46 replies to this topic

[Harry Brown]

I would like to know from any Aussie's:

1) If you marry a TG in Thailand only, what is the status on applying for a visa for her to enter Australia

2) what is the longest amount of time she can stay

3) is there any other info I need to know.

4) What is the best way to bring her to Aus formaximum time ( I have done the tourist visa for 3 months twice now)

  
Appreciate any help. Cheers.

[huskycock]

1rooster, on 15 November 2010 - 11:23 AM, said:

I would like to know from any Aussie's:

1) If you marry a TG in Thailand only, what is the status on applying for a visa for her to enter Australia

2) what is the longest amount of time she can stay

3) is there any other info I need to know.

4) What is the best way to bring her to Aus formaximum time ( I have done the tourist visa for 3 months twice now)

  
Appreciate any help. Cheers.

I am going through the process now .. there is a way to make your thai marriage legal and i have looked at it and it sounds a bit complicated ..i am applying for a fiancee visa , it is a similair process to a spuse visa except you are not married ( just engaged ) once she is out here you have 8 months to get married , if you so then you will apply for a spouse visa ( just paper work ) and assuming you stay married for 2 years she will ten be a permanent resident ..I used a visa agent to help with the process , he also helped with the tourist visa , he lives in qld but can post and email him everything , also he travels to thailand very regularly and in fact in both cases he was in bangkok to personally go with my fiancee ( tourist visa and fiancee visa ) which was handy .. there is a crap load of paper work to get done , single staus sibling etc , also a medical and police check ..i can pm his details if you like ..

[Craig_ozz]

1rooster, on 15 November 2010 - 11:23 AM, said:

I would like to know from any Aussie's:

1) If you marry a TG in Thailand only, what is the status on applying for a visa for her to enter Australia

2) what is the longest amount of time she can stay

3) is there any other info I need to know.

4) What is the best way to bring her to Aus formaximum time ( I have done the tourist visa for 3 months twice now)

  
Appreciate any help. Cheers.

What me and my TG did was get a fiancee visa, which is valid for 9 months. As long as you get married within that 9 months then she will get another 2 year visa, in which time you can apply for PR status. After 4 years then can get citizenship.

This was the route recommended to us and everything worked out fine. My wife got her citizenship after the 4 years.

We did this 8 yrs ago and was a breeze with approval for the fiancee visa coming through in only 10 days from applying, but not sure if things have changed.

Let me know if you need any more info.

[huskycock]

i made the apllication 2 months ago ( visa agent did ) and havent even been assigned a case worker yet

[Scumbag]

If they accept that the marriage is based on a genuine relationship they will first issue a 2 year temporary visa.

For a marriage to be legal in Australia it only needs to be legal in Thailand. I have written a guide on how this is done: How to Legally Marry a Thai

[Harry Brown]

madjace, on 15 November 2010 - 11:43 AM, said:

I am going through the process now .. there is a way to make your thai marriage legal and i have looked at it and it sounds a bit complicated ..i am applying for a fiancee visa , it is a similair process to a spuse visa except you are not married ( just engaged ) once she is out here you have 8 months to get married , if you so then you will apply for a spouse visa ( just paper work ) and assuming you stay married for 2 years she will ten be a permanent resident ..I used a visa agent to help with the process , he also helped with the tourist visa , he lives in qld but can post and email him everything , also he travels to thailand very regularly and in fact in both cases he was in bangkok to personally go with my fiancee ( tourist visa and fiancee visa ) which was handy .. there is a crap load of paper work to get done , single staus sibling etc , also a medical and police check ..i can pm his details if you like ..

Thanks Madjace, looks like there is a bit of paperwork involved, let me know how you get on, at this point it looks like i might go for the marriage in Thailand not here and just ry and get it verified and rubber stamped etc and then  accepted here, still early days yet and looks like a shit load to sort out. Thanks.

[Harry Brown]

Craig_ozz, on 15 November 2010 - 11:46 AM, said:

What me and my TG did was get a fiancee visa, which is valid for 9 months. As long as you get married within that 9 months then she will get another 2 year visa, in which time you can apply for PR status. After 4 years then can get citizenship.

This was the route recommended to us and everything worked out fine. My wife got her citizenship after the 4 years.

We did this 8 yrs ago and was a breeze with approval for the fiancee visa coming through in only 10 days from applying, but not sure if things have changed.

Let me know if you need any more info.

thanks for the info 'Craig ozz' yours sounds like the way most people have gone about it, but I have heard of a defacto situation and wanted to explore all options.

[Harry Brown]

Scumbag, on 15 November 2010 - 12:00 PM, said:

If they accept that the marriage is based on a genuine relationship they will first issue a 2 year temporary visa.

