Marriage Visa For Australia

[myauq]

Hi everyone,

I've lived with my GF for about 2 years in Thailand and Burma. She is Burmese and I am Australian. At the moment we live in Thailand and I'd like us both to go back to Australia to live, whichever way is most convenient.

I got some legal advice back in Australia 2 years ago, and since then we've started to collect photos, letters from friends, rent receipts, bank statements and the like. We were initially going to apply for the spouse visa, but it seems like the marriage visa is much less hassle.

What is the proceedure for the marriage visa - i.e. can we apply whilst in the LOS, and then travel back to Australia together once it is granted? I'm guessing it would help if we got married here in Bangkok first, with family members friends as witnesses, in an officially recognised way with the Aust Embassy.

However, I've also heard that it might be possible for my GF to travel to Australia on a student visa. I can sponsor her, but if we get married in Australia on that visa would that make her eligible to stay and gain residency later on? If so, would she have to go out of the country in order to change visa status?

Also, if we are going to apply for the marriage visa is there a minimum amount of money I need to show in my bank to demonstrate I can support us both financially? Likewise, is it better to come back to Australia with a job already waiting, and then apply for the visa whilst she is in Thailand?

To add to all this is another issue. It is difficult for my GF to go back to Burma to obtain some of the documentation she needs for the application (police clearance, medical history), as if she travels back to her home she may not be allowed to come back here (even though she left legally and still has her passport). That effectively makes her a refugee. I'm aware that she can apply for refugee status, and whilst that option may be available I don't want to pursue it if it means complicating and delaying our plans to travel down under (even though it means paying for her visa, and having to deal with annoying Thai authorities whilst she is here (i.e. not being able to work)).

Any advice would be very welcome

[ubonjoe]

Moved to here.

[bridge]

Hi Myaug,

You have certainly covered a multitude of issues, covering several different visa subclasses: prospective marriage, spouse, student and refugee. Not to mention several different scenarios.

A proper assessment can really only be undertaken after a detailed examination of both you and your partner’s personal circumstances. I do not recommend what you have suggested with regards to a student visa. There are far too many reasons to list as to why that would not be a realistic option.

Further, I would not even attempt to give any information or advice with the regards to a protection visa without at least having some knowledge of the applicant’s personal circumstances.

Marriage Visa

A marriage visa (Prospective Marriage - subclass 300 Visa) can only be applied for offshore, that is, not in Australia. Once granted, it would permit your partner to travel to, enter and remain in Australia for nine months from the date of grant. During this time both you and your partner must marry. Once married, your partner would then have to apply for a spouse visa in Australia. Firstly a subclass 820 temporary spouse visa followed by the subclass 801 permanent spouse visa. Both the 820/801 visas are applied for at the same time however. If your relationship is still continuing after two years, your partner will be granted Australian permanent residency.

Married in Thailand

If you get married in Thailand, or you are relying on being in a de facto relationship, then the appropriate visa would be a subclass 309 temporary spouse visa. Once granted, it would allow your partner to travel to, enter and remain in Australia, usually for two years until a determination is made on the subclass 100 permanent spouse visa. Again, both the 309/100 visas are applied for at the same time. If your relationship is still continuing after two years, your partner will be granted Australian permanent residency.

Sponsorship Requirements

As a sponsor for a partner visa you undertake particular obligations in relation to your partner (The spouse visa applicant). In short, your obligations are to assist your partner, to the extent necessary, financially and in relation to the provision of accommodation. This obligation generally extends for two years until her permanent residency spouse visa is granted.

In assessing whether or not to approve a sponsorship, consideration is given to your entire circumstances, and whether those circumstances indicate an ability to comply with the sponsorship obligations.

The assessment of your eligibility is based on the following policy guidelines:

1. Your proposed accommodation arrangements;

2. The financial and employment standing of you and your wife;

3. The availability and adequacy of the accommodation;

4. Your ability to assist your wife and secondary applicants financially if that were to become necessary.

A judgment of a sponsor's ability to fulfill this undertaking is generally taken on the face of the information provided. If the DIAC decision maker has any doubts. In addition to interviewing the sponsor, the decision maker may ask the sponsor to provide documentation covering:

Their last income tax assessment;

Their current pay slips or other satisfactory evidence of alternative income;

Evidence of major assets, including bank or similar accounts, details of real estate/motor vehicle ownership;

Confirmation of liabilities, such as mortgage repayments, rent, hire purchase, credit card repayments etc;

Any other evidence that may help their ability to meet their undertaking;

Even a sponsor who is unemployed or a pensioner may still meet the sponsorship provisions. The Migration Regulations do not require a minimum level of income or minimum requirements for accommodation. Rather, the decision-maker assesses the sponsor’s ability to assist their partner (and the extent their partner is likely to need assistance) for their first two years in Australia after the grant of the visa. It may be that support available from the sponsor’s family will assist decision-makers in determining this (eg. The couple may intend to live with the sponsor’s parents).

