Marry Thai Woman In Australia

[Menfah]

I have a thai gf. We first met back in sept 2009 and I visited her hometown in November 2009. I spent 6 weeks there before coming home and getting her a tourist visa to come and be with me (at the time that was the quickest and easiest to get). We got a 3 month multi entry visa (which pretty much makes it 6 months, ie she can stay for 3 months from her last date of entry whch must be before 3 months from when the visa was issued)

I would like her to stay here. I do plan to move to Thailand but that won't happen before the end of the year. She is on a tourist visa which does have the "no further stay" condition. Is that a be-all-and-end-all condition?

ie, can we get married here in aus, and does that then trump that condition? I'm thinking people must fall in love and get married all the time, so can we get married and then apply for a marriage visa WHILST she is in Australia? Or does she HAVE to go back to Thailand an we do the 5-10 month prospective marriage visa?

Any advise appreciated.

Regards Dave

[bridge]

There is no impediment to getting married whilst she is in Australia as the holder of a tourist visa. Provided of course you both dont have a legal impediment to marry of course. However, she will not be able to apply for an onshore spouse visa because of the 'no further stay condition'. Condition 8503 can only be waived in very extenuating circumstances, and I am sorry to tell you, but falling in love and getting married is certainly not one of them. If you do get married, she will have to return to Thailand and lodge an offshore spouse visa application.

If you dont get married, then you may want to look at a Prospective Marriage visa, which can only be applied for offshore anyway. There is no onshore equivalent.

Best of Luck

Bridge

[bridge]

Just further to my last post Regulation 2.05 of the Migration Regulations 1994 prescribes the circumstances in which the 'no further stay condition' may be waived:

In short (paraphrased). "Since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed over which the person had no control; and that resulted in a major change to the person's circumstances".

Bridge

[Menfah]

Wow, thanks for your speedy reply!

And, ok. Not quite what I expected, but then I suppose they don't really want to make it too easy for us :-)

it does raise 2 more questions:

1) I read (from the prospective marriage visa application - or booklet) that thy visa can take from 5-10 to be approved, if we marry and she goes offshore to apply being married, does it still take that amount of time? Or is it any quicker?

2) does she HAVE to go back to Thailand to apply for it? ie, can she apply from another country, ie NZ, Fiji or Singapore?

Thanks again for your reply

Dave

[bridge]

Wow, thanks for your speedy reply!

And, ok. Not quite what I expected, but then I suppose they don't really want to make it too easy for us :-)

it does raise 2 more questions:

1) I read (from the prospective marriage visa application - or booklet) that thy visa can take from 5-10 to be approved, if we marry and she goes offshore to apply being married, does it still take that amount of time? Or is it any quicker?

2) does she HAVE to go back to Thailand to apply for it? ie, can she apply from another country, ie NZ, Fiji or Singapore?

Thanks again for your reply

Dave

Processing time is usually 3 months +/-, in Thailand. Some people get their applications processed relatively quickly, some take longer. At the end of the day it comes down to the current case load at DIAC in Bangkok, and the completeness of the application. If the application is lacking supporting documentation this will delay the process. DIAC policy states that family visa processing should have priority over over visa streams, such as skilled etc, but 3 months is a good guide.

I wouldn't even consider applying in an offshore post other than Thailand for a whole variety of reasons, one major one being being that I can see the process taking a lot longer. Keep in mind too that most of your GF's supporting documentation will come from Thailand, such as Thai penal clearance certificate, health checks for any dependant family members (if any).

Bridge

[Menfah]

Excellent. Thanks again.

[saameetommy]

i added a comment with some helpful links, but not sure where they went, maybe i pressed the wrong button (reply) hopefully you will be able to find it and read it.

[7by7]

^^^^

Sorry, but your reply seems to have disappeared forever; perhaps you could post it again?

