Spouse And Tourist Applications And Other Questions

[raymp]

My wife is in au on a 3 month tourist visa.

When we return to Bangkok we are going to lodge a spouse visa application.

Then a tourist visa app so she can go back to au while waiting for the spouse visa.

Immi in au has told me verbally that the 2 different applications can be lodged and both will be processed independantly of each other.

Has anyone had any experience doing this?

How long do they keep a passport when applying for a spouse visa?

Does the embassey accept a credit payment if the details are written on the application in the appropiate boxes? Or do i have to go get cash or a bank check?

Because she worked in Cambodia for 2 years i presume that means we will have to go back there for a police check, is this correct?

A lot of questions i know, but there is no where else for answers.

Thanks all

[lesdunbar]

Hi,

I brought my wife out here to Aussie on a tourist visa. Applied for a spouse visa in Melb. My wife was granted a bridgeing visa until the spouse visa was granted. why not give it a go and see what happens? Could save you lots of $$$$$$ on trips etc.

Good luck witgh everything,

Cheers,

Les

[bridge]

Passports are not lodged with partner visa applications due to lengthy processing times. Applications received after 7th of February 2011, standard processioning time is now 10 months, up from 3 unfortunately.

There is not facility for paying by credit card in Thailand. Although your wife has to be offshore to lodge the application (and for it to be granted too), you can always pay the visa application charge (VAC) onshore, where credit card facilities are available. For this you need to attend a DIAC office in person. Make sure you attach the original VAC receipt to the application form (Form 47SP). If paying over the counter in Australia you will need the details from your wife's passport and the subclass of visa she is applying for (s/c 309/100). Current VAC is AUD$1735/THB54050.

Your wife will require a police check from any country she has resided in for 12 months or more during the last 10 years.

If lodging a tourist visa application during the processing of a partner visa application, you would lodge it after the partner visa has been lodged. Keep in mind however that this is a totally separate application and your wife still has to satisfy DIAC that she is intending to visit Australia as a 'genuine visitor only'.

Bridge

[bridge]

Hi,

I brought my wife out here to Aussie on a tourist visa. Applied for a spouse visa in Melb. My wife was granted a bridgeing visa until the spouse visa was granted. why not give it a go and see what happens? Could save you lots of $$$$$$ on trips etc.

Good luck witgh everything,

Cheers,

Les

Your wife's visa tourist obviously didn't have the 'no further stay condition' attached (Condition 8503) so she was able to make an onshore partner visa application. I am guessing that the OP's wife however does has 8503 attached to her tourist visa effectively preventing her from making any onshore application. If not, I agree with Les.

OP when your wife was granted her visa, she would have been given a letter from DIAC stating the conditions attached to her visa. Does it make mention of Condition 8503

Bridge

[raymp]

There is no further stay condition on it, which is why we will go back to Bangkok to aplly for the spouse visa.

Did i read right above that the visa can be lodged in Bangkok and paid for in Australia?

[bridge]

There is no further stay condition on it, which is why we will go back to Bangkok to aplly for the spouse visa.

Did i read right above that the visa can be lodged in Bangkok and paid for in Australia?

"Although your wife has to be offshore to lodge the application (and for it to be granted too), you can always pay the visa application charge (VAC) onshore"

[raymp]

BRIDGE why do you say to lodge the tourist visa after the spouse visa?

I thought if the tourist visa was lodged first and granted without a no further stay then she could go to au and we could lodge it there.

Secondly i had presumed that when an application is lodged in Bangkok payment would be expected immediatly there..

[bridge]

BRIDGE why do you say to lodge the tourist visa after the spouse visa?

I thought if the tourist visa was lodged first and granted without a no further stay then she could go to au and we could lodge it there.

Secondly i had presumed that when an application is lodged in Bangkok payment would be expected immediatly there..

