Australian Visa - Advice Please

[frankpelagic]

Here are the facts, I married my Thai wife while she was in Aus on her first tourist visa in March this year.

I am a contract Remote Area Nurse Practitioner, doing 2 or 3 months contracts in remote Australia, then I spend a similar amount of time in Toyland.

My wife joined me for the second, time in June and July.

I appled for a third visa for my current contract, starting 27th September. The visa took nearly 2 weeks to get, and I had applied for a multiple entry 12 month visa to suit my work demands. This was denied, instead we were given a three month visa and told by a Thai Embassy employee that this was the last she would be given, and she had to remain in Toyland for 9 months after this, before applying for another similar visa, or apply for a more "appropriate" visa.

I don't want to get her a spouse visa, as we spend more than half the year in Toyland, and I don't want to "westernise" her. My understanding of the spouse visa is that we need to remain in Australia while the decision is made. I do not have a home in Aus.

Can anyone think of another solution? Also, can the embassy deny entry to my wife by refusing her a visa to accompany her husband? There is a "no further extension" clause on the visa.

Thanks for advice

[gburns57au]

First off, you didnt apply for a visa, she did.

Second, referring to Thailand as Toyland wears a bit thin when mentioned muliple times in a post. Some

may say it shows a lot about your attitude to Thailand and Thai women.

The Embassy has the right to restrict or limit the amount of visas issued to any one individual, so yes they can deny a visa.

If the application for a spouse visa is made from outside Australia the applicant must be in the country of application for the grant of the visa. They can travel during the visa process time whether the application is made in Oz or in Thailand.

Curious about the 9 months in Thailand before a similar visa is given after stating that it would be the last tourist visa given. Never heard that before.

Would she get a spouse visa? Do you have a fixed address, this can be a relatives place, rented place or whatever, A PO box address is not sufficient. If you dont have that basic requirement then a spouse visa would be unlikely to be granted. This actually becomes a reason as to why further visitors visa may be granted. Another requirement of the spouse visa is that the holder must spend a reasonable amount of time in Oz.

Best info I can give you is to contact Immigration here and explain your situation, See if they can override the decision made in Thailand. IMO you would need to address it from the angle of her not being eligible for a spouse visa.

Remember that the Visitors visa is for purposes of tourism AND/OR visiting relatives and friends.

Edited October 3, 2010 by gburns57au