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Kane Miner

Thai girlfriend refused tourist visa to visit Australia

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Really hope to get some help here. 

I've been in a relationship with a Thai girl for the past 3-months, having met in Pattaya in late April. She is not a bar girl. She was working in the massage shop below my hotel. We hit it off and spent two wonderful weeks together. Since I came back to Australia we have kept in contact every day through What's App. She has a 7 year old son from a previous relationship and I have chatted to him on what's app too. My girlfriend doesn't have a job anymore and is now living with her mum and son in Udon Thani. I am supporting her with some money each month. 

About 4 weeks ago I helped my girlfriend submit a tourist visa to visit me in Australia. She used a Thai visa agent who asked that I send my girlfriend 150,000 baht to put in her bank account, which I did. To cut a long story short, my girlfriend has been refused a tourist visa because they don't believe that they are her own savings, and I am at a loss as to what can be done to fix this. I am really disappointed that she has been refused a tourist visa, given that I provided a very thorough letter of support that I would support her travel to Australia and guarantee that she would return.   

I want to appeal her tourist visa refusal, but am not sure where to start on this. The visa agent that she used is not returning emails. 

Would appreciate any advice on how to get my girlfriends visa refusal overturned. 

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5 minutes ago, Kane Miner said:

Really hope to get some help here. 

I've been in a relationship with a Thai girl for the past 3-months, having met in Pattaya in late April. She is not a bar girl. She was working in the massage shop below my hotel. We hit it off and spent two wonderful weeks together. Since I came back to Australia we have kept in contact every day through What's App. She has a 7 year old son from a previous relationship and I have chatted to him on what's app too. My girlfriend doesn't have a job anymore and is now living with her mum and son in Udon Thani. I am supporting her with some money each month. 

About 4 weeks ago I helped my girlfriend submit a tourist visa to visit me in Australia. She used a Thai visa agent who asked that I send my girlfriend 150,000 baht to put in her bank account, which I did. To cut a long story short, my girlfriend has been refused a tourist visa because they don't believe that they are her own savings, and I am at a loss as to what can be done to fix this. I am really disappointed that she has been refused a tourist visa, given that I provided a very thorough letter of support that I would support her travel to Australia and guarantee that she would return.   

I want to appeal her tourist visa refusal, but am not sure where to start on this. The visa agent that she used is not returning emails. 

Would appreciate any advice on how to get my girlfriends visa refusal overturned. 

Welcome to the Australian Visa Forum Kane,

You cannot appeal your girlfriends tourist visa refusal, in fact neither can she. She can however apply again, but unless she can adequately address the reasons for the tourist visa refusal, the result will still be the same. You need to look closely at all the reasons given for her tourist visa refusal, and unless they can be addressed, I wouldn't recommend applying again until they can be.

There are a few things that I have picked up on. You have only known your girlfriend for 3-month and met her once, which was April just past. I would suggest that this is just too short a period of time for sufficient weight to be attached to your letter of support. I note that you have said that you will "guarantee" that she will return. However, in  reality this doesn't really count for anything the Department of Immigration cannot hold you to those words. 

The biggest concern is the deposit of the 150,000baht into your girlfriends bank account as suggested by the Thai Visa agent. Whilst there is of course nothing wrong with you giving your girlfriend money, they must not be put forward as her own savings. The Department of Immigration is very clued on to this, and would, in the lack of a demonstrated savings history, viewed them as recently deposited funds, and not evidence of savings. In fact, what the visa agent has effectively done has not only resulted in a tourist refusal, but any future prospects. Did they contact your girlfriend and ask her about the savings? If sufficient weight can be attached to your letter of support, then there is no need for her to having savings of her own. Note: this is of course not the sole criteria for the grant of a tourist visa, but the point I am trying to make out is that support can be provided by another person.

What I recommend is having a through read through the tourist visa refusal, which will given you the nuts and bolts of why the tourist visa was refused.   

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Also never worry about Thai visa agents, if you are going to pay someone to do visas use a MARA agent. 

One thing to remember is that it is all about the applicant. Your letter of support can help but ultimately it's all about the applicant. 

When putting money in like that you need to address it, with my wife and then her cousin we explained it was put there so that she could have access to her own funds for the holiday. The cousins first application was refused and I reworded letters and was then grabbed.

Given she doesn't have a job at the moment it will be hard to prove intent to return.

FYI I've never been to Pattaya but when over there I only go to Isaan it's great up there, udon Thani is good

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Thanks Aussie_83 and Bridge,

I am still waiting on my girlfriend to email me the visa refusal notice, but she has sent snippets of it through what's app photos. What I can see is that it was refused because of 600.211 of the migration regulations. Any idea what that is about??

I have just found out too that she had a missed call from the Australian Embassy in Bangkok a few days before she got the visa refusal notice. When she called back on the number it was a recording, but she was unable to get through to the person that called her from the Embassy.

In relation to the 150,000baht I stupidly didn't mention in my letter of support that they were from me, and nor did the Thai visa agent tell me too.

