Another Aussie Story And Visa Help Required

[Bluetongue]

2 weks ago an Aussie turned up in the village down the road. I say Aussie but he's actually a Canadian with permanent OZ residency since about 2004. He was travelling on Canadian passport. He is 41. In tow was his brand new Thai girlfriend whose relationship to me is, grandaughter of my wife's eldest sister. She is late 20s. He was on his first trip to Thailand had met this girl in Phuket and less than a week later was here to marry her. I met him on the Sunday briefly and by mid Monday he had already paid sin sod of 150k to her Aunty who works with her and more or less brought them together. No mention of this was made to me. So given all this has already happened they had the wedding on the Thursday and we had a good time. His mum and dad flew over so it was big.Two blots on the week were this Aunty arguing with me and insisting they could get married at the Amphur with just his passport which eventually of course turned out to be impossible, and secondly the Aunty and others including the mother arguing over the split in the background unbeknownst to him of course. This section of the family is pretty dastardly but I think the girl is basically OK, fine he's gone back to Australia and she has moved back from Phuket to here, the Aunty has gone back to Phuket with her cut and can stay there. Thats the background.

He is going to try and get her over there, he has a decent job but has blown his savings recently. He is paying off a house. As I am the only one around with any decent facilities, internet scanner printer etc, I am more or less expected by the good side of the family to help this girl make a go of it which everyone agree's would be good for her. Now I know all the pitfalls etc and I really am not interested in all that just purely some advice. And he will be doing all the paperwork I will merely be sort of coordinating from this end.

He wants to get her a 3 month Visitor Visa SubClass 600 the replacement (as I have today found out) for the old 676 Tourist Visa. He would then look to lengthen that or apply for a 12 month. Whilst this might look to be the easiest I have concerns about her meeting the "reason to return to Thailand" criteria. She has no job, no money, no house, no land only a 10 year old son. Would it not be better in the long run to go for a fiance/partner visa and be done with it. Plus they have no intention of being tourist at all really. I realise this application would possibly be more time consuming, intensive and stressful and they are both impatient. Can anyone give some considered input, greatly appreciated.

[GrantSmith]

From the information here it seems DIAC is going to have a few problems if any visa process was to be started with this young lady...

The length of time the couple have known each other? Exactly, how long have they been together?

Is the marriage legal? There doesn't appear to be any mention of the "affirmation to be married" obtained from the Embassy in BKK or Conulate in HKT...

No job? But earlier you mentioned she works with her aunty? Or is it not really a job of any "substance"?

[Berek]

My sister in law had kids, land and money but couldn't get a tourist visa... Do NOT mention marriage in any way shape or form. For such a short liaison it will kill any chance.

[David48]

Mate (OP) ... you are too kind hearted.

Firstly ... not sure if a Canadian with permanent residency is the same as an Australian Citizen ... so that needs to be clarified really before any advice can follow.

What you have introduced us to the the new Tourist Visa ... the all improved 600 class!

676 Visa

600 Visa

About this (600) Visa

The Visitor visa (subclass 600) is for people who want to travel
Australia as tourists, for business or to visit family.

It is a temporary visa.

This visa has four streams:

• Tourist stream: for people travelling to
  Australia for a holiday, recreation or to visit family and friends. If
  you apply for this visa in Australia, you must be in Australia
  when the visa is decided. If you apply for this visa outside Australia,
  you must be outside Australia when the visa is decided.

• Business Visitor stream: for business people
  travelling to Australia for a short business visit. This includes going
  to a conference, negotiation or meeting. You must be outside Australia
  when you apply and when the visa is decided.

• Sponsored Family stream: for people travelling to Australia to visit their family. You must have a sponsor
  who might be asked to provide a bond. You must be outside Australia
  when you apply and when the visa is decided. You cannot apply for
  another visa after you have arrived in Australia.

• Approved Destination Status stream: for people
  from the People’s Republic of China who are travelling in an organised
  tour group. You must be outside Australia when you apply and when the
  visa is decided.

[Bluetongue]

No, not legally married although in the background I gave that info might not have been too clear. Anway I believe I read that permanant residents can sponsor visa applicants on the Immi web site today, please correct me if I am wrong.

The job she had with Aunty is not a job any longer for a start, she has moved back to Mum's home. Come on this is real if seeming unreal case as opposed to the fellow getting a lot of responses who hasn't even met the girl.

