Partner Visa Application To Oz

[xerostar]

The app was lodged 2 weeks ago.

I had an email saying that a Stat Dec about my previous sponsorship was missing and that they would send a letter via post to me about it.

I immediatelyreplied by email requesting details, but it was ignored.

More than a 10 days and still no letter from the Embassy.

My wife received her letter 2 days ago. I got her to fax it to me today.

They stated that the average processing time is 9 months (!)

They have given my wife an interview date on 26th June.

They warn us not to bother trying to contact the embassy for any reason as would delay the app.

Now this is the bit that got my BP up:

"To expedite the processing of your case, please provide the following outstanding requirements

marked X. Originals to be submitted with a certified copies and translated to English.

X Undertake medical examination for yourself and each family member using approved forms.

X Stat Dec from your sponsor detailing his previous sponsorships."

The Person must have really checked our papers very thoroughly (NOT)

Because we already had the medicals done back in mid April at BNH hospital.

I assume the Hospital sent the docs to the embassy. (but I will check..)

I already supplied a detailed stat dec about my previous 2 sponsorships with the app.

No wonder they say 9 months! At the rate this case officer is going this is going to take forever.

If I'm already frustrated. How will I be in 5 or 6 months!!

Comments welcome.

[markww]

The app was lodged 2 weeks ago.

I had an email saying that a Stat Dec about my previous sponsorship was missing and that they would send a letter via post to me about it.

I immediatelyreplied by email requesting details, but it was ignored.

More than a 10 days and still no letter from the Embassy.

My wife received her letter 2 days ago. I got her to fax it to me today.

They stated that the average processing time is 9 months (!)

They have given my wife an interview date on 26th June.

They warn us not to bother trying to contact the embassy for any reason as would delay the app.

Now this is the bit that got my BP up:

"To expedite the processing of your case, please provide the following outstanding requirements

marked X. Originals to be submitted with a certified copies and translated to English.

X Undertake medical examination for yourself and each family member using approved forms.

X Stat Dec from your sponsor detailing his previous sponsorships."

The Person must have really checked our papers very thoroughly (NOT)

Because we already had the medicals done back in mid April at BNH hospital.

I assume the Hospital sent the docs to the embassy. (but I will check..)

I already supplied a detailed stat dec about my previous 2 sponsorships with the app.

No wonder they say 9 months! At the rate this case officer is going this is going to take forever.

If I'm already frustrated. How will I be in 5 or 6 months!!

Comments welcome.

I feel your pain ...its been 19 weeks for me and i'm not happy... in this day and age its unacceptable to take as long as the aus embassy takes, if they tried this shit back in australia with any other department the minister in charge would have their neck in a noose and the department would be under close attention of the media and senior members of parliment... but in our case they are only dealing with imigrants so let them wait........ if they didnt have me by the balls i would be jumping up and down ... but u have already read the letters, DONT CONTACT THEM, IT WILL ONLY DELAY YOUR APPLICATION!!! ... what great customer service they offer

[Mighty Mouse]

I have also found that trying to correspond with the Embassy via email is a waste of time, unless you have the direct email addy of the person you are trying to reach.

It seems that your case officer has misplaced/lost your original papers/stat. decs. regarding your previous sponsorships. It's not much use jumping up and down. Send original replacements.

If you had the medical examination done mid April and only submitted your application 2 weeks ago, the hospital report may have already been received by the embassy but not filed as they had no application from you.

Perhaps the hospital may be in a position to forward a duplicate report to your case officer. If not, get the medical done again.

The embassy staff make little effort to find missing papers. It's much quicker to send replacement documents.

It's a pain in the a$$ but that's our efficient government for you.

[xerostar]

Thanks for those comments.

I would have gone in, demanding that they find the missing papers.

It helps to know what will work, and what won't.

I'm still waiting to hear from BNH to confirm delivery of the Medical results

to the Embassy.

Getting the medical done for the wife was easy enough, but getting to two boys down

from Nahkon Sawan, hotel stay in BKK, hanging around the hospital for a whole morning, transport etc. it's not that simple..

