Bringing My Gf Back To Australia, 2Nd Visit

[Menfah]

Hi All, I had some great feedback in a previous post, and now we're moving forward and would like some more general opinion on the subject.

Background:

I met my Thai girlfriend via the internet around Oct/Nov 2009, we met late Nov 2009 where we spent 6 week together over the xmas/new years period. We spent the majority of that time in Udon Thani.

I came back home early January 2010.

Mid Feb, about 6 weeks later, I returned to Phuket to meet up with some local friends. I flew my girlfriend down to Phuket at that time and we have been together ever since.

We stayed in Thailand for 3 weeks before coming back to Australia in March (and she coming with me on a tourist visa). In May we did a visa run to Fiji to satisfy the conditions of her multi-entry visa and she is due to go back to Thailand later this month (2-3 weeks)

We have known each other for more than 9 months, we met over 8 months ago and we have been living together for more than 5 months (unbroken) and almost 7 months (broken).

I do intend at some time to move to Thailand, but currently my work is here in Aus.

We're very happy together, blah blah blah, and I would like to bring her back and we do have every intention of getting married.

This year I have looked well into the categories of visas, and I do understand what they're all about. What I really want is just a matter of opinion on which is the best course of action to take to bring her back here (semi-)permanently.

Our options are:

1. bring her back on another tourist visa (then later marry and apply for partner visa)

2. bring her back on a prospective marriage visa

Option 1: I like this because I've been told that given she has come and gone and met the conditions of her first tourist visa, that a second tourist visa (possibly up to 12 months) would be granted pretty easily. Further, it is LIKELY (not guaranteed) the condition 8503 (no further stay) would NOT be applied to this visa. This is good because she can go home now, see her family and take care of some other things and be back in Australia in as little as 2-3 weeks. If the 8503 is not applied to her visa, we can then get married in that time and subsequently apply for a temp partner visa.

This all hinges on the 8503 condition not being attached to the next visa.

The main reason I don't like this option is because the 8503 condition may very well be attached and this puts us in the same position we are in right now.

I have read previously that you can't request the 8503 NOT be there, and in fact in the final section of the application there is a certification that you accept they may very well apply it. I think to include a request that it's not there will only spark them to ask the question as to why and make them more likely to apply the condition or decline the application altogether.

My thinking (maybe incorrectly) is that if we ask for a tourist visa for the purpose of her being here to marry and subsequently apply for a partner visa, they would be less inclined to grant it, since if they declined the partner visa down the track, she would already be here and would likely (in their mind) to become an illegal.

Asking for the tourist visa "to further our relationship" may be an option, but I don't think they would come to that party.

Alternatively we could just ask for a tourist visa on the grounds of continuous travel and to see more of Australia, etc. We still later marry and go for the partner visa (as long as the 8503 isn't a problem).

PROS:

- She could be back here in as little as 2-3 weeks

- it would further strengthen our relationship and make for a better partner application

CONS:

- 8503 may prohibit us from getting married and having her apply for a partner visa

Option 2: I like because we just get the ball rolling now on a marriage visa, no stuffing around with option 1 and then doing another visa when she lands (after we marry). Doing this visa is more 'honest' as she isn't really coming back here as a tourist, she is coming back here to be a partner.

The downside to this is that in the booklet for the partner/proposed marriage visa, it states the application process is 5-10 months!!!

The department's current service standards for Prospective Marriage visa application processing is 5 to 10 months (depending on your location and circumstances) in 75 percent of cases.

http://www.immi.gov....oklets/1127.pdf

Although I have rung the dept and queried this lengthy process' date=' I was advised it is more like 12-16 weeks. 3 to 4 months is better than 5 to 10, but it is still a rather extended period. So this leads me to go for option 1 and then "hoping" an 8503 isn't a condition and then going for the partner visa AFTER we marry here, ie once she gets back to Australia.

If there are complications, 10 months can be a strain on ANY relationship, let alone one starting out. (I couldn't see many STRONG relationships suffering a 6-10 month separation - but please, no debates on long distance relationsships and "but you can make it work" - let's not go there).

If she could get a tourist visa to come back here whilst it's in process, that would be fantastic, but she can't.

