Moving Back to Australia with Thai wife/child within 4 Months

[djhartmann]

Hi all,

I'll try to keep this short and to the point.

I'm Australian, wife and I have been married for 1 1/2 years, daughter is almost 2, have been together for 4 years.

I have been working at the University here in Chiang Rai, wife has been a stay at home mum.

We were planning to move back to Australia the end of 2014, but it seems like we will be going sooner (December this year, 4 months from now).

Noting that the spouse visa can take up to 12 months to receive, what is the best way to fast-track emigration from Thailand to Australia?

We have heard cases of gaining a tourist visa first and then applying for the spouse visa once having arrived in Australia.

Wife has been to Australia once before on a tourist visa, baby doesn't have citizenship by decent yet, as it's not so convenient to get to the Australian Embassy in Bangkok from where we are in Chiang Rai.

Thanks for your advice,

DJH

[Rimmer]

Inflammatory post contributing nothing removed

[secretariat]

I'm in a similar situation as you (in as much as I'll be apply for a spouse visa in coming months for wife & newborn child to come to Australia). I certainly hope to have it much sooner than 12 months though. I've gone down the path of getting a tourist visa for wife, Australian citizenship/passport for baby & will apply for spouse visa (in Thailand) shortly before traveling to Australia for 3 months (whilst spouse visa is assessed).

You might want to note the current pricing for spouse visas that came into effect today (1st Sept) -

Partner (Subclass 309/100) - Applicant outside Australia - $3,085.

Partner (Subclass 309/100) - Applicant inside Australia - $4,575.

If you apply in Thailand & pay via immigration (in Australia) - $3,085. But if you apply in Thailand & pay via Australian embassy in Thailand - 97,400 baht.

[djhartmann]

As far as I thought, if you have a child together the price of the Spouse visa is nil?

Please double check that?

[simple1]

As far as I thought, if you have a child together the price of the Spouse visa is nil?

Please double check that?

Even though you have a child together you must pay for a spouse visa, details of the application process and current estimation of processing time at:

http://www.thailand.embassy.gov.au/bkok/DIAC_Partner_Migration_Visa.html

Edited September 1, 2013 by simple1

[Berek]

You could try for a tourist visa and hope there's not the dreaded no further stay stamp or go for the spouse and then apply for a tourist visa.. Second option is more likely to work out ok but remember your misses will have to got back to Thailand once it's granted. Hopefully you would get a 6 or 12 month multiple entry tourist visa to cover the time it takes.

[David48]

You could try for a tourist visa and hope there's not the dreaded no further stay stamp or go for the spouse and then apply for a tourist visa.. Second option is more likely to work out ok but remember your misses will have to got back to Thailand once it's granted. Hopefully you would get a 6 or 12 month multiple entry tourist visa to cover the time it takes.

^^ Good Advice.

You wife can apply for a tourist Visa, and most likely granted one, but there is the 'No Further Stay' condition. Next to impossible to have removed.

If you apply in Thailand for your Wife's Partner Visa, heaps cheaper ... but have to be back in Thailand to 'collect' the Visa. This is reported ... I've not experienced it personally.

So, as painfull as it sounds, maybe you have to leave your Wife in Thailand while you travel to Australia.

For the Partner Visa, while the website say 'up to 12 months' ... reports trickle in of the Visa being granted in significantly less times for processing ... comes a lot down to the completeness of the Visa application.

[djhartmann]

The Bangkok Embassy website states the processing time as being 3 Months.

So, to summarise this advice.

1. Got to pay the 97,000 Baht Partner Visa application, lodge forms.

2. Get our daughter's Aussie passport at the same time.

3. Hope and wait for it to be processed within the 3 months and then fly.

Sound right?

Edited September 1, 2013 by djhartmann

[simple1]

The BKK Embassy website states usually within 3 months, unless their are issues with the application. Are you saying 3 months is consistently not being acheived?

Visa application processing time

You can expect a decision on your application within 3 months from the day you lodge your application. The processing time may take longer if the application was incomplete at the time of application or if there are other issues with your application such as character issues relating to previous immigration history or criminal convictions, child custody issues, or if further medical checks are required. If your application is likely to take longer than 3 months you will be fully informed of the reason for any delays.

[Will27]

You could try for a tourist visa and hope there's not the dreaded no further stay stamp or go for the spouse and then apply for a tourist visa.. Second option is more likely to work out ok but remember your misses will have to got back to Thailand once it's granted. Hopefully you would get a 6 or 12 month multiple entry tourist visa to cover the time it takes.

^^ Good Advice.

You wife can apply for a tourist Visa, and most likely granted one, but there is the 'No Further Stay' condition. Next to impossible to have removed.