[harrry]

If they had married at the amper she would have some hope. Not having dont that she would be considered as just a short duration friend. I would think fairly low hope.

[GrantSmith]

Unfortunately OP if they weren't married legally then their 'marriage' will not be legally recognized by any country - Thailand, Australia or Canada.

A PR 'can' sponsor an applicant but like old mates in the other threads attempting to do similar (albeit with 'differing' circumstances), your friend really has a minimal chance of being able to attain a tourist visa for his 'wife'

Tell your friend if he's serious enough about this girl to fork over B150k to her Aunty then he will need to spend more time with his new 'wife' in Thailand.

Time is going to be a deciding factor in the visa being granted. Along with a stable job.

[simple1]

OP: The following URL should be of assistance & yes your friend's wife can apply if he is a permanent resident of Australia. Note that he must declare that wife has a child in case at some time in the future they wish to bring the child to Australia. Navigate to the booklets that provide the detail for eligibility criteria and hints on how to apply.

http://www.immi.gov.au/migrants/partners/partner/309-100/eligibility-married.htm#g

EDIT: Your friend will need to very clearly understand if the wife has documented sole legal custody of the child or not. Many problems are caused if the previous Thai or foreign partner still has a say on whether the child can depart Thailand.

Edited March 28, 2013 by simple1

[Bluetongue]

Thanks Simple1 any idea on time frame for processing a sub class 300 prospective marriage visa which is about the only thing the voluminous booklet does not mention. Also is this lodged through VFS or are they purely tourist visa's.

[simple1]

Thanks Simple1 any idea on time frame for processing a sub class 300 prospective marriage visa which is about the only thing the voluminous booklet does not mention. Also is this lodged through VFS or are they purely tourist visa's.

Sorry do not have recent experience, someone else should know & will post an answer

[Thanet]

Rule number one with Australian immigration is to tell them the truth right from the start. Since this couple are already married, applying for a fiancee visa would be fraudulent.

In the case of a tourist visa, the sponsor will be asked to state his relationship to the applicant - in this case he is her husband, which in view of the fact that she has no other means of financial support (a job) will certainly raise questions as to whether she will come back to Thailand at the end of her visit. The visa may be granted on the basis that the sponsor wants his wife to see Australia before committing to live there as a couple, and they should be honest about this, but immigration may still refuse the visa on the grounds that they don't believe she will return to Thailand, that she doesn't know her sponsor well enough, and (if the visa is granted) they may also put a 'no further stay' condition on the visa to make sure that she doesn't try to change her visa status in Australia. All said, worth a try, as the tourist visa is relatively cheap and easy to apply for, and the trip will be looked upon favourably when applying for the partner visa later on, in that she knows what she is letting herself in for.

As far as a partner visa goes, getting this visa requires much more than simply being married, as another poster in this forum (who was married but had only spent 20 days with his wife) recently found out. His visa was refused because immigration look for an enduring relationship in addition to the marriage, which this guy and his wife could not prove. Decisions in this area are highly discretionary, but the only sure way to get a partner visa is to know one another for a reasonable period before applying, and have evidence to show that you are genuinely in a spousal relationship.

Edited March 30, 2013 by Thanet

[simple1]

Rule number one with Australian immigration is to tell them the truth right from the start. Since this couple are already married, applying for a fiancee visa would be fraudulent.

In the case of a tourist visa, the sponsor will be asked to state his relationship to the applicant - in this case he is her husband, which in view of the fact that she has no other means of financial support (a job) will certainly raise questions as to whether she will come back to Thailand at the end of her visit. The visa may be granted on the basis that the sponsor wants his wife to see Australia before committing to live there as a couple, and they should be honest about this, but immigration may still refuse the visa on the grounds that they don't believe she will return to Thailand, that she doesn't know her sponsor well enough, and (if the visa is granted) they may also put a 'no further stay' condition on the visa to make sure that she doesn't try to change her visa status in Australia. All said, worth a try, as the tourist visa is relatively cheap and easy to apply for, and the trip will be looked upon favourably when applying for the partner visa later on, in that she knows what she is letting herself in for.

As far as a partner visa goes, getting this visa requires much more than simply being married, as another poster in this forum (who was married but had only spent 20 days with his wife) recently found out. His visa was refused because immigration look for an enduring relationship in addition to the marriage, which this guy and his wife could not prove. Decisions in this area are highly discretionary, but the only sure way to get a partner visa is to know one another for a reasonable period before applying, and have evidence to show that you are genuinely in a spousal relationship.