Firstly on the VAC. There is no problem whatsoever in paying it in Australia. On the application form you just enter the DIAC receipt number and attach original receipt. If lodging with VFS in BKK you will still have to pay VFS fee which is now THB600. If the application is sent directly to the Australian Embassy, Bangkok by post you wont have to pay the VFS fee, but applications sent directly to the Embassy are notoriously slow in getting from the mail room to where they are suppose to. My tip pay the THB600 and lodge with VFS.

Secondly and more importantly, what makes you think your wife will be granted a subsequent tourist visa without 8503 attached? 8503 is attached to visas to prevent what in fact you are wanting to do.

A word of caution too, if your wife is thinking of requesting 8503 not be attached, she would effectively be putting DIAC on notice that her genuine intention is not to solely visit Australia as a genuine visitor, but attempt to change her visa status on arrival.

Bridge

[raymp]

I have read that many 2nd time visas do not have no further stay. We were not going to request it.

We weregoing to make an appointment and lodge it in the embassey in Bangkok.

Question was can i lodge it and then return to au and pay it

[bridge]

If you do not pay the VAC at time of lodgment (or prior to) it will not be a valid application pursuant to Schedule 2 of the Migration Regulations 1994. Invalid applications are not processed.

I dont want to be a downer, but the chances of not having 8503 imposed are next to nil.

Bridge

[raymp]

I think the same. A second visa will have no further stay, but we always live in hope.

It must happen sometimes how esle can you lodge an onshore app?

So we will go to cambodia and get the police clearance, and lodge the app in the embassey in Bangkok.

Then at a later time lodge the tourist visa.

Hopefully she can come to au while the spouse visa is being processed.

On a lighter note.

I want to live in Bangkok, She wants au. What a predicamant.

Thanks for the info.

By the way, i am a JP in au and i will do stat decs and cert copies in Bangkok for anyone while i am there.

[bridge]

I like people who think outside the box. Unfortunately those that can apply for an onshore partner visa are generally those that have a substantive visa where condition 8503, can't be imposed, such as an ETA visa. Thai's unfortunately cannot apply for an ETA visa and must therefore apply for a sublass 676 visa where '8503' may be imposed, or depending on their relationship with an Australian citizen or permanent resident a subclass 679 sponsored family visitor visa where 8503 must be imposed.

With regards to your offer to witness stat decs and certify docs in BKK. Nice to see someone giving back to the forum. I wish you and your wife all the best with regards to her application.

Bridge

[raymp]

I like people who think outside the box. Unfortunately those that can apply for an onshore partner visa are generally those that have a substantive visa where condition 8503, can't be imposed, such as an ETA visa. Thai's unfortunately cannot apply for an ETA visa and must therefore apply for a sublass 676 visa where '8503' may be imposed, or depending on their relationship with an Australian citizen or permanent resident a subclass 679 sponsored family visitor visa where 8503 must be imposed.

With regards to your offer to witness stat decs and certify docs in BKK. Nice to see someone giving back to the forum. I wish you and your wife all the best with regards to her application.

Bridge

I am confused as why you (bridge) said to lodge the tourist visa after the spouse visa.

[bridge]

I like people who think outside the box. Unfortunately those that can apply for an onshore partner visa are generally those that have a substantive visa where condition 8503, can't be imposed, such as an ETA visa. Thai's unfortunately cannot apply for an ETA visa and must therefore apply for a sublass 676 visa where '8503' may be imposed, or depending on their relationship with an Australian citizen or permanent resident a subclass 679 sponsored family visitor visa where 8503 must be imposed.

With regards to your offer to witness stat decs and certify docs in BKK. Nice to see someone giving back to the forum. I wish you and your wife all the best with regards to her application.

Bridge

I am confused as why you (bridge) said to lodge the tourist visa after the spouse visa.

