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Peterengli

Offshore visa application

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Hi. Just wondering if anyone has any experience with the following scenario. 

My wife is from Thailand and we have applied for a spouse visa on the 31st January 2018 (309. Offshore).

She has been was granted a 12 month multiple entry tourist visa. Arrived on the 2nd March 18. 

She is now pregnant. No this was not a timed thing as we have been trying for a baby for many months before she arrived in Australia (many trips to Thailand for me). She is now nearly 28 weeks pregnant. The problem is that her tourist visa expires on the 2 march 19 and her due date is 13 march 19. I have read that with an Offshore visa you must leave for it to be granted? I have also read that she cant apply for a bridging visa? 

All paperwork is in but we are still awaiting a decision.

Anyone who has experienced this and what was the outcome?

Thanks 

 

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3 minutes ago, Peterengli said:

Hi. Just wondering if anyone has any experience with the following scenario. 

My wife is from Thailand and we have applied for a spouse visa on the 31st January 2018 (309. Offshore).

She has been was granted a 12 month multiple entry tourist visa. Arrived on the 2nd March 18. 

She is now pregnant. No this was not a timed thing as we have been trying for a baby for many months before she arrived in Australia (many trips to Thailand for me). She is now nearly 28 weeks pregnant. The problem is that her tourist visa expires on the 2 march 19 and her due date is 13 march 19. I have read that with an Offshore visa you must leave for it to be granted? I have also read that she cant apply for a bridging visa? 

All paperwork is in but we are still awaiting a decision.

Anyone who has experienced this and what was the outcome?

Thanks 

 

Welcome to the Australian Visa Forum,

You are correct. The subclass 309 can only be granted whilst she is outside of Australia. And a bridging visa relates to an onshore application only, there is no facility for a bridging visa here.

If your wife stays beyond the period permitted by the visitor visa she will become an unlawful non-citizen.

As far as I can see it, the only option she has it to depart Australia prior to her visitor visa expiring, or apply for another visitor visa. You would first need to check that her current visa does NOT have the condiiton 8503 attached. She may too have issues with a further visitor visa, given that her current visa is a 12 month one. 

Have you had any indication from the case officer as to when the application may be finalised?


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Also despite my Thai wife being told if you get pregnant it makes visas easy and fast tracked.  That is BS. partner visas are family based to begin with and it may of been true in the past but people abuse any loophole and it gets shut down

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Her visa doesn't have a 8503 condition. As yet we don't have a case manager. The problem is her not being permitted to fly due to pregnancy. The plan was to go to Thailand for a holiday if/when the visa is granted. I wasn't sure if there was provision for this circumstance. All we have been told is that the consideration period is coming to the end (not sure what that means?)

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3 minutes ago, Aussie_83 said:

Also despite my Thai wife being told if you get pregnant it makes visas easy and fast tracked.  That is BS. partner visas are family based to begin with and it may of been true in the past but people abuse any loophole and it gets shut down

I have heard that many times myself, and definitely no truth to it whatsoever. 


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Aussie_83 we very much wanted a child. We had a couple of false alarms even before she arrived here. Both of us want a family and my wife hasn't been married or had any children. This WAS NOT done to fast track any visa applications. The timing was just unfortunate for visa times. We were thinking it wasnt hoing to happen to be honest.

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6 minutes ago, Peterengli said:

Her visa doesn't have a 8503 condition. As yet we don't have a case manager. The problem is her not being permitted to fly due to pregnancy. The plan was to go to Thailand for a holiday if/when the visa is granted. I wasn't sure if there was provision for this circumstance. All we have been told is that the consideration period is coming to the end (not sure what that means?)

Is she unable to fly now, or unable to fly when her visa expires in March. If there is an issue with her being able to fly you might want to discuss this with the Department of Immigration. I would of course recommend you provide any supporting documentation from her GP. 


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5 minutes ago, Aussie_83 said:

Step very carefully, the no fly period is basically voluntary as could of left the country before then. 

There is no provision for it,  any breach of the 8503 has to be circumstances beyond your control. 

Agreed. Unless there is evidence of a medical reason that prevents her from flying currently, I would unfortunately not expect a sympathetic ear from the Department of Immigration. 


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Just now, Peterengli said:

Immigration has been notified of her pregnancy. And supporting documents have been supplied to immigration. 

Have you provided evidence that she is unable to fly?


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Just now, Peterengli said:

In an ideal world her visa grant would hapoen in the next few weeks and a short holiday would sort it but due to a few complications this might become an issue

Indeed, but you still have the issue that it cannot be granted whilst she is in Australia. 

The advice she get from her GP is obviously the most importance, and takes precedence. However from a visa point of view, I would recommend she departs Australia whilst she can. 


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12 minutes ago, Peterengli said:

Aussie_83 we very much wanted a child. We had a couple of false alarms even before she arrived here. Both of us want a family and my wife hasn't been married or had any children. This WAS NOT done to fast track any visa applications. The timing was just unfortunate for visa times. We were thinking it wasnt hoing to happen to be honest.

