Thai Wife To Australia, Help!

[mista]

I am a Kiwi citizen and long term resident of Australia.

Have been married for 2 months (married in BKK) to Thai lady.

She was here on a tourist visa Sept to Nov 2010.

Looking for a way to bring her back to Australia long term, can someone please tell me what type of visa to apply for etc.

Any help much appreciated.

[tim armstrong]

Mista Its a long road ahead. You firstly need to go to the Dept. Immigration website and read their information on bringing your wife back to Australia.

Immigrations' main concerns will be

1. That you are legally married. ie. at a thai registry not just a marriage ceremony with the monks.

2. That this is not a scam to help her come to Australia to work, and she will leave you upon arrival and go and work in a bar.

3. That you have enough money, secure job, house etc.,to support her without her working

4. That she is not about to bring her children, ex husband,parents and the extended family who may be a drain on the welfare system.

5. That she is healthy and won't be a drain on medicare.

6. That she has a useful skill that is in demand. (all round bowler and batswoman would be useful this summer).

7. That she can speak sufficient English to sing the national anthem. ( Someone has to, as the rest of us don't know the words)

8. That she is not a terrorist and is of good character.( I think that means can tell a good joke)

I can't think of anymore, but be patient, smile at the nice immigration officials, do not tell them they are wrong, and expect the unexpected. (much like driving in Thailand) Some people breeze through, others need a couple of attempts. Immigration have all the cards in their favour and you have few rights of appeal. Sorry to be so blunt, but immigration anywhere in a western country now is not an easy process, for both good and frustrating reasons.

Finally, a small bit of psychological advice. If you live near an immigration office, go and see them. Take note of the person who serves you, and ask if you can consult them if needed. Its always better to be known to them before they make their decision. Good luck.

[gburns57au]

Tim got a few things right....but in his attempt at humour he has also made a few mistakes.

Read up on the Immi website and is your marriage in BKK registered.

If the marriage is not registered then you will need to apply for a prospective spouse visa and get married in Oz.

If the marriage is registered then you apply for the spouse visa.

There are two application form to fill out, you as the sponsor and her as the applicant, when you apply for the temporary spouse visa, you automatically apply for the permanent visa as well.

You will need to prove that the relationship is ongoing and genuine.

She will not need to show skills, She will need a character check by way of a Police clearance in Thailand, she will need to undergo a health check at an Embassy designated hospital in Thailand, There is no english proficiency test for migration to Oz at this time. She can bring her children with her, you will need to show that you are working and can support her for at least two years, you dont need to own a house.

The documentation you used as evidence in the tourist visa can be used again, you will need to update it and use certified copies of all official documents.

A Case Officer will be assigned to the application, you dont get to pick and choose. There is no advantage to living close or being known to Emabssy staff, each application will be judged on its own merit.

If your application is unsuccessful you will have the right to appeal.

When I use the words you or your, it means you and your partner.

Edited December 14, 2010 by gburns57au

[mista]

Thanks for the help guys

[tim armstrong]

Thanks for the help guys

Mista, G'burns obviously has given you the correct details. I wasn't really trying to be flippant, but really suggesting that the whole process is certainly not as easy as it used to be, and it is important to stay cool, as attitudes have hardened in Immigration. This is not only my view, and has been the subject of ongoing political debate in Oz for some time now.

[AussieTintin]

Hi Mista,

gburns57au is correct,

A registered marriage in Thailand will be recognised in Australia and so you could apply for an offshore Partner visa. If the marriage is not registered you could apply for a Prospective Marriage visa and then get married in Australia and then apply for a onshore Partner visa. The processing time for the Prospective Marriage visa is about 3 months depending on subjective circumstances and if you wanted her to come over more quickly you could apply for a Tourist visa and then get married in Australia.

Technically you do not have to be married at all. There is a de facto Partner visa and you should have been living in a relationship with your partner for 1 year+

You will have to obtain a number of documents and there will be character checks and health checks like he described.

There will also be issues about finances and as mentioned the question of genuine and continuing relationship.

Regards,

[Jonny B]

hey guys, i also have a couple questions about the spouse visa for aus for my wife.

1. for the personal documents of sponsor it asks for proof that i usually reside in australia. what if i have been living here with my wife for the past 5 years and only been back 3-4 times during that time?

2. the sponsors employment history - as mentioned above ive been living here and havnt exactly been working in a full time paying job that i can prove. is this a problem?

3. the aus immi site says that form and documents etc may vary depending on where you apply, does bkk require anything much different from what the website states?

4. do they only grant this visa based on proving we want to move and live in aus full time and work there etc, im quite happy staying in thailand but may want to spend some months there and some months here in the future, without having to apply for a tourist visa for my wife everytime.

thanks for the help guys.

