Partner Visa To Australia

[Madivad]

This does get a little tricky, but I am going to really try and simplify this as much as possible, I can elaborate further if anyone asks...

The basic question is: do I need to be living in Australia to have my thai wife apply for a partner visa based on marriage in order for her to migrate to Aus?

Background: we have been together more than a year, married in october in Australia, but due to the embassy not giving her a long 2nd visa, I have made the move to Thailand so that we can be together. Our long term goal is to get back to Australia, and so we're about to embark on the long and daunting process of getting a partner visa for her to migrate Australia. But since I am living here in Thailand at the moment, can we actually do that? Do I need to be in Australia for the process? what I mean to be more precise, do I need to be a current resident, since being in Thailand for more than 12 months (and more than 6 months of the current financial year), I would be deemed NOT to be a resident...

We were always going to get married on her second visa but the embassy threw on the 8503 meaning she had to go home again - well, we did get married still...

No probs, I just come here... But our long term goal is to get to get back to Australia. I am currently on a 12 month non-imm o-type visa (if that makes any difference).

What issues and or problems may I face?

Edited January 31, 2011 by Madivad

[bridge]

You haven't stated whether you are an Australian citizen or an Australian permanent resident (have a current RRV), but if you are then you can sponsor your wife subject to being assessed as an eligible sponsor. The fact that you are overseas is irrelevant.

[Madivad]

Thanks, I am an Australian citizen, but plan to spend at least the next year in Thailand.

If they grant her the temporary resident visa (part 1), does she have to enter the country in a given time period? It's of no real consequence, we can always fly to Perth or Darwin for a short holiday for her to meet any conditions. It's just I don't see the point waiting until it's time to go back to Australia before starting the process in the event there are issues and we are delayed. Before the two years are up we will be back at home living in Aus, so I'm thinking we shouldn't have any problems.

Thanks again

[gburns57au]

Thanks, I am an Australian citizen, but plan to spend at least the next year in Thailand.

If they grant her the temporary resident visa (part 1), does she have to enter the country in a given time period? It's of no real consequence, we can always fly to Perth or Darwin for a short holiday for her to meet any conditions. It's just I don't see the point waiting until it's time to go back to Australia before starting the process in the event there are issues and we are delayed. Before the two years are up we will be back at home living in Aus, so I'm thinking we shouldn't have any problems.

Thanks again

Entry date for a temporary resident visa is 12 months from the date the Embassy receives the first document for the application. eg; if they receive the medical certificate on the 5/2/11 then she must enter by the 4/2/12...if the visa is granted. Once she enters then she will need to spend the majority of the next 2 years here to get the permanent visa. By that I mean it is ok to go out for holidays but she will need to actually be living here.

[Jonny B]

im glad you asked this question as im in exactly the same situation and confused also. i asked a similar question in another topic and couple people said i couldnt so seem to get conflicting responses. hope you dont mind me asking here also, hopefully my questions will also help you.

so like the op i have also been living here in thailand for a number of years, an aus citizen, and not earning money or paying tax in aus during the time ive been here. can i still meet the requirements of a sponsor? if i dont meet the requirements of an eligible sponsor can someone else (my father) be the sponsor? would love to hear from someone who was living here and went through this process.

thanks

[Madivad]

Entry date for a temporary resident visa is 12 months from the date the Embassy receives the first document for the application. eg; if they receive the medical certificate on the 5/2/11 then she must enter by the 4/2/12...if the visa is granted. Once she enters then she will need to spend the majority of the next 2 years here to get the permanent visa. By that I mean it is ok to go out for holidays but she will need to actually be living here.

Wouldn't it be more fair to make it 12 months from the date the application is approved? (rhetorical). I have heard these visa apps taking many months (and in some cases years), and this could be a problem.... In any case, once it is approved we will be going back and forward to Australia over the following year numerous times and by the time the two years is up, we would have spent the majority of the time in Australia, so it's not that bad...

I have just gone over both application forms (hers: 47SP, mine: 40SP), and neither mention (nor the website) mentions length of stay for her in Aus.

To answer JohnnyB a little, the 40SP does ask for a residential address (Q30), and a side note stating: "If your residential address is not in Australia, please attach a statement at the end of this form outlining how you will meet your sponsorship obligations. see part i - sponsorship undertaking"

In that section, the only real undertaking you make in relation to this is that you will provide accommodation (and some other ancillary undertaking not related to residence).

I will be seeing a migration agent in the coming month to start the ball rolling, so I know can wait and ask them, but I am curious now... As far as I'm concerned, I am still an Australian resident (I am certainly a citizen at the very least ;-)). I have two addresses, one here in Thailand, and one in Australia. I don't want to put the Australian one if they can deem that to be "not current" if I have spent many months outside the country. I don't want to say I am NOT a resident of Thailand, because I don't want to get caught out on what they might perceive as a lie.

I can easily provide such a statement as the house in Aus is my own, and currently has my brother living in it, ie it is not rented out, it is still a place of abode for me when we go home.

I'm glad there are experts in this field, and I suppose this is why we have agents (and this wonderful forum - not being sarcastic)...

[Madivad]

... I have also been living here in thailand for a number of years, an aus citizen, and not earning money or paying tax in aus during the time ive been here. can i still meet the requirements of a sponsor? if i dont meet the requirements of an eligible sponsor can someone else (my father) be the sponsor? would love to hear from someone who was living here and went through this process.

thanks

I did read on their website once a while back something along the lines that the sponsor is "usually" the partner which infers that someone else can be the sponsor.