I'll be spitting chips if I have to do that all again!

[xerostar]

Just received my letter from BKK Oz embassy.

It was postmarked 6th June (not sent "today" as stated in the email I got on the 31st May)

They want me to write a letter stating why I should be allowed to be a sponsor since I have already had my quota of 2. (one over 30 years ago and one over 5 years ago).

If the 3rd sponsorship is to be allowed it will have to be approved by the minister.

Looks like I'll be at the mercy of Amanda ..?

They say it can be allowed (amongst other things) if there are children involved or other compassionate grounds.

This will be my main argument.

The future welfare of my wife's children depends on my being their sponsor.

I also received an email reply from BNH.

They had forgotten to send my wifes medical results to the OZ embassy and

couldn't find any results for her two boys !!

I have replied telling them that the boys were tested the following day because we first had to

get provisional passport IDs for them. I was there, so I know it was done..

Lets hope they can find the results ..

Comments welcome ..

[Mighty Mouse]

The fact that they are inviting you to address the issue of past sponsorships should indicate that they have an open mind on the matter.

If the two previous sponsorships didn't result in any breach of visa conditions, then I can't see too much to worry about.

You would need to write a fairly detailed letter outlining the circumstances of the previous relationships (if that's what they were) and I would include statistical information on the high percentage of failed marriages in Western society, stating that the two sponsorship failures in the past are not unusual when compared to the statistics.

You could mention something about being discriminated against if they used your past relationship failures as a reason to reject your application.

You would then need to write in detail about the strength of this current relationship/marriage and why you believe that this one will last the distance.

Take a good look at the 'proofs of relationship' on the immigration web site and be guided by what you read there.

A strong letter from your partner on why she believes in this relationship would also help.

It seems that you have the ball rolling as far as the medical examinations are concerned.

[xerostar]

Thanks for the advice.

Actually I was in such a nervous state reading the letters headed "Australian Embassy" that I did not read the sub-heading which reads "Visa and Immigration Office, 37 South Sathorn Road"

So that means I am dealing with a case officer in CC Tower, not someone in the Embassy itself.

If the medical results go to the Oz Embassy, they may not know where to file them since our application has so far not got any further than CC Tower.

I will show proof to the case officer that BNH sent the results to to the Embassy when I give them the stat dec with the compelling reasons to allow a 3rd sponsorship.

A Quote to ponder:

“Perhaps I can sum it up this way: I want all Australians to be able to cast off the burdens that tie us down with shortsighted mentality. I want young Australians, industrialists, workers, entrepreneurs, the aged-indeed all Australians-to lift their eyes confidently beyond today's horizon and into the future before us.”

- Senator the Hon. Amanda Vanstone (maiden speech)

Liberal Senator for South Australia - 27 March 1985

According to that quote our application should be a mere formality ..?

[Ozspike]

Actually I was in such a nervous state reading the letters headed "Australian Embassy" that I did not read the sub-heading which reads "Visa and Immigration Office, 37 South Sathorn Road"

The embassy is at 37 South Sathorn Road and the CC building is at 889 South Sathorn Road, so it sounds like you are dealing with the case officer.

good luck

Spike

[xerostar]

Thanks for alerting me to that!

I'm not showing a cool head at all these days ..

[Ozspike]

I know what your going though we put in our fiancee visa app in April.

good luck

Spike & Pui

[xerostar]

I just had a call from my wife in Nakhon Sawan tonight.

The embassy called her today, saying that they can't find her medical results!!

They have the results from her 2 sons, but nothing for her!

I have already provided email evidence to the embassy showing that BNH results were sent to the embassy on the 9th June

(I had tp prompt BNH on the 7th June - they had forgotten to send them!)

I handed my letter to the gatekeeper at the Oz embassy personally on the 15th June addressed to the case officer called Atchareeya Kuldiloke.

That included my plea for them to consider my 3rd application for sponsorship. which will have to be OK'd by Amanda Vanstone.

