Getting Into The Land Of Oz

[Berek]

Met and fell in love with a wonderful Thai girl (kind, sweet and traditional etc). Have only been together since end of Jan '10 but spent 3 1/2 weeks together on holidays.

Would like her here with me desperately so was wondering which visa is perceived to be easier to get. I really don't mind the cost or effort in attaining the visa just being that I've not known her too long. So the choice is a prospective marriage visa 300 or a or partner visa 309/100

Any input appreciated.

Edited April 7, 2010 by Berek

[bridge]

Unless you are legally married or have been in a de-facto relationship for at least 12 months an offshore spouse visa is not an option.

Even if you were legally married, I could see you having issues in establishing the 'genuineness of your relationship, having only spent 3 1/2 weeks together, and having only known her since Jan this year.

With regards to Prospective Marriage Visa (s/c 300), your length of limited time together will still be an issue at this stage.

Depending upon both your and her circumstances, perhaps look at her obtaining a tourist visa first (s/c 676). Use that time in Oz to see how your relationship develops, and that time together would certainly aid any later s/c 300 application.

Regards

Bridge

[Berek]

Thanks Bridge for the quick reply. I probably didn't word the post quite right and can't edit it now. I would happily go back to Thailand and get married before applying for a partner visa. What I was hoping to hear is any experience with the burden of proof between the two types of visa. Reading between the lines I was guessing the 300 visa may be a little easier to get seeing as they're giving you 9 months to work things through.

I don't think a tourist visa is an option as I doubt she could get time off work and still have a job to go back to. Had enough trouble getting time off to spend 3 days on koh chang with me.

[bridge]

Thanks Bridge for the quick reply. I probably didn't word the post quite right and can't edit it now. I would happily go back to Thailand and get married before applying for a partner visa. What I was hoping to hear is any experience with the burden of proof between the two types of visa. Reading between the lines I was guessing the 300 visa may be a little easier to get seeing as they're giving you 9 months to work things through.

I don't think a tourist visa is an option as I doubt she could get time off work and still have a job to go back to. Had enough trouble getting time off to spend 3 days on koh chang with me.

Not so much a question of burden of proof, but looking at what criteria needs to be established at time of application. With regards to a s/c 300 visa, you need to establish the following:

1. That you both intend to marry

2. That you have physically met and have known each other

3. You must have a genuine intention to marry within the visa period and live together as spouses

The DIAC decision maker will definitely want evidence to assess the 'genuineness of the intention to marry'

If you were to get married, you the DIAC decision maker will still need to be satisfied of the genuineness' of the relationship.

If I can sum it up. Whether you get married tomorrow, or lodge a Prospective Marriage Visa, the short period of time you have known your GF will present problems for you when it comes to satisfying 'genuineness'.

Don't rush an application like this.

Bridge

Edited April 7, 2010 by bridge

[gburns57au]

The Embassy regards time in the relationship before actually meeting as nothing,.....The time known starts from when you actually met physically for the first time.

As you didnt go to Thailand until early March then that is the earliest start time for the relationship.

Any attempt to get a spouse or prospective spouse visa at this stage will ultimately fail as you dont have the time up for the genuine and ongoing relationship...Slow it down a bit.

[Berek]

Thanks for your comments.

It'll be several months before we lodge any visa application I should have said. I realise it'd be a waste of time doing it now and I'm planning at least 1 more visit before we do go through the process.

I wonder if they're so concerned with being genuine, how come I don't have to attend the interview also. It would help to see both sides of the picture. I could be the worlds worst character and BS on the letter of support..

[bridge]

Thanks for your comments.

It'll be several months before we lodge any visa application I should have said. I realise it'd be a waste of time doing it now and I'm planning at least 1 more visit before we do go through the process.

I wonder if they're so concerned with being genuine, how come I don't have to attend the interview also. It would help to see both sides of the picture. I could be the worlds worst character and BS on the letter of support..