For a marriage to be legal in Australia it only needs to be legal in Thailand. I have written a guide on how this is done: How to Legally Marry a Thai

Thanks Mr Scumbag  (that just doesn't sound good no matter how I try to put it lol)

Mmmmm two year temporary visa sounds attractive, do you know the name of the form

[Scumbag]

1rooster, on 15 November 2010 - 12:21 PM, said:

Thanks Mr Scumbag  (that just doesn't sound good no matter how I try to put it lol)

Mmmmm two year temporary visa sounds attractive, do you know the name of the form

Check out the Department of Immigration's website page relating to partner visas. You'll get all the information on requirements and how to apply.

[huskycock]

1rooster, on 15 November 2010 - 12:14 PM, said:

Thanks Madjace, looks like there is a bit of paperwork involved, let me know how you get on, at this point it looks like i might go for the marriage in Thailand not here and just ry and get it verified and rubber stamped etc and then  accepted here, still early days yet and looks like a shit load to sort out. Thanks.

Hi Rooster , the paper work is the same wether you marry her in thailand or not , you just apply for a spouse visa instead of a fiancee visa , it is basically the same process except you will have to show eveidence of your legal marriage instead of a few other things , i had to show a certificate of single status ..I didnt even know there was such a thing unitll i was aksked for one , if i had been married before then i would have had to show the divorce papers .. you wont have to do this ( for the visa ) theres not really any rubber stamping way to bring any one to australia any more ..

[Harry Brown]

madjace, on 15 November 2010 - 08:08 PM, said:

Hi Rooster , the paper work is the same wether you marry her in thailand or not , you just apply for a spouse visa instead of a fiancee visa , it is basically the same process except you will have to show eveidence of your legal marriage instead of a few other things , i had to show a certificate of single status ..I didnt even know there was such a thing unitll i was aksked for one , if i had been married before then i would have had to show the divorce papers .. you wont have to do this ( for the visa ) theres not really any rubber stamping way to bring any one to australia any more ..

Thanks for the info Madjace

[pattaya paul]

Hi 1rooster,
I did it a different way to the above guys.  I had my TGF out here on the second visa, 12 month multi entry, maximum stay three month visa.  I then applied to have the restriction, clause 8503 -No Further Stay, removed from her current tourist visa.  This was difficult and I had to apply twice to have this removed, you have to shown grounds for this to be removed, eg being married in Australia, having a baby, some form of compassionate grounds, etc
Once this 8503 was removed, I applied for a temporary visa which will after 2 years, as long as we are still together, automatically turn into a permanent visa.  At the application stage of the temp visa, as long as the from is completed correctly, immigration issues a bridging visa which lasts until the temp visa application is sorted.
I have only sent out temp visa application in last week, they say 4-6 month processing time and during this time your TGF is not allowed to travel outside Australia otherwise she can't get back in.  (you can apply for a bridging B visa with compassionate grounds that will allow travel during the processing period).  
I did it on a defacto relationship basis, as I'm not really ready to get married again yet.  This is all good as long as you have been living in a defacto relationship for 12 months straight.  We also have a baby together, which I think was the deal sealer, he was born here in Sydney, so as he is an Aussie by birth with a Australian citizen as a parent, I only have to arrange visas for the TGF.  Good compassionate grounds.
Good luck with the visa and future relationship.

[AussieTintin]

Hi 1Rooster,

Just to clarify what I have read above and from my knowledge and experience - there are a few main way to do it:

1. Marry your GF in Thailand then apply for an offshore Partner Visa in BKK. It will take a few months to process and then if granted she will be able to come to Oz - it is a temporary visa for up to 2 years leading to a permanent visa. The marriage in Thai will be recognised in Oz.

2. If you are thinking of marrying her but want to wait a bit or want to marry in Oz you can apply for a fiance visa which will also allow her to come to Oz. You two can then marry in Oz or Thai and then apply for a Partner visa.

3. Pattaya Pauls method: However, you have already had her out for 2 Tourist visas - a third one is unlikely to be granted - (the department (DIAC) will probably not consider her to be genuine tourist). Pattaya Paul did his thing on the 2nd visa. If you did however go for it and it was granted you could get married in Oz and then apply for a Partner visa. Also the processing time is very short compared to the other visas and assuming it was granted she would be in Oz much more quickly. But there are some problems with this. If the visa given is only 6 months you will have to get cracking to get married and then wait for the processing time for the Partner visa and hope it comes through before the Tourist visa expires. You also need to be careful about not misleading DIAC - suggesting that the visit is merely for tourism but then marrying her and having to explain that in your Partner application. Of course peoples intentions change...

I hope this helps.

[Scumbag]

AussieTintin, on 05 December 2010 - 05:41 PM, said:

3. Pattaya Pauls method: However, you have already had her out for 2 Tourist visas - a third one is unlikely to be granted - (the department (DIAC) will probably not consider her to be genuine tourist).