Sorry my comments were more related to the Thai culture rather than anything personal,  please don't take it as such. 

Honestly all the best and I hope it works out.  We were lucky my wife got confirmation of her pregnancy 2 days after visa approval... which is why I now have a 2 yo old pushing my belly laughing saying orn......

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2 minutes ago, Peterengli said:

She is being reassessed by the doctor next week but unless there has been a change (unlikely) there will be further documentation submitted. 

Please let us know how you get on. All the best.


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My wife would of preferred to of given birth over there, she was frustrated that ultrasounds were only when needed not ever visit our when you feel like it. 

 

As with any partnerships you pick your battles one of our biggest when our son was born was they have no concept of SIDS.

I didn't but had been fundraising for red nose day since primary school, so while it's drummed into us they have no concept of it. 

In all things and aspects, all the best! 

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Aussie_83 my wife didn't really have a preference untill she started seeing doctors etc here. She is amazed at the level of care here. Due to circumstances i guess she is getting more than average care. The doctor does an ultrasound each visit and also the hospital does as well. Though she is starting to feel like a pin cushion poor woman. She is amazed at the clarity of the ultrasound and while her english is very good she gets a bit confused with the medical terms so the have an interpreter for her. So her preference is to have our daughter here. But as a Thai she understands it will be what it will be lol

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The decision to not fly on medical grounds, is a personal decision, and there is nothing imposed or regulated by IMMI.  IMMI naturally states that the individual must at all times take the necessary steps to protect and ensure their own health (until the child is born, Australian legal dialogue describes a pregnant woman always in the singular).

However, most airline impose restrictions on pregnant women flying in the 3rd trimester, on the basis of Duty of care, and moreover, potential liability claims if complications occur in flight and the airline can not respond accordingly.

Flying while in late pregnancy is an issue with the airlines **usually**.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 12/15/2018 at 8:37 PM, Peterengli said:

Aussie_83 my wife didn't really have a preference untill she started seeing doctors etc here. She is amazed at the level of care here. Due to circumstances i guess she is getting more than average care. The doctor does an ultrasound each visit and also the hospital does as well. Though she is starting to feel like a pin cushion poor woman. She is amazed at the clarity of the ultrasound and while her english is very good she gets a bit confused with the medical terms so the have an interpreter for her. So her preference is to have our daughter here. But as a Thai she understands it will be what it will be lol

Just remember a child born to a Thai National, outside of Thailand is not automatically granted Thai citizenship, as is the case for Aussie kids born outside of Australia.  They are given a grant, which when they reach 18, they must formally accept or decline. I do understand that they are reviewing these laws.  Thai citizenship is a complex area. Its also wrapped up in their National Service laws.  Just be sure the birth (You will need to get the birth certificate translated into Thai)  is registered in Thailand as soon as possible.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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1 hour ago, AussieDude said:

Just remember a child born to a Thai National, outside of Thailand is not automatically granted Thai citizenship, as is the case for Aussie kids born outside of Australia.  They are given a grant, which when they reach 18, they must formally accept or decline. I do understand that they are reviewing these laws.  Thai citizenship is a complex area. Its also wrapped up in their National Service laws.  Just be sure the birth (You will need to get the birth certificate translated into Thai)  is registered in Thailand as soon as possible.

Interesting.  We haven't looked at my son's Thai citizenship to avoid the national service side and the fact we doubt have the funds to go over there much

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2 hours ago, Aussie_83 said:

Interesting.  We haven't looked at my son's Thai citizenship to avoid the national service side and the fact we doubt have the funds to go over there much

Its the National Service thats the concern.  He will have to do it eventually if he wants citizenship, but it will probably be phased out by then.

 


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 12/15/2018 at 7:25 PM, Bridge said:

Agreed. Unless there is evidence of a medical reason that prevents her from flying currently, I would unfortunately not expect a sympathetic ear from the Department of Immigration. 

I agree with this, it would have to be a serious medical reason outside your control. Pregnancy and poor planning/timing won't get you any sympathy, although as you don't have a 8503 condition you maybe able to apply for a 602 medical treatment visa.

Most airlines allow you to fly up and till 36 weeks, but you need a letter from your doctor or medical clearance if there are complications. 

 

 

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13 hours ago, AussieDude said:

Just remember a child born to a Thai National, outside of Thailand is not automatically granted Thai citizenship, as is the case for Aussie kids born outside of Australia.  They are given a grant, which when they reach 18, they must formally accept or decline. I do understand that they are reviewing these laws.  Thai citizenship is a complex area. Its also wrapped up in their National Service laws.  Just be sure the birth (You will need to get the birth certificate translated into Thai)  is registered in Thailand as soon as possible.

That's not correct, they automatically acquire Thai nationality by birth, but you need to apply for a Thai birth certificate. 

There is no requirement when they reach 18 to accept or decline citizenship, what you may be thinking about is between the age of 20 and 21 they may surrender Thai nationality on a voluntary basis if they so choose, but they have to apply to do this. 

 

 

 

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