[gburns57au]

hey guys, i also have a couple questions about the spouse visa for aus for my wife.

1. for the personal documents of sponsor it asks for proof that i usually reside in australia. what if i have been living here with my wife for the past 5 years and only been back 3-4 times during that time?

2. the sponsors employment history - as mentioned above ive been living here and havnt exactly been working in a full time paying job that i can prove. is this a problem?

3. the aus immi site says that form and documents etc may vary depending on where you apply, does bkk require anything much different from what the website states?

4. do they only grant this visa based on proving we want to move and live in aus full time and work there etc, im quite happy staying in thailand but may want to spend some months there and some months here in the future, without having to apply for a tourist visa for my wife everytime.

thanks for the help guys.

So you want to have your cake and eat it too,

The purpose of the Spouse visa is for migration not visiting, you will need to show you can financially support her in Oz, that means a proven source of income in Oz. If granted you will be required to make Oz your main residence in order for the second stage permanent visa to be issued.

[Jonny B]

hey guys, i also have a couple questions about the spouse visa for aus for my wife.

1. for the personal documents of sponsor it asks for proof that i usually reside in australia. what if i have been living here with my wife for the past 5 years and only been back 3-4 times during that time?

2. the sponsors employment history - as mentioned above ive been living here and havnt exactly been working in a full time paying job that i can prove. is this a problem?

3. the aus immi site says that form and documents etc may vary depending on where you apply, does bkk require anything much different from what the website states?

4. do they only grant this visa based on proving we want to move and live in aus full time and work there etc, im quite happy staying in thailand but may want to spend some months there and some months here in the future, without having to apply for a tourist visa for my wife everytime.

thanks for the help guys.

So you want to have your cake and eat it too,

The purpose of the Spouse visa is for migration not visiting, you will need to show you can financially support her in Oz, that means a proven source of income in Oz. If granted you will be required to make Oz your main residence in order for the second stage permanent visa to be issued.

is that always the case? there a no excemptions? but weve married for over 5 years so surely that would qualify for the permanent visa wouldnt it?

[Will27]

hey guys, i also have a couple questions about the spouse visa for aus for my wife.

1. for the personal documents of sponsor it asks for proof that i usually reside in australia. what if i have been living here with my wife for the past 5 years and only been back 3-4 times during that time?

2. the sponsors employment history - as mentioned above ive been living here and havnt exactly been working in a full time paying job that i can prove. is this a problem?

3. the aus immi site says that form and documents etc may vary depending on where you apply, does bkk require anything much different from what the website states?

4. do they only grant this visa based on proving we want to move and live in aus full time and work there etc, im quite happy staying in thailand but may want to spend some months there and some months here in the future, without having to apply for a tourist visa for my wife everytime.

thanks for the help guys.

So you want to have your cake and eat it too,

The purpose of the Spouse visa is for migration not visiting, you will need to show you can financially support her in Oz, that means a proven source of income in Oz. If granted you will be required to make Oz your main residence in order for the second stage permanent visa to be issued.

is that always the case? there a no excemptions? but weve married for over 5 years so surely that would qualify for the permanent visa wouldnt it?

You've been given the correct information by gburns57au.

Why should her being married to you while you both are living

in Thailand, be a reason to give permanent residency to her?

If you want to continue to live in Thailand, I'm afraid tourist visa's

are your best bet.

Regards

Will

[gburns57au]

So you want to have your cake and eat it too,

The purpose of the Spouse visa is for migration not visiting, you will need to show you can financially support her in Oz, that means a proven source of income in Oz. If granted you will be required to make Oz your main residence in order for the second stage permanent visa to be issued.

is that always the case? there a no excemptions? but weve married for over 5 years so surely that would qualify for the permanent visa wouldnt it?

No....you have to qualify for a permanent visa that means living in Oz for a sufficient period of time. that qualification period is the 2 year period of temporary spouse visa, this also allows for the relationship to be proven as ongoing and genuine. Being married and it would need to be a registered marriage in Thailand, not the local village variety does not automatically qualify her for any type of spouse visa in Oz.

If you were returning to Oz live and work full time and had a definate provable job offer, then it would be considered.