Within your sponsorship application is a single reference (Q35) to income and providing evidence of the last two years payslips/group certificates. Which was fine if I did this a few months ago, but now I am semi-retired (41 yo), and have no income (other than a nest egg in savings), but I do intend to work again, after this year (or so) on Thailand. For me, I'm debating do I put down retired (I'm thinking not), or "seeking employment" is another option. I am not receiving any pensions, and living here, I am not really seeking employment at the moment, although when I return, I probably will be. As an alternative to payslips, is a reference to a letter from an accountant saying you have funds from other sources (in my case, my savings account I suppose).

[gburns57au]

I did read on their website once a while back something along the lines that the sponsor is "usually" the partner which infers that someone else can be the sponsor.

Within your sponsorship application is a single reference (Q35) to income and providing evidence of the last two years payslips/group certificates. Which was fine if I did this a few months ago, but now I am semi-retired (41 yo), and have no income (other than a nest egg in savings), but I do intend to work again, after this year (or so) on Thailand. For me, I'm debating do I put down retired (I'm thinking not), or "seeking employment" is another option. I am not receiving any pensions, and living here, I am not really seeking employment at the moment, although when I return, I probably will be. As an alternative to payslips, is a reference to a letter from an accountant saying you have funds from other sources (in my case, my savings account I suppose).

If you are deemed to not be an eligble sponsor, you may be asked to have someone else provide an Assurance of Support. Immigration will tell you if that is required. These are done through Centrelink

[Jonny B]

hey madivad. yeah i read that is says the husband is usually the sponsor and in another post someone said the husband had to be. read through alot of previous posts and a bit of conflicting information, it will be interesting to see what the migration agent says to you, if you dont mind could you pls let me know what he says and i will do the same, hoping to speak to a reccommended visa agent soon. i meet all other areas, weve been married and living together full time for nearly 5 years and together for nearly seven, shes been to aus many times, studied and lived there for a year so that part im not worried about and im not sure if its always such a black and white thing. surely there are plenty of people that have been living overseas with their wife and want to return home.

If you are deemed to not be an eligble sponsor, you may be asked to have someone else provide an Assurance of Support. Immigration will tell you if that is required. These are done through Centrelink

gburns57au, could you please elaborate more on the assurance of support? and what do you mean its done through centrelink? cheers

[mystwoodcol]

Well let me add to the confusion. I have just been through the whole process in Australia.

Been married to wife twice.

Thai ceremony here - not registered

Australian ceremony - registered.

Ask for an extension on her holiday visa in Australia while her spouse visa was processed , naturally was refused.

Had all the documentation prepared in Australia by an immigration lawyer in Sydney put her on the plane and sent her home with all the paper work about 6kg of it.

Employing him was the best money I spent in the process as I have a friend who did it all himself to save a few bucks - NOT worth the hassle !

Everything has to be lodged and processed through the Australian office in BKK so if you are living in Thailand and not in BKK be prepared for a few visits to BKK.

We thought we had all documentation required but they asked for more regarding her grown sons, who we were not including in the application.

More running around medical test etc gathering up Thai documents, more trips by sons to BKK to lodge their papers.

Meanwhile I am sitting back in OZ twiddling my thumbs.

I was never contacted in any manner by any official - Thai or Australian.

I just let my wife do all the talking to the woman assessing the application. Thai on Thai (works better)

So I gather it doesn't matter where the husband is, if his side of the paper work trail is OK.

As long as he can throw Bhart into the bottomless pit.

I tried numerous times to get some answers out of Thailand but was completely ignored every time.

Phone calls , emails to Thailand - nothing

Got the local federal & state members involved in OZ but was politely told to p**s off and wait.

During this process I discovered that the approval process is really sub contracted out to some mob in BKK who work out of the Australian Embassy but are not actually employees of the Australian government.

Any way 5 months and 2 weeks from the date of lodgement in BKK out of the blue she got a letter saying it was approved.

So have patience, money and don't talk to them & it will probably be OK

So in essence I feel as long as you can justify your financials, (I just got a letter from an accountant) prove that you are an Aussie and keep paying - "she will be right mate" as they say.

Good Luck and what you have to look forward to reading OPs here is the divorce process.

Same all over the world

[Madivad]

Mystwoodcol, top story, at least in the end it was approved. Good to hear. Sounds (un)reasonable they wouldn't extend but I suppose they do that so if it's not approved then they have no fears of her running the gauntlet. ie not going home. Your application (and Johnny B's) sound a lot stronger than mine, we have only been together for just more than a year, but I am mildly confident it should be approved without too many hassles (my semi-retired/unemployed status being my only real concern). We both have no kids, she's not married before... Should be a walk in the park (laughing at myself here - yeah right!)

Johnny B, yeah I probably will post something if there are issues or even if all goes well. Look out for it.

[mystwoodcol]

Mystwoodcol, top story, at least in the end it was approved. Good to hear. Sounds (un)reasonable they wouldn't extend but I suppose they do that so if it's not approved then they have no fears of her running the gauntlet. ie not going home. Your application (and Johnny B's) sound a lot stronger than mine, we have only been together for just more than a year, but I am mildly confident it should be approved without too many hassles (my semi-retired/unemployed status being my only real concern). We both have no kids, she's not married before... Should be a walk in the park (laughing at myself here - yeah right!)

Johnny B, yeah I probably will post something if there are issues or even if all goes well. Look out for it.

Thanks for your comments if I can assist with info just ask.

Just get a friendly accountant to write something impressive on his official letter head and that will pass for financials.

My lady had been to OZ 3 times on tourist visas and we live in the bush so we had a true story that she was the principal carer for my pregnant daughter who was living with us & my 2 grand kids. Letter from her obstetrician requesting that wife stay to take care of her and kids. Real tear jerker of a story but no, Immigration in OZ said on your bike girl get home while we let another few 100 boatloads of total Illegals in. Typical!

I have been told 12 months is good enough if you want to make it longer write a few letters to each other and just put partly readable date stamps on them with dates to suit.