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Posted

I'd like to bring my Thai wife for a long stay (say 12 months) and we'd like her to be able to go back home during this period? I'd like to know ups and downs compared with a single entry for 3 months. Advice on, degree of difficulty in obtaining, and whatever reason that may hinder the application would be appreciated.

Posted

The multi entry tourist visa is not intended for long stays, it's for more than one short stay for tourism purposes. If they think that you are using it as a substitute for a residence visa then they will likely refuse it. When you apply, keep in mind that they are looking for compelling reasons as to why your wife will return to Thailand at the end of her trip.

Posted

Above comment is correct. I live in los with the tgf. She currently has a 12 month multi entry. Entered once already for less than month. About to repeat in February. Will squeeze one more in just before it expires towards end 2016. That visa is not about having her here for a year and she do brief.....'ish visits back home.

Posted

Might add ......the single entry visitor visa won't suit either because they won't just issue them back to back . You need look at perhaps partner visa down the track.

  • Like 1
Posted

Multiple entry visa lengths have been a bit of a lottery lately. I've had people in fairly similar circumstances ask for 12 and get 3 months. Ask for 3 and get 12. Ask for 6 and get 12. There's no particular harm in asking for a longer period, but in the end the individual case officer will make a decision. They won't tell you why so there's no particular way of determining the "difficulty" of getting any particular length of time.

  • 2 months later...
Posted

Also something to be aware of: more than 183 days in Australia means you need to file an Aus tax return and apply for a Aus tax file number as a foreigner.

Thai hubby granted multiple 3 month entries for 12 months, here on second 3 month stay. Just found out about the above while trying to get my daughter's medicare card to cover her dental.

I needed to apply for Family Tax Benefit (took 4 months), which mean hubby had to get a tax file number as Medicare is now linked to Centrelink here. Also needed official NAATI translations here - which could only be done interstate, and had to be from JP signed original sighted copies (all found out after getting ones from scans) Nightmare. Still no dental for our Aussie kid - going back to get it done in BKK at Samitivej as cheaper.

Moving back is a monumental red tape nightmare now... if you think Thai bureaucracy stinks you have no clue how hard it is here now - "it's all online!" which means the "culture of No" is how it works, and you are not allowed to talk to a real person anymore. You get 7886 different answers to same thing, and none applies if your spouse is a foreigner that does not have a valid residency visa.

Enjoy the fact that in Thailand at least eventually the bureaucrats do their job. In Thai govt. Not referring to people granting aus residency obviously as still waiting there.

Posted

Also something to be aware of: more than 183 days in Australia means you need to file an Aus tax return and apply for a Aus tax file number as a foreigner.

Thai hubby granted multiple 3 month entries for 12 months, here on second 3 month stay. Just found out about the above while trying to get my daughter's medicare card to cover her dental.

I needed to apply for Family Tax Benefit (took 4 months), which mean hubby had to get a tax file number as Medicare is now linked to Centrelink here. Also needed official NAATI translations here - which could only be done interstate, and had to be from JP signed original sighted copies (all found out after getting ones from scans) Nightmare. Still no dental for our Aussie kid - going back to get it done in BKK at Samitivej as cheaper.

Moving back is a monumental red tape nightmare now... if you think Thai bureaucracy stinks you have no clue how hard it is here now - "it's all online!" which means the "culture of No" is how it works, and you are not allowed to talk to a real person anymore. You get 7886 different answers to same thing, and none applies if your spouse is a foreigner that does not have a valid residency visa.

Enjoy the fact that in Thailand at least eventually the bureaucrats do their job. In Thai govt. Not referring to people granting aus residency obviously as still waiting there.

I'm pretty sure the 183 rule applies to your husband because you're applying for Family tax Benefit.

I doubt it would apply to people on a visitor visa. There's really no need at all for people on visitor

visas to apply for a TFN, let alone to lodge a tax return.

  • Like 2
Posted (edited)

I thought the same, but we went to the ATO in person.

We got a foreign TFN for the FTB thing, but they advised that as long as he spends more than 183 days in Aus he needs to lodge a return regardless of wheather we applied for FTB.

Rang some bells from back in the day.

There is a load of it on the ATO website, worth checking out.

*my hubby is unlikely to be here for more than 183 days though - we applied for the TFN regardless of that.