If you apply in Thailand for your Wife's Partner Visa, heaps cheaper ... but have to be back in Thailand to 'collect' the Visa. This is reported ... I've not experienced it personally.

So, as painfull as it sounds, maybe you have to leave your Wife in Thailand while you travel to Australia.

For the Partner Visa, while the website say 'up to 12 months' ... reports trickle in of the Visa being granted in significantly less times for processing ... comes a lot down to the completeness of the Visa application.

Hi David48

I noticed you posted the highlighted above before so thought I'd just clarify it.

The applicant only has to be offshore for the visa grant. So for example, if in Perth, can

do a visa run to Bali.

Not a biggie, but just thought I'd put it out there.

Regards

Will

Edited September 1, 2013 by Will27

[krisb]

You mention getting back in December. It may be possible to fast track the partner visa if there's reason to. You could always try.

[djhartmann]

Thank you for all of your suggestions.

I have seen that if we wait until our daughter is 2 years old (end of Dec), we will not require a sponsor in Australia.

Second, are there any cheaper ways for the wife to come and stay indefinately in Australia, whether via work conditions or other?

$3-4500 is a lot considering the amount we already have to cover in moving and associated costs back there!

[ikan]

cheaper: refugee boat to christmas island?

[djhartmann]

Hahahaha! Sure, the processing costs are cheaper, but those refugees have to pay upwards of $15,000 to get on those boats in the first place!

Are there any suggestions from people who have gone through this process recently?

[David48]

I have seen that if we wait until our daughter is 2 years old (end of Dec), we will not require a sponsor in Australia.

... you have quite confused me with this post?

You are Australian ... correct, an Australian Citizen, born in Australia.

Presuming the above to be true, if the child in question is your daughter by birth ... then she would be Australian by decent and not need a sponsor.

What are you referring to with the 'Sponsor' comment?

.

[djhartmann]

Correct, but will my wife need a sponsor?

[Will27]

Correct, but will my wife need a sponsor?

For a spouse visa.....yes.

[Geoff plus 2]

Currently going though the spouse visa process with my Thai wife. Basic details are: together 3 years (full time) married 9 months and have a 6 month daughter. Our baby girl already has received Australian citizenship via descent, and a Australia passport as well as a Thai passport.

Application lodged first week of July, within days we received via email paperwork/instructions for my wife's medical, now completed. After a few weeks we made inquiries to the embassy re progress of the application and were told all such applications are strictly processed in the order they are received and as such we now have wait till ours makes it way up to the top of the pile to be processed further. So far we have not received any further contact.

Also my wife received advice from a Thai forum (Ladyinter I think) that if she travelled to Australia on a tourist visa while her spouse visa is being processed, her spouse visa application would be suspended whilst she is in Australia and processing would only recomence once she returned to Thailand and notified the embasy of her return. I have no idea how correct this is, but if your thinking of using a tourist visa to get your wife to Australia while her spouse visa is being processed you may want to make further inquiries.

Lots of advice available on the internet on what you need to submit for a decision ready application.

Good luck with your application and big move, I'll update here again when our application progresses further so you have good idea of current processing times.

Sent from my GT-P3110 using Thaivisa Connect Thailand mobile app

[Will27]

Currently going though the spouse visa process with my Thai wife. Basic details are: together 3 years (full time) married 9 months and have a 6 month daughter. Our baby girl already has received Australian citizenship via descent, and a Australia passport as well as a Thai passport.

Application lodged first week of July, within days we received via email paperwork/instructions for my wife's medical, now completed. After a few weeks we made inquiries to the embassy re progress of the application and were told all such applications are strictly processed in the order they are received and as such we now have wait till ours makes it way up to the top of the pile to be processed further. So far we have not received any further contact.

Also my wife received advice from a Thai forum (Ladyinter I think) that if she travelled to Australia on a tourist visa while her spouse visa is being processed, her spouse visa application would be suspended whilst she is in Australia and processing would only recomence once she returned to Thailand and notified the embasy of her return. I have no idea how correct this is, but if your thinking of using a tourist visa to get your wife to Australia while her spouse visa is being processed you may want to make further inquiries.

Lots of advice available on the internet on what you need to submit for a decision ready application.

Good luck with your application and big move, I'll update here again when our application progresses further so you have good idea of current processing times.

Sent from my GT-P3110 using Thaivisa Connect Thailand mobile app

That is completely incorrect advise she's been given. Being on a tourist visa has no effect at all on the processing of the spouse visa.

As advised previously, the applicant has only to be outside of Australia for the granting of the spouse visa.

