Partner Migration To Australia Advice.

[aussiestyle1983]

Hi all,

This is our situation. I am a 23 yeard old Australian and my Thai partner of over 2 years is a 22 year old Thai lady. We have not legally gotten married here in Thailand yet be we had our wedding this July. We would like to migrate back to Australia some time around next August so we have plenty of time to get everything to gether. We have been living to gether here in BKK for over a year now and she has visited me in Aus before on a tourist visa. We have heaps of photos and other evidence of relationship to give to the embassy.

So with all that imformation, here are my questions:

1) What visa is easier to get, a fiance visa or a marriage (spouse visa?)

I ask this because some people have told me a fiance visa is easier to get, if this is so, we would not get legally married here, we would apply for the fiance visa and get married in Australia. If a spouse (marriage) visa is easier to get, we would just go ahead and get our marriage certificate here and apply as usband and wife.

2) What problems are we likely to encounter being young of age?

Thanks for all you help and advice.

Anthony

[gburns57au]

Hi all,

This is our situation. I am a 23 yeard old Australian and my Thai partner of over 2 years is a 22 year old Thai lady. We have not legally gotten married here in Thailand yet be we had our wedding this July. We would like to migrate back to Australia some time around next August so we have plenty of time to get everything to gether. We have been living to gether here in BKK for over a year now and she has visited me in Aus before on a tourist visa. We have heaps of photos and other evidence of relationship to give to the embassy.

So with all that imformation, here are my questions:

1) What visa is easier to get, a fiance visa or a marriage (spouse visa?)

I ask this because some people have told me a fiance visa is easier to get, if this is so, we would not get legally married here, we would apply for the fiance visa and get married in Australia. If a spouse (marriage) visa is easier to get, we would just go ahead and get our marriage certificate here and apply as usband and wife.

2) What problems are we likely to encounter being young of age?

Thanks for all you help and advice.

Anthony

As you are not legally married a fiance visa or a defacto visa are the options open to you.

There is little difference in the ease of obtaining either a spouse or a fiance visa, they are processed in the same manner.

Your ages would not create any additional problems.

[Mighty Mouse]

I'm not going to advise you which visa to apply for, but under the circumstances you mention, I'd say that you both would be able to submit a strong application for either visa.

This link will take you to the on-line copy of the Partner Migration Book.

Take a look at pages 4, 5, 17 and 18 in particular, but also read through the other pages paying some attention to page 22.

If you have any questions after reading this document, post them and someone will answer as best they can.

Cheers and good luck.

[Chris Lawrence]

Wouldn't it be great if you could pick up the phone and talk to someone at DIMA; you can do that in OZ? I know I have talked to DIMA here and got civil replys that make sence. Sorry for going off track, but I see these requests for information and my heart goes out to people in the process. There was a person to be appointed by DIMA Bangkok (ad went in about Feb 2006?) to help with applicants questions; hard to find out who this is?

[Mighty Mouse]

I know what you're saying, Chris.

It really comes back to PLANNING and PREPARING your application.

As you correctly state, a phone call to the Immigration Dept. in your Australian Capital City will always be answered by a helpful Immigration official. Not so when trying to get the same telephone service at the Australian Embassy, Bangkok.

As the vast majority of visa applications are sponsored by an Australian citizen, it makes sense for the sponsor to make all of the required enquiries at home before submitting the application in Bankok.

If all else fails, the DIMIA web site contains a wealth of information, as do previous threads in this forum, so most questions that people have can usually be adequately answered.

[Thai Chi]

Wouldn't it be great if you could pick up the phone and talk to someone at DIMA; you can do that in OZ? I know I have talked to DIMA here and got civil replys that make sence. Sorry for going off track, but I see these requests for information and my heart goes out to people in the process. There was a person to be appointed by DIMA Bangkok (ad went in about Feb 2006?) to help with applicants questions; hard to find out who this is?

This may be of some help to those contemplating partner migration to Oz.