[sikishrory]

im glad i found this thread since i was about to ask the same question.

im wondering what people think of these links:

http://www.thaivisaaustralia.com/can-i-apply-for-my-thai-girlfriend’s-visa-in-australia/ this says "The best visa to apply for on the first application for your Thai girlfriend is a Australia Tourist Visa. The application has to be made in Thailand" . i dont quite understand why that would be the case. i would have thought the prospective marriage visa would be better as its more long term?

also http://www.thaivisaaustralia.com/why-would-my-thai-girlfriend-be-refused-an-australian-visa/  says: "When you are showing you have plenty of money, you are not showing you are in a relationship; you are giving every reason why your Thai girlfriend would travel to Australia and not come back... Your Thai girlfriend will be refused an Australian visa if you make the visa application about you". 

so they are saying your thai girl should get a tourist visa and stay for a couple of months then go home and hide the fact your in a relationship. sounds silly to me.

maybe they are just saying this so they can sell there service to people??

also i have been thinking... i know this canadian girl who is travelling in australia at the moment and working as well with no problems. she told me part of it was that she had to go and work on some farm in bundaberg for a certain amount of time. i don't know the exact name of the visa but whats to stop a thai girl doing the same?

[sikishrory]

also its obviously a long process to get a prospective marriage visa... i am going to phuket in march and am hoping to get the ball rolling with this visa. is there things i need to take with me to lodge this? i would hate to get there and realise i cant start the application because i have forgotten something crucial back home.

is there anything she can do between now and march to help?

i am truly terrible at organising things and have been reading so much info about this visa stuff that it does my head in. i just seem to be going around in circles with it all.

im not trying to hijack the thread. i just thought the information would also be relevant to other readers as well.

[Old Croc]

To Mista, you don't state how long you have lived in Australia, other than "long term."

Depending on when you came the following may apply:

Arriving in Australia after 26 February 2001

Most New Zealand citizens, particularly those arriving after 26 February 2001, are required to apply for and be granted permanent residence in Australia if they wish to access certain social security payments, obtain Australian citizenship or sponsor their family members for permanent residence.

Under transitional arrangements, some New Zealand citizens are not affected by these changes. They include those who:

•were in Australia on 26 February 2001 as SCV holders

•were outside Australia on 26 February 2001, but present in Australia as an SCV holder for at least one year in the two years prior to that date

•have a Centrelink certificate, issued under the Social Security Act 1991, stating that they were, for the purposes of the Act residing in Australia on a particular date.

Note: These certificates are no longer issued.

[gburns57au]

im glad i found this thread since i was about to ask the same question.

im wondering what people think of these links:

http://www.thaivisaaustralia.com/can-i-apply-for-my-thai-girlfriend’s-visa-in-australia/ this says "The best visa to apply for on the first application for your Thai girlfriend is a Australia Tourist Visa. The application has to be made in Thailand" . i dont quite understand why that would be the case. i would have thought the prospective marriage visa would be better as its more long term?

also http://www.thaivisaaustralia.com/why-would-my-thai-girlfriend-be-refused-an-australian-visa/  says: "When you are showing you have plenty of money, you are not showing you are in a relationship; you are giving every reason why your Thai girlfriend would travel to Australia and not come back... Your Thai girlfriend will be refused an Australian visa if you make the visa application about you". 

so they are saying your thai girl should get a tourist visa and stay for a couple of months then go home and hide the fact your in a relationship. sounds silly to me.

maybe they are just saying this so they can sell there service to people??

also i have been thinking... i know this canadian girl who is travelling in australia at the moment and working as well with no problems. she told me part of it was that she had to go and work on some farm in bundaberg for a certain amount of time. i don't know the exact name of the visa but whats to stop a thai girl doing the same?

No comment on the links....I try not to bag companies

Using a tourist visa in the first instance establishes history for future long term visa applications

The Canuk is on a working holiday visa.

For your partners application.....stay away from agent sites.....concentrate on the Immi website alone and then come back and ask specific questions

[gburns57au]

To Mista, you don't state how long you have lived in Australia, other than "long term."

Depending on when you came the following may apply:

Arriving in Australia after 26 February 2001

Most New Zealand citizens, particularly those arriving after 26 February 2001, are required to apply for and be granted permanent residence in Australia if they wish to access certain social security payments, obtain Australian citizenship or sponsor their family members for permanent residence.

Under transitional arrangements, some New Zealand citizens are not affected by these changes. They include those who:

•were in Australia on 26 February 2001 as SCV holders

•were outside Australia on 26 February 2001, but present in Australia as an SCV holder for at least one year in the two years prior to that date

•have a Centrelink certificate, issued under the Social Security Act 1991, stating that they were, for the purposes of the Act residing in Australia on a particular date.

Note: These certificates are no longer issued.

Good point OC, i took him to be a PR already cos he writes in Aussie.....not Kiwi......

[Lumumba]

Thai wife seem to be the fad in OZ lately.Hope its not going to be a drain on the local talent residue for our esteemed short time visitors.