The medical tests were done in April for god's sake (when I was there!).

I rang BNH tonight and they confirmed that the results were sent on the 9th June.

(can you believe them?)

This is unbelievable! Somebody is lying ..

My wife had her interview last Monday morning - they could have alerted her then, that her medical results were missing.

BNH is only 5 minutes away. She could have organised another medical the same day.

Now she is going to spend a whole day on the road in dangerous mini buses because some lazy shit can't file papers properly ....not to mention the costs.

My wife also said that the case officer expects the visa will probably be granted not sooner than 6 months from now !

One month away and I'm going crazy ...

This Immigration Department is a totally destructive burocracy that ruins peoples lives!!

THEY were the ones that would not issue another (4th) tourist visa - forcing me to either get engaged or married otherwise forget the lady who I fell in love with ..?!

In any case making us wait an obscene amount of time to give us her Visa is just not acceptable!

If any of you can wait that long without complaining, then I admire your strength.

[Mighty Mouse]

Yep, that's Amanda Vandstone's department. What else could you expect from her leadership?

[gburns57au]

This Immigration Department is a totally destructive burocracy that ruins peoples lives!!

THEY were the ones that would not issue another (4th) tourist visa - forcing me to either get engaged or married otherwise forget the lady who I fell in love with ..?!

In any case making us wait an obscene amount of time to give us her Visa is just not acceptable!

If any of you can wait that long without complaining, then I admire your strength.

This was a situation that I had been waiting for...as I plan on getting married to my girl on her next trip which doesnt require a visa application....(thanks to the 12 month ME she got last time)...I wont be in that situation.

It is my opinion that no government agency can force you to marry or relinquish a relationship. I would be writing letters to everyone I could including the newspapers and current affair shows, My state premier and the PM's office. I would also have a chat to some reporters I know. I know that it could be a lengthy process but I would fight it and urge others to do the same.

Regards the medicals....it sounds to me as if the hospital has stuffed up....they forgot to send them initially and it is more than likely that they have have not sent the full set of results to the embassy.

Does the hospital have to onsend the results or can you have the results sent to the applicant and then she includes them in her application ?? This to me seems a better way as the all documents are then in the same satchel.

Edited July 4, 2006 by gburns57au

[Ozspike]

QUOTE(gburns57au)"Does the hospital have to onsend the results or can you have the results sent to the applicant and then she includes them in her application ?? This to me seems a better way as the all documents are then in the same satchel."

I think they dont trust us to have our hands on the results in case we amend a bad result.

Spike

[Mighty Mouse]

It is my opinion that no government agency can force you to marry or relinquish a relationship. I would be writing letters to everyone I could including the newspapers and current affair shows, My state premier and the PM's office. I would also have a chat to some reporters I know. I know that it could be a lengthy process but I would fight it and urge others to do the same.

The government isn't forcing you to marry. That still remains your choice.

The government is controlling the amount of visas that it is prepared to approve.

I have stated in other threads that officially there is no limit to the amount of tourist visas an applicant can apply for. Likewise, each an every application will be judged on its merits. If there is a valid reason for applying, there is no set procedure to disadvantage the applicant by refusing the application.

The on-going process hinges on "valid reason."

If the applicant states in each and every visa application, that they are relying on the sponsorship and financial support of a particular person for touring purposes only, then the government (in practice) restricts the amount of tourist visas it is prepared to approve.

Thailand restricts farangs from living with their partners in Thailand with its own set of stringent visa restrictions.

[gburns57au]

Sorry MM, I have to disagree....first there is a limit on the amount of visas that can be applied for..they just dont say what that limit is or the circumstances involved.

I have never had anyone say to me that they were asked to make a further tourist application with different reasons, the answer and sometimes advice given by the Embassy is that a fiancee/spouse application will be needed for further trips here. Both of these visas require marriage. By this they are saying that unless you get married then your partner will not be approved to come here again. This in effect is forcing your hand.

