must have feet on Australian soil when under these two visa's to do with Spouse. (Temp & Permanent)?

[david96]

David;

Did you happen to come across any further literature etc on the time periods one must have feet on Australian soil when under these two visa's to do with Spouse. (Temp & Permanent)?

For the 309/100 visa.

http://www.immi.gov.au/migrants/partners/s...9-100/index.htm

This visa allows you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner:

on a temporary visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa)

on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

This might help you fishhooks.

[fishhooks]

Thanks for that, I was mainly referring though to what we were discussing a few weeks back re if you depart these shores for periods say back in Thailand, they may consider that you are not seriously intending to make Australia your permanent place of residence!

I think the tax laws are fairly clear, but the Immigration view is not really spelled out, I don't think?

Obviously after your Spouse obtains Citizenship (if wanted), she is in the same boat as us!

[david96]

Thanks for that, I was mainly referring though to what we were discussing a few weeks back re if you depart these shores for periods say back in Thailand, they may consider that you are not seriously intending to make Australia your permanent place of residence!

I think the tax laws are fairly clear, but the Immigration view is not really spelled out, I don't think?

Obviously after your Spouse obtains Citizenship (if wanted), she is in the same boat as us!

Yes fishhooks DIAC is vague on the subject, I understand it to mean that the applicant intends to make Australia their permanent home, but they do not state how long one can stay out of Australia before permanent residency is lost.

People have lost residency in the past by staying away from Australia too long. No problem if you never leave Australia.

That is why most people get Australian citizenship as soon as possible.

[wilbur4343]

Good luck with everything zidaney, have been thinking of you and wife, all the extra re-documentation seems quite ridiculous. One would think that all you presented originally should suffice together with whatever you may need to add.

My wife and I flew out of BKK by JetStar last Thursday night, arriving Melbourne 1000 Good Friday.

Immigration & Customs were great and welcoming which gave us a really nice feeling.

Today went to Medicare, also nice lady.

Hope all goes well for you ASAP and again thanks to all here.

Thanks for all the help people. Not one to post many entries but keep eye on posts.

My partner has just received notification of grant of visa for her and three children. Just over 6 months since we applied. Had some issues with medical information for children. Very hard waiting, not experienced the mental stress it causes before, surely tests the relationship. Anyway now we move forward.

Partner has been to Australia last year, Perth.

Since then my employment has moved me from Perth to country Victoria, Gippsland. Fishooks seeing as your post mentions flying to Melbourne thought i might post a couple of question to you.

Flying Jetstar what are the stopovers?

Beside Thai is there any other airline flying direct Bangkok - Melbourne.

Also anyone in Victoria give me information on the closest Asian supermarket to Morwell/Traralgon area. I presume there is plenty in Dandenong/Springvale. Is there any on the Princess Highway between Dandenong and Morwell.

New Thai family arrives 2nd May.

Anyone had experience putting thai children into school where there is little non english speaking children.

Thanks for any help.

[sezzo]

Wilbur,

Firstly congrats on getting the visa approved. Although mine was a lot easier process than yours it was still a huge relief when it is approved.

I am travelling over to Thailand next month with Jetstar from Melbourne to pick up my family. I found this to be the cheapest option as I have bought one way tickets for the wife and kids. Jetstar seem to set their price by each leg rather than a round trip. There are no stopovers between BKK and Melbourne. There are plenty of airlines that fly BKK - Melbourne. Just do a search on Webjet.com.au or ask your travel agent.

In relation to the school situation I am putting my kids into school in NSW or ACT depending on the job situation. I rang up the NSW education dept section that deals with kids from a non english speaking country. They were most helpful in steering me in the right direction for organising schooling with a ESL (English Second Language) program.

Good luck as Im sure there are a million things going through your mind at the moment.

[gburns57au]

Thanks for that, I was mainly referring though to what we were discussing a few weeks back re if you depart these shores for periods say back in Thailand, they may consider that you are not seriously intending to make Australia your permanent place of residence!

I think the tax laws are fairly clear, but the Immigration view is not really spelled out, I don't think?

Obviously after your Spouse obtains Citizenship (if wanted), she is in the same boat as us!

Yes fishhooks DIAC is vague on the subject, I understand it to mean that the applicant intends to make Australia their permanent home, but they do not state how long one can stay out of Australia before permanent residency is lost.

People have lost residency in the past by staying away from Australia too long. No problem if you never leave Australia.

That is why most people get Australian citizenship as soon as possible.

On a Temporary visa you can travel as much as you wish until a decision is made on the Permanant visa.....

On a permanant visa you can travel as much as you want, after the visa expires a resident return visa will be required....

There doesnt appear to be any restrictions on "feet on soil"......You may not even have to be in Oz for the grant of the PV. However questions maybe asked as to why the PV is required if you are not intending to live here.

I suggest that you contact DIAC for more detailed information.

However once the PV is granted and after it expires you will be bound by the conditions of the resident return visa if you wish to travel.

I think it is speculative to say that people get citizenship to avoid losing their PV for staying away too long. Once the PV is granted it takes a fair bit to lose it.

[david96]

Thanks for that, I was mainly referring though to what we were discussing a few weeks back re if you depart these shores for periods say back in Thailand, they may consider that you are not seriously intending to make Australia your permanent place of residence!

I think the tax laws are fairly clear, but the Immigration view is not really spelled out, I don't think?

Obviously after your Spouse obtains Citizenship (if wanted), she is in the same boat as us!

Yes fishhooks DIAC is vague on the subject, I understand it to mean that the applicant intends to make Australia their permanent home, but they do not state how long one can stay out of Australia before permanent residency is lost.

People have lost residency in the past by staying away from Australia too long. No problem if you never leave Australia.

That is why most people get Australian citizenship as soon as possible.

On a Temporary visa you can travel as much as you wish until a decision is made on the Permanant visa.....

On a permanant visa you can travel as much as you want, after the visa expires a resident return visa will be required....

There doesnt appear to be any restrictions on "feet on soil"......You may not even have to be in Oz for the grant of the PV. However questions maybe asked as to why the PV is required if you are not intending to live here.

I suggest that you contact DIAC for more detailed information.

However once the PV is granted and after it expires you will be bound by the conditions of the resident return visa if you wish to travel.

I think it is speculative to say that people get citizenship to avoid losing their PV for staying away too long. Once the PV is granted it takes a fair bit to lose it.

If you do not intend to ever leave Australia the permanent visa is indefinate even after the expiry date. However if you go overseas after five years you must obtain an RRV (that is if you have not obtained Australian citizenship and an Australian passport) before you leave Australia and have it affixed in your foreign passport. RRVs are available for various time periods. DIAC have information on their website.

I know of a UK citizen living in Thailand who lost his PR status after 20 years, he stayed more than 5 years outside Australia his RRV was refused as he no longer had connections with Australia. That was in 1998.