Regards

Will

[djhartmann]

Currently going though the spouse visa process with my Thai wife. Basic details are: together 3 years (full time) married 9 months and have a 6 month daughter. Our baby girl already has received Australian citizenship via descent, and a Australia passport as well as a Thai passport.

Application lodged first week of July, within days we received via email paperwork/instructions for my wife's medical, now completed. After a few weeks we made inquiries to the embassy re progress of the application and were told all such applications are strictly processed in the order they are received and as such we now have wait till ours makes it way up to the top of the pile to be processed further. So far we have not received any further contact.

Also my wife received advice from a Thai forum (Ladyinter I think) that if she travelled to Australia on a tourist visa while her spouse visa is being processed, her spouse visa application would be suspended whilst she is in Australia and processing would only recomence once she returned to Thailand and notified the embasy of her return. I have no idea how correct this is, but if your thinking of using a tourist visa to get your wife to Australia while her spouse visa is being processed you may want to make further inquiries.

Lots of advice available on the internet on what you need to submit for a decision ready application.

Good luck with your application and big move, I'll update here again when our application progresses further so you have good idea of current processing times.

Sent from my GT-P3110 using Thaivisa Connect Thailand mobile app

And you can confirm the payment of 97,xxx Baht?

[Geoff plus 2]

Not 100% sure but I think we paid 84,xxx baht as a application fee. Paid in cash at VFS when we lodged the application.

I think the fee is revised every year or every 6 months or everytime the Government needs to find more money so not surprised if its gone up.

If you check the embassy web site you should find links to current fees charged.

Sent from my GT-P3110 using Thaivisa Connect Thailand mobile app

[Jasun]

The fastest way to get through the process is to stay on top of them. Contact them every week, find out who your case officer is and call them directly. And if possible, provide a reason for the December deadline.

So long as everything is in order, you'll have oodles of time. It's faster through the embassy in Thailand than in Oz, and it might be quicker to go through BKK rather than up North.

Some tourists visas come with an annotation that prevents the holder from applying for a longer term visa (onshore).

No way around the costs, you'll need to pay up at some point. You can save money by doing it all yourself.

[djhartmann]

The fastest way to get through the process is to stay on top of them. Contact them every week, find out who your case officer is and call them directly. And if possible, provide a reason for the December deadline.

So long as everything is in order, you'll have oodles of time. It's faster through the embassy in Thailand than in Oz, and it might be quicker to go through BKK rather than up North.

Some tourists visas come with an annotation that prevents the holder from applying for a longer term visa (onshore).

No way around the costs, you'll need to pay up at some point. You can save money by doing it all yourself.

Thanks Jasun, good advice.

[David48]

Also my wife received advice from a Thai forum (Ladyinter I think) that if she travelled to Australia on a tourist visa while her spouse visa is being processed, her spouse visa application would be suspended whilst she is in Australia and processing would only recomence once she returned to Thailand and notified the embasy of her return. I have no idea how correct this is,

That is completely incorrect advise she's been given. Being on a tourist visa has no effect at all on the processing of the spouse visa.

As advised previously, the applicant has only to be outside of Australia for the granting of the spouse visa.

Regards

Will

That Ladyinter is a wicked site.

While we discuss life, the universe and everything ... it's only Visas, Visas and Visas there (apparently).

I actually joined but it's all in Thai and I don't read Thai ... should learn the Thai word for beer though ... that might be helpful ...

[secretariat]

Currently going though the spouse visa process with my Thai wife. Basic details are: together 3 years (full time) married 9 months and have a 6 month daughter. Our baby girl already has received Australian citizenship via descent, and a Australia passport as well as a Thai passport.

Application lodged first week of July, within days we received via email paperwork/instructions for my wife's medical, now completed. After a few weeks we made inquiries to the embassy re progress of the application and were told all such applications are strictly processed in the order they are received and as such we now have wait till ours makes it way up to the top of the pile to be processed further. So far we have not received any further contact.

Also my wife received advice from a Thai forum (Ladyinter I think) that if she travelled to Australia on a tourist visa while her spouse visa is being processed, her spouse visa application would be suspended whilst she is in Australia and processing would only recomence once she returned to Thailand and notified the embasy of her return. I have no idea how correct this is, but if your thinking of using a tourist visa to get your wife to Australia while her spouse visa is being processed you may want to make further inquiries.

Lots of advice available on the internet on what you need to submit for a decision ready application.

Good luck with your application and big move, I'll update here again when our application progresses further so you have good idea of current processing times.

