Visa Process For Australia

[althemighty]

Another important thing I did was to get the stat dec written from my parents about our relationship. If you are going to re submit things I would recommend that you include a stat dec from at least one family member detailing how they talk to your wife on skype etc and know your a real couple.

20 days is short. Me and my wife are lucky because we are both teachers and I could explain that we could only be together in school holidays and that it was only work that was keeping us apart. It will be hard to bring your wife here as a tourist if she does not have school holidays and they might think she would stay illegally due to the failed visa attempt.

When I started the visa process I was going to use a lawyer but it was cheaper for her to come and stay here and in the end just as effective. I would get her a touris visa and have her come here meet your family etc take photo and get stat decs about your relationship from your family.

[krisb]

Im yet to hear a refusal follow up by lodging a review. Its the 1 thing on TV I havnt heard.

Imo no one can say no to you. Its your and her life, and if you guys are honest hard working folk, and if you wanna be together, then thats it. Who are they to play god and say to you no?

If it was me I would not only talk to a visa lawyer, but have you ever thought of contacting your local MP? You voted him or her in to help you and your community, with problems and solving problems. RING THEM. Hell they get paid well from your tax.

Op dont take no for an answer, get stuck into those sob and dont take anything but a yes.

Please please keep us informed, there have been stories like yours but then the original poster doesnt return and fill us all in.

Anyhow you have all our support and theres great advice for free on here, so keep positive, take action and best of luck

[simple1]

OP: After taking a quick look at the DIAC information booklet on eligibility for spouse visa it appears your application did not even meet the minimum requirement of having been in a relationship for 12 months at the time of submitting the visa request. Even though the 12 months timeline is not referenced in the rejection letter it would have created a red flag. It would be a good idea to download and read the information booklet before taking any "next steps"

URL is http://www.immi.gov.au/allforms/booklets/books1.htm

Best of luck...

[electau]

First the applicant ( and the sponsor) must meet the criteria for the visa, in this case sub class 309.

The most important documents are the ones written by your spouse and the sponsor detailing how you met, when you met and when you decided to formalise your relationship.

Her letter ( document) will be in Thai with a translation in English by a translation agency.

The sponsors letter will be in English.

Second. Details of any travel together (if possible) ie. airline tickets, bus tickets, hotel accounts etc.

Third. DIAC want to know if the relationship is genuine and ongoing ( in this case legal marriage).

You should read the booklet from DIAC, downloadable from their website.

An application will be refused if DIAC regard the relationship as not genuine and ongoing at the time of lodgement of the application. Period of time 6 months min for dejure marriage and min 12 months for defacto relationships.

The Migration regulations may be found here.

http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/

Edited December 13, 2012 by electau

[electau]

Remember your spouse ( the applicant ) is in Thailand so many of the requirements may not be able to be met, but you can supply documents for IMTs from your financial institution, ie bank. telephone calls ( phone account) and selected e-mails as evidence.

DIAC understand that you ( the sponsor) can not be in Thailand on a continuous basis and take into consideration that fact. Different if you were both living in Australia, then you would be living together.

[derge]

Yes a trip to oz is almost mandatory imho i did this with my wife and when she came to oz we got married

as we had a son together , so had all pics everything in place when filing application put in everything you can

even if you think not applicable as it very well may be.

then wait and wait do not hassle them let it take its course the time will go quick i no hard but in the end its worth it !

I agree completely that a visit is almost mandatory and I wish that our circumstances had allowed it.

Now that we are in this situation my wife is still going to find it very hard to be able to take some decent amount of time off work for a good visit but it is definately a must do.

I also agree that add absolutely everything into your application wether it is deemed worthwhile or not as there is nothing worse than a knock back believe me.

Glad everythin went smooth for you and you wife

[derge]

With the photos ... try and think that the Immigration Dept is looking for.

Social integration ... a true relationship, evidenced over an extended period of time.

*Taken Kings Birthday Dec '12.

So, when the opportunity, I submit maybe 8 - 12 photos in total with the month/year, the occasion and the people in the photo.

The concept of 'Holiday Snaps' is of little interest, I presume, to the Dept'

Also have one in front of the Farm House with all the Family for use another time.

But, like most things here ... we all have different opinions ... maybe some folk think 40 pages of photos are the way to go (as someone did with their UK Visa application ... )

Best of luck to the OP for a successful application soon and thanks for sharing your experiences and decision notice.

* Have family's permission for displaying the photo.

.

Thanks for sharing your thoughts with me and I do agree that more time spent together would have made a big difference with the outcome and if there are poeple out there that were in a siutation similar to us where time together due to other obligations would be hard to manage then some detailed explanations with your submission to mitigate this and statements from work or people that can support your circumstances.