The ATO site is here:

https://www.ato.gov.au/Individuals/International-tax-for-individuals/Work-out-your-tax-residency/#Commonsituations

and example 3:

"are visiting Australia for more than six months and for most of that time you live at the same place, and you either have or establish ties in the local community"

then

"an Australian resident for tax purposes (see the example)"

or example 4:

"are visiting Australia for more than six months, and for most of that time you are travelling and working in various locations around Australia"

then

"a foreign resident for tax purposes (see the example)"

and also the ATO site here:
https://www.ato.gov.au/individuals/international-tax-for-individuals/work-out-your-tax-residency/residency-tests/

in particular here - the 183 day test

https://www.ato.gov.au/Individuals/International-tax-for-individuals/In-detail/Residency/Residency---the-183-day-test/

which includes:
"Under this test, if you are actually present in Australia for more than half the income year, whether continuously or intermittently, you may be said to have a constructive residence in Australia unless it can be established that:

  • your usual place of abode is outside Australia
  • you have no intention to take up residence here."

and in our case "usual abode" is Thailand, but due to partner visa application submission, there is an intent to take up residence.

Edited by redfish44
Posted

I thought the same, but we went to the ATO in person.

We got a foreign TFN for the FTB thing, but they advised that as long as he spends more than 183 days in Aus he needs to lodge a return regardless of wheather we applied for FTB.

Rang some bells from back in the day.

There is a load of it on the ATO website, worth checking out.

*my hubby is unlikely to be here for more than 183 days though - we applied for the TFN regardless of that.

The ATO site is here:

https://www.ato.gov.au/Individuals/International-tax-for-individuals/Work-out-your-tax-residency/#Commonsituations

and example 3:

"are visiting Australia for more than six months and for most of that time you live at the same place, and you either have or establish ties in the local community"

then

"an Australian resident for tax purposes (see the example)"

or example 4:

"are visiting Australia for more than six months, and for most of that time you are travelling and working in various locations around Australia"

then

"a foreign resident for tax purposes (see the example)"

and also the ATO site here:

https://www.ato.gov.au/individuals/international-tax-for-individuals/work-out-your-tax-residency/residency-tests/

in particular here - the 183 day test

https://www.ato.gov.au/Individuals/International-tax-for-individuals/In-detail/Residency/Residency---the-183-day-test/

Yes, but also from the ATO website.

If I'm reading this correctly, someone on a stock standard visitor visa wouldn't be eligible, unless they're in your situation.

Foreign passport holders, permanent migrants and temporary visitors – TFN application

You can apply for a tax file number online if you meet these three conditions:

  1. You are a foreign passport holder, permanent migrant or temporary visitor.
  2. You are already in Australia.
  3. Your visa is one of the following:
    • a permanent migrant visa
    • a visa with work rights
    • an overseas student visa
    • a visa allowing you to stay in Australian indefinitely (including New Zealanders automatically granted a visa on arrival).

  • Like 1
Posted

If I'm reading this correctly, someone on a stock standard visitor visa wouldn't be eligible, unless they're in your situation.

Foreign passport holders, permanent migrants and temporary visitors – TFN application

You can apply for a tax file number online if you meet these three conditions:

  1. You are a foreign passport holder, permanent migrant or temporary visitor.
  2. You are already in Australia.
  3. Your visa is one of the following:
    • a permanent migrant visa
    • a visa with work rights
    • an overseas student visa
    • a visa allowing you to stay in Australian indefinitely (including New Zealanders automatically granted a visa on arrival).

We thought that, but turned out no.... seems logic doesn't not apply as Aus govt wording can actually mean very different in reality to what someone such as I think it does.

And as he didn't meet the conditions of visa above he couldn't apply online, had to go to tax office to lodge a paper form in person.

Now the tax office is part of the "mygov" labyrinth, and you need to call a number to make an appointment to see an ATO person (used to just walk into the ATO). You speak to someone in a different city that gives you an appointment in a week or 2, and then when you go there, the ATO staff say "gee it has been slow today, you are the second person in" - at 11.45am....

We did clarify with them in person that the 183 day rule applies irrespective of the visa someone is on these days, unless is some seriously special condition (diplomatic hoo-ha, medical thing).

Was dead easy to do the application once talking to an ATO person - very friendly and helpful. This can not be said for the rest of the mygov empire.

I stick the link to that form here for anyone else reading this thread down the track that needs all this info as took me months until a single lovely man at Centrelink said "that's not right, let's have a look" and helped me find it (he has avoided eye contact with me since though :( )

https://www.ato.gov.au/Forms/TFN---application-for-individual-living-outside-Australia/

Posted

Redfish, I would argue hubby's on a visitor visa, he must be a genuine visitor to hold it, if not, they could cancel his visa. The partner visa application is irrelevant as it's not granted. He's a visitor as far as immigration is concerned. Bit of a be careful on that one approach.

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