Spouse Visa Australia - Dilemma

[Daniel Boon]

I am in complete sympathy for all the brave souls undertaking this route to visa given how difficult it seems;

I appreciate the hyperlinks provided earlier on the topic thanks mr simple1

My situation- I am Australian, married to a Thai and we have a 6month old child-we would like

to bring our daughter to Aus to be with my extended family in Adelaide and to educate our girl, but of course to regularly come back to Thailand to keep the cultural connection intact.

Here are just some of the so many questions I would like help on

1. Should I have my child made an Aus citizen and get her an Aus passport first? (She has a Thai passport in the pipeline).

2. Should I apply for a 600 visa-ie a vistor/tourist visa for them or should I go straight for the partner visa? We want to be in Aus around October

3. If I go for the partner visa first, can we still get a visa for her to come and live with me in aus albeit for a temporary 12 months?

4.What is the usual waiting time for them to be granted a visa to allow them into Australia?

5. Can I apply for the partner visa from Australia?

6.Is October this year a realistic goal? (I live up country in the NE and access to BKK is limited)

7.What are the benefits of using an agent-or arent there any?

I would be grateful for any informed and experienced advice

thankyou everyone

agents are just a further complication (which you have to pay for) ... I started this process about a year ago and was fortunate enough to talk with a Lady who had worked in Immigration (in Australia) for eleven years; she confided that they change the forms and rules regularly, so nobody has the 'experience' ... all documentation has to go to VFS first, and when they compile it, on-send it to immigration .... its best you have everything done, as each time you add stuff, they charge a fee

You must be up Ubon way ...

I disagree on the Agents part, we used an agent and my wife in 5 months got a Permanent resident visa straight off, no interim visa.

when ... as in what year?

[shadowmaster1971]

I am in complete sympathy for all the brave souls undertaking this route to visa given how difficult it seems;

I appreciate the hyperlinks provided earlier on the topic thanks mr simple1

My situation- I am Australian, married to a Thai and we have a 6month old child-we would like

to bring our daughter to Aus to be with my extended family in Adelaide and to educate our girl, but of course to regularly come back to Thailand to keep the cultural connection intact.

Here are just some of the so many questions I would like help on

1. Should I have my child made an Aus citizen and get her an Aus passport first? (She has a Thai passport in the pipeline).

2. Should I apply for a 600 visa-ie a vistor/tourist visa for them or should I go straight for the partner visa? We want to be in Aus around October

3. If I go for the partner visa first, can we still get a visa for her to come and live with me in aus albeit for a temporary 12 months?

4.What is the usual waiting time for them to be granted a visa to allow them into Australia?

5. Can I apply for the partner visa from Australia?

6.Is October this year a realistic goal? (I live up country in the NE and access to BKK is limited)

7.What are the benefits of using an agent-or arent there any?

I would be grateful for any informed and experienced advice

thankyou everyone

agents are just a further complication (which you have to pay for) ... I started this process about a year ago and was fortunate enough to talk with a Lady who had worked in Immigration (in Australia) for eleven years; she confided that they change the forms and rules regularly, so nobody has the 'experience' ... all documentation has to go to VFS first, and when they compile it, on-send it to immigration .... its best you have everything done, as each time you add stuff, they charge a fee

You must be up Ubon way ...

I disagree on the Agents part, we used an agent and my wife in 5 months got a Permanent resident visa straight off, no interim visa.

when ... as in what year?

2012

[shadowmaster1971]

For anyone interested Q22 on the following link explains the circumstances in which you can be potentially approved for a Partner Subclass 100 visa i.e., become a permanent resident of Australia and the provisional visa subclass 309 (the 2 year interim visa) is waived.

http://germany.embassy.gov.au/beln/Partner_FAQ_en.html

[Daniel Boon]

shadowmaster1971 ... what nationality is your wife Mate ?

[Dr Robert]

I am in complete sympathy for all the brave souls undertaking this route to visa given how difficult it seems;

I appreciate the hyperlinks provided earlier on the topic thanks mr simple1

My situation- I am Australian, married to a Thai and we have a 6month old child-we would like

to bring our daughter to Aus to be with my extended family in Adelaide and to educate our girl, but of course to regularly come back to Thailand to keep the cultural connection intact.

Here are just some of the so many questions I would like help on

1. Should I have my child made an Aus citizen and get her an Aus passport first? (She has a Thai passport in the pipeline).