Great advise with the photos too about choosing what the picture says rather than just bulk of the couple in question on holidays together without other friends or family in them.

[electau]

When my wife applied for a 309 visa in 2007 it was done with the minimal documentation but it met the criteria for the visa, letter from sponsor and applicant, IMTs, telephone accounts, no emails and 24 photographs and I had been married for 6 months and had known my wife for one year before marrying. Supplied evidence of 3 trips to Thailand up to the time of application.

Edited December 13, 2012 by electau

[derge]

Thanks to all for giving the extra information that I wish I had found some time ago. If only I had come across this forum way back then lol.

I think that the people involved in this forum has some great knowledge and advice that can be gained by people like myself as it would have been much more beneficial to have know in the prior through other peoples learnings than to have to learn for ones self.

At least there is always light at the end of the tunnel and persistance and time will be on our side.

Cheers to all and I hope that other can learn from what is in these posts.

[David48]

I agree completely that a visit is almost mandatory and I wish that our circumstances had allowed it.

Now that we are in this situation my wife is still going to find it very hard to be able to take some decent amount of time off work for a good visit but it is definately a must do.

...

Keeping the lady's job and getting decent time away for a holiday is always a challenge.

What my gf did was to come over during Songkran holiday period.

She was lucky because she also was allowed a weeks holiday as part of her job ... so we combined those two together and she was able to visit for 10 days the first time and closer to 2 weeks the 2nd year.

Have a look at this ... australian-tourist-visa-application as some information I wrote there or some of the links might help you if your wife does decide to apply for a Tourist Visa as part of the long game to get her partner Visa.

Depending on where you live, the Airline SCOOT and (occasionally) AirAsia offer some cheap deals into Australia.

PM me if you need some help there.

Best of luck.

[Thanet]

OP: After taking a quick look at the DIAC information booklet on eligibility for spouse visa it appears your application did not even meet the minimum requirement of having been in a relationship for 12 months at the time of submitting the visa request. Even though the 12 months timeline is not referenced in the rejection letter it would have created a red flag. It would be a good idea to download and read the information booklet before taking any "next steps"

URL is http://www.immi.gov....lets/books1.htm

Best of luck...

True, and reading the refusal letter, the main issue seems to be that the applicant and her sponsor claimed to be in a marital relationship (with all that implies) but had only spent twenty days physically together. Rightly or wrongly, this fact along with the apparent lack of familial involvement on both sides made it appear to DIAC as if the sole purpose of the marriage was to facilitate the grant of a partner visa.

I'd suggest reapplying after the applicant has visited Australia and met the sponsors family.

[Thanet]

OP: After taking a quick look at the DIAC information booklet on eligibility for spouse visa it appears your application did not even meet the minimum requirement of having been in a relationship for 12 months at the time of submitting the visa request. Even though the 12 months timeline is not referenced in the rejection letter it would have created a red flag. It would be a good idea to download and read the information booklet before taking any "next steps"

URL is http://www.immi.gov....lets/books1.htm

Best of luck...

True, and reading the refusal letter, the main issue seems to be that the applicant and her sponsor claimed to be in a marital relationship (with all that implies) but had only spent twenty days physically together. Rightly or wrongly, this fact along with the apparent lack of familial involvement on both sides made it appear to DIAC as if the sole purpose of the marriage was to facilitate the grant of a partner visa.

I'd suggest reapplying after the applicant has visited Australia and met the sponsors family.

Just one correction on my previous post - the 'in a relationship for at least 12 months' rule applies only to de-facto relationships, where the applicant and the sponsor are not legally married.

Given that the OP is legally married to the applicant, this restriction would not apply. That said, in the case of being legally married, just the piece of paper is not enough to get the visa - the regulations mandate that the marriage is underpinned by a spousal relationship, and (reading the refusal letter) in this case DIAC seems to be of the opinion appears that:

1) Having met relatively recently and having only spent twenty days together since, the sponsor and the applicant have never lived as a husband and wife and have not forged a relationship that can be described as spousal. In DIAC's eyes, the marriage could be one of convenience, simply to get permanent residency in Australia

2) The relationship appears one-way, with the sponsor doing all the travelling to meet the applicant for very short periods of time separated by long intervals. The question is why the applicant made no attempt to visit the sponsor and his family during her time off (however short that may be), in a country where she is planning to spend the rest of her life. To DIAC, the relationship bears more hallmarks of a holiday romance than it does a marriage

Edited December 16, 2012 by Thanet