Australian Spouse Visa Applying For Them In Oz & Interim Visas

[Gahn5]

Having perused the Department of Immigration's site and various topics here I would greatly appreciate clarification of the following, in realtion to our own current circumstances:

My girlfriend is currently here with me in Oz on a 3 month Tourist Visa until early Deember. We met a year ago and she has one child under 10 who is currently at school in isaan. I want to apply for the spouse visa now and want to know the general rules and the circumstances surrounding it.

If we apply for the spouse visa is it correct that at the same time we make application for another Partner temporary visa (subclass 820) (and Partner permanent visa (subclass 801)?

Can this be donewhile she is in Australia AND will the new visa/visas be granted in time so that when her current visa runs out in early December it extends on top of that (The current visa does not have the 'no further stay' condition on it so I am presuming we could extend this?) If it doesnt come through by then, what can happen?

If it does can she still fly back to Thailand and return say, approximately mid Janury and stay until the Spouse Visa is granted within which time I believe is 9 months we have to tie the knot?

Additionally what visas are required for us to get her child out to Australia next year

Finally can someone tell me the RIGHT name of these visas i.e Spouse as opposed to Prospective Marriage, no wait let's throw in Fiance, DeFacto. (Is it any wonder Thais find the english langauge so confusing!!)

Cheers

[gburns57au]

To apply for the spouse visa SC 820 you must be married or in a recognised defacto relationship.

She is here on a 3 month visa without a no further stay condition. You have known her for 12 months...it is unlikely that she would qualify for the de facto and as you are not married, she cant apply for the 820 visa.

As there is not a no further stay attached, she can apply for a more substantive visa, however she needs to meet the requirements for any visa that she applies for. Extensions of current visas usually require extenuating circumstances, they dont just hand them out willy nilly.

Yes when you apply for the 820 visa you are also applying for the 801 visa at the same time.

Prospective spouse/fiance visa...she must be outside of Australia to apply for this visa. And marriage must take place within 9 months from the date of grant.

Regards the child, under what circumstances are you bringing the child to Oz, as a visitor or for migration? Will the child be migrating with the mother or at a later date?

The child can be included in the mothers application for migration if the child is coming over with the mother, otherwise a separate application (SC 445)needs to be made if the child comes over at a later date...the child will need to have a medical for the mothers application in any case whether the child comes over or not.

Spouse visa.....must be married or in a recognised de facto relaionship includes Temporary resident and permanant resident visas.

Prospective Spouse/fiance visa...must be intending to marry within 9 months from date of visa grant, comes in three parts Prospective spouse visa (separate from the Temp and Perm visas)...then the temporary resident visa and permanant resident visa.

Defacto visa...Must satisfy the defacto requirements of Australia, two parts as per the spouse visa.

[petemcc]

You know your stuff mate, but here's one for you.

So I'm going to marry my Thai gf, but the problem is do we use the Prospective Marriage (temporary) offshore (300) one and then apply for a partner visa after marriage, or go for the Partner (temporary and permanent) Offshore (300 and 100) visa?

The road to 'permanency' ends up costing the same it seems, but which is the better option, to marry her and bring her across, or bring her across and marry her?

I suppose my main concern is the permanent status and how soon it can be realised as she may have to do some tertiary study to upgrade her qualifications and unless she is permanent they charge international fees, which are just stupid.

Anyway, any advice, thoughts or points in the right direction are welcome.

Cheers

Pete

[gburns57au]

You know your stuff mate, but here's one for you.

So I'm going to marry my Thai gf, but the problem is do we use the Prospective Marriage (temporary) offshore (300) one and then apply for a partner visa after marriage, or go for the Partner (temporary and permanent) Offshore (300 and 100) visa?

The road to 'permanency' ends up costing the same it seems, but which is the better option, to marry her and bring her across, or bring her across and marry her?

I suppose my main concern is the permanent status and how soon it can be realised as she may have to do some tertiary study to upgrade her qualifications and unless she is permanent they charge international fees, which are just stupid.

Anyway, any advice, thoughts or points in the right direction are welcome.

Cheers

Pete

It doesnt cost the same.....Prospective you have to pay twice, once for the prospective and then for the temporary

If you marry then apply for the temporary you only pay once.

Which way you go is upto you.

the clock for the PR starts with the lodgement of the temporary spouse visa application.....it is two years from that date.

If you go the prospective visa route then it will take a little bit longer depending on how long it takes to marry and apply for the temp visa after the prospective visa has been granted

[petemcc]

You know your stuff mate, but here's one for you.

So I'm going to marry my Thai gf, but the problem is do we use the Prospective Marriage (temporary) offshore (300) one and then apply for a partner visa after marriage, or go for the Partner (temporary and permanent) Offshore (300 and 100) visa?

The road to 'permanency' ends up costing the same it seems, but which is the better option, to marry her and bring her across, or bring her across and marry her?

I suppose my main concern is the permanent status and how soon it can be realised as she may have to do some tertiary study to upgrade her qualifications and unless she is permanent they charge international fees, which are just stupid.

Anyway, any advice, thoughts or points in the right direction are welcome.

Cheers

Pete

It doesnt cost the same.....Prospective you have to pay twice, once for the prospective and then for the temporary

If you marry then apply for the temporary you only pay once.

Which way you go is upto you.

the clock for the PR starts with the lodgement of the temporary spouse visa application.....it is two years from that date.

If you go the prospective visa route then it will take a little bit longer depending on how long it takes to marry and apply for the temp visa after the prospective visa has been granted

You are of course right, seems I misread something and I thought the prospective counted almost in lieu of payment for the full jobbie, cheers.

Just a slight TF here, just looking at the website about tourist visas. It seems if the child is on the mother's passport then it is one visa, if not, the child has to apply for one! How ridiculous, a 2 year old applying for a tourist visa. Considering it is not possible, AFAIK for a child to be included on a parent's passport anywhere anymore...(am I right?) it is bang out of order!

[gburns57au]

You are of course right, seems I misread something and I thought the prospective counted almost in lieu of payment for the full jobbie, cheers.

Just a slight TF here, just looking at the website about tourist visas. It seems if the child is on the mother's passport then it is one visa, if not, the child has to apply for one! How ridiculous, a 2 year old applying for a tourist visa. Considering it is not possible, AFAIK for a child to be included on a parent's passport anywhere anymore...(am I right?) it is bang out of order!

Them's the rules

[petemcc]

You are of course right, seems I misread something and I thought the prospective counted almost in lieu of payment for the full jobbie, cheers.

Just a slight TF here, just looking at the website about tourist visas. It seems if the child is on the mother's passport then it is one visa, if not, the child has to apply for one! How ridiculous, a 2 year old applying for a tourist visa. Considering it is not possible, AFAIK for a child to be included on a parent's passport anywhere anymore...(am I right?) it is bang out of order!

Them's the rules

FAF, just how the hel_l does one prove that a 2 year old is visiting Australia as a genuine tourist or to further the relationship with his mum's boyfriend?

I think the rules need updating, but anyway, ho hum, another 105 bucks.