2. Should I apply for a 600 visa-ie a vistor/tourist visa for them or should I go straight for the partner visa? We want to be in Aus around October

3. If I go for the partner visa first, can we still get a visa for her to come and live with me in aus albeit for a temporary 12 months?

4.What is the usual waiting time for them to be granted a visa to allow them into Australia?

5. Can I apply for the partner visa from Australia?

6.Is October this year a realistic goal? (I live up country in the NE and access to BKK is limited)

7.What are the benefits of using an agent-or arent there any?

I would be grateful for any informed and experienced advice

thankyou everyone

1. Should I have my child made an Aus citizen and get her an Aus passport first? (She has a Thai passport in the pipeline).

You can apply for baby’s Oz passport anytime, may as well do so now.

1. Should I apply for a 600 visa-ie a vistor/tourist visa for them or should I go straight for the partner visa? We want to be in Aus around October

I believe the average processing time for spouse visa is around 9 – 13 months, so no way would you get a decision within three months. If I was in your position I would apply for a three month tourist visa now and convert, via a bridging visa in Oz at least one month prior to scheduled departure. Note for a tourist visa she would have to provide a satisfactory reason for her to return to Thailand. If the tourist visa application is declined, she would still be able to apply for a spouse visa.

1. If I go for the partner visa first, can we still get a visa for her to come and live with me in aus albeit for a temporary 12 months?

See above.

4.What is the usual waiting time for them to be granted a visa to allow them into Australia?

See above

1. Can I apply for the partner visa from Australia?

See above

1. Is October this year a realistic goal? (I live up country in the NE and access to BKK is limited)

For a partner visa? No

1. What are the benefits of using an agent-or arent there any?

Oz government encourages people to apply without assistance of an agent. However, if you decide to do so, ensure the agent is registered

NB: If wife is granted a tourist visa ensure you obtain the Thai Police clearance before travelling to Oz, as it can be a hassle to obtain from Oz. Bring with you baby’s Thai vaccination documentation. Any Thai language doco such as birth & marriage certificates can be translated in Oz or if you prefer via an agency acceptable to the Oz BKK Embassy. Remember to obtain medical insurance for your wife prior to departure, as initially she will not be covered by Medicare.

Hope the above assists, but with any advice rec’d via the Web, cross check

very useful start and information thankyou-will follow up-the tip on insurance is a goodun

[Dr Robert]

For anyone interested Q22 on the following link explains the circumstances in which you can be potentially approved for a Partner Subclass 100 visa i.e., become a permanent resident of Australia and the provisional visa subclass 309 (the 2 year interim visa) is waived.

http://germany.embassy.gov.au/beln/Partner_FAQ_en.html

ironic that the germany embassy gives the most simple and comprehensive clarity to the questions as opposed to some of the bureacratic stonewalling obfuscation from the Thai Embassy-it seems like an impossible task.

Very appreciative of this excellent bit of information-thankyou

[Dr Robert]

I am in complete sympathy for all the brave souls undertaking this route to visa given how difficult it seems;

I appreciate the hyperlinks provided earlier on the topic thanks mr simple1

My situation- I am Australian, married to a Thai and we have a 6month old child-we would like

to bring our daughter to Aus to be with my extended family in Adelaide and to educate our girl, but of course to regularly come back to Thailand to keep the cultural connection intact.

Here are just some of the so many questions I would like help on

1. Should I have my child made an Aus citizen and get her an Aus passport first? (She has a Thai passport in the pipeline).

2. Should I apply for a 600 visa-ie a vistor/tourist visa for them or should I go straight for the partner visa? We want to be in Aus around October

3. If I go for the partner visa first, can we still get a visa for her to come and live with me in aus albeit for a temporary 12 months?

4.What is the usual waiting time for them to be granted a visa to allow them into Australia?

5. Can I apply for the partner visa from Australia?

6.Is October this year a realistic goal? (I live up country in the NE and access to BKK is limited)

7.What are the benefits of using an agent-or arent there any?