If the sponsor of a partner visa applicants is unable to provide evidence of viable means to support their partner, their application for sponsorship may be refused. In most cases however, decision makers are encouraged to instead choose to request a Discretionary Assurance of Support (AoS). An AoS is a legal undertaking by one or more Australian residents to repay the Australian Government the value of any specified welfare payments made while the AoS is in force, generally for 2 years.

Please feel free to contact me by PM or through my website if you require any further information or assistance.

Regards

bridge

Australian Registered Migration Agent

[jtp]

http://www.immi.gov.au/migrants/partners/s...y-married.htm#b

[jtp]

Mate,if you or a family member can cover the financial side of a visa application,any visa will work(Except a tourist visa,because you can be sure it will have a "No further stay permitted" stamp.An Australian citizen is always able to be a sponsor,provided you don't owe bucket loads of money to the government,or have sponsored 2 people within the last 5 years.And if refused for any reason,you have the right to appeal.It is not as daunting as it looks(The process),i wish you luck. And i imagine you have it pretty much covered,pictures,phone bills, etc.But getting married(Officially)is a good look in the eyes of Aussie immigration.

[myauq]

Hey tritex and bridge,

Thanks for your help and encouragement.

It sounds like the marriage visa is the best way to go about things. However, I've just got one extra variable to throw into the mix...

I'm not sure if I will be staying in Thailand, working overseas (outside Australia) or back in Australia at the moment. If I apply for the visa, and have it approved and granted, how long will it be valid for? And how long do marriage or spouse visas usually take to process?

For example, if I were offered a job in Malaysia or Vietnam next week I think my GF could obtain a spouse visa through my work permit/visa, in which case we could continue to live together in either of those countries. However, if we apply for the Australian marriage visa at the same time, I'm guessing that we'd be required to move back to Australia within a specified time-frame once the visa has been granted in order to fullfil the visa requirements. Is this right?

Also, as I don't want her to go back to Myanmar will it be possible to get the whole thing sorted whilst she is living outside of her country of citizenship?

Thanks again,

M

[bridge]

Mate,if you or a family member can cover the financial side of a visa application,any visa will work(Except a tourist visa,because you can be sure it will have a "No further stay permitted" stamp.An Australian citizen is always able to be a sponsor,provided you don't owe bucket loads of money to the government,or have sponsored 2 people within the last 5 years.And if refused for any reason,you have the right to appeal.It is not as daunting as it looks(The process),i wish you luck. And i imagine you have it pretty much covered,pictures,phone bills, etc.But getting married(Officially)is a good look in the eyes of Aussie immigration.

Tritex,

With respect, that is not correct. Similar 'no further stay' conditions that may be imposed on a tourist visa (Condition 8503) can also be imposed on a student visa, Conditions 8534 and 8535 for example. In some circumstances it is mandatory to impose a no further stay condition where the applicant is from an Assessment Level 3 country, of which Burma is for all student visa subclasses.

Regards

bridge

Edited February 3, 2009 by bridge

[jtp]

Mate,if you or a family member can cover the financial side of a visa application,any visa will work(Except a tourist visa,because you can be sure it will have a "No further stay permitted" stamp.An Australian citizen is always able to be a sponsor,provided you don't owe bucket loads of money to the government,or have sponsored 2 people within the last 5 years.And if refused for any reason,you have the right to appeal.It is not as daunting as it looks(The process),i wish you luck. And i imagine you have it pretty much covered,pictures,phone bills, etc.But getting married(Officially)is a good look in the eyes of Aussie immigration.

Tritex,

With respect, that is not correct. Similar 'no further stay' conditions that may be imposed on a tourist visa (Condition 8503) can also be imposed on a student visa, Conditions 8534 and 8535 for example. In some circumstances it is mandatory to impose a no further stay condition where the applicant is from an Assessment Level 3 country, of which Burma is for all student visa subclasses.

Regards

bridge

I'm guessing you have seen a hel_l of a lot more visas then me,so thank you for the clarification. I only know what worked for my wife,when we did our visa,oh and my daughter also.My friend did a student visa for his girlfriend,it didn't have a no further stay on it,but then their are a lot of different cases when it comes to visas.

[jtp]

Hey,i just checked out your website,Bridge...NICE!