[Jonny B]

so what if we could show substantial money in the bank, i mean enough for both of us to live for off in aus for quite a few years. my wife has been to aus many times, studied there etc also. couldnt we say that with the money in the bank we plan on moving there together, buying a house and plan to work or get jobs etc, would i honestly have to go back and live there for a while and get into the rat race again just to apply for a visa for her, it sounds rediculous.

[sikishrory]

thanks thats good advice to just concentrate on the immi website first and foremost.

im still interested to hear other peoples opinions on this.

Edited December 21, 2010 by sikishrory

[gburns57au]

so what if we could show substantial money in the bank, i mean enough for both of us to live for off in aus for quite a few years. my wife has been to aus many times, studied there etc also. couldnt we say that with the money in the bank we plan on moving there together, buying a house and plan to work or get jobs etc, would i honestly have to go back and live there for a while and get into the rat race again just to apply for a visa for her, it sounds rediculous.

Stop trying to short cut the system.

To get a permanent visa you must first apply for a temporary spouse visa, to qualify then for a permanent spouse visa you MUST be living in Oz. There are no exceptions. If you do not spend enough time in Oz or are determined to not be actually living in Oz (overseas travel is allowed, but not extended periods out of the country)then the visa will probably be cancelled.

Remember that the ATO, AFP, Centrelink and many other Government departments are computer linked to Immigration, they can track your movements in and out of the country. I certainly would not recommend that you tell them you are doing something that you have no intention of doing.

[gburns57au]

 thanks thats good advice to just concentrate on the immi website first and foremost.

im still interested to hear other peoples opinions on this.

No Probs, you should find all your answers there

[Jonny B]

so what if we could show substantial money in the bank, i mean enough for both of us to live for off in aus for quite a few years. my wife has been to aus many times, studied there etc also. couldnt we say that with the money in the bank we plan on moving there together, buying a house and plan to work or get jobs etc, would i honestly have to go back and live there for a while and get into the rat race again just to apply for a visa for her, it sounds rediculous.

Stop trying to short cut the system.

To get a permanent visa you must first apply for a temporary spouse visa, to qualify then for a permanent spouse visa you MUST be living in Oz. There are no exceptions. If you do not spend enough time in Oz or are determined to not be actually living in Oz (overseas travel is allowed, but not extended periods out of the country)then the visa will probably be cancelled.

Remember that the ATO, AFP, Centrelink and many other Government departments are computer linked to Immigration, they can track your movements in and out of the country. I certainly would not recommend that you tell them you are doing something that you have no intention of doing.

fair enought thanks, but im not trying to short cut any system as you put it, im simply asking if its possible and what the rules are. thanks

[Will27]

so what if we could show substantial money in the bank, i mean enough for both of us to live for off in aus for quite a few years. my wife has been to aus many times, studied there etc also. couldnt we say that with the money in the bank we plan on moving there together, buying a house and plan to work or get jobs etc, would i honestly have to go back and live there for a while and get into the rat race again just to apply for a visa for her, it sounds rediculous.

Stop trying to short cut the system.

To get a permanent visa you must first apply for a temporary spouse visa, to qualify then for a permanent spouse visa you MUST be living in Oz. There are no exceptions. If you do not spend enough time in Oz or are determined to not be actually living in Oz (overseas travel is allowed, but not extended periods out of the country)then the visa will probably be cancelled.

Remember that the ATO, AFP, Centrelink and many other Government departments are computer linked to Immigration, they can track your movements in and out of the country. I certainly would not recommend that you tell them you are doing something that you have no intention of doing.

fair enought thanks, but im not trying to short cut any system as you put it, im simply asking if its possible and what the rules are. thanks

Yes mate

But you've asked the question 3 times.

You were given good information the first time

and you keep coming back with 'but what if" and

"are there any exceptions?".

You've been told that the spouse visa is for migrating to Australia.

What part of that don't you understand?

It's cheaper and easier to apply for a tourist visa anyway.

Regards

Will

[Jonny B]

so what if we could show substantial money in the bank, i mean enough for both of us to live for off in aus for quite a few years. my wife has been to aus many times, studied there etc also. couldnt we say that with the money in the bank we plan on moving there together, buying a house and plan to work or get jobs etc, would i honestly have to go back and live there for a while and get into the rat race again just to apply for a visa for her, it sounds rediculous.

Stop trying to short cut the system.

To get a permanent visa you must first apply for a temporary spouse visa, to qualify then for a permanent spouse visa you MUST be living in Oz. There are no exceptions. If you do not spend enough time in Oz or are determined to not be actually living in Oz (overseas travel is allowed, but not extended periods out of the country)then the visa will probably be cancelled.