While I agree with you generally it is possible to get a third tourist visa in quick succession. I know a girl who just got her third. In between each visa she was back in Thailand for a month. However, for her last visa the embassy asked some questions. They told her it will be the last tourist visa they will give her. They told her the next visa will have to be some sort of partner visa.

[AussieTintin]

Fair enough, I am not saying its not possible. Just that its not that common especially back to back without a good reason. It will depend on the circumstances of the applicant and the sponsor if any. Its possible I guess to even get 4 or more. Its like that movie that my girlfriend made me sit through - "hes just not that into you" where there is always someone who knows someone that was able to marry their boyfriend are living together after 10 years. But they are the exception and not the rule

[murtle71]

My girlfriend and I applied for a second tourist visa for 12 months. It was shorted to 3 months single entry with a 8503 attached "no further stay". We have had a child together in Thailand and are also applying for a Australian citizenship for our daughter at the moment. The DIAC officer wanted to talk to us about the type of visa applied for. I told them at the meeting that i didn't think we could because we were not married and that the processing time of more then 3 months was longer then i could stay in Thailand. They basically told me that i should of applied for a partner visa and  that if i did before i left Thailand then the 3 months that she was in  Australia would reduce the waiting time time for this visa. The no further stay was to stop us from applying in Australia and to ensure that the application was dealt with in Thailand.

To have a 8503 lifted you need to have changes that are out of your control to have happened since the current visa they are on was granted.

[murtle71]

pattaya paul, on 17 November 2010 - 03:17 AM, said:

Hi 1rooster,
I did it a different way to the above guys.  I had my TGF out here on the second visa, 12 month multi entry, maximum stay three month visa.  I then applied to have the restriction, clause 8503 -No Further Stay, removed from her current tourist visa.  This was difficult and I had to apply twice to have this removed, you have to shown grounds for this to be removed, eg being married in Australia, having a baby, some form of compassionate grounds, etc
Once this 8503 was removed, I applied for a temporary visa which will after 2 years, as long as we are still together, automatically turn into a permanent visa.  At the application stage of the temp visa, as long as the from is completed correctly, immigration issues a bridging visa which lasts until the temp visa application is sorted.
I have only sent out temp visa application in last week, they say 4-6 month processing time and during this time your TGF is not allowed to travel outside Australia otherwise she can't get back in.  (you can apply for a bridging B visa with compassionate grounds that will allow travel during the processing period).  
I did it on a defacto relationship basis, as I'm not really ready to get married again yet.  This is all good as long as you have been living in a defacto relationship for 12 months straight.  We also have a baby together, which I think was the deal sealer, he was born here in Sydney, so as he is an Aussie by birth with a Australian citizen as a parent, I only have to arrange visas for the TGF.  Good compassionate grounds.
Good luck with the visa and future relationship.

what were the grounds used to have the 8503 removed from her visa.

[Scumbag]

murtle71, on 05 February 2011 - 11:52 PM, said:

what were the grounds used to have the 8503 removed from her visa.

He hasn't logged on for a little over a week so I will have a go at answering for him. Reading the post it looks like it was removed due to him and his GF having a baby together while they were in Australia.

I am no expert but your situation is different. They know what you have planned and I think it would be harder for you to have the condition removed. I think they are being very fair to you both by issuing a tourist visa. It would be poor form for you to abuse that, IMO.

[murtle71]

Scumbag, on 06 February 2011 - 12:16 AM, said:

He hasn't logged on for a little over a week so I will have a go at answering for him. Reading the post it looks like it was removed due to him and his GF having a baby together while they were in Australia.

I am no expert but your situation is different. They know what you have planned and I think it would be harder for you to have the condition removed. I think they are being very fair to you both by issuing a tourist visa. It would be poor form for you to abuse that, IMO.

We could of done the same thing on her last tourist visa when the condition was not attached and we found out she was pregnant.

We could of made an application in country for a partner visa then....

Mate as they say if you don't ask then you don't get....

Edited by murtle71, 08 February 2011 - 09:05 AM.

[Goanna]

Unfortunately, you have to bite the bullet and apply for spouse visa or prospective spouse visa. They say two to three months, but ours only took five weeks. Pay attention to detail with your paperwork. You don't want to be called back in.

[party]

Can the visa applications be made by me while i was in australia and she in Thailand?

[Elwood]

yes it can

[party]

Cheers

[Condo]

I have just read on another forum and been confirmed by a friend that the visa processing time has been extended from 3 months to 10 months

Quote  "that for offshore partner/prospective marriage visa applications lodged after the 7th of February 2011 standard processing time will be up to 10 months"

I have a friend who put his in just under 5 months ago and he's still waiting

[Elwood]

that is correct it will take that time now.  bugger hey