"Staff from the Visa and Immigration Office of The Australian Embassy, Bangkok will be available to address queries and meet with applicants wishing to lodge Migration Visa Application at the Australian Visa Application Centre (VFS). Any applicant wishing to personally speak with an Immigration Officer about their migration visa application may do so by visiting the Application Centre between 2 PM and 4 PM each working Tuesday and Thursday of the week."

Recently added to the VFS web site.

[Mighty Mouse]

Thai chi, that's a step in the right direction by the embassy but a bit of a burdon for those people who need to travel to Bangkok just to ask a few questions.

If they also had a direct phone line to the immigration officer at the VFS it would be a lot better.

[Thai Chi]

Thai chi, that's a step in the right direction by the embassy but a bit of a burdon for those people who need to travel to Bangkok just to ask a few questions.

If they also had a direct phone line to the immigration officer at the VFS it would be a lot better.

Agree with both your points MM.

Visa officers are contactable at the Embassy each working day from 2 pm to 4.30 pm.

Our visa officers will be available to handle telephone enquiries from 14:00 to 16:30 hrs on weekday afternoons except public holidays.

If you wish to discuss any matter face to face with an officer of the Visa and Immigration Office you need to telephone and make an appointment.

Sometimes you get straight through to them, on other occasions, have a big cup of coffee handy while you wait

[Matt1036]

Hi Anthony;

I went thru the process during the last two years. My wife is here in Australia with me now and for the last 16 months (Time flies EXCEPT when you are waiting for visa approvals!)

The Fiancee Visa is supposed to be easier to get than a Spouse Visa - and I'd say this is correct - however despite all my research the thing no-one mentioned to me is that the Fiancee Visa is next to worthless. (including people who had just been thru the process - thanks again guys for nothing - seriously I just didn't ask the right questions! )

Little more than a 9 month tourist visa.

Get a Fiancee Visa like I did and on the day they hand it to your partner in Bangkok they will also give her a sheet of paper pointing out that she is NOT eligible for Medicare benefits or migrant English classes once in Australia. And of course, you will still need to legally marry in Oz within 9 months.

I did not see the woods for the tree that was right in front of me. I just wanted her here with me NOW and took what seemed to be the fastest option. Once she was here I still had to go thru it all again (another $A750 ) and apply for the spouse visa.

Conclusion. Legally marry your partner in Thailand and apply for a spouse visa. It will cost more initially but it is IMHO (based on 20-20 hindsight) the only way to go.

"Chok dee" mate and no matter what "jai yen yen". Enjoy.

[Mighty Mouse]

Thanks for that information, Thai Chi.

It seems that the embassy has made a positive step to improve their service.

Perhaps as a result, there will be less need for TV members to post questions on this forum.

[Mighty Mouse]

Matt, sorry to hear of your problems but thanks for sharing your experiences.

You have demonstrated that no matter which route you take there will be a big hole left in your wallet at the end of the trail.

My g/f and I took the de-facto route, which is under the Spouse category, and had no problems.

She was granted a Migrant subclass 100 visa which gave her immediate permanent residential status.

Unfortunately, applicants have control over which subclass of visa the embassy grants.

I think what we need to emphasise in this thread is that there is no guarantee that your visa application will be approved just because you are married. Applicants still need to put a lot of time and effort into the planning and preparing stage of their application.

[gburns57au]

I think what we need to emphasise in this thread is that there is no guarantee that your visa application will be approved just because you are married. Applicants still need to put a lot of time and effort into the planning and preparing stage of their application.

Never a truer word said MM....

[Jockstar]

It comes down to how you present the information. My wife was very thorough. Leaving nothing out. Something you think is no use to them. Include it. Better to give them more than enough info. Good luck. My wife and i got her visa a few weeks ago. I knew we would get it. But you just never know. Be prepared. DO NOT SKIP CORNERS! Personally i'd go for the spouse visa. As has been said it costs more at the start but all weighs itself up later. Good luck!

