Australian Partner Visa For My Thai Husband - Help

[Joyeuss]

Hi all, my husband and I have been together for 3 years, married for 1 with bubs #1 on the way. I live a very active life between Australia and Thailand and I am trying to work out the best visa to get my husband so that he can join me. So far I have found the partner visa to be most appropriate however there are some areas that I am not sure will fit our circumstances (details will follow). If you have been through the process or you know information about partner visas or migration to Aus, any advise would be GREAT.

My main concern is the length of time my husband and I will be staying each visit.Are there restrictions on residency in Australia, and lengths of times that one must stay.

We are setting up our business, work and financials so that we are not 'required' to be in either country for work, just contactable. Therefore leaving us free to come and go between the two. Would have a residential address in Aus but would only be there for 4 months of the year. (would normally just get tourist visa however we wish my husband to be able to work for the duration of the stay to cover expenses, as I will be looking after baby and the house.

Any help or advise would be much appreciated.

Joy

[krisb]

My wife's here in Australia on a partner visa. We firstly got the fiancee visa and then simply applied for the partner visa after we married here in oz. Was easy enough. Firstly diac issued a bridge visa then she got a temp visa which lasts 2 years but means she can stay here in Australia permanently basically. She can now travel freely between here and Thailand, work here in oz and gets Medicare. She also got the baby bonus here. Hope that helps you!

[krisb]

Also think after 6years total of being on partner/married visa, your hubby gets dual citizenship. For sure dual, quite sure of the 6yr time frame. So do your kids.

[Thanet]

I took my Thai wife over to Aussie, so I've been through this myself.

Partner visas are a two-stage process:

1) An initial two year visa that is conditional on your still being together for the two year period. To get this visa you need to show that you have an ongoing spousal relationship, and that you as the sponsor have means of support in Australia (a job) and a place to stay for you and your husband.

At the end of the two years, you are assessed by immigration to determine whether you are still together, and the assessment criteria include cohabitating, sharing financial and other resources, getting stat decs from two people who can attest to your relationship, the relationship having a social context, etc.

I'm not sure how that would work if you only spend four months a year in Oz.

2) A permanent visa that allows your partner to stay indefinitely in Australia is granted if you can prove that you are in an ongoing relationship per the above. The catch with this visa is that your partner will be required to spend two out of five years in Thailand to be entitled to an automatic renewal. Less than two years means that renewals are discretionary. People lose permanent residency for living outside Australia unless they can show ongoing strong links to the country - you are an Aussie and your child will be one too - but renewals of the permanent visa will be discretionary if your partner lives away.

Once your husband has his permanent visa, spending a total of three out of four years in Oz from the date of his first arrival on his conditional partner visa (or its grant date if he was in Oz at the time on another visa), with no more than 90 days of the past year spend outside Oz, will mean that your partner can apply for citizenship. This will obviously not happen if your partner only spends four months a year in Australia.

Your case seems borderline, as you don't intend to reside in Oz and partner visas are intended for residential purposes. You might want to get the opinion of a reputable migration agent before going to all the time and expense of a partner visa. More info can also be found at www.immi.gov.au

Edited March 23, 2013 by Thanet

[Khutan]

One thing to be careful of is the partner visa is considered a migration visa and they want the prospective partner to stay in Australia during the consideration period. They are given what is called a Bridging "A" visa which I think from memory is an 020 visa (if you apply in Australia). If you apply in Thailand, I think you will wait up to a year for processing and its over $2500 AUD application fee now. The visa is a 309 until the decision is made - here is a link to it from the Immigration website http://www.immi.gov.au/migrants/partners/partner/309-100/

Yes When you are in Australia, they will grant the odd Bridging "B" visa, which allows travel, however this is not a right of the bridging "A" visa holder.

Thanet; If you have all your paperwork available in the correct order etc, and you have been in a relationship for 10 or so years they will grant both of the 820 and the 801 visa at the same time, which happened to my wife and step-daughter. Our total processing time was just under 13 months and I would guess I was the cause of about 2 of the months wait.

[Joyeuss]

Thanks guys, that has helped a lot. It is difficult as I kind of reside in both, and yet my husband can't. Looks like I will have to reassess my living arrangements. Life can just get so tricky sometimes. We want to live in Thailand, but not indefinitely, and we want to live in Aus but not indefinitely. It seems we may have to pack up life in Thailand and come to live in Aus for 4 years out of the 6 and then apply for citizenship. It picking which 4 years that's the hard part!