Sent from my GT-P3110 using Thaivisa Connect Thailand mobile app

And you can confirm the payment of 97,xxx Baht?

djhartman,

It seems the payment figure is correct, if the embassy website is to be believed - http://www.thailand.embassy.gov.au/files/bkok/Visa_Visa%20Charges%20Sep13.pdf

But I got some great advice in another thread I posted here recently - that is, you are allowed to pay for the visa application directly to the Australian Embassy in Australia (If you are in Thailand, call the Australian Embassy (Australia) & use an Australian credit card to make payment?). According to the Australian Embassy website you are allowed to pay for the spouse visa this way. That way, instead of paying 97,400 baht you can pay $3,085 AUS instead (Obviously assuming you have ready access to Australian funds).

This is what I'll be doing, as based on current exchange rates I'd be saving over $300, even more if the exchange rate goes further down.

In regards to your other comment about the Spouse visa being suspended whilst a Tourist Visa is being used, I hope that isn't the case. This is what I'll be doing. I can understand that they would logically hold off on issuing the spouse visa during the tourist visa (as the applicant can't be in Australia at time of issue), but surely this doesn't stop the spouse visa being processed... I can't see this happening, especially when there's families involved.

[Will27]

The fastest way to get through the process is to stay on top of them. Contact them every week, find out who your case officer is and call them directly. And if possible, provide a reason for the December deadline.

So long as everything is in order, you'll have oodles of time. It's faster through the embassy in Thailand than in Oz, and it might be quicker to go through BKK rather than up North.

Some tourists visas come with an annotation that prevents the holder from applying for a longer term visa (onshore).

No way around the costs, you'll need to pay up at some point. You can save money by doing it all yourself.

IMO, that is one sure way to lengthen the process.

Badgering the CO will only 1. slow them down and 2. piss them off.

Sure if you have a legitimate question, but to phone them every week

isn't a wise thing to do. Imagine how much time would be wasted if every applicant

phoned them weekly.

To be honest, if you submit a good application, you shouldn't need to contact them again

and if they require something, they will contact you.

[Surin13]

DIAC told me about a year ago if you have a current tourist visa which is unused and apply for a partner visa (or any other visa) that it will cancel the tourist out. DIAC don't like people applying for a tourist visa first then a PV or PMV. They seem to prefer you do it the other way around. If I was you I would check this with DIAC for the current situation as it seems to change often.

[silomsalai]

I had a very similar situation to the OP.

In 2006, I took my 2yo daughter, 5yo daughter and Thai wife and her 8yo son into on Tourist Visas - with return airfares.

Once happily in Oz, we applied for permanent residency for my wife and her son. Once the application was made, a 12 month bridging visa was provided for the wife.

A hell of lot easier to deal with DIAC in person in Oz.

And SO much better for the family as we were all together and not waiting for the long process.

Its not the norm, but I did it on the advice of someone in DIAC.

[secretariat]

DIAC told me about a year ago if you have a current tourist visa which is unused and apply for a partner visa (or any other visa) that it will cancel the tourist out. DIAC don't like people applying for a tourist visa first then a PV or PMV. They seem to prefer you do it the other way around. If I was you I would check this with DIAC for the current situation as it seems to change often.

I could be wrong, but I get the impression that there doesn't seem any definite rules which apply (otherwise it would be logically for DIAC to have this information on their website, or somewhere within the forms that you need to fill out).

My guess is that it seems to come down to what mood your case officer is in on any given day. So might be best to find out if it's DIAC policy stating that tourist visa would be cancelled, or whether it was an individual's opinion working on the application.

There's no good reason for this to be the case for a legitimate application, particularly if children are involved.

[Will27]

DIAC told me about a year ago if you have a current tourist visa which is unused and apply for a partner visa (or any other visa) that it will cancel the tourist out. DIAC don't like people applying for a tourist visa first then a PV or PMV. They seem to prefer you do it the other way around. If I was you I would check this with DIAC for the current situation as it seems to change often.

I could be wrong, but I get the impression that there doesn't seem any definite rules which apply (otherwise it would be logically for DIAC to have this information on their website, or somewhere within the forms that you need to fill out).

My guess is that it seems to come down to what mood your case officer is in on any given day. So might be best to find out if it's DIAC policy stating that tourist visa would be cancelled, or whether it was an individual's opinion working on the application.

There's no good reason for this to be the case for a legitimate application, particularly if children are involved.

There are definite rules which apply. There is nothing on the DIAC website about the above because it is not correct.

There are different scenerio's for applying onshore and offshore but applying for a spouse visa whilst on a tourist

visa does not cancel the tourist visa.

An example, if your partner is on a tourist visa in Australia without "8503" No Further Stay condition, and applies

for a spouse visa, the tourist visa that she is on remains in place until it ceases. Once the tourist visa ceases, a

bridging visa A will then come into effect whilst the spouse application is being processed.

Edited September 3, 2013 by Will27