i can apply for spouse visa in Australia for my wife or not? Now, she got tourist visa in Australia and we get married in Thailand 1 year ago. Moreover my wife pregnant now 7 months so can we have fast choise to apply ? we don't have much money now bec. i will settle in Australia so i run business now about fixing boat and car that why we don't have money now and we have to spend money for daily staff as well. Any one think can we get the spouse visa here? can i show about business registeration and bank statement that not much money in there now, Can i ask my brother to write the letter for support us? or Do you think just i show about business. i don't have tax statement last one when i work in Queensland. i didn't keep it and i went back to NZ one year all time i stay in Australia. Now i have payslips which i just off from this company can i sent this to immigration? or There are something we should do. Pls help us to pass the tough time! TONY

i can apply for spouse visa in Australia for my wife or not? Now, she got tourist visa in Australia and we get married in Thailand 1 year ago. Moreover my wife pregnant now 7 months so can we have fast choise to apply ? we don't have much money now bec. i will settle in Australia so i run business now about fixing boat and car that why we don't have money now and we have to spend money for daily staff as well. Any one think can we get the spouse visa here? can i show about business registeration and bank statement that not much money in there now, Can i ask my brother to write the letter for support us? or Do you think just i show about business. i don't have tax statement last one when i work in Queensland. i didn't keep it and i went back to NZ one year all time i stay in Australia. Now i have payslips which i just off from this company can i sent this to immigration? or There are something we should do. Pls help us to pass the tough time! TONY

Tony

Firstly, as a New Zealand citizen, you must an ‘Eligible New Zealand Citizen’ to be able to sponsor your wife for a Spouse visa.

If your wife’s visa has Condition 8503 (no further stay) attached, then in the absence of having that condition waived, your wife will not be able to apply for another visa whilst she remains in Australia. Her only other option is to return to Thailand and make application there.

Have a look at your wife’s visa label in her passport. It will show whether her visa has Condition 8503 attached. Keep in mind though, that if your wife is on a Subclass 679 Sponsored Family Visitor visa, it is mandatory requirement that Condition 8503 be attached.

Condition 8503 can only be waived where ‘compelling and compassionate circumstances have developed over which the visa holder had no control, and that resulted in a major change to their circumstances’. Pregnancy in itself would not be grounds for a waiver. If your wife was pregnant at the time her visa was granted she would not satisfy the ‘changed circumstances’ criterion for a waiver.

If your wife is able to apply for a Spouse visa, whether in Australia or overseas, you must also be assessed to be an eligible sponsor. Part of that eligibility requires that you are able to provide adequate accommodation and financial assistance to meet your wife’s living needs. This obligation also extends to dependent children. The DIAC will assess your eligibility from the information (financial, employment etc) that you supply within the form 40SP (Sponsorship form) that must be submitted with her application 47SP (Application for migration to Australia by a partner).

Hope this helps

bridge

i can apply for spouse visa in Australia for my wife or not? Now, she got tourist visa in Australia and we get married in Thailand 1 year ago. Moreover my wife pregnant now 7 months so can we have fast choise to apply ? we don't have much money now bec. i will settle in Australia so i run business now about fixing boat and car that why we don't have money now and we have to spend money for daily staff as well. Any one think can we get the spouse visa here? can i show about business registeration and bank statement that not much money in there now, Can i ask my brother to write the letter for support us? or Do you think just i show about business. i don't have tax statement last one when i work in Queensland. i didn't keep it and i went back to NZ one year all time i stay in Australia. Now i have payslips which i just off from this company can i sent this to immigration? or There are something we should do. Pls help us to pass the tough time! TONY

Tony

Firstly, as a New Zealand citizen, you must an 'Eligible New Zealand Citizen' to be able to sponsor your wife for a Spouse visa.

If your wife's visa has Condition 8503 (no further stay) attached, then in the absence of having that condition waived, your wife will not be able to apply for another visa whilst she remains in Australia. Her only other option is to return to Thailand and make application there.

Have a look at your wife's visa label in her passport. It will show whether her visa has Condition 8503 attached. Keep in mind though, that if your wife is on a Subclass 679 Sponsored Family Visitor visa, it is mandatory requirement that Condition 8503 be attached.

Condition 8503 can only be waived where 'compelling and compassionate circumstances have developed over which the visa holder had no control, and that resulted in a major change to their circumstances'. Pregnancy in itself would not be grounds for a waiver. If your wife was pregnant at the time her visa was granted she would not satisfy the 'changed circumstances' criterion for a waiver.

If your wife is able to apply for a Spouse visa, whether in Australia or overseas, you must also be assessed to be an eligible sponsor. Part of that eligibility requires that you are able to provide adequate accommodation and financial assistance to meet your wife's living needs. This obligation also extends to dependent children. The DIAC will assess your eligibility from the information (financial, employment etc) that you supply within the form 40SP (Sponsorship form) that must be submitted with her application 47SP (Application for migration to Australia by a partner).

Hope this helps

bridge

Thank you Bridge i feel better thanks lot for reply and let me know a lot of things. i called to immigration but they said i have to have PR here first i can sponser my wife and she not attached 8503 as well i just check it today. i quit confused with system here. My mom will send the document to change her house put on my name. i hope should be ok for sponser her. The problem now i don't know which visa i should do

1. i can apply for spouse visa for here or not because imm. officer said i don't have PR here

2. i can apply for PR first ? business?

Pls. help

Tony

You will ONLY be eligible to sponsor your wife for a Spouse visa if you are one of the following:

An Australian citizen;

An Australian permanent resident; or

An eligible New Zealand citizen.

From your last post, I am inferring that you are not an eligible New Zealand citizen and that you are currently in Australia on a Special Category (subclass 444) visa (“SCV”). That being the case, you might want to explore the option of a New Zealand Family Relationship (subclass 461) visa for your wife. In short, this visa allows non-New Zealand citizens to travel to and live in Australia with a New a Zealand citizen family member who holds a SCV. This is a temporary visa and it is valid for up to five years. This visa can be applied for in Australia and overseas.

Regards

bridge