I would be grateful for any informed and experienced advice

thankyou everyone

Getting oz citezenship and passport for your daughter is pretty easy to do in bangkok,done it twice with both daughters, so you should do it.You have to remember that if your wife gets a tourist visa to come to oz she would more than likely have 8503 no further stay attached so she cannot apply for partner visa when she is in Australia.You should probably apply for a partner visa in Thailand and then apply for 12 month multi tourist visa so she she can at least be here for a while.No need for an agent,wife got her partner visa last year and it was all pretty straight forward.With all my dealings with the oz embassy in Bangkok ie: 2 daughters citezenships and passports and partner visa for wife i have found them pleasant to deal with.

that seems like sound common sense advice thankyou

[Khutan]

What I did which worked for my wife was I asked for a tourist visa without the 8503 condition because we would be travelling and potentially relocating to the UK and we may need the Visa extended by up to a month while I got my new job sorted while living in Australia.

The Visa was granted, we flew to Australia and applied for a bridging Visa while PR (Partner Migration) was being processed. One year and one month later my wife got PR in Australia. She was also able to get her bridging Visa amended so she could travel to Thailand to take care of a "Sick Aunt".

As other people have said, this option is only going to work if you intend to spend a significant amount of time in Australia.

From memory the visa cost is over $3k- AUD, so its not an undertaking to be treated lightly.

[Dr Robert]

What I did which worked for my wife was I asked for a tourist visa without the 8503 condition because we would be travelling and potentially relocating to the UK and we may need the Visa extended by up to a month while I got my new job sorted while living in Australia.

The Visa was granted, we flew to Australia and applied for a bridging Visa while PR (Partner Migration) was being processed. One year and one month later my wife got PR in Australia. She was also able to get her bridging Visa amended so she could travel to Thailand to take care of a "Sick Aunt".

As other people have said, this option is only going to work if you intend to spend a significant amount of time in Australia.

From memory the visa cost is over $3k- AUD, so its not an undertaking to be treated lightly.

excellent advice-really quite useful thanks Khutan

did you apply for the PR in Aus or Thailand? is it the case that if you dont have an 8503 condition you can apply in Aus?

what was the turn around time for the bridging visa? which city did you apply in (I dont think Adelaide has the facility)

and yes we intend to spend a signifcant amount of time in Aus and the cost is now above $7,000 AUD so its not taken lightly-thanks again for your help

[Daniel Boon]

What I did which worked for my wife was I asked for a tourist visa without the 8503 condition because we would be travelling and potentially relocating to the UK and we may need the Visa extended by up to a month while I got my new job sorted while living in Australia.

The Visa was granted, we flew to Australia and applied for a bridging Visa while PR (Partner Migration) was being processed. One year and one month later my wife got PR in Australia. She was also able to get her bridging Visa amended so she could travel to Thailand to take care of a "Sick Aunt".

As other people have said, this option is only going to work if you intend to spend a significant amount of time in Australia.

From memory the visa cost is over $3k- AUD, so its not an undertaking to be treated lightly.

for us, it was $8,580 for Wife and Daughter applying in Australia (as at May this year) with an approximate 15 month wait

and

under $6,000 via Thailand (Wife was not permitted to apply in Australia; they now put a 'no further stay' clause on many visas)

the point is, they change the rules regularly, so many opinions based on past successes are useless now ...

I repeat the 'do it yourself, don't use an agent' suggestion because YOU will need to know everything about it; YOU will be the one who still has to collate all the documents and send them to the agent who then on-sends it to VFS.

anyway, that's my two bob's worth, I will unfollow the thread ...

Edited August 16, 2015 by Daniel Boon

[simple1]

What I did which worked for my wife was I asked for a tourist visa without the 8503 condition because we would be travelling and potentially relocating to the UK and we may need the Visa extended by up to a month while I got my new job sorted while living in Australia.

The Visa was granted, we flew to Australia and applied for a bridging Visa while PR (Partner Migration) was being processed. One year and one month later my wife got PR in Australia. She was also able to get her bridging Visa amended so she could travel to Thailand to take care of a "Sick Aunt".

As other people have said, this option is only going to work if you intend to spend a significant amount of time in Australia.

From memory the visa cost is over $3k- AUD, so its not an undertaking to be treated lightly.

excellent advice-really quite useful thanks Khutan

did you apply for the PR in Aus or Thailand? is it the case that if you dont have an 8503 condition you can apply in Aus?

what was the turn around time for the bridging visa? which city did you apply in (I dont think Adelaide has the facility)

and yes we intend to spend a signifcant amount of time in Aus and the cost is now above $7,000 AUD so its not taken lightly-thanks again for your help

Not having the 8503 condition enables you to apply in Oz.