Remember that the ATO, AFP, Centrelink and many other Government departments are computer linked to Immigration, they can track your movements in and out of the country. I certainly would not recommend that you tell them you are doing something that you have no intention of doing.

fair enought thanks, but im not trying to short cut any system as you put it, im simply asking if its possible and what the rules are. thanks

Yes mate

But you've asked the question 3 times.

You were given good information the first time

and you keep coming back with 'but what if" and

"are there any exceptions?".

You've been told that the spouse visa is for migrating to Australia.

What part of that don't you understand?

It's cheaper and easier to apply for a tourist visa anyway.

Regards

Will

well sometimes there are excemptions mate and how am i to know that what just he says is exactly the correct information, there are alot of people on here that give false and misleading info arn't there?

sorry if asking a question bothers you so much. il check with you next time before asking anything.

[gburns57au]

well sometimes there are excemptions mate and how am i to know that what just he says is exactly the correct information, there are alot of people on here that give false and misleading info arn't there?

sorry if asking a question bothers you so much. il check with you next time before asking anything.

Read back through some threads if you doubt my credibility.

Been on here for a long time doing this, even got the Thai visa shirt as a top ten MVP a few years ago.

Yes I make mistakes but not too often

Did all my wifes visa applications and helped a few mates out as well.

Been there done that and I got the bloody T shirt to prove it

Edited December 23, 2010 by gburns57au

[7by7]

Chill out, guys, and prepare for Boxing Day in Melbourne!

[Jonny B]

well sometimes there are excemptions mate and how am i to know that what just he says is exactly the correct information, there are alot of people on here that give false and misleading info arn't there?

sorry if asking a question bothers you so much. il check with you next time before asking anything.

Read back through some threads if you doubt my credibility.

Been on here for a long time doing this, even got the Thai visa shirt as a top ten MVP a few years ago.

Yes I make mistakes but not too often

Did all my wifes visa applications and helped a few mates out as well.

Been there done that and I got the bloody T shirt to prove it

congratulations on the shirt but i my last post was addressed at Will27, unless your the same guy you need not take offence. thanks for the input and merry christmas.

[catwho]

I was at the embassy yesterday to lodge my sons citizenship papers,[needed old passport of wife and did not translate marriage cert]rang 3 times to check on what was needed,[not mentioned ,the lady was very good to deal with,

also you can pay cash for that form,i put the wrong dept on the check,i sent the mrs back to bank to get cash or check made out to embassy,[she came back with cashiers check] that was still ok.

NOW i asked for immigration forms for the wife and step daughter to migrate,the lady came back with,info sheet,and 40sp[sponsor form]47sp immi form,two 160 forms for radiological chect xray,,and 2 forms for medical examination,.

there seems to be more checking then when i last filled immi form out.when thinking of going back.

WHOEVER is thinking of going to oz to live with wife or whoever , do yourself a favor,if near bkk go to embassy and get forms,or print off internet [is accecpted] THEN read fornt pages and most important,the CHECKLIST ITEM 85,PAGES 23/24,

Sponsor now needs a federal police check,which i pretty sure was not there before,

hope that helps someone.

cat

[gburns57au]

I was at the embassy yesterday to lodge my sons citizenship papers,[needed old passport of wife and did not translate marriage cert]rang 3 times to check on what was needed,[not mentioned ,the lady was very good to deal with,

also you can pay cash for that form,i put the wrong dept on the check,i sent the mrs back to bank to get cash or check made out to embassy,[she came back with cashiers check] that was still ok.

NOW i asked for immigration forms for the wife and step daughter to migrate,the lady came back with,info sheet,and 40sp[sponsor form]47sp immi form,two 160 forms for radiological chect xray,,and 2 forms for medical examination,.

there seems to be more checking then when i last filled immi form out.when thinking of going back.

WHOEVER is thinking of going to oz to live with wife or whoever , do yourself a favor,if near bkk go to embassy and get forms,or print off internet [is accecpted] THEN read fornt pages and most important,the CHECKLIST ITEM 85,PAGES 23/24,

Sponsor now needs a federal police check,which i pretty sure was not there before,

hope that helps someone.

cat

Federal Police Checks on the sponsor are required when sponsoring a child under 18yo, that came in last year

[gburns57au]

congratulations on the shirt but i my last post was addressed at Will27, unless your the same guy you need not take offence. thanks for the input and merry christmas.

Jonny me old mate, your post to Will addressed a third party.

to quote " how am i to know that what just he says is exactly the correct information"

As I was the one who responded to your questions, It was safe to assume you were talking about me. No offence mate, but you dont do yourself any favours with your posts.