What is wrong in bringing your partner here on holidays 6 times if that is what you both feel is an appropriate time period for you to get to know if you can spend the rest of your lives together ? It should be our choice not theirs. The onus should be on allowing you to ensure that you have a working and stable enough relationship to ensure that once your partner comes here to live that the relationship will last and the partner after grant of the PR will stay with you and not end up on the government purse. Perhaps thay see it as the more times you bring your partner here, the easier it is to prove an ongoing relationship and harder for them to reject fiancee/spouse applications on those grounds.

But once the Embassy tells you that you need to apply for a fiancee/spouse visa in order for your partner to come here then they are telling you that you have to get married. I must say also that I have spoken with people who have fought against this ruling by using MP's etc... and they have all been successful in overturning the decision to not grant further tourist applications.

regards

Graham

[Mighty Mouse]

Any Thai person who has financial independence and is of good character, will be granted unlimited numbers of tourist visas. There is no restriction placed upon anyone as to how many visas they can apply for. No government in the world can stop you from applying.

It is the Thai person who needs to be sponsored that will have a limitation placed on the number of tourist visas approved. This is an unwritten rule, but there must be a strong reason for it being applied.

Graham, you are arguing the unfairness of the ruling and I'm not disagreeing with that.

If you read my last post again, I'm only stating that the government is not forcing you to marry your Thai partner nor are they forcing you to apply for a spouse visa.

Both of those issue still remain your choice.

[gburns57au]

Any person who applies for a visa to Australia is limited to the amount of visas that will be issued for the purposes of tourism.

Yes you have a choice....

It is like an executioner asking if you want to die by electrocution or chemical injection....you can choose but the result is the same.

You can marry your partner and bring her here or....

You can try and continue a relationship based solely on you visiting her or you can go and live there.

It is a great choice isnt it..... which one would you take ???

Edited July 6, 2006 by gburns57au

[Pink Mist]

I dont agree with you MM, I have witnessed confrontation in the embassy (yes the embassy) people were refused tourist visas.

Burnsy you are right how many is too many??

It would be good if that was clarified

[Mighty Mouse]

I dont agree with you MM, I have witnessed confrontation in the embassy (yes the embassy) people were refused tourist visas.

Burnsy you are right how many is too many??

It would be good if that was clarified

Refused for what reasons? Please elaborate on your claim.

I can tell you from personal knowledge of a young Thai business woman, financially independent, who comes to and from Australia on numerous occasions. She does not nominate "touring" for the reason of travel. She travels as an independent, not needing sponsorhip from any Australian.

She travels with others in a similar situation to hers. No limitations placed on the number of tourist visas issued, but.....they only stay for short periods of time.

If you object to marriage, you can choose 'de-facto.' By bringing your g/f to Australia on a multiple entry visa, you are in effect living in a de-facto relationship with her whilst she is staying with you.

If your feelings for the girl are strong, surely you wouldn't object to continuing that arrangement on a more permanent basis.

..........and what about your girlfriends, wouldn't they expect you to make a decision as to to their future with you? Women need to plan their lives too.

[xerostar]

It's not so much the getting married or engaged bit that I object to.

It's the short length of time they allow you to make a decision.

We had "9 months" together, however a good part of that time I was at work, or asleep.

The actual time "together" and getting to know each other was far less than 9 months.

Some people may find living with a person for 9 months sufficient time to get to know

each other. However I think most authorities would recommend a longer period.

We had 3 x three month visitor visas and had to apply for a new one each time.

We did not breach any visa conditions. I provided proof that I was an able sponsor.

After the fourth application, A Thai woman telephoned my GF and said she could not grant

her another "tourist" visa.

I was there at the time, my GF was distraught.

I took the telephone and argued with the woman for 5 minutes, but she was adamant that

there was only one solution - apply for a Spouse Visa!

It states clearly in their rules that you must get married within 9 months of arrival

on a Fiancé Visa. Is that not "forcing" you to get married? OK you have "a choice"

I chose the less confrontational approach and got married first.

