Australia, Come & Go Policy For 2 Year Temporary Spouse Visa

[fishhooks]

Re Visa holders in the above category awaiting PR, my wife heard a rumor that if we were to go back to Thailand for 2 months or more, Immigration require another Medical and Police clearance on coming back to Australia for her.

Is this so?

Not a huge issue, apart from the running around, but wondering if anyone else has experienced this.

[Livinginexile]

Hi Fishhooks

I am afraid it is true. My wife and I are trying to get her second stage visa completed in Thailand, one of the requirements is another police and medical check.

We applied to have her file transfered to Bangkok for processing but have heard nothing from them for nearly a month.

Anyone else out there had their second stage spouse visa application assesed in Thailand?

[sezzo]

Fishhooks,

From previous posts from another thread earlier this year about spouse visa I am assuming that you and your wife got your spouse visa approved. I heard that the waiting period for PR is 4 years thanks to Howard changing it last year. Is this correct.

Just querying your thread title about 2 year visa.

[bdenner]

Re Visa holders in the above category awaiting PR, my wife heard a rumor that if we were to go back to Thailand for 2 months or more, Immigration require another Medical and Police clearance on coming back to Australia for her.

Is this so?

Not a huge issue, apart from the running around, but wondering if anyone else has experienced this.

We only spent a total of about 3 months in Aus during the 2 year TR period. To get PR, which was rubber stamped in Perth, TW had to get another Thai Police Clearance and an Australian Police Clearance that was some 4 years ago and I'm sure another medical was not required.

We will have a problem next year as the 5 year PR will expire and under the current rules we will have to apply for a Residence Return Visa for her and her daughter. We now only spend about a month a year down there, so the only thing that may convince them to issue the RRV is that she has quite a bit of money invested there.

If it turns out to that we have to return to the visitors visa I'm not overly concerned. We definitely have no intention of moving perminantly there. This was stated clearly on our PR application.

[fishhooks]

We only intend to go back to Thailand, now and again. Thus at any time we may go for say, anything around 2 to 3 months.

Considering if we go with this plan, I don't understand whilst we are only going back for holidays and to visit wife's family, there should be a need to re-do Police and Health checks.

We are about 8 months into the probationary period and if we only spend a couple or few months in Thailand, just what another Police check proves to anyone!

Okay, if Immigration want to check if my wifes health has deteriated during a short Thai holiday so be it, but where's the point?

AND do we need to visit Immigration in Australia, prior to any visit back to Thailand and spell out our "duration away" intentions.

During this probationary period, does my wife need to get her passport stamped with a return visa, to be able to come back here?

Further, if the Police and Health checks are necessary prior to any return here, do we go the the Australian Embassy in Thailand to get sorted out, or as my wifes application is now in Australian Imm. hands, does everything need to be actioned at this end.

Sorry for the drawn out testimonial, but maybe the answers to these questions may help others who are in the position of being able to go back to the LOS at times and spend up to a few months there. I think it necessary and agree that it is important to let Immigration know where we are during all of this Spouse Visa processing, but these checks really do not give an impression of being free to come and go!

sezzo; I don't know of any changes or durations of processing, as far as we are concerned, whatever times apply aren't really of any concern.

We have no fear of any hiccup as far as the outcome is concerned, but as I'm retired, just want to come and go without complicated procedures that don't seem to add-up.

Perhaps there are others here on T.V. that have had experiences which dictate that all of this extra running around is justified.

God knows, we all had enough of tramping around Bangkok months back to get a starting point!

Edited September 25, 2008 by fishhooks

[bdenner]

Just had a look through our paper work. There was definitely a requirement for both Thai and Aust police certs AND 3 stat decs from friends saying that we were still an item, BUT no second medical. I'm sure a quick search of the Immigration web site will clarify things, your still fully entitled to email or your case officer for advise.

We had initially applied for TR in BKK but were told we could do the PR application at either end and decided to do it in Perth as we were going to be there when it was due. No problem, they just assigned us a new case officer there.

You do have a private life and don't have to for tell them anything as to your holiday intentions. You and/or your wife are free to come and go whenever you like without contacting them or having any further visa issues. We did it many times during the two year period.

[fishhooks]

Thanks bdenner;

I think though you may have had to come up with a few more requirements because as you say you only spent about 3 months in Australia during the probationary period.

I'm talking about 2 - 3 month holidays back in Thailand whilst we are firmly implanted here in Oz.

I'm not far from one of the main Immigration Centres here (Dandenong) so I think I'll drag myself along and have a 'chat'

All good info though, I know they often ask for Stat Decs re the state of the continuing relationship.

[fishhooks]

Went to Immigration Today.

Had an interview with a nice guy. He said there is no hard and fast requirement re travelling away, but as a rule of thumb, away for 60 days, get another Police Report and if away for 90 days, another health check as well.