Looking at his visa cost, Khutan must have applied a while ago. Bridging visa, unless there is an immediate concern, is issued within 24 hours (think it's an automated workflow process). You apply electronically, your location within Oz is irrelevant.

http://www.border.gov.au/immiaccount

Edited August 16, 2015 by simple1

[shadowmaster1971]

shadowmaster1971 ... what nationality is your wife Mate ?

My wife is Thai

[richard peters]

Having Problems With My Wife’s Visa Application, (Australian Embassy in Bangkok)

(They are asking for a ‘Police Report” or similar from a country where she merely worked)

In a ‘sworn declaration’ made by my wife, to the Australian Embassy in Bangkok, she stated that both herself and her lawyers had contacted the <deleted> Embassy in Thailand and have both been told separately that these ‘Police Reports, etc’ are not available! I have researched the “Migration Act 1958” [+ Amendments] and associated ‘legal requirements’ at length, but nowhere have I been able to find (in the case of a ‘Visa Application’), where a “Police Report” from a country that the applicant has merely visited [and NOT their country of residence’], is required. (These are not available from most nations in this region, including China, because they consider them to be totally unnecessary and very time consuming).

2) I have requested from both the Office of the ‘Federal Immigration Minister’ and the ‘Australian Embassy in Bangkok,’ that the ‘text’ and ‘sub-section’ relating to “Visa Applicants’ requiring a mandatory “Police Clearance” (or similar) from a country that they have merely visited, be sent to me for an “expert legal opinion.” (As I have never received this information, I am beginning to believe that it does not exist within the Australian ‘Immigration Act 1958’ or its ‘Amendments’). I cannot see that this would become legal, when it appears that as in this case, such requirements are not possible for the “Applicant” to fulfill.

3) The Manager of the “Immigration Section” in Bangkok, then stated in a phone conversation to me that a mandatory “Police Clearance” (or similar) from a country that a ‘Visa Applicant’ has merely visited, is contained in “Section 4001” of the Immigration Act, so I duly researched this document and found that this was NOT TRUE.

“Section 4001” only refers to the necessity for “A FEW” and NOT all ‘Visa Applicants’ to be classed as “Persons of Public Interest” and to fulfill this requirement it appears that they must be a “suspected terrorist” or be a known “international criminal.” I asked why my wife had been unjustly classed in this category, when in fact she was working as a “health consultant and senior health practitioner?” The reply was that this is now ‘mandatory’ for all ‘visa applicants,’ but this is NOT LEGALLY STATED in “Section 4001” of the Immigration Act, so again this comment appears o be UNTRUE.

Furthermore, I took strong exception to the actions of the “Immigration Section” in Bangkok, with their decision to list my wife as a “Person of Public Concern,” or a “Controversial Visa Applicant.” She has no police record what-so-ever and does not fit into even one of the twelve and / or thirteen criteria requirements [respectively], as laid out under “Section 4001” or “Controversial Visa Applicants” in the ‘Australian Immigration Act 1958;’ - It is therefore ‘Not Mandatory’ and ‘Without Legal Basis,’ so it appears to be ‘Unsubstantiated,’ and ‘Discriminatory.’

4) I asked Xx Xxxxxx Xxxxxxxx at the Australian Embassy in Bangkok, why she had threatened my wife and the lawyer's consultant, by stating that a ‘Visa’ would not be granted if my wife could not produce a “Police Report” from the ‘<deleted> Government,’ and that it was a “mandatory” requirement? I also asked why they continued for around 2-months with this impossible and impractical request when both myself and our lawyers had told them that the <deleted> Embassy does not issue “Police Reports” for its ‘Visitors.’ I suggested that they should have discontinued this impossible request and searched for an alternative solution to this problem.

5) At this point the Department Manager intervened and stated that there was the provision for a “Waiver” in such situations where a request for information could not be met. If this is so, then why did the Australian Embassy waste around 2-months of everyone’s time, expenses and resources, with absolutely impossible requests that in many cases were NOT LEGAL. I find this to be rather amusing (LOL), as how can a ‘request’ be nullified when it was never ‘legal’ in the ‘first instance.’ I was also informed by the Manager, that Xx Xxxxxx Xxxxxxxx was still the “case officer” in spite of me having lodged a serious objection with Senator the Hon. Michaelia Cash, Assistant Minister for Immigration and Border Protection.

6) The question remains, - ‘Why did the Australian Embassy not take a few minutes on the phone to the <deleted> Embassy to verify everyone’s statements? Was it because they knew that they were acting improperly and did not want to be exposed? Has this has led to further lies from the Embassy staff concerned, in an effort to cover up their initial malpractices?