Have researched children's citizenship and will apply through Bangkok embassy when bubs is born.

Just to check; In order for my husband and I to live a life in Aus and Thailand we would have to apply for the visa when coming to live in Aus for extended period would suit. Stay in Aus for a total of 4 out of 6 years and then apply for citizenship.

Also I read somewhere that if you have been married for 2 years and have a child together that they wave the two year waiting period, is that correct or is the time frame longer. It seems quite short.

MMM after writting that it feels as though I am trying to do something dodgy, but I assure you I'm not. My husband and I genuinely love each other, we are just trying to find a way to blend our lives together so we can meet each other half way. Not just trying to get my husband citizenship

[Thanet]

Thanks guys, that has helped a lot. It is difficult as I kind of reside in both, and yet my husband can't. Looks like I will have to reassess my living arrangements. Life can just get so tricky sometimes. We want to live in Thailand, but not indefinitely, and we want to live in Aus but not indefinitely. It seems we may have to pack up life in Thailand and come to live in Aus for 4 years out of the 6 and then apply for citizenship. It picking which 4 years that's the hard part!

Have researched children's citizenship and will apply through Bangkok embassy when bubs is born.

Just to check; In order for my husband and I to live a life in Aus and Thailand we would have to apply for the visa when coming to live in Aus for extended period would suit. Stay in Aus for a total of 4 out of 6 years and then apply for citizenship.

Also I read somewhere that if you have been married for 2 years and have a child together that they wave the two year waiting period, is that correct or is the time frame longer. It seems quite short.

MMM after writting that it feels as though I am trying to do something dodgy, but I assure you I'm not. My husband and I genuinely love each other, we are just trying to find a way to blend our lives together so we can meet each other half way. Not just trying to get my husband citizenship

>Just to check; In order for my husband and I to live a life in Aus and Thailand we would have to apply for the visa when coming to live in Aus for extended period would suit. Stay in Aus for a total of 4 out of 6 years and then apply for citizenship.

>> Correct - partner visas are intended for residents. The Australian Citizenship Act 2007 states that your partner needs to spend three out of four years physically present in Australia, with no more than 90 days out in the year preceding application to become an Australian citizen - not 6 years as has been mentioned elsewhere in this thread. That said, prospective citizens also have to intend to reside in Australia - not so in your case. Your husband will end up on a permanent visa, with the restriction that two out of every five years are spent in Australia. Your best bet would be to move to Australia and stay there until your husband becomes a citizen - something I had to do to ensure that my wife has the indefinite right to come back here.

>Also I read somewhere that if you have been married for 2 years and have a child together that they wave the two year waiting period, is that correct or is the time frame longer. It seems quite short.

>> Correct - if there are children, or if there is ample evidence of more than two years spousal relationship, then the two year waiting period may be waived. You will still need to prove that the relationship is genuine, by Australian standards - in my case I had a relationship that went back several years but had little documentary evidence to prove it. My wife and I had been living together in Thailand, but did not share bank accounts, bills, mortgages, etc. I chose to go the two year conditional route for this reason.

>MMM after writting that it feels as though I am trying to do something dodgy, but I assure you I'm not. My husband and I genuinely love each other, we are just trying to find a way to blend our lives together so we can meet each other half way. Not just trying to get my husband citizenship

>> nothing dodgy, but there is a lot of time and money involved in a partner visa. Partner visas are intended for people who want to make Australia their permanent home together with their partner - not so in your case. If you don't have a place to live and a means of support, and do not intend to make Australia your place of residence, then your application will be refused. For clear cut cases, you can apply for this visa yourself - in your case, I'd suggest a reputable migration agent who will look at your case and tell you whether it's worth it.

Edited March 24, 2013 by Thanet

[krisb]

Not so sure about them waiving the 2year bit. My wife and I had been together a while and then had a kid it made no difference to diac. Op keep in mind diac change the rules like the wind. Members here offer their advice according to their time of application. For the most up to date info, ring diac and ask away. As a suggestion write all your ?s down as I've always found they don't offer much info unless you ask.

[Joyeuss]

Ok that has cleared things up a bit, thanks. My husband and I have some thinking and talking to do.

Thanks

[Joyeuss]

In regards to sponsoring my husband, I have been outside of Aus for over three years, extended holidays but not living and working. I do not own a home, and I have not had a job. How would I actually go about sponsoring my husband? It makes it difficult for people who have been living with their partner abroad. There is always my Mothers home which is fully owned and she has always been willing to provide support and assistance for my husbands previous tourist visa. Obviously,we would be planning on living with family until we can find work and a place of our own.

