AUSSIE temporary residency/ PR for my Thai wife

[andreas islinger]

my Thai wife of 1.5 years (been in relationship for 2.5 years) and myself (australian citizen 49) want to get the application going to get her the permanent residency. We are currently full time liveing in bangkok, but at some stage later in our lifes want to live half the year in australia.

we figure visa costs and the process is not getting easier and her having a good job and good income would help too.

one question i can't seem to find answers.

We understand we are applying for a partner visa, tht upon success will result in a TR visa (temporary residence)

From what i can gather this process takes roughly `1 year.

so after she receives her TM do we then have to live in Australia permanently for her to gain permanent residency status.... or can we keep living in thailand and wait ti out here?

very grateful for any answers

[jamesbrock]

Firstly, if you have been in a relationship for 3 years (or for 2 years if you have a child(ren) with your partner) your partner may be eligible for permanent residence immediately.

Secondly, provided that your wife enters Australia before the 'must enter by' date to activate her Temporary visa, there is no requirement actually migrate here permanently.

As per the Partner Migration booklet:

Temporary Partner visa (subclasses 309 and 820)

If you:

• lodge your Partner visa application outside Australia; and

• are outside Australia at the time you apply,

you must also be outside Australia when the temporary Partner visa (subclass 309) is granted.

If you:

• lodge your Partner visa application in Australia; and

• are in Australia at the time you apply,

you must also be in Australia when the temporary Partner visa (subclass 820) is granted.

If you are granted a temporary Partner visa, you will:

• have permission to travel to and from Australia until a decision is made on your permanent visa

application; and

• be able to work in Australia.

Approximately 2 years after you first made your Partner visa application, you will be assessed for the grant of the permanent Partner visa (subclass 100 or 801).

Permanent Partner visa (subclasses 100 and 801)

If you:

• lodged your Partner visa application outside Australia; and

• were outside Australia at the time you applied,

you can be either in or outside Australia when the permanent Partner visa (subclass 100) is granted.

If you:

• lodged your Partner visa application in Australia; and

• were in Australia at the time you applied,

you can be either in or outside Australia when the permanent Partner visa (subclass 801) is granted.

As per the Processing Arrangements for Partner (Permanent) Visas information sheet:

Where will the permanent stage of my partner visa application be processed?

When you applied for your Partner (Temporary) visa, you also made an application for your Partner (Permanent) visa. If you initially lodged your application at an immigration office overseas, the Partner (Permanent) visa will be processed by the Partner (Permanent) Processing Centre (Queensland) located in the Brisbane office. If you lodged your application in Australia, the Partner (Permanent) visa will be processed by the Partner (Permanent) Processing Centre (Victoria) located in the Melbourne CBD office.

If you are residing outside Australia at the time of assessment for your permanent partner visa, your application will be sent to your nearest Australian immigration office overseas for processing. Please ensure you provide your current residential address to the department.

Hope that helps.

[ozsamurai]

andreas islinger

if you read the beginning of the Partner processing visa thread the info plus more is there and all those who can advise you are there also..

http://www.thaivisa.com/forum/topic/736813-aussie-partner-processing-wait-times/

Oz

Edited October 20, 2014 by ozsamurai

[ozsamurai]

To address your question, once your visa has been granted you will have two posiibilities

TR (valid for 2 years) after which she will be assessed for PR. PR then gives her 2 years. After which a new visa needs to be granted.

Granted PR directly 4 years.

The TR or PR visa allows for travel in and out of the country as many times as you want for a period of 1 year after grant.

The kicker is that if she does not spend a period of 2 or more years cumulatively living in Australia during her TR or PR period, she is unlikely to get a renewal, then it is trashed, apply again.

The good news is that after the 2-4 years she is then entitled to apply for Australian Citizenship, then visas are no longer needed. Job done!

So to put it another way when you get your visa, spend 2 years there and gain Aust citizenship and never have to worry about it again.

Its in the booklet on the DIBP website

Oz

Edited October 20, 2014 by ozsamurai

[jamesbrock]

Sorry Oz, but I'm going to have to pick your post apart here; it's full of inaccuracies.