He said best idea is to phone Immigration just prior to going away, give an approximate idea of the time away and leave contact details. He also said if they have any extra requirements they should let us know at that time before leaving here.

No need to go anywhere near Australian Immigration in Bangkok, as the case is now here.

[gburns57au]

Been watching this with interest....hadnt come across it before....

Thanks for the information Fishhooks

[Aussietraveller]

Thanks for the info fishhooks.

We are considering a trip back to LOS next year, and had planned to stay several months.

Looks like we may make it just under 2 months.

[fishhooks]

I guess it really depends on just how long you "desire" to stay away.

In my case and retired, one needs to weigh up the day to day living costs in Thailand versus living in Oz.

Of course during this probationary period it is wise to have Immigration believe that you and Spouse want to primarily live in Australia, but really it should be none of their business.

If your Spouse is entitled to get PR based on her marriage to you, that's all that should matter!

It's the same at the other end with me having a Retirement Visa in Thailand. As long as I keep Thai Immigration informed of my movements and contact details, I believe I have no complications. (Apart from the need to keep a hefty sum in a Thai Bank around each 12 month renewal.

Look, even if you want to spend a few months or more in Thailand, just give AUS Immigration a call, or drop in and see them before you go.

I like the drop-in approach. Get the reps name who you speak to, record the date and time and whatever advice they give you, stick to it.

If they want you to come back with another Character Ref., that's free and if they want a Medical, probably a couple of thou Baht.

Weigh the cost of this up with whatever time you want to spend in the LOS!

[HUTCHY07]

Fishhooks,

From previous posts from another thread earlier this year about spouse visa I am assuming that you and your wife got your spouse visa approved. I heard that the waiting period for PR is 4 years thanks to Howard changing it last year. Is this correct.

Just querying your thread title about 2 year visa.

2 years for PR 4 years for citizen

[fred2007]

Just had a look through our paper work. There was definitely a requirement for both Thai and Aust police certs AND 3 stat decs from friends saying that we were still an item, BUT no second medical. I'm sure a quick search of the Immigration web site will clarify things, your still fully entitled to email or your case officer for advise.

We had initially applied for TR in BKK but were told we could do the PR application at either end and decided to do it in Perth as we were going to be there when it was due. No problem, they just assigned us a new case officer there.

You do have a private life and don't have to for tell them anything as to your holiday intentions. You and/or your wife are free to come and go whenever you like without contacting them or having any further visa issues. We did it many times during the two year period.

by rights you should contact them we did it the first time but after that we just went a few times without informing any body and never got in to trouble

[Sporting Dog]

I am looking at the paperwork for changing the TR to PR...we are putting ours in tomorrow in Perth.

Qu2. Have you returned to a country for an accumulative period of more than two months since you obtained the initial clearance?

No - no new overseas police checks needed.

Yes - You may need to provide a new overseas police check. Your case officer will advise if a new one is needed.

Qu3. Have you developed any significant medical condition since the grant of your temporary Partner visa?

No

Yes - case officer will advise if new health checks are needed.

And we only need to put in 2 stat decs from third parties as evidence of ongoing relationship. 2 years after gettingthe TR.

Edited October 7, 2008 by Sporting Dog

[MintyAussie]

So after reading the previous posts, it seems the consensus is to notify immi of your movements if you intend to be out of Oz for longer than 2 months.

Cheers

[fishhooks]

Someone may correct me, but I seem to remember reading that Australian Immigration need to be able to contact you (Wife) at any time, so excepting in the case of a few days away from home, say interstate, I think it would be prudent to notify them at 'any' time you leave these shores.

Play it safe, I reckon.

[Goinghomesoon]

Current Spouse Migration booklet says you have to notify DIAC if your residential location changes for longer than 14 days.

[fishhooks]

I thought that's where I read it

[bridge]

Second Stage Processing of PR Spouse visas

Before the PR spouse visa is granted the applicants must demonstrate that they continue to meet the definition of a spouse as per their TR visa. This is a fresh assessment, based on the evidence before DIAC. The assessment may be done by interviewing both partners and/or examining relevant documentation.

Health Criteria

Under current DIAC policy applicants are not required to update health clearances unless there is reason to believe that the applicant may no longer satisfy the health requirement or adverse information has come to the attention of DIAC. However, if the application is being processed, assessed and finalised at an overseas post and the original health clearance had limited validity, fresh clearances are required.

Character Criteria

Under current DIAC policy character (police) checks that were undertaken for the TR visa do not need to be updated unless the applicant has resided in an overseas country for 12 months or more since the TR visa was granted or there is reason to believe that the applicant’s previous overseas checks were not accurate.

An AFP check is required if the applicant has been residing in Australia for more than 12 months at any time since the TR visa was granted. (it is expected, therefore, that, in most cases, an AFP check will be required)

Regards

Bridge

[fishhooks]

Interesting about the AFP check prior to the granting of PR, hadn't seen that one before.