Procedurally it would be very wise to lodge the offshore partner visa application first, then apply for a tourist visa to visit Australia during the processing of the partner visa application. As with any tourist visa application the applicant must clearly demonstrate that their intention is to visit Australia as a genuine visitor only, regardless of the fact that they have previously traveled to Australia and complied with the conditions of that visa. Also have a look at Question 36 on the 48R (page 13) and be aware of the applicants obligation to notify of changed circumstances pursuant to Section 104 of the Migration Act. If circumstances change so that a visa applicants answers given in relation to an application are incorrect (Q.36) in the the new circumstances, then the applicant is under a duty to notify DIAC of the changed circumstances. Any change of circumstances must be notified to DIAC between time of lodgment of the application and when the person arrives in Australia.

[raymp]

I like people who think outside the box. Unfortunately those that can apply for an onshore partner visa are generally those that have a substantive visa where condition 8503, can't be imposed, such as an ETA visa. Thai's unfortunately cannot apply for an ETA visa and must therefore apply for a sublass 676 visa where '8503' may be imposed, or depending on their relationship with an Australian citizen or permanent resident a subclass 679 sponsored family visitor visa where 8503 must be imposed.

With regards to your offer to witness stat decs and certify docs in BKK. Nice to see someone giving back to the forum. I wish you and your wife all the best with regards to her application.

Bridge

I am confused as why you (bridge) said to lodge the tourist visa after the spouse visa.

Procedurally it would be very wise to lodge the offshore partner visa application first, then apply for a tourist visa to visit Australia during the processing of the partner visa application. As with any tourist visa application the applicant must clearly demonstrate that their intention is to visit Australia as a genuine visitor only, regardless of the fact that they have previously traveled to Australia and complied with the conditions of that visa. Also have a look at Question 36 on the 48R (page 13) and be aware of the applicants obligation to notify of changed circumstances pursuant to Section 104 of the Migration Act. If circumstances change so that a visa applicants answers given in relation to an application are incorrect (Q.36) in the the new circumstances, then the applicant is under a duty to notify DIAC of the changed circumstances. Any change of circumstances must be notified to DIAC between time of lodgment of the application and when the person arrives in Australia.

I Had presumed that becasue of Q36 on the 48R (applied for permanent) that the torist would need to be first, then this question honestly be left blank.

I had also presumed that if a spouse visa was applied for then a tourist visa would be not be approved untill be outcome of the spouse visa.

[bridge]

I like people who think outside the box. Unfortunately those that can apply for an onshore partner visa are generally those that have a substantive visa where condition 8503, can't be imposed, such as an ETA visa. Thai's unfortunately cannot apply for an ETA visa and must therefore apply for a sublass 676 visa where '8503' may be imposed, or depending on their relationship with an Australian citizen or permanent resident a subclass 679 sponsored family visitor visa where 8503 must be imposed.

With regards to your offer to witness stat decs and certify docs in BKK. Nice to see someone giving back to the forum. I wish you and your wife all the best with regards to her application.

Bridge

I am confused as why you (bridge) said to lodge the tourist visa after the spouse visa.

Procedurally it would be very wise to lodge the offshore partner visa application first, then apply for a tourist visa to visit Australia during the processing of the partner visa application. As with any tourist visa application the applicant must clearly demonstrate that their intention is to visit Australia as a genuine visitor only, regardless of the fact that they have previously traveled to Australia and complied with the conditions of that visa. Also have a look at Question 36 on the 48R (page 13) and be aware of the applicants obligation to notify of changed circumstances pursuant to Section 104 of the Migration Act. If circumstances change so that a visa applicants answers given in relation to an application are incorrect (Q.36) in the the new circumstances, then the applicant is under a duty to notify DIAC of the changed circumstances. Any change of circumstances must be notified to DIAC between time of lodgment of the application and when the person arrives in Australia.

I Had presumed that becasue of Q36 on the 48R (applied for permanent) that the torist would need to be first, then this question honestly be left blank.

I had also presumed that if a spouse visa was applied for then a tourist visa would be not be approved untill be outcome of the spouse visa.

You can put the tourist visa in first then the offshore partner. However I wouldn't do it in that order.

Section 104 Migration Act 1994