TR (valid for 2 years)

Incorrect. The Partner (Provisional) visa (subclass 309) is valid until:

• a decision is made about your permanent visa
• you are granted another type of visa
• your provisional Partner (Provisional) visa (subclass 309) is cancelled
• you withdraw your application for a Partner (Migrant) visa (subclass 100).

Other than one of the above four events occurring, it is indefinite.

after which she will be assessed for PR

Incorrect. About two years after you lodge your application for this visa, you will be assessed for the permanent Partner visa (subclass 100).

PR then gives her 2 years. After which a new visa needs to be granted.

Incorrect. PR is PR. That's it. Permanent Residency.

The TR or PR visa allows for travel in and out of the country as many times as you want for a period of 1 year after grant.

Incorrect. The partner category visa that you are granted will have a multiple re-entry facility, which means that you can leave, and return to, Australia as many times as you wish within a specified period.

• A Prospective Marriage visa (subclass 300) allows you to travel for 9 months from date of visa grant.
• A temporary Partner visa (subclasses 309 and 820) allows you to travel until a decision is made on your permanent Partner visa.
• A permanent Partner visa (subclasses 100 and 801) allows you to travel for up to 5 years from date of grant.

If your initial permanent Partner visa expires and you wish to continue to travel to and from Australia as an Australian permanent resident, you must obtain a Resident Return visa. Information about Resident Return visas is available from the department’s website www.immi.gov.au/migrants/residents.

[jamesbrock]

The kicker is that if she does not spend a period of 2 or more years cumulatively living in Australia during her TR or PR period, she is unlikely to get a renewal, then it is trashed, apply again.

Incorrect. As I wrote above, There are no particular residency requirements for the 100 portion of the offhore partner visa for the applicant - the applicant can be inside or outside Australia when the visa is granted. If the sponsor is a PR (not a citizen), then there is a "usually resident" requirement which could be an issue if they move offshore prior to the visa being granted - if the sponsor is an Australian citizen, this is not an issue.

The good news is that after the 2-4 years she is then entitled to apply for Australian Citizenship

Actually, under "Ministerial Discretions" in the Australian Citizenship booklet; Variation to the residence requirement:

I quote:

"If you have spent time outside Australia as a permanent resident with your spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia."

It is entirely possible for Andreas' wife to become a citizen with only one brief visit to Australia.

Edited October 20, 2014 by jamesbrock

[ozsamurai]

The partner category visa that you are granted will have a multiple re-entry facility, which means that you
can leave, and return to, Australia as many times as you wish within a specified period.
• A Prospective Marriage visa (subclass 300) allows you to travel for 9 months from date of visa grant.
• A temporary Partner visa (subclasses 309 and 820) allows you to travel until a decision is made on
your permanent Partner visa.
• A permanent Partner visa (subclasses 100 and 801) allows you to travel for up to 5 years from date
of grant.
If your initial permanent Partner visa expires and you wish to continue to travel to and from Australia as
an Australian permanent resident, you must obtain a Resident Return visa. Information about Resident

[ozsamurai]

Australian Citizenship application

Residence requirement
The residence requirement is based on the time you have lived
in Australia and the time you have spent outside Australia. The
Residence Requirement Calculator on the citizenship website
can help you calculate whether you meet this requirement.
General residence requirement
Permanent residents must:
• have been living in Australia on a valid Australian visa for
4 years immediately before applying which must include the
last 12 months as a permanent resident, and
• not have been absent from Australia for more than one year
in the past 4 years, including no more than 90 days in the
year before applying.

[jamesbrock]

The partner category visa that you are granted will have a multiple re-entry facility, which means that you

can leave, and return to, Australia as many times as you wish within a specified period.

• A Prospective Marriage visa (subclass 300) allows you to travel for 9 months from date of visa grant.

• A temporary Partner visa (subclasses 309 and 820) allows you to travel until a decision is made on

your permanent Partner visa.

• A permanent Partner visa (subclasses 100 and 801) allows you to travel for up to 5 years from date

of grant.