[gburns57au]

It comes down to how you present the information. My wife was very thorough. Leaving nothing out. Something you think is no use to them. Include it. Better to give them more than enough info. Good luck. My wife and i got her visa a few weeks ago. I knew we would get it. But you just never know. Be prepared. DO NOT SKIP CORNERS! Personally i'd go for the spouse visa. As has been said it costs more at the start but all weighs itself up later. Good luck!

The application cost of a spouse visa and the fiance visa is the same....the difference is that with the fiance visa is the cost of the second visa after marriage to gain the same result as the spouse visa.

I was glad to hear you got yours Jockstar...I was a bit worried that with the info you gave us that your app wasnt as strong as it could be...alls well that ends well though....g'donya

[Mighty Mouse]

It comes down to how you present the information. My wife was very thorough. Leaving nothing out. Something you think is no use to them. Include it. Better to give them more than enough info.

Well said Jock. That is the third important "P" in the application process : PRESENTATION.

This is followed by PATIENCE.

[Matt1036]

The application cost of a spouse visa and the fiance visa is the same....the difference is that with the fiance visa is the cost of the second visa after marriage to gain the same result as the spouse visa. Freemantle Premiers 2006!!!!

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Yep. That initial cost is currently $A1,340 (41,700 baht) and then if you take the fiancée first/spouse later route add another $A650 (not $A750 as I said earlier) (20,250 baht) when you apply back here in Oz.

If every baht counts then also remember that to marry in Australia, even at a registry office will still incur around another $A400 including the cost of the marriage extract that you will need to supply with the spouse visa application.

A couple of points for those who do take the fiancée visa then spouse visa route. Marriage celebrants in Australia, even the experienced ones, may not understand the system fully. I had one here in Oz refusing to marry us without a letter from the Thai embassy despite my partner being here and holding a fiancee visa - just another hurdle - your pulse rate hardly rises after all you have been through to get to that stage. Second point - keep an extra copy of all paperwork submitted for the initial fiancee visa - the documentation for the spouse visa application in Oz is almost identical so you can use most of it again - just updated and provide proof of living together - Joint bank accounts, joint names on bills, letters received, memberships etc etc. Keep everything that has both your names on it!

Anthony,

Take a look at

http://www.vfs-au.net/forms/Info_Sheet_1_P...lish_July06.pdf

Also on the point of your age being a problem - I doubt it will be. You are over 18 and most of us started making our own mistakes younger than you are now. As others have mentioned - do the paperwork fully and carefully and you should not have any problems.

I did say MARRY in my earlier post but really I meant spouse visa - defacto or otherwise.

Also if I seemed bitter about the process I didn't mean to be - every individual person we dealt with, both in Bangkok and in Oz was at the very least, professional, and in most cases, helpful, understanding and downright nice. All in all the people are cool - the system though - nuff said

One final point I would caution against the "plenty of time" syndrome - it can take a lot of time to put together the required paperwork - running back and forward and then back again between the police, the hospital, the government offices, the translation services etc etc.

Once again - good luck.

[Mighty Mouse]

Unfortunately, applicants have control over which subclass of visa the embassy grants.

Since we are correcting some of our statements in previous posts, that dope Mighty Mouse has made a blunder with the above sentence.

It should read: ....applicants have no control over which subclass of visa the embassy grants.

I'm sure you all realised what was meant.

[gburns57au]

Unfortunately, applicants have control over which subclass of visa the embassy grants.

Since we are correcting some of our statements in previous posts, that dope Mighty Mouse has made a blunder with the above sentence.

It should read: ....applicants have no control over which subclass of visa the embassy grants.

I'm sure you all realised what was meant.

well I was wondering......

[Mighty Mouse]

well I was wondering......

In that case you could be a bigger dope than Mighty Mouse.

[trina]

My thai partner and I have been together for 3 years and will soon be applying for a fiancee visa to go back to Aust.