[Thanet]

Not so sure about them waiving the 2year bit. My wife and I had been together a while and then had a kid it made no difference to diac. Op keep in mind diac change the rules like the wind. Members here offer their advice according to their time of application. For the most up to date info, ring diac and ask away. As a suggestion write all your ?s down as I've always found they don't offer much info unless you ask.

The rules on waiving the two-year requirement have not changed since I applied, and are are detailed here: http://www.immi.gov.au/migrants/partners/partner/309-100/how-the-visa-works.htm. That said, only where the applicant can show manifest evidence of a relationship that has been in effect for two years or more will he be able to side step the two-year rule. Evidence includes joint bank statements, rental contracts, mortgage contracts, photos, holidays taken together with passport stamps, as well as statutory declarations from at least two Australian people in good standing who have known the applicant and sponsor continuously for this period and can attest to the fact that they are a couple. In my case I could not produce information to the required level of detail, so went the two-year route, gathering the information required during the two-year conditional period.

The DIAC help line is generally vague, and has a reputation for giving out wrong or overly discouraging information. That's why most people who are borderline use a migration agent.

Given that the rules also state that notification of address is obligatory during the two-year period, and that this visa is for people intending to take up residence in Australia rather than for the simple convenience of a work permit, the OP would be well advised to seek professional advice before spending time and money on this. The requirement of a place to stay and an income is aimed at encouraging only people who can independently support themselves to migrate, reducing the likelihood that they will be a burden on the public purse. I migrated to Australia almost a year before my wife was able joined me, as it took me that long to set myself up in the financial crisis back in 2008 and meet the requirements as a sponsor of having a stable income and a place to live. Not having a job with a baby on the way and living with parents would be considered borderline, to say the least. The immigration help line is of no use in any borderline case.

Edited March 25, 2013 by Thanet

[Goinghomesoon]

Thanet is right - I know a couple with a young child that applied. They knew the rules and specifically asked in their cover letter to be assessed for PR straight up (bypassing the 2 year rule) and got it with no problem. That said, they had a long-standing relationship and lots of supporting documents and statements to support their application.

Contrary to what Thanet says though, we don't know anyone that has used a migration agent and hubby and I have a wide group of friends with spouses from Thailand both male and female. I know in our case, as soon as things got serious I started keeping every scrap of paper that related to our relationship, made sure we kept our phone records, bank statements etc to show calls and transfers between us. When we went to hotels we got them to put both names on the account, that type of thing. I didn't find it too difficulty - most of the evident they ask for is common-sense stuff really.

[David48]

I just enjoyed re-reading this.

Some great contributions here ...

.

[Joyeuss]

Not so sure about them waiving the 2year bit. My wife and I had been together a while and then had a kid it made no difference to diac. Op keep in mind diac change the rules like the wind. Members here offer their advice according to their time of application. For the most up to date info, ring diac and ask away. As a suggestion write all your ?s down as I've always found they don't offer much info unless you ask.

The rules on waiving the two-year requirement have not changed since I applied, and are are detailed here: http://www.immi.gov.au/migrants/partners/partner/309-100/how-the-visa-works.htm. That said, only where the applicant can show manifest evidence of a relationship that has been in effect for two years or more will he be able to side step the two-year rule. Evidence includes joint bank statements, rental contracts, mortgage contracts, photos, holidays taken together with passport stamps, as well as statutory declarations from at least two Australian people in good standing who have known the applicant and sponsor continuously for this period and can attest to the fact that they are a couple. In my case I could not produce information to the required level of detail, so went the two-year route, gathering the information required during the two-year conditional period.

The DIAC help line is generally vague, and has a reputation for giving out wrong or overly discouraging information. That's why most people who are borderline use a migration agent.

Given that the rules also state that notification of address is obligatory during the two-year period, and that this visa is for people intending to take up residence in Australia rather than for the simple convenience of a work permit, the OP would be well advised to seek professional advice before spending time and money on this. The requirement of a place to stay and an income is aimed at encouraging only people who can independently support themselves to migrate, reducing the likelihood that they will be a burden on the public purse. I migrated to Australia almost a year before my wife was able joined me, as it took me that long to set myself up in the financial crisis back in 2008 and meet the requirements as a sponsor of having a stable income and a place to live. Not having a job with a baby on the way and living with parents would be considered borderline, to say the least. The immigration help line is of no use in any borderline case.