Either way, you still have to go through the "9 month" waiting period to get an immigration visa.

I did not want to make my GF wait all that time, remaining faithful, without me showing some

tangible commitment to the relationship.

I would not be surprised if most BF/GF realtionships completely break down during the waiting period.

The reasons being:

a) having only had "9 months" together (see above), they don't know each other that well.

the long period of separation, allows your feelings for each other to cool off.

c) The coincidental chances of your GF or yourself of meeting another potential partner are greatly

increased, the more time you are both apart.

Except when both of you become social hermits and you know how lonely that is ..

The number of Visitors visas should be "open ended" as long as conditions are not breached and the sponsor has the ability to provide support.

In contrast as I have said, the present arrangement must really suit the "Farang butterflies"

".. no more visas darling? - so sorry - goodbye." ... next please!

[Mighty Mouse]

Xerostar, I experienced exactly the same response from the embassy when my g/f applied for her third TV. We were told that the third would be the last and that we would need a spouse visa in future.

In my case, we had known each other for three years before she came out to Oz on her first TV however, I had no wish to marry and we applied for a de-facto visa, which was subsequently granted.

We had both given ourselves plenty of time to get to know each other before starting the TV process.

She will be soon applying for Australian citizenship.

The point that I am trying to make with my previous posts in this thread, is that I wasn't forced to marry because of some unwritten rule made by the embassy. It was my choice.

There are sure to be difficulties for an Aussie who falls in love with a Thai national.

It is far easier for two Aussies to fall in love, having plenty of time to get to know each other, but if you look at the divorce rates, you could be excused for believing that having all the time in the world to get to know your partner didn't help 50% of the Aussie population.

As an individual, you are still able to control the amount of time you need to get to know your Thai partner....provided you have unlimited amounts of money to be able to regularly travel to Thailand.

To state that one partner or the other may meet and fall for another person as a direct result of being apart, indicates that you aren't really certain of your feelings. If so, you may be better off staying single.

There must be a reason for this unwritten immigration policy. Perhaps if we knew the reason we may begin to appreciate their decision.

I still stand by my earlier statement that there is no limitation to the amount of tourist visas that will be granted to a financially independent Thai national.

Bronco says I'm wrong. I'll be most interested in his personal knowledge of this issue.

[gburns57au]

Most couples wouldnt qualify for a defacto visa...so that is not a choice for some...The 12 month multi entry does not assist here...as the entries are only for 3 months duration at a time...it is extremely difficult to pull a 12 month straight visa.

This Thai woman you speak of MM....are you sure that she applies for a tourist visa and not a short term business visa which have no such limitations. You did say she was a business woman.

I personally avoid the word tourism or tourist when we have applied, using the word holiday instead...my point being that there is a difference. I dont know if that would make a difference or not as I probably wont get to test it.

[Mighty Mouse]

This Thai woman you speak of MM....are you sure that she applies for a tourist visa and not a short term business visa which have no such limitations. You did say she was a business woman.

She definitely comes to Oz on tourist visas. The reason that she gave for her recent trip was "to attend an Iron Man Competition". She stayed for 10 days on that occasion. She will be out here again next month. She does not come to Australia for business reasons.

You state that "most couples wouldn't qualify for de-facto visas, so that is not a choice for some."

De-facto visas are more difficult to obtain, mainly because you need to convice the case officer of your objections to marriage, as well as being convincing about your intentions to maintain the strength and permanancy of the relationship. In order to do this you may need to expose your personal inner feelings/fears.

There is no "qualification" requirement for the de-facto category, and that option is provided by Immigration should anyone choose to pursue it. It won't be an option for those who can't or don't want to support their application by providing the evidence.........but it remains a choice.

Edited July 8, 2006 by Mighty Mouse

[gburns57au]

You state that "most couples wouldn't qualify for de-facto visas, so that is not a choice for some."

De-facto visas are more difficult to obtain, mainly because you need to convice the case officer of your objections to marriage, as well as being convincing about your intentions to maintain the strength and permanancy of the relationship. In order to do this you may need to expose your personal inner feelings/fears.