We have lived together for 1 1/2 year, however we have not always had both our names on the apartment contract. Our current contract which has both names, however we have only been here for 6 months, prior to that we dont have proof of living together except one letter that we addressed to both of us at that address.

Do you think this will cause any problems in assuring them we have lived tog for over 12 months???

We also have emails to parents, that include info about us moving in together. i think im also best to include that ??!!

[gburns57au]

My thai partner and I have been together for 3 years and will soon be applying for a fiancee visa to go back to Aust.

We have lived together for 1 1/2 year, however we have not always had both our names on the apartment contract. Our current contract which has both names, however we have only been here for 6 months, prior to that we dont have proof of living together except one letter that we addressed to both of us at that address.

Do you think this will cause any problems in assuring them we have lived tog for over 12 months???

We also have emails to parents, that include info about us moving in together. i think im also best to include that ??!!

For a fiance visa, you need to show that you have a constant and comitted relationship...whether you have lived together or have lease agreements in both names is not a big concern...obviously if you had that proof then it would be advantageous to the application but it is only supporting info. After 3 years, you should have a lot of other supporting info for the application. Remeber that a fiance visa requires you to marry within 9months from the grant of the visa.

Any info that you think will help your application should be included, even if you think it is trivial.

[Mighty Mouse]

Trina, you should have started a new thread for your question.

If you have lived together for 1.5 years, how long before co-habitating were you in a relationship and in what country were you living together?

The reason I ask is that the fairly long length of time you have been together in a continuous relationship could have a bearing as to what subclass of visa you are issued with. The subclass will also depend on what category of Spouse Visa you intend to apply for, and if you are planning marriage, the country in which you intend to marry.

You should be able to obtain statements/stat. decs. from previous neighbours, friends, family etc. that can prove the length of your relationship. These will be just as good as any lease records showing joint names.

[aussiestyle1983]

Thanks for all your info guys, especially Matt.

We had our wedding in July here and it wasnt untill last week that we decided that we would apply for a spouse visa, so last Friday we went to the amphur with all the doccuments and now we are legally married here!

This is what we plan to do now, I have contacted all the people and places i need doccuments from and we are waiting for all the doccuments to arrive eg: bank statements, statutory decs, etc.

Once we have everything together, we plan to apply some time early November. The only worry is that I dont know if i will meet the criteria to be able to proove i can support my partner financially. This is because I have been working here, teaching (without a W.P.!!!) so I do not want to use that as proof as I have been working just in case it gets questioned. I do have savings of around 30,000 AUD back in Austalia and about 5,000 in a US bank account in the states. Do you think this will be enough to proove I can support her financially??? I will also get letters to say we will be living rent free in a family house when we return to make it look like our cost of living would be low. Is there anythimg else you think I could do or need to prove I can support her financially or do you think by showing my savings back home, that would be enough??? Any advice???

So once all the stat decs and doccuments arrive from back home in Aus, we will apply for her visa. Now I just have to deal with the fact that the immigration here has made it harder for us foreigners to stay here, hopefully now i am legally married they will just give me another Non - O visa so we can stay here together untill we can both get to Oz. Thanks for your help and let me know if there are any issues i need to consider,

Anthony

[dr_Pat_Pong]

Jeez. I hope that you were not teaching English. If that initial marriage was a temple marriage. you do need professional advice before you try for a visa to Oz.

[gburns57au]

All you can do is submit the application with as much supporting info as possible, The area of support is a grey area that comes under embassy discretion...They may ask for more info or for an Assurance of Support to be lodged, the AoS is done through Centrelink here and can be given by you and also friends or relatives. It would help if you had an employer in Oz who can give you a Stat Dec stating that you have a job to come to. The short story is that the Oz government want some assurance that she wont be a burden on the public purse.

As far as I know being married doesnt assist with getting a Non Immi O visa, but then that is a matter for Thai immigration and not Oz Immigration...there is a section here that deals with Thai visa matters...suggest you read that one.