The OP has already stated the couple do not have a legally registered marriage in Thailand, from the sounds of it a marriage at a local Wat that was not registered at the Amphur

Edited March 30, 2013 by simple1

[krisb]

Married after 1 week!

Not much hope of visa.

[Bluetongue]

Some people are obviously confused. If a couple participates in a Buddhist civil ceremony then it is not a legal marriage. I already know this. Therefore I am enquiring about "Prospective spouse" Visa Class 300. It is not a partner visa. Reading into it, one has to notify intention of marriage if marrying in Australia, ie nominate a date. None of the information points to any minimum timeframe of relationship. Broadly speaking that is why I am asking here for people with knowledge of this particular visa class, other opinions based on a cursory read, a gut feeling and on an individuals level of understanding of the system are of course welcome but not very useful.

Therefore armed with the knowledge the guy can make up his mind about applying for aTourist Visa for her, with in my opinion not much chance of success based on no job, no land, no house ect or this class with whatever pitfalls there may be there. Whilst we on TV look on decisions and may see discretion it is of course the information that is contained in the application that is relevant not the information revealed on Thai Visa, so it may not always be discretion.

[krisb]

We had the 300 visa. Takes about 9 months to issue after lodging. All I or anyone can say is apply and see what happens. Simple as that really.

Thanet sums it up well I feel. (2 posts above)

Edited March 30, 2013 by krisb

[GrantSmith]

By all means he can apply for the Prospective Marriage Visa - considering he forked over B150K sin sod, what's the worst that could happen?

DIAC says no and he's pissed another B80K up the wall...

There's no substance to this relationship - it's not to say that it's not genuine - but there's just not enough ticks in DIAC's boxes for them to say yes...

Tell your mate to be patient, make a few more trips to Thailand, get his pseudo-wife a job and revisit this topic in 12 months - and tell us all it worked out...

[ozzycol]

Hey Guys here's my experience and the experience of a couple of mates who've recently bought their girlfriends / wives to the land of oz, as previously mentioned the couple are not "legally married" so would have to satisfy DIAC of a lasting relationship - 12 months minimum.

It has then been recently reported that it is taking up to 12 - 13 months from lodgement date for completion of prospective marriage visa.

My advise would be, get the application in as soon as possible and whatever you do don't lie as they are very tight on this even if you think it could be detremental - trust me they've heard pretty much everything.

Make sure you have dated photo's, correspondence etc.

By the way the wife has been here 5 years now and all's good and we have 2 great kids, hope it all turns out as good for you.

[David48]

Hi there Bluetounge.

Mate ... I tried to reply a few times but had major issues with my internet ... still have ... but at least have limited connection now.

Has your issue been resolved?

Maybe suggest to the man to go through the Immigration Dept's Visa Wizard and discover what his options are.

We presume that they are very limited ... but better this news comes form the Australian Government, rather then you.

Hope it works out well for you.

.

[Bluetongue]

For your information all, she got the tourist visa, three months, it took 6 days from lodgement. I think this guy owes me a few beers, the girl just bought me a carton but that may not be enough. I did draft a covering letter for her in which I addressed the reason to return question, 1 to look after the kid as granma was getting on and already has 2 others and, 2 both of them were serious and realised that their future together is reliant on the Aus Government discretion therefore she wouldn't over stay etc.

thanks to those who gave me a few pointers

[David48]

^^ Mate, thanks for coming back and updating this thread ...

.

[Bluetongue]

Actually its been harder for her to obtain a ticket, she can't do online as no credit card, he can't as they want the holder to be flying also and there is no office in Chantaburi. She went to Patts today and bought one.

[SeaVisionBurma]

Troll post removed

[wazzi]

Actually its been harder for her to obtain a ticket, she can't do online as no credit card, he can't as they want the holder to be flying also and there is no office in Chantaburi. She went to Patts today and bought one.

I have also found this a problem , but overcome it with Thai airways. I purchase the ticket with my credit card and have it verified by Thai airways in Sydney, Then no problems when my wife flys from Bangkok.

Qantas has also said I can do this but have yet to prove it as we usually fly Thai

Edited May 8, 2013 by wazzi