[saameetommy]

looks like the post is gone, so i will try again to help the op, sorry for length of the post, hope it helps though.

if her tourist visa is stamped ‘no further stay’ then that’s it, she must return to thailand, it is necessary anyway, because she has a fair bit of paperwork to complete.

she has to lodge the visa application in bkk at the visa lodgment center,

http://www.thailand.embassy.gov.au/bkok/DIMA03.html

she will need to have all of her housebook details translated into english (about 800tbh per page) by an accredited translator.

she will need to complete a medical check by an authorized doctor/hospital,

http://www.immi.gov.au/contacts/overseas/t...nel-doctors.htm

you will need to get a letter of intent to marry from a wedding celebrant/ priest or whatever your choosing is, that has a date of the wedding, you need to include you fiances FULL name in thai also.

she needs get a letter from the local village headman or the local amphoe(sp?), she should know of him, he will need to write her a letter to state the she is not currently married, i.e never married or currently divorced. again this will need to be translated.

you need to complete the following forms:

40sp, sponsor for partner app

47sp, app for migration by partner

26, health check

160, x-ray

956, agent (you) to authorize communication from the gov to you.

i know you want this to happen quickly but it will not, so take your time, get all the info you need, complete the forms 100% and the get them sent to her.

btw, i used aus post, international express (about $50), have used them a few times and they are outstanding.

when you are completing the forms, if there are areas she needs to complete, place yellow stick em’s next to where she needs to complete her part of it (and write what you want her to put there, i:e signiture), number each page and keep a copy on separate paper for you, so if she has a question, she tells you no 7 and you know where/what she is talking about.

at present the fee in bkk is around the 46000tbh mark for the lodging of the app.

good luck with your future wife, just as a side note and not judging but you appear to have known her for a very short time, might even be worth another tourist visa beforehand, it’s a massive thing for her.

just remembered you’re talking about moving to thailand, so it’s a massive step for you also.

hope this helps,

tommy.

[saameetommy]

in addition, as bridge mentioned the current processing time in bkk at the moment is around 3 months, but this could get longer, given the current situation over there.

[gburns57au]

she has to lodge the visa application in bkk at the visa lodgment center,

http://www.thailand.embassy.gov.au/bkok/DIMA03.html

the applicastion masy be lodged at interview time at the Embassy, you need to ring first for an interview time and ensure that yoiu have allowed enough time for the health check to get there and also make sure you have the police clearance.

she will need to have all of her housebook details translated into english (about 800tbh per page) by an accredited translator.

No she wont, it may be included but it is not a requirement.

she needs get a letter from the local village headman or the local amphoe(sp?), she should know of him, he will need to write her a letter to state the she is not currently married, i.e never married or currently divorced. again this will need to be translated.

If she can get the declaration from the Amphur then fine, but if not then she can fill out a stat dec here. A letter from the village headman would not carry any legal weight.

you need to complete the following forms:

40sp, sponsor for partner app

47sp, app for migration by partner

26, health check

160, x-ray

956, agent (you) to authorize communication from the gov to you.

The health and x ray forms are part of the health check and are completed by the doctor and sent to the Embassy, you will not have possession of them at any time.

The 956 form doesnt need ot be filled out by the applicant unless she agrees for the sponsor to be allowed the communication, most dont bother with it and the Embassy doesnt like it as they dont need anxious sponsors contacting the3m all the time.

Edited April 29, 2010 by gburns57au

[saameetommy]

i guess i was over cautious when doing the paperwork, i wanted to take out as many variables as possible, hence completing translations, declarations etc up front.

as the dept states :

Complete applications

You should ensure that you lodge a completed visa application. While the department may ask you to provide more information in order to determine whether you meet the criteria for grant of the visa, a decision on the visa application may be made solely on the information provided at the time of application.

↑↑: just as a matter of curiosity graham, when did you complete your application?

from everything i have read (immi site etc) the app must be sent in or lodged via the center, you can't make an appointment to see someone at the embassy, they ring you(her) and arrange the interview when they have gone through the app.

just wandering if the process may have changed in the interim.

[david96]

Refernce to post #13.

All the latest information on this Australian Embassy Bangkok website page.

http://www.thailand.embassy.gov.au/bkok/DIMA03.html

Edited April 30, 2010 by david96

[saameetommy]

good info here for the op, hope it helps him, although he may have lost interest, no other posts.

[benthai98]

I have a slightly different question that you guys might be able to help me with.