Re the original post in this topic, I telephoned Immigration today to inform that Wife and I will be departing for a holiday in Thailand this month, possibly for up to a few months.

No need to have any further health or Police checks either in Thailand or here on our return.

Only need to inform them if leaving the country around the time of the grant of the Permanent Visa!

There seems to be several opinions around, even on the Thai Spouse type Forums, that extra health or Police checks are required following a prolonged holiday, during 309 Visa.

Not so according to "Mr Immigration" at 1100 Melbourne time today!

*********An AFP check is required if the applicant has been residing in Australia for more than 12 months at any time since the TR visa was granted. (it is expected, therefore, that, in most cases, an AFP check will be required)********** from bridge

Anyone with experience of this, I can understand it should the Spouse travel out of Australia for 12 months+, but if they are mainly here during the Temporary Visa, it seems unusual to me?

Edited December 1, 2008 by fishhooks

[Sporting Dog]

We had to provide an AFP clearance for our PR which is currently being processed.

Fill out the form, send a cheque and they do the rest.

[bridge]

I hope this clears it up for everyone. Please note however, that the following information relates to the further character checks that may be required (if any) before the grant of permanent residency. It does not relate to the character checks that were required for the temporary partner visa.

Overseas character checks that were undertaken for the temporary partner visa do not need to be updated unless the applicant has resided in an overseas country for 12 months or more since the temporary partner visa was granted or there is reason to believe that the applicant’s previous overseas checks were not accurate.

An Australian Federal Police (AFP) check is required if the applicant has been residing in Australia for more than 12 months at any time since the temporary partner visa was granted.

Reference: DIAC Procedures Advice Manual 3 (PAMS3)

Regards

bridge

[fishhooks]

Hi bridge,

Well partly clear!

So this Oz AFP clearance virtually applies to all here on the 309 Visa, assuming they will all spend at least 12 months on this soil during their 2 year temporary stay.

I was married to a Chinese National some time back, we had much more time here than 12 months during her temporary visa and she never had to have this clearance.

Not that this is any hassle, but for memory is fairly expensive, I remember I had to get one when I was considering a Thai Retirement Visa, applied for on this side of the fence.

[bridge]

Hi bridge,

Well partly clear!

So this Oz AFP clearance virtually applies to all here on the 309 Visa, assuming they will all spend at least 12 months on this soil during their 2 year temporary stay.

I was married to a Chinese National some time back, we had much more time here than 12 months during her temporary visa and she never had to have this clearance.

Not that this is any hassle, but for memory is fairly expensive, I remember I had to get one when I was considering a Thai Retirement Visa, applied for on this side of the fence.

Hi Fishooks,

As you would be aware, applying for a spouse visa is a two-part process, temporary residency (“TR”) followed by permanent residency (“PR”) after 2 years (subject to a few exceptions where PR can be granted earlier).

Onshore Application Stages : subclass 820 TR then subclass 801 PR

Offshore Application Stages : subclass 309 TR then subclass 100 PR

Spouse visa applicants however apply for both the temporary and the permanent visas at the same time. A determination however is not made on the PR visa until 2 years have passed. The DIAC delegate who determines the PR visa (2 years later) has to be satisfied that the applicant continues to pass the character test which forms part of the public interest criteria of the permanent residency visa.

It is current DIAC policy that states when additional police checks (if any) are required. What I have stated in my previous post is current DIAC policy according to the DIAC Procedures Advice Manual (Commonly referred to as PAMS3). Ultimately it will come down to whether the DIAC delegate requests the further police checks on the information available before him and with reference to PAMS3.

Hope this helps.

Regards

bridge

[Sporting Dog]

Not that this is any hassle, but for memory is fairly expensive, I remember I had to get one when I was considering a Thai Retirement Visa, applied for on this side of the fence.

AUD 34.00 I think - it was about two months ago we sent it. Immigration Dept included the form when they sent us out the PR forms. The AFP clearance thing has not in any way been a problem, hassle or nightmare.

In fact dealing with Immigration has been great - I've spoken to the case manager twice, and she's been nothing but helpful and positive. We are getting my wife's daughter added to the visa application (even at this late stage they agreed to it). The whole process has been much easier than the original spouse visa application done in BKK.

[fishhooks]

Quite agree on the Imm Dept., we've had fantastic service all round, both in Bangkok and here so-far.

The Police check I got when I was going to do the Thai O-A Retirement Visa, cost A$123.40. That included Victoria Police and I think AFP as it went through Canberra.

So maybe Immigration doesn't need the Local Police one?

BTW: How does one find you're local Case Officer, no need to, but I just wondered if you wanted or needed to?

Of no consequence, but we have not had any contact from local authorities as yet.

Edited December 4, 2008 by fishhooks

[Sporting Dog]

Just AFP, local not required.

Case officer was stated on the initial PR correspondence letter - name, case# and contact details. We had no correspondence with Immi until the PR application came up.

Edited December 4, 2008 by Sporting Dog