Discussed Below Will be Some Visa Types that Your Thai Fiancee Will Need to Gain Entry to the Land Down Under.
Visa Options under the Partner Category
Fiancées, partners, or spouses of Australian citizens, eligible New Zealand citizens, and Australian permanent residents may apply for temporary entry or permanent stay in Australia. The partner category for migration applies to:
Fiancées, (those with the intention to marry)
De jure partners (already married)
De facto partners (includes those in same-sex relationships)
Here are the general eligibility requirements for any type of visa application under the partner category:
FOR THE SPONSOR
o Has to be an Australian citizen, an Australian permanent resident, or an eligible
New Zealand citizen
o Intends to marry, is married, or is in a de-facto relationship with the visa applicant
o Is 18 years old or above
o Is ready to not only sponsor the applicant, but also the applicant’s dependent family
FOR THE APPLICANT
o Must be a fiancé or a de jure or de facto partner of the sponsor
o Must have no criminal records
o Must pass health requirements
Here are the major visa types your Thai partner can apply for, along with details about each:Offshore Partner Visas (Subclasses 309 and 100)
o The offshore partner visas, both temporary (subclass 309) and permanent (subclass 100), are for couples who are outside Australia at the time of visa application. Both visas can be applied for by your Thai wife by completing and lodging just one application. A temporary visa is usually granted first, which usually has a 2-year validity, thereafter your Thai partner may be granted a permanent one if she still meets the Department of Immigration’s criteria.
Question #1: What requirements should your Thai partner prepare?
o Proof of Identity
She will be asked for proof of identity by providing her birth registration (certified copy). If, however, she doesn’t have one, she can provide the following identity pages as alternatives (also certified copies): passport, government-issued ID, court-issued documentation proving identity, or family book that displays names of both parents.
o Evidence of Relationship
This can be any form of evidence proving that the relationship between you and your Thai partner is genuine, such as witness statements, bank statements, or any other document proving such.
o Translated Documents
Any documents provided have to be translated to English, otherwise the Department of Immigration will not accept them. You both to make sure that any paperwork get translated accurately.
o Statuary Declarations
Statuary declarations will be needed; however, only a few people are considered as valid witnesses of a Commonwealth statuary declaration. If you’re unable to find such persons, some facilities in Departmental offices outside Australia can do it for you. This might cost you though.
o Character and Health Clearance
She will be asked to present original police certificates issued by countries she has stayed in within the past 10 years. She will also be asked to undergo health examinations.
Question #2: What are the entitlements once the visas are granted?
o For the Temporary Visa (subclass 309)
• She is allowed entry to Australia, which includes travel and stay privileges with you, until the Department of Immigration makes a decision on her permanent visa status
• She can work in the country• Enrollment in hospital care schemes and medical benefits
• She can get an education, but without access to government funding
o Permanent Visa (subclass 100)
• She can stay with you in Australia permanently
• Study and work in the country
• Enrollment in hospital care schemes and medical benefits
• Eligibility for social security payments
Question #3: Are there any conditions for the application?
o You should not marry your Thai partner before she goes to Australia. Should you wish to get married offshore, she must travel to Australia first in order to activate the visa. Failure to do so might result in her visa getting cancelled because of the breach in the visa condition.
Question #4: What are the usual costs that come with the application?
o There will be an application charge, which is usually non-refundable should the application be withdrawn after its lodging or if application was unsuccessful or declined. The fees for both temporary and permanent visas are combined though; hence, you only have to pay for one application. Moreover, this charge covers not only the applicant, but also any family member that the applicant includes in the application. Note, though, that this application charge is not inclusive of any other incidental costs like getting copies of documents from your home country.
Question #5: What is Prospective Marriage Visa (subclass 300)?
o This is a temporary visa allowing your Thai partner entry to Australia, under the condition that you marry her and she applies for an onshore partner visa thereafter. Now if you and your Thai partner are still engaged, you must be able to demonstrate your plans to marry abroad or in Australia during the visa’s validity period. She must not be in Australia when: a) she applies for this visa and b) when it is granted to her.
Question #6: What requirements should your Thai partner prepare?
o Proof of Identity
A certified copy of her birth registration is usually the primary identification document required. If she doesn’t have one though, she can present alternatives; in this case certified copies of the identity pages such as passport, government-issued IDs, court-issued proof of identity, or family book displaying both parents’ names.
o Evidence of Relationship
This can be any form of evidence proving that you and your Thai partner met in person and have plans to tie the knot, such as witness statements, photos, NOIM forms, letter from the celebrants, or any other document proving such.
o Translated Documents
Any documents provided have to be translated to English, otherwise the Department of Immigration will not accept them. You both to make sure that any paperwork gets translated accurately.
o Statuary declarations
Statuary declarations will be needed; however, only a few people are considered as valid witnesses of a Commonwealth statuary declaration. If you’re unable to find such persons, some facilities in Departmental offices outside Australia can do it for you. This might cost you though.
o Character and Health Clearance
She will be asked to present original police certificates issued by countries she has stayed in within the past 10 years. She will also be asked to undergo health examinations.
Question #7: What are the entitlements once the visas are granted?
o She is required to enter the country before the marriage
o Can apply for partner visa after the marriage
o Is allowed entry and exit to Australia as many times as she likes within the visa’s 9-month validity period
o Access to the country’s healthcare schemes only if a) has applied for partner visa and b) while in Australia
o May study or work in the country; however, she isn’t entitled to government funding for the former
Question #8: Are there any conditions for the application?
o The application will fall under two primary categories when applying for this visa. To increase your Thai partner’s chances of getting approved, ensure that the criteria of your relationship category are met.
• If you are already married, you must show proof of your union’s legality to the Australian government. Note that underage, polygamous, or same-sex marriages are not considered legal in the country.
• If your relationship is only de facto, you must show proof that it is ongoing and genuine.
Question #9: What are actual costs that come with the application?
o There will be an application charge, which is usually non-refundable should the application be withdrawn after its lodging or if application was unsuccessful or declined. However, this charge covers not only the applicant, but also any family member that the applicant includes in the application. Note, though, that this application charge is not inclusive of any other incidental costs like getting copies of documents from yourhome country.
On a final note, immigrant visa applicants should anticipate that their application may require further administrative processing. Hence, final travel arrangements, property disposal, or giving up jobs should only be done after the visa has already been issued.
For information on spouse or tourist visas to Australia please call 02 344 6400 or email immigration.bangkok@dfat.gov.au
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