We have been married for about 5 years now. I'm Australian, my partner is Thai. We live in Thailand.

My wife works for Thai Airways which means we pop home to Aussie for the occasional weekend etc quite regularly. Every now and then, however, we try and pop home to see mum & dad for a couple of weeks at a time. When this happens she has to rely on her tourist visa, as opposed to the work visa she uses when flying.

Since the visas are being handled by a contracted company now the process for her to apply for a tourist visa means she has to leave her passport with them for a week. As she flies internationally a couple of times a week it means that she needs to take a week off work just to be able to apply for a tourist visa. This is becoming tiring.

I've noted a 'partner' visa though this seems to be aimed at people migrating into Australia. We don't currently have any intention of living in Australia.

My question is whether anyone knows of any fast track process that would allow us to get a visa to travel home every now and then; without having to take a week off every year for a tourist visa. Alternatively; are they likely to give us a tourist visa for longer than a year (her work visa into Australia is for 5 years) as she is married to me?

[gburns57au]

I have a slightly different question that you guys might be able to help me with.

We have been married for about 5 years now. I'm Australian, my partner is Thai. We live in Thailand.

My wife works for Thai Airways which means we pop home to Aussie for the occasional weekend etc quite regularly. Every now and then, however, we try and pop home to see mum & dad for a couple of weeks at a time. When this happens she has to rely on her tourist visa, as opposed to the work visa she uses when flying.

Since the visas are being handled by a contracted company now the process for her to apply for a tourist visa means she has to leave her passport with them for a week. As she flies internationally a couple of times a week it means that she needs to take a week off work just to be able to apply for a tourist visa. This is becoming tiring.

I've noted a 'partner' visa though this seems to be aimed at people migrating into Australia. We don't currently have any intention of living in Australia.

My question is whether anyone knows of any fast track process that would allow us to get a visa to travel home every now and then; without having to take a week off every year for a tourist visa. Alternatively; are they likely to give us a tourist visa for longer than a year (her work visa into Australia is for 5 years) as she is married to me?

There is no fast track.....I take it you have been applying for the 12 month multi entry tourist visa.

[gburns57au]

↑↑: just as a matter of curiosity graham, when did you complete your application?

from everything i have read (immi site etc) the app must be sent in or lodged via the center, you can't make an appointment to see someone at the embassy, they ring you(her) and arrange the interview when they have gone through the app.

just wandering if the process may have changed in the interim.

2 years ago but I went through the VFS centre.....others on here have gone through the embassy stating that it fast tracked the system but it really isnt much of a shorter route.

[benthai98]

[

2 years ago but I went through the VFS centre.....others on here have gone through the embassy stating that it fast tracked the system but it really isnt much of a shorter route.

Thanks guys. I didn't think so. I've tried to find alternatives but the embassy just end up sending me around in circles.

cheers

[SirDougless]

It never ceases to amaze me the laziness of people to do some basic research. It is not difficult and asking advice here can never replace answering your own questions via the official AU government website. Everything is there.

[7by7]

This forum is here to offer advice and help to those who need it. The official websites and information published by various governments can be difficult to understand.

SirDougless, nobody is forcing you to read or respond to posts in this forum; perhaps you would be happier were you to not visit it.

[Lancashirelad]

Since the visas are being handled by a contracted company now the process for her to apply for a tourist visa means she has to leave her passport with them for a week. As she flies internationally a couple of times a week it means that she needs to take a week off work just to be able to apply for a tourist visa. This is becoming tiring.

I've noted a 'partner' visa though this seems to be aimed at people migrating into Australia. We don't currently have any intention of living in Australia.

My question is whether anyone knows of any fast track process that would allow us to get a visa to travel home every now and then; without having to take a week off every year for a tourist visa. Alternatively; are they likely to give us a tourist visa for longer than a year (her work visa into Australia is for 5 years) as she is married to me?

Not sure about Oz but here in pom land she would be legitimately entitled to carry a 2nd passport under these cicumstances.

Might be worth looking into?

