"special Case" Applications

[chareehusbee]

Howdy all. I must say that this is the best place I've found for finding out info on visas from Thailand!

This post is in regards to "special case" applications, because I'm starting to think ours falls into this category. The brief overview on our situation is that my previous spouse (of 7 years) applied for and received an Aus Spouse Visa less than 5 years go, but she never used it (didn't even activate it). Further, I was living in the US at that time. I fear that the Aus financial doc's I gave them may not be sufficient, tho I do have a good job now.

Does anyone have experience with i) "special case" scenarios, &/or ii) cases with previous applications ?

Specifically, in regards to timeframes.

I have a sneaking suspicion that they've requested the previous application from the Washington DC mission (which would also contain all my US financial/tax docs from before), which I imagine would slow things down a bit.

Ultimately, that would be in our best interest as that app was flawless. Plus they'd see that I'm not some scoundrel but a decent guy with a good job etc.

Any info would be greatly appreciated!

Mr Anxious

Edited February 16, 2006 by chareehusbee

[gburns57au]

Howdy all. I must say that this is the best place I've found for finding out info on visas from Thailand!

This post is in regards to "special case" applications, because I'm starting to think ours falls into this category. The brief overview on our situation is that my previous spouse (of 7 years) applied for and received an Aus Spouse Visa less than 5 years go, but she never used it (didn't even activate it). Further, I was living in the US at that time. I fear that the Aus financial doc's I gave them may not be sufficient, tho I do have a good job now.

Does anyone have experience with i) "special case" scenarios, &/or ii) cases with previous applications ?

Specifically, in regards to timeframes.

I have a sneaking suspicion that they've requested the previous application from the Washington DC mission (which would also contain all my US financial/tax docs from before), which I imagine would slow things down a bit.

Ultimately, that would be in our best interest as that app was flawless. Plus they'd see that I'm not some scoundrel but a decent guy with a good job etc.

Any info would be greatly appreciated!

Mr Anxious

As the previous visa was not activated then it shouldnt have any effect on your current application, I would say that if that visa was approved then that would be a plus...If the previous application was fairly recent then they may just look into it a bit deeper.

What special case scenario do you believe that you come under ??

[chareehusbee]

As the previous visa was not activated then it shouldnt have any effect on your current application, I would say that if that visa was approved then that would be a plus...If the previous application was fairly recent then they may just look into it a bit deeper.

What special case scenario do you believe that you come under ??

By "special case" I just mean not a normal straight-forward application.

The following was taken from the Embassy website from Bangkok:

It has been some time since we lodged our application in Bangkok yet there are cases that are approved in much shorter periods. Why is our case taking so long?

The law and procedures are applied consistently for every application. However, each application presents different issues and that usually determines the processing time. Whilst not exhaustive, the following issues can govern the time to finalise an application:

* whether a complete application has been lodged

* whether all the requested documents have been promptly submitted;

* whether the documents are in accordance with the format acceptable by the Embassy;

* any past record of the applicant's previous visits to Australia;

* any past record of previous applications at this or another DIMA office;

My previous spouse received her visa early 2003, but as I said, never activated it.

Why I think we might be considered a "special case" (taken from the 40SP form):

The number of approved sponsorships/nominations you can make is limited to 2, a mnimum of 5 years apart.

Since my previous spouse got her visa less than 5 years ago, is it gonna cause a problem?

We also figure that because she never activated it, it shouldn't be an issue. But if they have to check it out it means getting the app from the Washington DC mission which could take extra time (as per the former point).

Or do you think I'm just being paranoid and the app will be treated like other normal apps?

[Pink Mist]

dont want to be the bearer of bad news, 2nd application within 5 years pretty much sums it up, IMHO.

good luck anyway

[chareehusbee]

dont want to be the bearer of bad news, 2nd application within 5 years pretty much sums it up, IMHO.

good luck anyway

We thought that at first too, but time seems to prove otherwise. I think they would have rejected it right off the bat if it was an issue. They jumped right on it when we applied and I had to provide a statement about it, which I did. Then they proceeded with the interview and things. Surely they wouldn't waste everyone's time if we didn't fit the criteria from the start?

We are hopeful that the situation with it never being used etc will be enough to get a waiver...

[Pink Mist]

I really do wish you the best of luck, having dealt with the Australian embassy in BKK, I know what you are going thru.

