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Student Dependent Visa (573) For Spouse

student dependent visa spouse

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#1 Rattorn

Rattorn

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Posted 26 July 2016 - 05:29 PM

Hi guys!
 
I am originally from Thailand. I am currently studying towards a Master's degree at Monash (Feb 2016 - Dec 2017). I met my American husband (then-boyfriend) in July 2015 in Thailand. He was doing his diving instructor course there. We started dating pretty much straight away after we first met. Things became serious between us rather quickly, but then I decided to come here for a Master's. When I submitted my student visa application, I did not include my now-husband's name in my initial application as we were not family members during the time. After I left Thailand, my husband found a job in Hawaii and has been there since. I went to visit him in Hawaii from May 26th, 2016 to July 21st, 2016. We got married there on June 30th. Now I want to bring him over to Australia under student dependent visa subclass 573. I am very worried as we have only been married for one month and we don't have a lot of proofs to show that we have cohabited in Thailand (the company he dived with paid for his rent). We did one overseas trip together to Cambodia and I did visit him in Hawaii for two months, but that's about it. I have about 100,000 AUD in my Oz account and he has about 40,000USD in his. Our future plan is to go back to Thailand as I have to take care of my family's businesses. It's a year and a half until I'm finished with my course so bringing him over to Australia will help us out a lot financially as we will get to split bills and not have to worry about saving up for small trips to see each other. Do we stand a chance at all? Anyone in a similar situation as ours? T_T


#2 Proxy Migration

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Posted 30 July 2016 - 11:23 PM

Hi Rattorn

 

The Department of Immigration and Border Protection introduced a new student visa framework on 1 July 2016. Under the new framework, your husband would apply for a Subclass 500 visa. In regards to your question of likelihood of success, the definition of a married relationship under the Migration Act is:

 

For the purposes of subsection (1), persons are in a married relationship if:

  • they are married to each other under a marriage that is valid for the purposes of this Act; and
  • they have a mutual commitment to a shared life as husband and wife to the exclusion of all others; and
  • the relationship between them is genuine and continuing; and 
  • they: (i)  live together; or (ii)  do not live separately and apart on a permanent basis.

I don't have all your details obviously, but on the face of it it seems it could be hard for you to show that you do not live separately and apart on a permanent basis. This of course does not mean that there are not other options for him to come to Australia on other visas.

 

Kind regards

 

Lisa 

 

Disclaimer: Please note this does not constitute migration advice. Migration laws, regulations and policies are subject to constant change and their application varies depending on your personal circumstances. 



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Lisa Wulfsohn (LLB, BA, GDLP)

Principal Migration Agent (MARN 1467616)

Email: lisa@proxymigration.com.au
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