If your initial permanent Partner visa expires and you wish to continue to travel to and from Australia as

an Australian permanent resident, you must obtain a Resident Return visa. Information about Resident

That is exactly the same copy and paste I used. What part of that means?

The TR or PR visa allows for travel in and out of the country as many times as you want for a period of 1 year after grant.

?

Australian Citizenship application

Residence requirement

The residence requirement is based on the time you have lived

in Australia and the time you have spent outside Australia. The

Residence Requirement Calculator on the citizenship website

can help you calculate whether you meet this requirement.

General residence requirement

Permanent residents must:

• have been living in Australia on a valid Australian visa for

4 years immediately before applying which must include the

last 12 months as a permanent resident, and

• not have been absent from Australia for more than one year

in the past 4 years, including no more than 90 days in the

year before applying.

I never said that wasn't the case, in fact that's the exact same copy and paste I used in another thread the other day.

What I did say, was that, according to the Citizenship Booklet, under "Ministerial Discretions" if you have spent time outside Australia as a permanent resident with your spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.

I'm not arguing with you Oz, I'm just trying to help you and anyone else out there that is trying to make their way through this quagmire.

[Thanet]

Australian Citizenship application

Residence requirement

The residence requirement is based on the time you have lived

in Australia and the time you have spent outside Australia. The

Residence Requirement Calculator on the citizenship website

can help you calculate whether you meet this requirement.

General residence requirement

Permanent residents must:

• have been living in Australia on a valid Australian visa for

4 years immediately before applying which must include the

last 12 months as a permanent resident, and

• not have been absent from Australia for more than one year

in the past 4 years, including no more than 90 days in the

year before applying.

Worth noting here is that the Resident Return visa may only be granted to those who have spent at least two out of the past five years in Australia. If not, then the grant of this visa is discretionary.

People have lost their PR by not spending enough time in Oz.

[OffshoreMig]

The above information is outdated. Australian migration laws change frequently and readers are advise to check for the latest advice.  Partner visas are about to change,  sponsors will need to be approved prior to submitting a partner visa application. The start date of this change is not clear. It was to commence on APRIL 17 But had been delayed due to Australian Federal election. We can expect a number of significant changes to the Australian Migration System in the next 6 to 12 months.

Edited June 6, 2019 by OffshoreMig
FINISH COMMENT

[Chrisdoc]

To address your question, once your visa has been granted you will have two posiibilities
TR (valid for 2 years) after which she will be assessed for PR. PR then gives her 2 years. After which a new visa needs to be granted.
Granted PR directly 4 years.
The TR or PR visa allows for travel in and out of the country as many times as you want for a period of 1 year after grant.
The kicker is that if she does not spend a period of 2 or more years cumulatively living in Australia during her TR or PR period, she is unlikely to get a renewal, then it is trashed, apply again.
The good news is that after the 2-4 years she is then entitled to apply for Australian Citizenship, then visas are no longer needed. Job done!
So to put it another way when you get your visa, spend 2 years there and gain Aust citizenship and never have to worry about it again.
Its in the booklet on the DIBP website
Oz

Unfortunately I believe Thailand does not allow dual citizenship. If your wife becomes an Australian citizen she will lose her Thai rights. She would then need a visa to enter Thailand like any foreigner.

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[Will27]

13 minutes ago, Chrisdoc said:

Unfortunately I believe Thailand does not allow dual citizenship. If your wife becomes an Australian citizen she will lose her Thai rights. She would then need a visa to enter Thailand like any foreigner.

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Apart from the fact that you're addressing a post nearly 5 years old, it is also incorrect.

[jamesbrock]

On 6/8/2019 at 12:03 AM, Chrisdoc said:

Unfortunately I believe Thailand does not allow dual citizenship. If your wife becomes an Australian citizen she will lose her Thai rights. She would then need a visa to enter Thailand like any foreigner.

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On 6/8/2019 at 12:18 AM, Will27 said:

Apart from the fact that you're addressing a post nearly 5 years old, it is also incorrect.

