A 'Heads-Up' For Australians With Thai Wives

[bdenner]

TW's PR expired 2 & 1/2 years ago and as we do very few trips back to Australia I have just been getting her a one year multiple entry visitors visa. Very easy online application and post her passport to the Embassy with the bank cheque (about 3000 Baht), it basically gets rubber stamped.

They did phone and ask us why we didn't apply for the RRV last year and I just told them the truth. "We don't intend to reside in Australia". Obviously the right hand does not talk to the left as they have just renewed her Medicare Card - (which has never been used).

[Old Croc]

TW's PR expired 2 & 1/2 years ago and as we do very few trips back to Australia I have just been getting her a one year multiple entry visitors visa. Very easy online application and post her passport to the Embassy with the bank cheque (about 3000 Baht), it basically gets rubber stamped.

They did phone and ask us why we didn't apply for the RRV last year and I just told them the truth. "We don't intend to reside in Australia". Obviously the right hand does not talk to the left as they have just renewed her Medicare Card - (which has never been used).

The Health Insurance Commission has a history of not sharing information with other departments. Consequently, others don't always help them.

[KamnanT]

How much did this all cost ??

What is the benefit of maintaining PR or getting it again over just applying in say 5 years or however to go back there to live ??

The current fee for a Class 155 RRV is $300 or THB 8,600 on the current Bangkok Embassy price list.

[keymaker]

@chiangmaibruce you must be in Australia "before" the 5 year Visa expires then you can renew it again and again, I'm 100% sure about this.

Best thing to do it to apply for Citizenship so to avoid any surprise in the future.

[KamnanT]

@chiangmaibruce you must be in Australia "before" the 5 year Visa expires then you can renew it again and again, I'm 100% sure about this.

Best thing to do it to apply for Citizenship so to avoid any surprise in the future.

Not true - a RRV can be obtained outside Australia. Whether inside or outside Australia, if the applicant has not spent 2 of the past 5 years in the country, then they must "provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia." If they are outside Australia and been outside for a continuous period of more than 5 years, they must also "provide evidence of compelling reasons for their absence over 5 years."

[queanbeyan]

I've been in Oz since 1964 - born in Uk though. I became and Aus citizen in 1990 after returning from a 18 months studying and working in Thailand. It was a requirement for me when I joined the Aust Army to be a citizen - but I am dual UK/Aust now.

This year I am returning to UK for a holiday - funny how I actually feel like a tourist although I am returning to my birthplace!!!

I would suggest that PR is intended for people who are intending to permanently reside in Australia - not as a trophy for some Thais to wear along side their gold blings! If someone doesn't intend being a PR - why apply?

[OZEMADE]

I've been in Oz since 1964 - born in Uk though. I became and Aus citizen in 1990 after returning from a 18 months studying and working in Thailand. It was a requirement for me when I joined the Aust Army to be a citizen - but I am dual UK/Aust now.

This year I am returning to UK for a holiday - funny how I actually feel like a tourist although I am returning to my birthplace!!!

I would suggest that PR is intended for people who are intending to permanently reside in Australia - not as a trophy for some Thais to wear along side their gold blings! If someone doesn't intend being a PR - why apply?

Well there are a couple of reasons for applying for PR.

1. If you are married to a War Veteran who is on a disability pension, you are paid a pension from the Dept of Veteran Affairs, $564-50 a fortnight.

2. Because of his disability, you are also paid a Carers Allowance from Centrelink. $113-00 a fortnight.Total a Month $1354-40

3. If you are still married to the War Veteran and he Passes away, you automatically become a War Widow and receive $758-70 a fortnight and a Income support supplement of $226.80 a fortnight. Total a Month $1971-00

To mention a few.

[masterbiker49]

There is a minor problem with OZ citizenship for Thai citizens,Thailand does not allow duel citizenship or so I have been told.Anyone have any info as such

[samran]

There is a minor problem with OZ citizenship for Thai citizens,Thailand does not allow duel citizenship or so I have been told.Anyone have any info as such

You've been told wrong.

A quick perusal of the Thai Nationality Act wold allieve you of your worries.

[Thanet]

The criteria for a RRV are here http://www.immi.gov....eligibility.htm

Australian PR (like PR in most places) has two aspects:

1) Permission to remain in Australia indefinitely - if you are in Australia as a PR, you never have to leave and you never have to get another visa

2) Permission to return to Australia as a PR - the re-entry permit. This is the part of PR that you need to maintain a visa for, and only applies if you leave Australia and want to resume your PR status on your return

Any Australian PR visa label reads in exactly this way, containing the following two statements:

> Holder permitted to remain in Australia indefinitely - the underlying PR part

> Must not arrive after (date is five years after visa grant date) - this is the RRV re-entry part

All PRs outside Australia must have or get an RRV (otherwise known as a class BB subclass 155) in order to return to Australia as a PR.