Good idea with regards to the further visit.

Remember, it is your signature on the Form 40sp (Sponsorship), and if you were to "BS" in your 'relationship statement', the DIAC delegate would see straight through that like Swiss Cheese when your partner is interviewed.

Regards

Bridge

[hhgz]

"Met and fell in love with a wonderful Thai girl (kind, sweet and traditional etc). Have only been together since end of Jan '10 but spent 3 1/2 weeks together on holidays. Would like her here with me desperately...Any input appreciated."

Desperation is never attractive. Why are you in such a hurry? I suggest getting to know her, before you choose a tableware pattern.

[Berek]

I shall take your reply hhgz in a good light. I'm not desperate and dateless, as they say, but it's pretty normal to want to be with the one you love. 5 hours a day on MSN isn't the same as cuddling in person...

I was just putting it out there for comments from anyone who has gone down the 300 visa path. It'll always be frustrating when the criteria for proof isn't exactly black and white. I don't take rejection well

[acron45]

may I suggest taking lots of photos of you both while on your next trip (not in Bars) and also make plenty of phone calls to your GF that can be proven via telephone bill statements.

When the time comes to submit your application, the case officer will be wanting to see these 2 things before anything else.

Troy.

[steve C]

may I suggest taking lots of photos of you both while on your next trip (not in Bars) and also make plenty of phone calls to your GF that can be proven via telephone bill statements.

When the time comes to submit your application, the case officer will be wanting to see these 2 things before anything else.

Troy.

Yeah real good advice Toy

[GungaDin]

Unless you are legally married or have been in a de-facto relationship for at least 12 months an offshore spouse visa is not an option.

Even if you were legally married, I could see you having issues in establishing the 'genuineness of your relationship, having only spent 3 1/2 weeks together, and having only known her since Jan this year.

With regards to Prospective Marriage Visa (s/c 300), your length of limited time together will still be an issue at this stage.

Depending upon both your and her circumstances, perhaps look at her obtaining a tourist visa first (s/c 676). Use that time in Oz to see how your relationship develops, and that time together would certainly aid any later s/c 300 application.

Regards

Bridge

OP

Good advice.

Go for the tourist visa, & like he says, don't BS immigration, they've heard it all before.

Bridge, how long is a TV good for?

You may get one each other's nerves after a few months.

[ThaiFelix]

There has been a lot of excellent advice in this topic. The reason Australia is so careful with these things, I have read, is that there has been a lot of failed marriages between Asian women and Aussie guys (for a multiple of reasons) and the next thing is these gals are turning to social security which is exactly what the govt dont want. Keep lots of documents, photos etc relating to the relationship. Emails are another good one and not just between you two but also ones where you/her are mentioned to others. Take it slow and good luck.

And just remember that it wont take long before you would rather be on msm than cuddling with her on the couch !! Shell be too glued to the soapies in any case. 5555

[steve891]

Unless you are legally married or have been in a de-facto relationship for at least 12 months an offshore spouse visa is not an option.

Even if you were legally married, I could see you having issues in establishing the 'genuineness of your relationship, having only spent 3 1/2 weeks together, and having only known her since Jan this year.

With regards to Prospective Marriage Visa (s/c 300), your length of limited time together will still be an issue at this stage.

Depending upon both your and her circumstances, perhaps look at her obtaining a tourist visa first (s/c 676). Use that time in Oz to see how your relationship develops, and that time together would certainly aid any later s/c 300 application.

Regards

Bridge

OP

Good advice.

Go for the tourist visa, & like he says, don't BS immigration, they've heard it all before.

Bridge, how long is a TV good for?

You may get one each other's nerves after a few months.

You can get a tourist visa for as long as 1 year, multiple entry, with 3 month stay each visit, same as we can get for Thailand.

[GungaDin]

You can get a tourist visa for as long as 1 year, multiple entry, with 3 month stay each visit, same as we can get for Thailand.

Cheers