Yes, it is incorrect. My wife is an Aussie citizen, and has retained her Thai citizenship. She has travelled to Thailand multiple times as a Thai - simply exit Australia with her Aussie passport, and enter Thailand with her Thai passport; then exit Thailand with her Thai passport and enter Australia with her Aussie passport.

 

Although Chrisdoc is quite correct about the above information being outdated. When I began reading the first reply I was thinking, "well, this guy is about 5 years behind" before realising it was me and the post is 4.5 years old!

[Chrisdoc]

Yes, it is incorrect. My wife is an Aussie citizen, and has retained her Thai citizenship. She has travelled to Thailand multiple times as a Thai - simply exit Australia with her Aussie passport, and enter Thailand with her Thai passport; then exit Thailand with her Thai passport and enter Australia with her Aussie passport.
 
Although Chrisdoc is quite correct about the above information being outdated. When I began reading the first reply I was thinking, "well, this guy is about 5 years behind" before realising it was me and the post is 4.5 years old!

It just came up in my feed and didn't notice the date. Am sort of dealing with it at the moment as she wants to live most of her time in Thailand and still come to Australia easily. Must have misread so good to be corrected.

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[Will27]

10 minutes ago, Chrisdoc said:

It just came up in my feed and didn't notice the date. Am sort of dealing with it at the moment as she wants to live most of her time in Thailand and still come to Australia easily. Must have misread so good to be corrected.

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First step would be to get her permanent residence.

[jamesbrock]

5 hours ago, Chrisdoc said:

It just came up in my feed and didn't notice the date. Am sort of dealing with it at the moment as she wants to live most of her time in Thailand and still come to Australia easily. Must have misread so good to be corrected.
 

 

5 hours ago, Will27 said:

First step would be to get her permanent residence.

 

In any case, unless you have a child together, she will need to spend at least a couple of years in Australia. Once she accepts that the rest is easy(ish).

[Chrisdoc]

In any case, unless you have a child together, she will need to spend at least a couple of years in Australia. Once she accepts that the rest is easy(ish).

She lived in Australia for years and has permanent residency. Her last 5 year resident return visa was in late 2016 but we have been in Thailand virtually since then. She doesn't want to lose Australian residency but don't really want to spend 2 out of 5 years in Australia.

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[jamesbrock]

4 minutes ago, Chrisdoc said:

She lived in Australia for years and has permanent residency. Her last 5 year resident return visa was in late 2016 but we have been in Thailand virtually since then. She doesn't want to lose Australian residency but don't really want to spend 2 out of 5 years in Australia.

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Oh ok. So that last RRV is still valid and she can return as many time during its validity.

[jamesbrock]

11 minutes ago, Chrisdoc said:

She lived in Australia for years and has permanent residency. Her last 5 year resident return visa was in late 2016 but we have been in Thailand virtually since then. She doesn't want to lose Australian residency but don't really want to spend 2 out of 5 years in Australia.

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Oh ok. So that last RRV is still valid and she can return as many time during its validity.

 

There is no limit to the number of RRVs one can apply for; however, there are residency requirements for subsequent ones - which will affect the length of validity.

 

So, she will either need to spend 2 out of 5 years in Australia, or apply for the 12 month RRV - assuming she can can demonstrate substantial ties that benefit Australia.

Edited June 13, 2019 by jamesbrock

[Chrisdoc]

Oh ok. So that last RRV is still valid and she can return as many time during its validity.
 
There is no limit to the number of RRVs one can apply for; however, there are residency requirements for subsequent ones - which will affect the length of validity.
 
So, she will either need to spend 2 out of 5 years in Australia, or apply for the 12 month RRV - assuming she can can demonstrate substantial ties that benefit Australia.

Thanks James. I talked to immigration but hard to get info. I know that she won't fulfill the 2 years out of 5 requirement but I think then she can get a 1 year RRV after the 5 years is up. Not sure what happens when the 1 year RRV is finished and whether she can keep on getting 1 year RRVs. My friend is in the same situation but he is in a high management position in a multinational. We (or she) just have a small business in Thailand. We are thinking of going to see a lawyer here. If I find any info I'll post in case others are in the situation.

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