Now come the tricky bit, and a part that I nearly fell foul of once before. The Australian Government views PR as a privilege, not a convenience. A PR is expected to maintain strong links to Australia, usually by residing. There is a "two in five" rule, which states that, if you have spent at least two out of the preceding five year period in Australia, you are automatically entitled to renew your RRV (for a fee), valid for another five years, with no questions asked. However, if you have spent less than the two years, you are in discretionary territory and you will need to satisfy an immigration officer that you have an ongoing commitment to Australia in order to get another RRV. If the officer is not satisfied, they may grant you a three month single entry RRV, or deny it.

If your RRV is denied and they do get denied then you must go to Australia before your old one expires, even if it the day before the "Must not arrive after" date. You are then still a PR (you don't need an RRV for that so long as you are in Australia), but could in theory be stuck in Australia for two years before you are automatically eligible for another RRV under the "two in five" rule.

The good news is that, being married to you, your wife can demonstrate compelling links to Australia, and would likely not lose her PR, but the grant of an RRV in such a case is discretionary and she could be refused. The law also states that "compelling and compassionate" grounds are required to issue an RRV to anyone who has spent more then five years outside Australia. In your case though, even if your wife did lose her PR, you could on your return to Oz immediately sponsor her for a partner visa - expensive, but it would work and she would get her PR back that way.

Most countries have a residency requirement for PR. Thailand, for example, limits RRV to only one year, meaning that PRs have to come back here every year to get a new visa. There is no residency requirement, so this can be a short trip of just a couple of days, but if you don't do it, or come back even one day late, your PR is gone.

Edited January 16, 2012 by Thanet

[chiangmaibruce]

A belated thank you to all who have contributed info to this thread. We will head back to Oz before the 5 yr deadline and avoid potential problems. I'm just surprised that this wasn't pointed out at the time PR was granted (perhaps it is now?).

The next issue is that my wife's Thai passport expires just a few months later. Can someone confirm whether Thais can apply for/receive new passports whilst overseas? Is this much more expensive than getting a new passport here in Thailand?

[Old Croc]

A belated thank you to all who have contributed info to this thread. We will head back to Oz before the 5 yr deadline and avoid potential problems. I'm just surprised that this wasn't pointed out at the time PR was granted (perhaps it is now?).

The next issue is that my wife's Thai passport expires just a few months later. Can someone confirm whether Thais can apply for/receive new passports whilst overseas? Is this much more expensive than getting a new passport here in Thailand?

http://www.thaivisa.com/forum/topic/386059-renewal-of-thai-passports-in-australia/page__view__findpost__p__3773679

[chiangmaibruce]

Thanks Croc, you're a champion

[MIACambodia]

Bump. Since this is a rather old thread, I wanted to see if people's experiences of the RRV application process had changed. 

Specifically, if you don't meet the 2 year in 5 requirement is it still relatively painless to obtain a SECOND 5 year RRV if one meets the usual requirements e.g. ongoing ties to Australia, reasonable grounds for extended absence (overseas of Australian citizen spouse)

 

Appreciate any current info.. 

[samran]

1 hour ago, MIACambodia said:

Bump. Since this is a rather old thread, I wanted to see if people's experiences of the RRV application process had changed. 

Specifically, if you don't meet the 2 year in 5 requirement is it still relatively painless to obtain a SECOND 5 year RRV if one meets the usual requirements e.g. ongoing ties to Australia, reasonable grounds for extended absence (overseas of Australian citizen spouse)

 

Appreciate any current info.. 

My wife has/had Australian PR. 

 

We live in Thailand now but every time we go back we apply for an RRV online a few weeks in advance. We have property, money and importantly Australian citizen children which proves the ongoing Australian link.

 

under current legislation she gets a one year RRV no worries. 

[MIACambodia]

1 hour ago, samran said:

My wife has/had Australian PR. 

 

We live in Thailand now but every time we go back we apply for an RRV online a few weeks in advance. We have property, money and importantly Australian citizen children which proves the ongoing Australian link.

 

under current legislation she gets a one year RRV no worries. 

Yeah, the annual renewal of a 1 year RRV is what I am trying to avoid. Any indication from the Oz Govt. as to why they don't give you a 5 year RRV ? Do you think you don't meet all of the requirements ?

[samran]

5 minutes ago, MIACambodia said:

Yeah, the annual renewal of a 1 year RRV is what I am trying to avoid. Any indication from the Oz Govt. as to why they don't give you a 5 year RRV ? Do you think you don't meet all of the requirements ?

No way around it as far as I can see. You have to been in OZ for a certain length of time (3 years?) at the time of application before they give you a 5 year one. Our visits are only for a few weeks at a time, so we don't qualify for the 5 year one, but our links make us a shoe-in for the one year one.

 

We are in the same boat, but the 1 year one is better than the 3 month one they give people without strong links....

 

Having said that, we don't renew it every year. No need to. You can have the RRV lapse when overseas if you aren't going back. My wife hasn't been back for 2 years so we haven't renewed it.

Edited January 10, 2019 by samran