Australian Prospective Spouse Visa Extension

[DoubleDutch]

Hello,

Just wondering if it is possible to extend my wife's prospective marriage visa since we are running out of time to submit a complete application for Spouse Visa. I can't seem to find much information about it on the Government website.

My wife's visa runs out at the end of April, 2012 and we still have a lot of legal documents to acquire in order to lodge a complete application for a Spouse Visa. I had no idea we had to produce all these documents again for this next visa. My wife needs to source some original documents from her home in Thailand and another police check from Bangkok. Then get everything translated into English, again! I don't know how long this is going to take. I'm at work for 12 hours a day, six days a week, and I'm struggling to find the time I need to deal with this nonsense. Why do they need to see everything again? The only thing that's changed is that we are now married.

We have a 2 year old child together. He has Australian citizenship by descent and Aussie passport.

Since he is Australian, can they really separate him from his mother by telling her to go back to Thailand?

Also, my wife is 3 months pregnant. So her ability to fly at high altitude is soon running out. I get taxed a medicare levy every year but my pregnant wife cannot get medicare whilst on this sub 300 visa. I have been paying full price for all doctors fees, blood tests, scans etc.

I would not recommend this process of fiance visa to anyone. I thought I was doing the right thing by the Australian Government but I would have been far better off marrying her in Thailand and apply for a once off Spouse Visa. That is my opinion.

Does anyone here know how to go about getting an extension for subclass 300?

Would it be in my interest to hire an immigration lawyer?

Any thoughts or feedback are most welcome.

Cheers!

[Elwood62]

I would get some advise from a person that deals with visa's and that will give you some good advise. and do this now as time goes very fast.

[Stinkdog]

Hey Mate,

Have you contacted your case worker?

I am in a similar situation, I have a Defacto Spouse Visa pending and we also have a child he's 5 and now and Australian Citizen by birth.

We were initially told by Immigration that our Visa will be processed quicker as we have a child that was over 13 months ago, so I don't believe them much anymore.

They also lost most of of documentation, and sent emails to the wrong address, I contacted them after a long period with no information and they said they were waiting on our documents, holy cow.

So anyway I explained what had happened and they said they will extend our application as long as they have proof we are trying to get the documents.

So perhaps you could try that.

We are fed up with this Government and the rubbish we have gone through, we didnt lose the documents etc and yet they still chastised us for not contacting them, ridiculous.

We are returning to Thailand, I have a business there and prefer the chaotic Thailand Immigration process LOL

[DoubleDutch]

Hey Mate,

Have you contacted your case worker?

I am in a similar situation, I have a Defacto Spouse Visa pending and we also have a child he's 5 and now and Australian Citizen by birth.

We were initially told by Immigration that our Visa will be processed quicker as we have a child that was over 13 months ago, so I don't believe them much anymore.

They also lost most of of documentation, and sent emails to the wrong address, I contacted them after a long period with no information and they said they were waiting on our documents, holy cow.

So anyway I explained what had happened and they said they will extend our application as long as they have proof we are trying to get the documents.

So perhaps you could try that.

We are fed up with this Government and the rubbish we have gone through, we didnt lose the documents etc and yet they still chastised us for not contacting them, ridiculous.

We are returning to Thailand, I have a business there and prefer the chaotic Thailand Immigration process LOL

Thanks Stinkdog,

That sounds like the way to go then for an extension.

I didn't even know we had a case worker. Where can I get one of those?

I do remember reading about a case worker before, when our fiance visa was being processed.

My wife requested to speak with our case worker at the Aus. Embassy in Bangkok but the lady there said we didn't have a case worker. She said our application was being processed by many different people and we can just talk with anyone. So, after that I just assumed we didn't have one.

Sorry to hear about your files being lost and getting stuffed around like that. It is very obvious that some branches of the government offices have a low standard of work ethics and professionalism.

You know, if i made mistakes like that at my job, I would get the sack!

How can you just lose somebody's private and confidential documents like that?

Anyway, I kind of feel better now that I'm not the only one struggling with this process :-)

We're also planning to go live back in Thai later down the track. I can't wait!

Thanks for your help

[DoubleDutch]

I would get some advise from a person that deals with visa's and that will give you some good advise. and do this now as time goes very fast.

Thanks Elwood,

Yes, time is flying! I'll have to get on top of this very soon.

[JBL]

Now that we have been thru the whole process ( wife has now got citizenship & Australian passport )

The best thing we ever did was do a duplicate for every application, it meant we had a standby copy ready to go if anything ever went astray.

JBL

[egdirb]

DoubleDutch,

Have you actually married your wife yet in Australia (condition of her sublcass 300) visa. You haven't stated this

You cannot get a subclass 300 visa extended despite what others are saying here.

Providing you have married your wife, just submit the onshore partner visa application. It is a requirement that a valid application be made (not a complete application). Outstanding supporting documentation can follow later.

Note - if not married by the date the visa expires, your wife will become an unlawful non-citizen. A prospective marriage visa CANNOT be extended, the Migration Act/Regulations simply do not provide for it.

[DoubleDutch]

Now that we have been thru the whole process ( wife has now got citizenship & Australian passport )

The best thing we ever did was do a duplicate for every application, it meant we had a standby copy ready to go if anything ever went astray.

JBL

Good idea JBL. I will definitely be doing that this time around.

[DoubleDutch]

DoubleDutch,

Have you actually married your wife yet in Australia (condition of her sublcass 300) visa. You haven't stated this

You cannot get a subclass 300 visa extended despite what others are saying here.

Providing you have married your wife, just submit the onshore partner visa application. It is a requirement that a valid application be made (not a complete application). Outstanding supporting documentation can follow later.

Note - if not married by the date the visa expires, your wife will become an unlawful non-citizen. A prospective marriage visa CANNOT be extended, the Migration Act/Regulations simply do not provide for it.

Thanks Egdirb,

That would explain why I couldn't find anything about this visa extension on the immigration website.

Yes, we are legally married and I have the marriage certificate.

That is a good point you made about submitting the spouse visa now and sending outstanding documents later. I didn't realise you could do that. It is actually stated on the first page of the onshore visa checklist that you should ensure to lodge a completed visa application etc etc.

Then it goes on to say: "a decision may be made solely on the information provided at the time of application''. That is why I have been stressing about lodging a completed visa application.

[egdirb]

DoubleDutch,

For many reasons it will not always be possible to submit a complete application, for example, waiting on health checks, police clearances, translations, Form 888's etc (I could go on and on). At the end of the day DIAC knows that it is not always possible to submit a complete application. Please don't stress on this point.

The Migration Regulations provide the manner in which a valid application is to be made. As long as you make a valid application, which in short means using the required application form and paying the current visa application charges, then you have made a valid application. Of course you would let DIAC know that further documentation will be forthcoming. The important thing is, lodge the onshore partner visa application prior to the prospective marriage visa expiring. As you get the remaining supporting documentation you would forward that to DIAC.

All the best.