Australian Spouse Visa

[myauq]

Hi,

I've just got a question about our Australian Spouse Visa, which my fiancee applied for earlier this month. She is from Myanmar, and her education visa is about to expire. Thai and Myanmar laws are such that they don't permit marriages between Myanmar and foreign citizens, so whilst we're living here we can't get married. I have a work permit, and under normal circumstances my wife would be permitted to stay in Thailand with me as my legal-recognised spouse.

Unfortunately, because we cannot get married until we're in Australia, I'm not sure that Thai immigration will recognise our relationship for the purposes of allowing her to stay as my spouse. I've asked the Australian embassy if they could write a letter stating that we've submitted a spouse visa application, and plan to get married in Australia, but they said they weren't able. Rather, they recomended going to immigration and arguing the case, showing them our application form.

Do you think this will be ok? Any thing else we may be able to do in this situation in case she's refused the extension of stay, before we prepare for another annoying border run?

[bridge]

Hi,

I've just got a question about our Australian Spouse Visa, which my fiancee applied for earlier this month. She is from Myanmar, and her education visa is about to expire. Thai and Myanmar laws are such that they don't permit marriages between Myanmar and foreign citizens, so whilst we're living here we can't get married. I have a work permit, and under normal circumstances my wife would be permitted to stay in Thailand with me as my legal-recognised spouse.

Unfortunately, because we cannot get married until we're in Australia, I'm not sure that Thai immigration will recognise our relationship for the purposes of allowing her to stay as my spouse. I've asked the Australian embassy if they could write a letter stating that we've submitted a spouse visa application, and plan to get married in Australia, but they said they weren't able. Rather, they recomended going to immigration and arguing the case, showing them our application form.

Do you think this will be ok? Any thing else we may be able to do in this situation in case she's refused the extension of stay, before we prepare for another annoying border run?

I am a little unclear as to what you have stated. Have you applied for a prospective spouse visa or a spouse visa on the grounds of a defacto relationship.

bridge

[myauq]

Hi,

I've just got a question about our Australian Spouse Visa, which my fiancee applied for earlier this month. She is from Myanmar, and her education visa is about to expire. Thai and Myanmar laws are such that they don't permit marriages between Myanmar and foreign citizens, so whilst we're living here we can't get married. I have a work permit, and under normal circumstances my wife would be permitted to stay in Thailand with me as my legal-recognised spouse.

Unfortunately, because we cannot get married until we're in Australia, I'm not sure that Thai immigration will recognise our relationship for the purposes of allowing her to stay as my spouse. I've asked the Australian embassy if they could write a letter stating that we've submitted a spouse visa application, and plan to get married in Australia, but they said they weren't able. Rather, they recomended going to immigration and arguing the case, showing them our application form.

Do you think this will be ok? Any thing else we may be able to do in this situation in case she's refused the extension of stay, before we prepare for another annoying border run?

I am a little unclear as to what you have stated. Have you applied for a prospective spouse visa or a spouse visa on the grounds of a defacto relationship.

bridge

it's the latter - a spouse visa on grounds of a defacto relationship (309)

[bridge]

Hi,

I've just got a question about our Australian Spouse Visa, which my fiancee applied for earlier this month. She is from Myanmar, and her education visa is about to expire. Thai and Myanmar laws are such that they don't permit marriages between Myanmar and foreign citizens, so whilst we're living here we can't get married. I have a work permit, and under normal circumstances my wife would be permitted to stay in Thailand with me as my legal-recognised spouse.

Unfortunately, because we cannot get married until we're in Australia, I'm not sure that Thai immigration will recognise our relationship for the purposes of allowing her to stay as my spouse. I've asked the Australian embassy if they could write a letter stating that we've submitted a spouse visa application, and plan to get married in Australia, but they said they weren't able. Rather, they recomended going to immigration and arguing the case, showing them our application form.

Do you think this will be ok? Any thing else we may be able to do in this situation in case she's refused the extension of stay, before we prepare for another annoying border run?

I am a little unclear as to what you have stated. Have you applied for a prospective spouse visa or a spouse visa on the grounds of a defacto relationship.

bridge

it's the latter - a spouse visa on grounds of a defacto relationship (309)

Then I would be inclined to draft some pretty extensive representations to submit to the Thai authorities (have them translated into Thai of course) include as much supporting documentation as possible, eg. both the 40SP and 47SP. Address in the representations all of the criteria that is necessary to establish that a genuine defacto relationship exists between you and your partner (see Reg 1.15A of the Migration Reg's 1994). In a nutshell you want to demonstrate to the Thai authorities that your partner is your spouse (albeit according to Australian law) and that she currently has an Australian spouse visa application pending. Note - I am not qualified in any area of Thai law or practice. I only offer this advice as a suggestion to a course of action that I would be inclined to take if faced with the same circumstances.

Good Luck

bridge

Edited July 7, 2009 by bridge

[myauq]

Hi,

I've just got a question about our Australian Spouse Visa, which my fiancee applied for earlier this month. She is from Myanmar, and her education visa is about to expire. Thai and Myanmar laws are such that they don't permit marriages between Myanmar and foreign citizens, so whilst we're living here we can't get married. I have a work permit, and under normal circumstances my wife would be permitted to stay in Thailand with me as my legal-recognised spouse.