7) I finished my visit to the ‘Immigration Section’ of the Australian Embassy in Bangkok by commenting that I believed that they were both “incompetent” and very “unprofessional.” The Manager very diplomatically answered that I could lodge any further complaints with them (LOL); - Their department is the problem! I replied that any further complaints would be lodged at a “higher level” and he then stated that this would lead to further delays. My comment was that I was prepared to suffer this inconvenience, so he went on to remind me of their expected 12-month ‘decision making process.’ (I note that most ‘Visa Applications’ are processed in 6 – 8 months, so I suspect that some of the above comments were made as ‘veiled threats’). I strongly suggested that as a business and professional person with over 50-years of experience, that their ‘Department’ should lift their performance or I would be obliged to take this matter further!

Whilst the Embassy staff are very polite, one must instead, look at their actions: - They have a distorted ‘mind set’ of treating “Thai spouses,” (who have worked over seas), as particularly low class individuals. They should be regarding such applicants as superior, as they have more international ‘life-experience’ and have shown that they can successfully integrate into a foreign cultures. Regulations cannot be made ‘on the run,’ but follow a proper legislative process before they become “law.” Other cases show that this is a widespread policy of the Immigration Department and that they belong in the “dark ages,” as do many of the other practices in Australian Government Departments.

##############################################################

[Khutan]

What I did which worked for my wife was I asked for a tourist visa without the 8503 condition because we would be travelling and potentially relocating to the UK and we may need the Visa extended by up to a month while I got my new job sorted while living in Australia.

The Visa was granted, we flew to Australia and applied for a bridging Visa while PR (Partner Migration) was being processed. One year and one month later my wife got PR in Australia. She was also able to get her bridging Visa amended so she could travel to Thailand to take care of a "Sick Aunt".

As other people have said, this option is only going to work if you intend to spend a significant amount of time in Australia.

From memory the visa cost is over $3k- AUD, so its not an undertaking to be treated lightly.

excellent advice-really quite useful thanks Khutan

did you apply for the PR in Aus or Thailand? is it the case that if you dont have an 8503 condition you can apply in Aus?

what was the turn around time for the bridging visa? which city did you apply in (I dont think Adelaide has the facility)

and yes we intend to spend a signifcant amount of time in Aus and the cost is now above $7,000 AUD so its not taken lightly-thanks again for your help

Hi Dr Robert;

Yes, we applied in Australia, Lee Street Sydney to be precise. As its a state office, I would guess that the Immigration in 55 Currie St Adelaide would also provide the same service.

The bridging visa was granted on the spot as I already had the completed documentation and the fee for the Partner Migration Visa. Originally my wife got a Bridging "A" visa, however when she needed to travel, it was changed to a Bridging "B".

Some other observations from this thread. If you can give about a week's effort in total and you can follow a process, I would strongly suggest you do the documentation yourself and not use a Migration Agent. The biggest difficulty I had was finding a picture with myself and my wife in it every 6 months of our relationship. Other than that its a question of getting all the required documents together. I strongly recommend anyone taking this path to thoroughly read and understand this booklet https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf

I see Richard Peters is getting a huge run-around from the visa section in the Embassy in Bangkok. Unfortunately, they have "Discretionary Powers", the outcome of this being they enforce the migration act as they see fit. If you can get the process happening in Australia, they must follow the act completely and are also subject to proper appeal and process. Our Case officer in Australia was excellent and very kind, polite and helpful, unlike the minions at VFS BKK. If you read the booklet link I gave before, on Page 22, in the section called Character Test it says this:

In order for the Australian Government to determine whether or not applicants are of good character, applicants and dependents aged 16 years or over may be asked to provide police certificates for each country they have resided in for 12 months or more over the last 10 years (since turning 16 years of age).

So I am at a loss why the minions are asking for every country. As a final piece of advice Richard Peters, I would go back to the Embassy and ask to speak to the Consul or Deputy Consul. Explain you have a problem with the immigration process and is it possible for him/her to take it up with a Visa section Supervisor or manager. When you go to the embassy, only tell them you want to speak to the Consul or Deputy Consul and DO NOT give them a reason. You are not obliged to give a reason. If they say that person is not available, ask for an appointment again without reason.

A final tip for all applying in Australia; Lodge your application towards the end of the year or January. Hopefully this will get into the correct slot for it being granted in the following New Year.