At the time of application my husband and I will have been married for 2 years with a 2 month old child, had a joint bank account for 2 years and 9 months, I have my yellow Ta bian baan with my registerd as living at his address for 2 years 9 months. joint travel evidence going back 2 years and 7 months. Besides photos and stat decs that's about all the evidence we have. My husband owns his house and Amphur recognises his ownership but will not give him any paperwork so we can't have joint, no rent or mortgage and electricity bill is still in his sisters name from when she owned the house.

Do you think this would be enough? Our whole relationship has been in Thailand and it is difficult to show proof of joint anything because of the restrictions.

[Khutan]

Best thing is a photo of you every 3 months together in the same frame. Its east for the immigration officer to shh the change over the time period.

They understand that Joint Bank accounts leases and bills are not that common, however a Cable TV bill or others sent to Mr Joyeuss in the same time-frame that Mrs Joyeuss is paying the lease, Bank Statements, Phone Bills etc I have been told is acceptable.

[krisb]

Thanet is right - I know a couple with a young child that applied. They knew the rules and specifically asked in their cover letter to be assessed for PR straight up (bypassing the 2 year rule) and got it with no problem.  That said, they had a long-standing relationship and lots of supporting documents and statements to support their application.

 

Contrary to what Thanet says though, we don't know anyone that has used a migration agent and hubby and I have a wide group of friends with spouses from Thailand both male and female.   I know in our case, as soon as things got serious I started keeping every scrap of paper that related to our relationship, made sure we kept our phone records, bank statements etc to show calls and transfers between us.  When we went to hotels we got them to put both names on the account, that type of thing.  I didn't find it too difficulty - most of the evident they ask for is common-sense stuff really.

Hi, can you elaborate a bit more on the bypassing the 2 year bit? What was their reason for wanting this? Hope I'm not asking to personal of a question! I see the 2 year temporary part as just a cooling off period so to speak, which still gives all the benefits of the permanent visa anyhow, correct? I'm curious as it's the first time I've heard of this being done, hadn't even crossed my mind you could.

[krisb]

Predictive text mistake last word sorry. Should be crossed my mind before!

[Goinghomesoon]

Thanet is right - I know a couple with a young child that applied. They knew the rules and specifically asked in their cover letter to be assessed for PR straight up (bypassing the 2 year rule) and got it with no problem. That said, they had a long-standing relationship and lots of supporting documents and statements to support their application.

Contrary to what Thanet says though, we don't know anyone that has used a migration agent and hubby and I have a wide group of friends with spouses from Thailand both male and female. I know in our case, as soon as things got serious I started keeping every scrap of paper that related to our relationship, made sure we kept our phone records, bank statements etc to show calls and transfers between us. When we went to hotels we got them to put both names on the account, that type of thing. I didn't find it too difficulty - most of the evident they ask for is common-sense stuff really.

Hi, can you elaborate a bit more on the bypassing the 2 year bit? What was their reason for wanting this? Hope I'm not asking to personal of a question! I see the 2 year temporary part as just a cooling off period so to speak, which still gives all the benefits of the permanent visa anyhow, correct? I'm curious as it's the first time I've heard of this being done, hadn't even crossed my mind you could.

Kris don't worry about predictive....my initial post was appallingly constructed. Must have just woken up after a few night shifts

Bypassing the temp residence period means your spouse qualifies for citizenship faster. My friend's husband is not Thai but from a country where he experienced difficulty getting visas to various places they travelled for work & holidays. The quicker they could get citizenship (and an Aust passport) the better. As a permanent resident he would also be eligible for consular assistance from Australia if something horrid happened while travelling, but not as a temp resident.

Also spouse permanent residents are eligible for HECS whereas temp visa holders get charged international student fees. (The exception being the gratis AMEP English classes for those that don't read/speak good English).

The text on the Immigration website says "While it is not common for permanent visas to be granted less than two years from the date of application, in certain circumstances it is possible for a visa to be granted in this time. An example of when a visa may be granted within two years is when the relationship is long-term at the time of application (long-term is defined as three years, or two years if there is a dependent child, excluding a stepchild, of the relationship)."

Would be nice to hear back from the OP and see what they decided to do.

Edited August 20, 2013 by Goinghomesoon

[David48]

Would be nice to hear back from the OP and see what they decided to do.

I sent a PM to the OP inviting her to return and conclude or update her story.

Patiently awaiting her reply ...

[Khutan]

The OP may want to use this linky before making assumptions about Citizenship http://www.citizenship.gov.au/citizenshipwizard/