Spouse Visa Application To Oz

[xerostar]

I recently married my Thai GF and she is now applying for a Spouse Visa to enter Australia.

She has two sons from a previous relationship living with her mother in LOS.

The application requires (amongst a *#-load of other stuff) "copies of documents to verify custody/access arrangements of children" (even though they are not applying to migrate at this stage). Until now there has never been any "formal" arrangement for these children so there are no documents in existence.

Can anyone offer advice on creating such documents or how best to go about getting them.

[Cossi]

I recently married my Thai GF and she is now applying for a Spouse Visa to enter Australia.

She has two sons from a previous relationship living with her mother in LOS.

The application requires (amongst a *#-load of other stuff) "copies of documents to verify custody/access arrangements of children" (even though they are not applying to migrate at this stage). Until now there has never been any "formal" arrangement for these children so there are no documents in existence.

Can anyone offer advice on creating such documents or how best to go about getting them.

Hello MORE FUN

Cant help but congratulations on the marriage and thanks for your help in the past. My Fiance is now here with me in Australia thanks greatly to you.

all the best mate

Cossi

[gburns57au]

I recently married my Thai GF and she is now applying for a Spouse Visa to enter Australia.

She has two sons from a previous relationship living with her mother in LOS.

The application requires (amongst a *#-load of other stuff) "copies of documents to verify custody/access arrangements of children" (even though they are not applying to migrate at this stage). Until now there has never been any "formal" arrangement for these children so there are no documents in existence.

Can anyone offer advice on creating such documents or how best to go about getting them.

You will need a letter (in his handwriting, I believe) from the father of the children stating that your wife has his consent for the children to leave the country....one copy in Thai for the airport and one in English for the application.

If the father cannot be located then your wife will need a court document stating that she has sole custodial rights....again one in Thai and one in English. I would use certified copies for these.

It may also be an idea to keep an English copy for the airport here just in case they ask any difficult questions on entry.

This is required for all visas including the tourist visa where kids are involved.

Hope that assists you

Edited January 29, 2006 by gburns57au

[Mighty Mouse]

I understand from your post that the children are not travelling with you but will remain in Thailand under the care of your mother-in-law.

As they are still dependent on their natural mother, their details must be included in her application form.

They will also need to undertake medical checks.

Their natural father needs to verify in writing that the mother has full custody rights. If for some reason the natural father cannot be located, you will need to obtain papers from Thai government officials that this is the case and that all attempts to locate him have failed.

All papers need to be translated into English and verified.

The Embassy has a "Contact Details of dependent child not migrating" form that covers children not included in the visa application.

There is form 47A for children 18 years or over.

Your mother-in-law will also need to provide a written statement indicating that she is prepared and able to care for the children during the absence of their mother.

You state that no "formal" arrangement have been made for the children. Unfortunately, you will now need to do this if your application has any chance of success.

[gburns57au]

MM raises some good points but as this is such a difficult and involved issue I thought I would add the link to the relevant part of the Immi website. This should tell you most of what is required and what you want to know.

http://www.immi.gov.au/migration/family/pa.../dependents.htm

Hope that this assists you even further...

Edited January 30, 2006 by gburns57au

[xerostar]

Thank you members

Your advice is much appreciated!

A great forum!

[Rupert]

I am also making an fiance visa application for my Thai girlfriend. My girlfriend has one dependent, a son upcountry being looked after by her mother. Her son will not be included this application and will remain under the care of her mother. For full compliance must she bring him to Bangkok to undergo a medical examination by one of the AUS Embassy approved doctors? Or are there any approved doctors in Issan?

From reading this thread, I now understand that even though the son is not travelling with her to Australia she must have sole custody rights. The boy has been raised since birth exclusively by my girlfriend and her mother. The father has provided negligible input in both time and resources. The problem we are confronting is that she has a very strong revulsion to the father of her child and really does not want to contact or have anything to do with him.

If the father is not willing to sign the consent forms at the aumphur for sole custody rights or some other statutory declaration granting consent, how will this affect the visa application?

What other ways are there of redressing this problem? Does this issue need to be resolved before a visa can be granted?

[Mighty Mouse]

Rupert,

This is my understanding of your questions:

For the mother to have sole custody rights to the child, the father needs to attend the relevent Thai government office and sign away his rights. Official papers are then issued to the mother. Copies of these papers would be required for a visa application.

If the father wants to retain his rights as a father (even though he is not supporting the child financially) the mother needs to convince the Embassy that the child will be well taken care of during her absence from Thailand.

If the mother wants full legal custody of the child and the father opposes it, they need to attend court to settle the matter.

The childs name needs to be listed as a dependent on the application form, irrespective of whether the child is travelling or not, so the above points still apply.

If the child is to travel and the father won't give approval, it's another legal battle that needs to be settled before making a visa application.