There is no "qualification" requirement for the de-facto category, and that option is provided by Immigration should anyone choose to pursue it. It won't be an option for those who can't or don't want to support their application by providing the evidence.........but it remains a choice.

To quote the immi website:

Sponsorship

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Generally, the sponsor is the partner of the applicant.

Relationship

You and your partner must have been in a de-facto spouse relationship for the entire 12 months immediately prior to lodging your application.

See: One-Year Relationship Requirement

The 12-month relationship requirement may be waived if one of the following situations applies:

you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.

all the following circumstances apply:

your partner is, or was, the holder of a permanent humanitarian visa

prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship

the department was informed of this before the permanent humanitarian visa was granted.

You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.

The 12 month relationship clause is the one that very few of us could qualify on.

[Mighty Mouse]

The 12 month relationship clause is the one that very few of us could qualify on.

I assume that this is the main point of your last post.

In your case your g/f has just completed a 12 month multiple entry visa. You don't need to be physically together for that 12 month period in order to be classified as "de-facto". You both therefore qualify for this category.

Other applicants will either get a 12 month multiple entry or up to three separate tourist visas. The separate tourist visas can be for any duration up to 12 months each. (These days the most likely time period is three months, although I have a mate who works for the Aust. Fed. Police and his g/f received 9 months.)

Provided the couples can show that the relationship is permanent and has endured over this time, the gaps in between each visa visit is deemed to be part of the on-going (de-facto) relationship. (as far as Immigration is concerned.)

This situation would apply to most applicants but you need to provide convincing evidence in order to gain approval for this category, and that's where many applicants take the easier path of proving the strength of their relationship by marrying. Their choice.

[gburns57au]

To prove a defacto relationship during the gaps you need to show that you have a one on one committed relationship, this requires such things as joint bank accounts, Mortgages or lease agreements in both names, electricity accounts in both names etc...the usual things that you would need to show a defacto here....just bringing the same girl here three times in a row over a year or several times on a 12 month ME visa is not enough. While some may have joint bank accounts here or at least a shared credit card, that on its own is not enough to prove the defacto.

As I said before...most people would not qualify for a defacto visa. This leaves them with little choice than to marry or try and maintain a relationship without their partners coming back here.

[Mighty Mouse]

Graham, you are trying to make a simple thing sound difficult.

The 'Proofs of Relationship' apply equally to fiance, spouse, de-facto, interdependent visas etc.

If you apply for a spouse visa, you are already married. You still need to prove that the relationship is genuine and on-going.

If you apply for a fiance visa, you are stating that you will marry within nine months. You still need to prove that the relationship is genuine and on-going.

If you apply for a de-facto visa, you are stating that you have no intention of marrying. You still need to prove that the relationship is genuine and on-going.

Out of the three examples, de-facto requires more effort to be put into the proofs for obvious reasons.

I did not and have not, any joint bank account with my g/f.

I did not and have not, any joint anything account/bill/mortgage etc. with my g/f.

Our case officer was well aware of these facts.

We live together as individuals, yet our relationship is as strong, if not stronger, than the majority of happy marriages. We were able to demonstrate this sufficiently for our visa to be granted.

If couples have only known each other for 12 months, it makes it more difficult for them to prove a genuine and on-going relationship irrespective of which visa they apply for. (with the exception of tourist visa.)

The longer that the relationship has been going, the easier it is to provide the proofs.

The example that you gave in your last post means that you will need to provide very strong proofs to convince the case officer of a genuine relationship.

You are implying that this would be impossible. Not so. Slighty more difficult maybe, but far from impossible.

I'm not trying to talk you or other people into applying for the de-facto category. I'm merely refuting your claim that the Immigration Dept. forces applicants to marry once all tourist visa options have been exhausted. You have a choice.

[gburns57au]

MM, I am not trying to make anything sound more difficult than it is.

