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AussieDude last won the day on July 17

AussieDude had the most liked content!

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About AussieDude

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  • Birthday 01/01/1973

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    Please do not harass me if I dont reply that day. I usually check my IM's twice weekly. I have a life. Formally known as JaiDee. Its a reference to the Thai language and confuses a lot of people. AussieDude is simpler. I am Australian Born, I hold a Masters Degree from Sydney Uni, I work as Professional Manager in Australia, and around SEA. I speak English fluently, and have a extensive knowledge of Technical, Legal and Governmental English. Most of what I do here is translate legal and government jibberish into Plain English. Sometimes even I struggle. On a mission to help others, while trying to avoid the the stupid. Married to an amazing Thai woman for 6 years. I will always tell it like it is, frank and honest. Some people find this confronting, tough, visa's cost a lot, so lets make your dollar go further. Avoid mistakes. Always available in IM too. I have no time for the rude, disrespectful or the dishonest. I am not a racist, I treat all idiots with the same level of distain and criticism, regardless.

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  1. Yes, anyone who stayed in Thailand LEGALLY, can apply for a RTP PCC here is the process http://canberra.thaiembassy.org/Home/letter4 However, they only give PCC's for the period of your legal visa. If you were a overstaying tourist, you will only get a PCC for the first visa period. This can be a real issue for a lot of people. Also, foreign applicant PCC's take a long time to process, and need fingerprints. A tip with fingerprints is to get them done at the embassy in Sydney or Canberra. But u can get them done at any Police Station.
  2. The key is proving the date the relationship started. Having a bank statement with the same address, at that time is good proof. Airline tickets also show you were together. Photo's are pretty useless as they cant be validated for a date. Get your legal address changed to his place if its not already done. Any joint purchases, or purchases you made for the house?
  3. AussieDude

    Pregnant - options?

    So the child will be Australian regardless as you are a Citizen, either by birth or decendency. That aside, she can claim support through the Family Court and the Dept of Human Services, you being an Aussie you will be subject to pay her claim if granted, regardless of where she lives. But she has to claim, and go through all the paperwork. If you are not listed on the Birth Certificate, it will be very hard for her to prove.
  4. AussieDude

    Form 80

    As far as I know the Form 80 is no longer required. Do you have a current checklist?
  5. If she has 4.5 years, then unemployment is not going to effect that. If you have proof of the employment, then it can be claimed.
  6. Its usually 30 days. But if he paid for a fast track then ring them and inquire.
  7. AussieDude

    Partner visa biometrics issue

    WHen u say Image u mean photo? Has IMMI requested you re-attend and get a new shot? It happens yes,
  8. AussieDude

    Am I an Australian Citizen by birth?

    So, the rules are; You can apply for evidence of your Australian citizenship if you were: born in Australia before 20 August 1986 and are an Australian citizen by birth so, you are an Australian Citizen by birth FOR YOUR KIDS, THEY WILL APPLY FOR CITIZENSHIP BY DECENT, THE CITIZENSHIP WEBSITE STATES: For Australian citizenship by descent: you must have been born outside Australia at least one of your parents must have been an Australian citizen when you were born. Eligibility - you were born outside Australia and at least one of your parents was an Australian citizen when you were born. Your process is this; Get your Australian Citizenship validated, and obtain the documents (Proof of Citizenship By Birth, and a copy of your Australian Passport) Apply for an Aussie Passport (not essential but it helps) Then apply for the kids under descent. The two year criteria u mention , I cant seem to find any basis for. I suspect it relates to those born after 1986.
  9. She can apply as a Tourist, but as G85 says, its hard for Thais to qualify, but not impossible. But, there is no legal requirement for you to visit her, for her to apply for the Visa. People in your situation often prepare most of the paperwork on behalf of the visitor, then send it over for her to lodge. Remember she must qualify as a visitor on her own merits. I have a Thai wife of 10 years and I have lived in Thailand on and off for over 15 years. I would STRONGLY suggest you visit her first before making any further plans. I suspect this will be your only path due to the difficulty in her getting a VV. I also assume you have been to Thailand? If not u must visit. The cultural differences, and challenges are varied and complex. You need to visit her first.
  10. AussieDude

    Pregnant - options?

    If she remains in Australia (for whatever reason) and the child is born here, the child is an Australian (if you are already it is Australian by decent) you are obligated under Australian law to meet child support payments. Even then Australia has reciprocal rights with many foreign countries and she may be able to secure payments from you from her native home. To answer further, can u confirm your a PR or Citizen?
  11. There is no hard and fast rule, but, the general consensus is that a genuine tourist would not spend more than 9 months in a 12 month period onshore, but there are always exceptions. As you have a 801 in processing, your true intent is clear to Immi, and GENERALLY they will allow sequential VV's (as long as you meet all the criteria), to the point when your 801 decision is due, as you must be offshore for the decision, so they will rarely issue a VV that overlaps the decision date. So you should be ok, but as I said, there are no hard and fast rules here.
  12. You need to provide documents, payslips and bank statements to prove you have a solid job back home, and a letter from your employer granting you leave of absence. If you did include these items, IMMI are also indicating the job back home is low pay and not worth returning to. Including details about property you own back home, debts, mortgages etc also help to show there is a strong reason for you to return home at the end of the Visa. There are a lot of posts on meeting the 'Compelling Reason to Return home' criteria, search the forum.
  13. AussieDude

    Ex dependant threatens to take my home

    If he can establish that you were legally a De facto couple, then he may have some rights, but its complex. It depends on things like how long you had the house before you met, who paid the mortgage, who paid for maintenance, what you both earned, and when the relationship ended. The laws that govern De Facto relationships, vary from state to state. They are being unified under the Federal Family Law act, but not all states are there yet. I include a link to the NSW Legal Aid website that has detailed information. https://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/defacto-relationships-and-family-law-factsheet There is more info here as well http://www.findlaw.com.au/articles/5206/de-facto-relationships-and-property-settlement.aspx I quote "The law encourages both parties to settle their differences without resorting to litigation, and two ways in which property settlement can be achieved by de facto couples is the use of either binding financial agreements or consent orders". So, if the house is in your name, and you don't agree to give him a share or money (I assume you will not do this), his only option is to Litigate (Sue). Litigation is VERY expensive for him, and can be equally expensive for you to defend. He will need to engage a solicitor, and probably a Barrister, the costs for him would start at around $30k possibly. Before anything happens, he would need to see a solicitor, and they will probably advise him to try and reach a mutual agreement first, they will want the legal fees up front. I do strongly recommend you see a Family Law Solicitor in your state ASAP, so you can find out exactly what your rights are, if he even has a claim or not. You need to get informed, and for the small fee the solicitor will charge, it will be peace of mind.
  14. AussieDude

    proof no impediment to marry

    Firstly, were either of you ever married before? If that is the case then the Divorce Certificate is required. No exceptions. Otherwise, usually, "No impediment to marry" under Australian Law is interpreted as a Declaration made by the couple that they are free to marry, are of the proper age, and they know of no objections likely to be made at the wedding (interpret this as objections from Family or past partners). Some countries like Thailand do apply a 12 month 'ban' on women divorcees before they can be remarried, in Thailand. This restraint is not recognised in Australia.
  15. AussieDude

    Police clearance for child under 1 year

    I always recommend you wait for the request before obtaining PCC's and Medicals, as they both have expiry dates and they may expire on you during process.