Partner Or Prospective Spousal Visa

[howareyou]

Hello everyone

I my girlfriend and I have known each other since November 2009 and visited her in April, June, October and this month being January. She came to Australia in September for 2 months. When we first applied via agent in Bangkok he requested a 2 week stay and the embassy gave us 3 months with no further stay. When she came to Australia I proposed to her and we are now engaged - she stayed 2 months not 2 weeks but returned before the visa expired.

The agent is now telling us that because she stayed longer than the 2 weeks we would not be granted another tourist visa. I am now being told by the agent that the only visa to apply for is a partner visa after marrying her in Thailand. From what I believe you have to have been legally married or in a defacto relationship ' living together' for this to be considered. If not it could take 12 months or longer for them to approve!!!

We have loads of photos with both our families, photos of the two of us, joint bank accounts, proof of relationship etc etc etc etc.

Personally and please if anyone can help me here - We ligitimately applied for a 2 week visa for her to visit me on my birthday - at that time I did not know that I would propose to her and that she would end up staying for a 2 month period - How can a partner visa be any better than a prospective spousal visa? Would the embassy look at the first holiday visa and hold that against us?

The more I read and ask questions the more I can see a nightmare in the making? Am I right to apply for a prospective spousal visa and should I be looking for another agent? Should I contact the Embassy?

help?

[gburns57au]

As she has not breached any visa conditions previously then it should not be held against her. She can apply for another tourist visa and if it is a worry to you then explain it in a covering letter. If she is granted another tourist visa and it doesnt have the no further stay clause, then you can marry here and apply for a spouse visa from here. She will need a police clearance from Bangkok before she comes though.

If you go down the Spouse visa road, you have 3 choices.

Marry and apply for a spouse visa from offshore.....Ususally the cheapest and quickest option

Apply for defacto spouse visa.....the most difficult

Apply for a prospective spouse visa which requires marrying in Oz within 9 months from grant of the visa and requires two payments.

Choose the one that suits your situation.

Maybe you should stay away from agents and do it yourselves. Having said that.....they are reputable ones around. Thai Visa Express has an Oz guy called Richard who is well qualified and honest. They are sponsors here.

[howareyou]

Many thanks Graham

So just so I get this right;

When you say Marry and apply for a spouse visa from offshore - do you mean - Marry in Thailand and apply for the spouse visa there? If yes, how long does it take for approval usually, we would have known each other for almost 1.5 years and will have a strong application when it comes to prooving relationship - but are we not expected to be married for 12 months? - If I do take this route I will be marrying her in late March and and applying for the spouse visa in April 2011.

Also she did have one indiscretion police wise and was caught gambling with some family friends about 1.5 years ago - I suppose she would have had to supply the police clearance for the tourist visa before? Do you know if this could affect the application?

Any advice is very much appreciated

As she has not breached any visa conditions previously then it should not be held against her. She can apply for another tourist visa and if it is a worry to you then explain it in a covering letter. If she is granted another tourist visa and it doesnt have the no further stay clause, then you can marry here and apply for a spouse visa from here. She will need a police clearance from Bangkok before she comes though.

If you go down the Spouse visa road, you have 3 choices.

Marry and apply for a spouse visa from offshore.....Ususally the cheapest and quickest option

Apply for defacto spouse visa.....the most difficult

Apply for a prospective spouse visa which requires marrying in Oz within 9 months from grant of the visa and requires two payments.

Choose the one that suits your situation.

Maybe you should stay away from agents and do it yourselves. Having said that.....they are reputable ones around. Thai Visa Express has an Oz guy called Richard who is well qualified and honest. They are sponsors here.

[gburns57au]

Many thanks Graham

So just so I get this right;

When you say Marry and apply for a spouse visa from offshore - do you mean - Marry in Thailand and apply for the spouse visa there? If yes, how long does it take for approval usually, we would have known each other for almost 1.5 years and will have a strong application when it comes to prooving relationship - but are we not expected to be married for 12 months? - If I do take this route I will be marrying her in late March and and applying for the spouse visa in April 2011.

Also she did have one indiscretion police wise and was caught gambling with some family friends about 1.5 years ago - I suppose she would have had to supply the police clearance for the tourist visa before? Do you know if this could affect the application?

Any advice is very much appreciated

Once legally married, you can apply. There is no requirement to wait 12 months. If you marry in Thailand , then it must be a registered marriage....the process takes about 3-4 months depending on the application.

If she comes on a tourist visa without the no further stay clause and marries and applies for a spouse visa from here, I know someone who is doing this now....she will need a Police clearance from Bangkok for the spouse visa application not the tourist visa. Police clearances are not required for tourist visa applications.

As she has already been granted a tourist visa previously, the gambling issue should not be a problem for another tourist visa, was it declared at that time?

It will need to be declared on the application form for any spouse visa....remember, Honesty is the best policy when dealing with Immigration.