The defacto visa unlike the other 2 visas require that you co habit for the entire 12 months prior to making the application. I would suggest that if there were small gaps of a couple of weeks in that 12 months that you were apart then it wouldnt be a problem, however if there were substantial gaps of a couple of months or more then that is where there will be a requirement for more substantial evidence such as I mentioned before.

Most of us use the first couple of visits to test the ground as to whether our partners like it here, whether we can live together for more than a few weeks at a time etc... We dont even start thinking about setting up house as a couple until we are virtually ready to bring them here full time. A lot of us cant afford to bring them back every couple weeks after they have left, so there are substantial gaps in the living together status. This is why most of us would not be accepted as a defacto couple.

And just to add to this, I have never heard of the embassy saying to anyone that you will need to apply for a spouse/fiancee/defacto visa next time. They merely state that you will require a spouse/fiancee visa next time.

You make the comment that there is a choice with the defacto visa and I agree that it is an option if you meet the requirements but as I mentioned, few of us would meet the requirements so it is not a choice for us at all.

I have spoken to someone about the limit of tourist visas issued and it seems that short visits of a couple weeks at a time will allow for more visas to be issued to an individual as against visits of a few months at a time. However....the Department still retains the right to limit the amount of visas issued to any one person depending upon the individual circumstances.

[Mighty Mouse]

This will be my last post on this subject as I think both of us have adequately given our respective views.

The Partner Migration book states:

Basic requirements.

For migration to Australia as a partner (spouse, finace or interdependent partner), the following basic requirements must be met.

Spouse.

You must be in a married or de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You can apply outside Australia or in Australia.

If you are living overseas and are engaged to be married to an Australian citizen, permanent resident or eligible New Zealand citizen and intend to marry that person before entering Australia, you must apply for a spouse visa but you must marry that person before a spouse visa can be granted.

It then goes on to state that you must prove to DIMIA that your relationship is genuine and continuing.

Under the Spouse category, the book states:

De facto.

Australian law also recognizes de facto spouses. De facto spouses live together as husband and wife but are not legally married. For migration purposes, de facto spouses must have been in that relationship for 12 months immediately prior to applying for a spouse visa, unless:

* your partner was granted a permanent humanitarian visa and was in the relationship with you before the visa was granted and this was declared to DIMIA at the time; or

* you can establish compassionate and compelling circumstances - these include having dependent children of the relationship.

(The highlighted text from DIMIA)

You state this:

The defacto visa unlike the other 2 visas require that you co habit for the entire 12 months prior to making the application. I would suggest that if there were small gaps of a couple of weeks in that 12 months that you were apart then it wouldnt be a problem, however if there were substantial gaps of a couple of months or more then that is where there will be a requirement for more substantial evidence such as I mentioned before.

In my case, my g/f and I were apart for periods of up to five months but it was all calculated by DIMIA as part of the de facto relationship.

We dont even start thinking about setting up house as a couple until we are virtually ready to bring them here full time. A lot of us cant afford to bring them back every couple weeks after they have left, so there are substantial gaps in the living together status. This is why most of us would not be accepted as a defacto couple.

This is one of the big problems with falling in love with a Thai national.

Your last sentence contradicts what is written in the Partner Migration book.

I have never heard of the embassy saying to anyone that you will need to apply for a spouse/fiancee/defacto visa next time. They merely state that you will require a spouse/fiancee visa next time.

That's because 'de facto' is part and parcel of the 'Spouse' category.

....the Department still retains the right to limit the amount of visas issued to any one person depending upon the individual circumstances.

100 % correct.

Graham, you are arguing against DIMIA's written guidelines. If you don't trust them that's your prerogative. If you choose marriage rather than the other available options, that too is your prerogative.

If you believe that you can't prove a genuine and continuing relationship or don't qualify for the de facto category, then that's your decision. You have to go with what you believe to be your strengths.

Give me some credit for having already been down this path. I weighed up the options available to me, employed a positive attitude, presented a strong application and was successful.

Everybody lives under different circumstances and I'm not suggesting that just because I was successful, every other person would be successfull too.