We are thinking of apply again, and would really appreciate if you could advise what you think the prospects of success are.

Thanks again for your responses.  

 

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When you do a new visa application you will need to address the rejection criteria. The main issue I see is intent to return, so highlight any incentive to return, loans,  land, kids ect. The money you can explain easy enough.

It may seem odd they insist the applicant has their own funds but it is for their benefit. say something is to sponsor them but aren't happy and says they don't want anything to do with them then they are stranded. and that's a better case scenario. The horror stories you have heard are very much real. 

One word of caution with dealing with Thai, they can be liberal with the truth if they think it will make them look bad. make sure she knows and understands you don't care. Long-term visas are rightfully intrusive so everything needs to be out in the open.

No one can tell you if you will be successful.

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32 minutes ago, Aussie_83 said:

When you do a new visa application you will need to address the rejection criteria. The main issue I see is intent to return, so highlight any incentive to return, loans,  land, kids ect. The money you can explain easy enough.

It may seem odd they insist the applicant has their own funds but it is for their benefit. say something is to sponsor them but aren't happy and says they don't want anything to do with them then they are stranded. and that's a better case scenario. The horror stories you have heard are very much real. 

One word of caution with dealing with Thai, they can be liberal with the truth if they think it will make them look bad. make sure she knows and understands you don't care. Long-term visas are rightfully intrusive so everything needs to be out in the open.

No one can tell you if you will be successful.

I agree with everything that Aussie_83 has written. 

You can explain that the funds were given to her to support herself in Australia. However this could be covered in the letter of support using your own funds. You didn't need to put the money in her account. The issue I see is that no weight has been attached to your letter of support, as you simply haven't known her long enough. Remembering that it is an objective assessment of her circumstances which will determine her intention to visit Australia as a genuine visitor or not. that is, arrive as a visitor and depart Australia prior to her tourist visa expiring, and not breaching any conditions of her visa whilst in Australia. This is what will get the tourist visa application across the line. 

Without sugar coating it, you simply haven't known her long enough. Evidence of a few more trips to Thailand to see her would certainly help IMHO. It would allow the Department of Immigration to see that at the very least a moral obligation exists that you will provide the support when she arrives in Australia. 

And as Aussie_83 has correctly stated "no one can tell you if the visa will be successful".  We can offer opinions, but ultimately the decision rests with decision maker,

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thanks members for all the information here. I am FIFO worker, so have a decent chunk of time off every 6 weeks (2 weeks off), so next rotation I am going to come back to Thailand for 2 weeks and get some solid evidence of our genuine relationship together. We will then look at her applying for a new tourist visa in mid September. By then I would have know her for 5 months. If you guy can think of anything we can add to the tourist visa application that would better the chances of success, i'm all ear. Again, thanks so much for the help here. It's been a high learning curve. 

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On 7/31/2018 at 5:07 PM, Kane Miner said:

thanks members for all the information here. I am FIFO worker, so have a decent chunk of time off every 6 weeks (2 weeks off), so next rotation I am going to come back to Thailand for 2 weeks and get some solid evidence of our genuine relationship together. We will then look at her applying for a new tourist visa in mid September. By then I would have know her for 5 months. If you guy can think of anything we can add to the tourist visa application that would better the chances of success, i'm all ear. Again, thanks so much for the help here. It's been a high learning curve. 

Kane, I note that you have started another thread. I have linked to it here for the benefit of others who are following here: How much money does my girlfriend need for her tourist visa

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I am glad I stumbled upon this forum. My Thai girlfriend also had her tourist visa refused. She submitted the tourist visa application herself with the help of a friend of hers who has previously been to Australia to visit her boyfriend, who is actually a mate of mine. I just sent her copies of my payslips, bank statement, lease and passport. We also had around 200 photos of us together. I have known her for over a year and been to Thailand 6 times. I didn't type any letter of introduction or anything like that, but will do for the next application. I will let you know how we ago. 

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48 minutes ago, MattWA said:

I am glad I stumbled upon this forum. My Thai girlfriend also had her tourist visa refused. She submitted the tourist visa application herself with the help of a friend of hers who has previously been to Australia to visit her boyfriend, who is actually a mate of mine. I just sent her copies of my payslips, bank statement, lease and passport. We also had around 200 photos of us together. I have known her for over a year and been to Thailand 6 times. I didn't type any letter of introduction or anything like that, but will do for the next application. I will let you know how we ago. 

Good luck mate I was beginning to think that every Thai girl who applies for a tourist visa gets refused. Let me know how you go second time around. 

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23 hours ago, Kane Miner said:

Good luck mate I was beginning to think that every Thai girl who applies for a tourist visa gets refused. Let me know how you go second time around. 

Hehe thanks mate, me too. I think the general perception is that every Thai girl that wants to visit their boyfriend in Australia is a bargirl. I know of 3 other Thai girls that have also had their tourist visas refused and none of them worked in the bars. My girlfriend wouldn't be caught dead in a bar. She has an administration job with a shipping company and a university degree. I will let you know how we go with the next tourist visa application.

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