Unfortunately, because we cannot get married until we're in Australia, I'm not sure that Thai immigration will recognise our relationship for the purposes of allowing her to stay as my spouse. I've asked the Australian embassy if they could write a letter stating that we've submitted a spouse visa application, and plan to get married in Australia, but they said they weren't able. Rather, they recomended going to immigration and arguing the case, showing them our application form.

Do you think this will be ok? Any thing else we may be able to do in this situation in case she's refused the extension of stay, before we prepare for another annoying border run?

I am a little unclear as to what you have stated. Have you applied for a prospective spouse visa or a spouse visa on the grounds of a defacto relationship.

bridge

it's the latter - a spouse visa on grounds of a defacto relationship (309)

Then I would be inclined to draft some pretty extensive representations to submit to the Thai authorities (have them translated into Thai of course) include as much supporting documentation as possible, eg. both the 40SP and 47SP. Address in the representations all of the criteria that is necessary to establish that a genuine defacto relationship exists between you and your partner (see Reg 1.15A of the Migration Reg's 1994). In a nutshell you want to demonstrate to the Thai authorities that your partner is your spouse (albeit according to Australian law) and that she currently has an Australian spouse visa application pending. Note - I am not qualified in any area of Thai law or practice. I only offer this advice as a suggestion to a course of action that I would be inclined to take if faced with the same circumstances.

Good Luck

bridge

thanks bridge. sounds like quite a thorough process, but necessary to avoid possible probs. and that may be worth doing.

[garyh]

I may be wrong but can you go on a ship somewhere and be married by the captian?

[david96]

I may be incorrect here but are "defacto" marriages legal under Thai Law under the The Civil and Commercial Code?

I was to understand only "dejure" marriage was legal. This may have changed in the last few years.

In other words to stay in Thailand using marriage one must be legally married.

[bridge]

I may be incorrect here but are "defacto" marriages legal under Thai Law under the The Civil and Commercial Code?

I was to understand only "dejure" marriage was legal. This may have changed in the last few years.

In other words to stay in Thailand using marriage one must be legally married.

That was not exactly what the post was about. Circumstances are that the OP and his partner are both non-Thai citizens (Australian and Burmese), and not applying for any kind of Thai permanent visa. My post was in relation to the OP making representations to the Thai authorities that his partner is his spouse (by defn of 1.15A of the Migration Reg's), and secondly that she has an Australian spouse visa application pending of which the OP is the sponsor.

[gburns57au]

I may be incorrect here but are "defacto" marriages legal under Thai Law under the The Civil and Commercial Code?

I was to understand only "dejure" marriage was legal. This may have changed in the last few years.

In other words to stay in Thailand using marriage one must be legally married.

That was not exactly what the post was about. Circumstances are that the OP and his partner are both non-Thai citizens (Australian and Burmese), and not applying for any kind of Thai permanent visa. My post was in relation to the OP making representations to the Thai authorities that his partner is his spouse (by defn of 1.15A of the Migration Reg's), and secondly that she has an Australian spouse visa application pending of which the OP is the sponsor.

And that she is in Thailand on an education visa which expires soon meaning she has to return to Burma unless he can convince the Thai immigration to let her stay as his "de facto" on the strength of the Spouse visa application.

If she returns to Burma, would she still be able to apply for the spouse visa in Thailand or would she have to re-apply from Burma?

Edited July 8, 2009 by gburns57au

[david96]

One would imagine that trying to convince Thai Immigration that the "relationship" was a

"defacto" one based on an Australian Spouse visa application, ie, the immigration regulations

of a foreign country, would be practically impossible.

Perhaps they should look into legal marriage in Thailand as an alternative, pehaps she can extend her visa or obtain an alternative visa to stay in Thailand until their Australian visa application is approved.

As far as is known the Australian Embassy in Bangkok handles all applications for visas

from both Laos and Burma (Myanmar).

One can only wish them success.

[myauq]

One would imagine that trying to convince Thai Immigration that the "relationship" was a

"defacto" one based on an Australian Spouse visa application, ie, the immigration regulations

of a foreign country, would be practically impossible.

Perhaps they should look into legal marriage in Thailand as an alternative, pehaps she can extend her visa or obtain an alternative visa to stay in Thailand until their Australian visa application is approved.

As far as is known the Australian Embassy in Bangkok handles all applications for visas

from both Laos and Burma (Myanmar).

One can only wish them success.

hey, thanks david!

i might be changing jobs soon, so we may both opt for the double entry tourist visa and wait on that until the oz spouse visa comes through.

[Goinghomesoon]

I'm not sure that Thai immigration will recognise our relationship for the purposes of allowing her to stay as my spouse. ...

If you need an Aussie document for Thai Imm you could try using an Australian Stat Dec from the consular section of the embassy (not immigration). That's what retirement visa applicants use to declare their income and counts as their "embassy letter" that Thai immigration ask for.

[Badbanker]

You might also make some move to get legally married in Singapore or Kong Kong both of which states follow British style marriage laws and after a certain period of time of public notification will marry you at a registry office in either state!

Good luck.

BB