Edited May 4, 2010 by 7by7
Off topic comment deleted

[gburns57au]

Since the visas are being handled by a contracted company now the process for her to apply for a tourist visa means she has to leave her passport with them for a week. As she flies internationally a couple of times a week it means that she needs to take a week off work just to be able to apply for a tourist visa. This is becoming tiring.

I've noted a 'partner' visa though this seems to be aimed at people migrating into Australia. We don't currently have any intention of living in Australia.

My question is whether anyone knows of any fast track process that would allow us to get a visa to travel home every now and then; without having to take a week off every year for a tourist visa. Alternatively; are they likely to give us a tourist visa for longer than a year (her work visa into Australia is for 5 years) as she is married to me?

Not sure about Oz but here in pom land she would be legitimately entitled to carry a 2nd passport under these cicumstances.

Might be worth looking into?

Thats nothing to do with Oz or Pommieland....she is a Thai passport holder.

Edited May 4, 2010 by 7by7
Off topic comment in quote and response to it deleted.

[david96]

Re post #24 by gburns.

You are quite correct the post refers to Australian immigration and the applicant is a Thai

Citizen holding a Thai passport.

And post #23.

As far as one is aware an Australian cannot hold more than one current Australian Passport.

there are probably some exceptions such as a Government Minister or a Diplomat while in the employ of the government. But these are special passports.

[gburns57au]

Re post #24 by gburns.

You are quite correct the post refers to Australian immigration and the applicant is a Thai

Citizen holding a Thai passport.

And post #23.

As far as one is aware an Australian cannot hold more than one current Australian Passport.

there are probably some exceptions such as a Government Minister or a Diplomat while in the employ of the government. But these are special passports.

They do issue emergency Oz passports but I dont think that it would be applicable in this case

[david96]

Here is some information on the Electronic Travel Authority, ETA, Thailand might be on it one day.

http://www.immi.gov.au/media/fact-sheets/55eta.htm

[GungaDin]

It looks like the OP has gone into hiding.

[Lancashirelad]

Thats nothing to do with Oz or Pommieland....she is a Thai passport holder.

You are indeed correct. I missed that point. I'm sorry, i'm not perfect. Was just trying to be helpful, which is what i often try to do when posting at TV. Shan't bother in future.

Edited May 4, 2010 by 7by7
Off topic comments removed.

[7by7]

Some posts edited and others removed.

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Thank you.

[jamesrat1947]

I got married to a Thai lady in Australia. She had a tourist multi transit 1 year visa with a maximum 3 month stay each time .. Under the clause in earlier postings I went to immigration at Southport on the Gold Coast and put an application in for her resiidency. It was accepted no worries and her new bridging visa was valid until 28 days after a decision !!

This bridging visa supercedes her previous visa voiding it so she can't travel in and out of Australia as she could before..The statute time for residency is 2 years from application . So in effect when you apply she has a visa for 2 years ( the statute timefor residency after application) plus time to pack if refused !!!. The plus is she is with you and get a madecare card lpus 500+ hours at TAFE for English lessions..The negative is this visa is stamped NO WORK and as it is a bridging visa it holds her hear but is void if she leaves the country.That is wht she can't travel if you do it that way .

There is a hardship clause re a work visa . that is if your circumstances change and you cant work and/ or you have only $5000 in the bank ( could be more now) she gan get a work visa at their discretion .

If her circumstances are the same in 2 years time she will be a residient and the a further 2 years after residency she can be a citizen..After the first 2 years & she is a resident she is free to travel with a return visa available over the counter . As a resident she has the same rights as a citizen ( work and benifits) but can't vote or hold an Australian passport.

The BIG PLUS applying for a spouse visa is after the wait IN THAILAND she comes to Aus with work rights and social security a resident .., yes you can even have a baby and get the "baby bonus" !!!

A fiance visa has the same rights as a spouse visa and the difference basically is that you must marry within a time frame to to keep it valid ( 6 months last time I checked) Hope that helps you but always remember to check yourself then you have no problems.. regards an good luck

[gburns57au]

Thanks for the info Jamesrat.....that was interesting...

BTW the time limit for marriage on a Fiancee visa is 9 months but take into account that the applicant needs to apply for the next visa at least 2 weeks prior to the Fiancee visa expiry....