PROS:

- 8503 moot

- we can marry

- not have to leave country every three months

- she can work/study etc etc

CONS:

- it can take a bloody long time

So in brief, I'm not asking "how do I do this?" or "what visas are there?" I've done the research, I know what options I have. I am after some enlightened opinion based on knowledge or experience that may sway me one way or the other.

On a side note:

Documents in languages other than English that you provide with you partner category visa application must also be accompanied by an accurate English translation of each of those documents.

http://www.immi.gov....oklets/1127.pdf

In a previous thread someone told me all Thai documentation MUST be accompanied by English translations. And in fact this is repeated throughout the application, booklet and website. We did this for her initial tourist visa. But someone came back and said it is NOT a requirement, and now after the fact I know several people who have not submitted ANY english documentation, and they had no issues. What is the departments actual standing on this? My guess is that if it is lodged with the Embassy in Thailand, they have enough Thai speaking workers that can validate the paperwork, and that english translations are only required for paperword submitted in Australia... It's a guess.

[bridge]

Documents in languages other than English must be translated for PR visas. The Australian Embassy, Bangkok does not currently require documents in Thai to be translated into English for tourist visas.

Is your girlfriend still in Australia? If so, how long has she been there on her current tourist visa? I think you will certainly have 8503 issues, especially if you are attempting a back-to-back tourist visa. Remember tourist visas are for those who have a genuine intention to visit Australia for tourist purposes only. I certainly wouldn't be planting the seed that her intentions are anything other than that.

I think your safer bet is a Prospective Marriage Visa (subclass 300). Expect processing time to be around 3 months +/-. If your girlfriend is in Australia make sure you organise the notice of intention (NOIM) to marry before she departs.

Of course there is no impediment to marrying your girlfriend in Australia, but as you have rightly pointed out 8503 will prevent her from making an onshore spouse visa application, so she would have to then apply offshore for the spouse visa. Again, processing time around 3 months +/-.

Would be interested to hear what others have to say on the many issues you have raised.

All the best though, and keep us updated

Bridge

[bangkockney]

Are you ready to marry someone after only 5 months living together? And if you don't think your relationship would survive the time it takes to process a visa, are you sure she's the one?

Have you thought about a student visa?

[gburns57au]

Quote" We stayed in Thailand for 3 weeks before coming back to Australia in March (and she coming with me on a tourist visa). In May we did a visa run to Fiji to satisfy the conditions of her multi-entry visa and she is due to go back to Thailand later this month (2-3 weeks) "Quote

I take it you have already had the 12 month multi entry which is still in force.

If that is the case there should not be a 8503 condition to that visa and you can apply for the prospective visa. However there maybe a problem as you have known her for less than 12 months.

On the 12 month ME, she can enter upto the final date stated and stay for 3 months which gives the visa an effective life of 15 months.

Edited August 3, 2010 by gburns57au

[gburns57au]

Are you ready to marry someone after only 5 months living together? And if you don't think your relationship would survive the time it takes to process a visa, are you sure she's the one?

Have you thought about a student visa?

Why??

[bridge]

Quote" We stayed in Thailand for 3 weeks before coming back to Australia in March (and she coming with me on a tourist visa). In May we did a visa run to Fiji to satisfy the conditions of her multi-entry visa and she is due to go back to Thailand later this month (2-3 weeks) "Quote

I take it you have already had the 12 month multi entry which is still in force.

If that is the case there should not be a 8503 condition to that visa and you can apply for the prospective visa. However there maybe a problem as you have known her for less than 12 months.

On the 12 month ME, she can enter upto the final date stated and stay for 3 months which gives the visa an effective life of 15 months.

If she has had a 12 month ME 676 visa which is nearing expiry, there is no way (in my opinion anyway) that she will get a further 676 visa. DIAC will take the view that she is attempting de-facto PR through multiple 676 visas, and that a PR visa would now be the most suitable option.

We need more info from the OP.

Edited August 3, 2010 by bridge

[gburns57au]

If she has had a 12 month ME 676 visa which is nearing expiry, there is no way (in my opinion anyway) that she will get a further 676 visa. DIAC will take the view that she is attempting de-facto PR through multiple 676 visas, and that a PR visa would now be the most suitable option.

We need more info from the OP.

According to the Op's other post, his girl got a 3 month multi entry ??