Thanks for all your info guys, especially Matt.

We had our wedding in July here and it wasnt untill last week that we decided that we would apply for a spouse visa, so last Friday we went to the amphur with all the doccuments and now we are legally married here!

This is what we plan to do now, I have contacted all the people and places i need doccuments from and we are waiting for all the doccuments to arrive eg: bank statements, statutory decs, etc.

Once we have everything together, we plan to apply some time early November. The only worry is that I dont know if i will meet the criteria to be able to proove i can support my partner financially. This is because I have been working here, teaching (without a W.P.!!!) so I do not want to use that as proof as I have been working just in case it gets questioned. I do have savings of around 30,000 AUD back in Austalia and about 5,000 in a US bank account in the states. Do you think this will be enough to proove I can support her financially??? I will also get letters to say we will be living rent free in a family house when we return to make it look like our cost of living would be low. Is there anythimg else you think I could do or need to prove I can support her financially or do you think by showing my savings back home, that would be enough??? Any advice???

So once all the stat decs and doccuments arrive from back home in Aus, we will apply for her visa. Now I just have to deal with the fact that the immigration here has made it harder for us foreigners to stay here, hopefully now i am legally married they will just give me another Non - O visa so we can stay here together untill we can both get to Oz. Thanks for your help and let me know if there are any issues i need to consider,

Anthony

[gburns57au]

Trina, you should have started a new thread for your question.

If you have lived together for 1.5 years, how long before co-habitating were you in a relationship and in what country were you living together?

The reason I ask is that the fairly long length of time you have been together in a continuous relationship could have a bearing as to what subclass of visa you are issued with. The subclass will also depend on what category of Spouse Visa you intend to apply for, and if you are planning marriage, the country in which you intend to marry.

You should be able to obtain statements/stat. decs. from previous neighbours, friends, family etc. that can prove the length of your relationship. These will be just as good as any lease records showing joint names.

MM...

Trina has been with her for 3 years and living together in Thailand for at least 1 and 1/2 years. He is intending to apply for a fiance visa which means he is intending to marry in Oz.

He does qualify for a spouse/de facto visa, He will need to supply, irrespective of which visa he applies for, stat decs from at least 5 people who know them to confirm that the relationship is genuine.

He will be issued with the sub class of visa that applies in regard to which application he makes...

[Mighty Mouse]

MM...

Trina has been with her for 3 years and living together in Thailand for at least 1 and 1/2 years. He is intending to apply for a fiance visa which means he is intending to marry in Oz.

He does qualify for a spouse/de facto visa, He will need to supply, irrespective of which visa he applies for, stat decs from at least 5 people who know them to confirm that the relationship is genuine.

He will be issued with the sub class of visa that applies in regard to which application he makes...

You are quite right. Upon re-reading the post, Trina did state an application for a Fiance visa and my previous answer refers to a Spouse visa.

[Jockstar]

because I have been working here, teaching (without a W.P.!!!) so I do not want to use that as proof as I have been working just in case it gets questioned.

Do not worry about that. Tell them. They dont care that you dont have a work permit. You must tell them. DO NOT LIE! Tell the truth. I have had 2 friends apply for Oz visa and both got it. They are /were working the same as you. NO W.P.. Tell them. It will work in your favour. Tell them you are working if they ask. If they don't ask about a WP then dont offer the info. Also get a letter from your employer. Trust me it all helps your case. Good luck.

@ Burnsy and MM. Trina is female.

[Mighty Mouse]

@ Burnsy and MM. Trina is female.

I suspected that to be the case. That's why I didn't refer to any gender in my replies.

[gburns57au]

@ Burnsy and MM. Trina is female.

oh well...... change all my hers to hims,and all my hes to shes.......

Same applies no matter the gender but thanks for the heads up....come to think of it I should have known that too. Apologies to Trina.

Cest la vie....