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Posted

Hi my Thai wife (married in Aus 2016) and we have a son who is now a Aus citizen by decent holding 2 passports applied for a 6 month tourist visa with me as sponsor on dec 23rd in person at visa office BBK & this would be her 3rd visit previous visa's in 2015 3months & again in 2016 for 3 months my question is they have requested a medical through e-medical for this longer visa and as the other 2 processed very quickly 4 & 8 days I have been caught out !! As I read it may take a month from the medical and I have already purchased tickets to Australia late next week How long from her visa being granted can she delay her trip ? As I have to go next week without her and thinking of returning in 2 months and take her back then providing the visa granted I Jan or early feb is still valid.

Btw I'm applying for a partner visa in a few months but was hoping she will not have no further stay conditions on her visa and we can apply in Aus if allowed or now as I have to most likely leave her behind for a few months come back in march do partner visa go to Aus on her already granted 6 month tourist visa have no further stay on her visa and apply for a further 3 months by then come back for a short holiday and our partner visa should be granted and live happy ever after hahaha none of this will go to plan but any advise would be great

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Posted

Hi Grassman

As far as the 8503 condition goes it is generally mandatory which means it must be imposed. There is very little room in the legislation to not impose it for tourist visas. The purpose for tourists visas is just a visiting visa so they have made it nearly impossible to use it as a pathway for one of the permanent visas.

It is always possible to apply for a waiver of 8503 but you would need to show compelling and compassion reasons that are out of your control. For example pregnancy is not usually considered compelling and compassionate because it is viewed as being in your control but inability to travel due to complications of pregnancy would be considered compelling and compassionate because it is out of your control.

Also if your wife applies for a partner visa here in Thailand her visa will not be able to be granted whilst she in Australia. What that means is she could still be in Australia on a tourist visa but you will need to be in contact with the department to see when your decision is going to be made so that she could leave and be offshore at the time of visa grant.

Good luck


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