[chareehusbee]

I really do wish you the best of luck, having dealt with the Australian embassy in BKK, I know what you are going thru.

I know, man, I know.

The worst thing of all is just not knowing. With a bit of communication and humanity on their part, the stress can be greatly reduced, imho. We're not too phased about the outcome, we just want to know what it is so we can get on with things. We have a stack of plans for either eventuality, but can't do anything until we find out. It's quite frustrating, because real-time decisions need to be made and can't be because of this.

[gburns57au]

On the 40SP form is a section just below the one you quoted.....this may apply in your case. the previous relationship has been abandoned and you have started a new long term relationship. You will have to prove that your current relationship is long term and ongoing...I dont want to give false hope as the department will make their own decisions and this rule is open to their own interpretation according to other supporting documentation in your application.

Interesting situation....keep us informed

[chareehusbee]

On the 40SP form is a section just below the one you quoted.....this may apply in your case. the previous relationship has been abandoned and you have started a new long term relationship. You will have to prove that your current relationship is long term and ongoing...I dont want to give false hope as the department will make their own decisions and this rule is open to their own interpretation according to other supporting documentation in your application.

Interesting situation....keep us informed

Yeah, that was part of the statement I wrote them. I did a bit of research on it. We believe that because my ex never used or activated the visa, then we got a divorce, all before my next marriage, it shouldn't be an issue. But you never know when you're dealing with the government...

An interesting situation indeed!

[Chris Lawrence]

My experience is that the Dept in Bangkok has never heard of the KISS doctrine.

Honestly, knowing how important this is in one's life, and the Dept won't give an answer on this issue? Mind boggling!

This is just the begining of the process. Once your wife comes to Australia, they have a 2 year process for approval of migrant visa. What is the problem?

It really smells of power and control, or a bad parent not wanting u to get to the lolly jar!!!

We had similar problem, in that my wife applied for protection visa whilst in Australia. Didn't go far, as we resolved to come back and apply offshore for a spousal visa. When we got to interview felt like criminal. The interview was like interrgation. I know why they stay behind the screen when doing these interviews, I am sure some people would be quite upset if they got similar treatment.

For the last 10 years I have worked in rehabilataion of drug and alcohol people. About 85% of our people were under probation and parole directives. If I did interview like this first women I woukd not be typing this post.

I never got a direct answer on wether our issue would be a problem. Indirectly they just kept saying we will let you know if there is a problem? When you go away and think about what is said, and having the experience of the first case officer, I was never at ease. I wrote 3 emails in December and January and never had a straight foward reply. Had to write to John, Kim and Amanda. This put rocket under them. Got approval on Visa.

If anyone can enlighten me on the principles the Bangkok Immigration work on let me know. I just think there from Special Branch Of the Keystone Cops.

[chareehusbee]

Fantastic news!!!

I got an email from Rob in Bangkok saying the 5 year requirement between sponsorships has been waived in our case because my previous spouse never activated her visa!!! Apparently, that's what was holding up our application (as we thought).

Hopefully it will be a quick turnaround on the result now!

Man, that's a load off my mind! That was the biggest question mark in our app. :D

[Chris Lawrence]

Fantastic news!!!

I got an email from Rob in Bangkok saying the 5 year requirement between sponsorships has been waived in our case because my previous spouse never activated her visa!!! Apparently, that's what was holding up our application (as we thought).

Hopefully it will be a quick turnaround on the result now!

Man, that's a load off my mind! That was the biggest question mark in our app. :D

Well it was the bleeding obvious? Why does it take 3.5 mths? to get this type of ruling. Everything now sounds good.

Regards

Chris

[chareehusbee]

Fantastic news!!!

I got an email from Rob in Bangkok saying the 5 year requirement between sponsorships has been waived in our case because my previous spouse never activated her visa!!! Apparently, that's what was holding up our application (as we thought).

Hopefully it will be a quick turnaround on the result now!

Man, that's a load off my mind! That was the biggest question mark in our app. :D

Well it was the bleeding obvious? Why does it take 3.5 mths? to get this type of ruling. Everything now sounds good.

Regards

Chris

Thanks Chris! You've been a great help with all this. Hopefully things will go smoothly from now and it will sort itself out. You might have paved the way for the rest of us...