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Thai Visa Express

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Thai Visa Express last won the day on August 2 2015

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  1. What were the exact reasons she was refused a tourist visa? This will be detailed in the notification of refusal that she would have received. She can apply again, but she must be able to adequately address the reasons for the refusal. If not the result will no be any different. We recently covered this issue here: My Thai girlfriend was refused a visitor visa to visit me in Australia, can she reapply? From what you have posted, you would have the ability to support your girlfriend in Australia, but it is an assessment of her circumstances that will determine whether she meets the criteria for the grant of a tourist visa. From what you have posted too, you have only met her once in person and that was in January of this year. I would suggest that you have not know her long enough for any weight to be attached to your letter of support, and in any event, you have not mentioned whether one was even provided.
  2. To be granted an Australian visitor visa (subclass 600), a visitor visa applicant must ‘genuinely intend’ to stay temporarily in Australia. In determining whether this intention exists the decision-maker must take into consideration the following three matters: Does the applicant have a history of Australian visa compliance? Whether the applicant intends to comply with conditions of their visitor visa? Any other relevant matters? What is previous visa compliance? In determining whether a visitor visa applicant has a history of Australian visa compliance, the decision-maker will examine whether the applicant has previously visited Australia, and if so, did they comply with the conditions of their last visa, including departing Australia before their visa expired. If they did not comply with the conditions of their last visa, were their circumstances that were beyond their control that caused them to not comply with the conditions of their last visa. At Thai Visa Express we recently represented a client from Thailand who had overstayed their student visa by just one week. In a detailed submission in support of our client’s current visitor visa application we successfully submitted that our client had substantially complied with the conditions of their previous visa, which resulted in our client satisfying the decision-maker that they had a positive history of Australian visa compliance. What is an intention to comply with an Australian visitor visa? In determining whether a visitor visa applicant has an intention to comply with their visitor visa, the decision maker will consider the following: Is there any evidence to suggest that the visitor visa applicant may work in Australia contrary to the conditions of a visitor visa? If the applicant has applied for a long period of stay in Australia, what will they be doing whilst in Australia, and how will they be supporting their visit without working in Australia? Is there any evidence that the visitor applicant intends to study more than 3 months in Australia? What are the any other relevant matters? Some of the relevant matters that the decision maker may into consideration in determining whether a visitor visa applicant genuinely intends to visit Australia temporarily include the following: Personal circumstances of the applicant What personal circumstances of the applicant exist that might encourage them to return home to their country at the end of their proposed visit to Australia. This might include the following: family ties in their own country, any significant assets or property that they have in their own country, and whether the country they are from represents a high risk of non-compliance with Australia’s immigration laws. Credibility of the applicant Has the applicant provided any false or misleading information in support of their visitor visa application? Is the applicant a person of good character to be granted a visitor visa? Purpose and period of stay in Australia by the applicant Whether the applicant’s proposed visit and period of stay to Australia is consistent with visiting Australia for tourism purposes. Previous immigration/travel history Of relevance will also be previous visa compliance with countries that may have economic or personal circumstances existing for an applicant to remain in that country.
  3. A question that we are often asked by client’s is whether they should apply for a partner visa in Australia or offshore. Both have certain advantages and disadvantages. Applying for a partner visa in Australia To apply for a partner visa in Australia, an applicant must be in Australia at time of application and holding a visa which allows them to apply for another visa whilst they are in Australia. For example, if your Thai wife applies for and is granted a visitor visa under the sponsored family stream, then her visitor visa will have the Condition 8503 no further stay attached to it. This means that she will be prevented from applying for a partner visa in Australia unless she can have the condition 8503 removed from her visa. This can only be done in very limited circumstances. If your Thai wife applies for a visitor visa under the tourist stream, her visitor visa may or may not have Condition 8503 attached to it. If it doesn’t, she will be able to apply for a partner visa in Australia. At Thai Visa Express the majority of our clients apply for visitor visas under the tourist stream. We rarely have applicants who apply under the sponsored family stream. Assuming that your Thai wife is able to apply for a partner visa in Australia, she will need to make a valid application prior to her current visa expiring. Once she makes her application, she will be granted a Bridging Visa A which will allow her to remain lawfully in Australia until a decision is made on her partner visa application. It is very important to note that the Bridging Visa A will not become active until her current visa ceases. Until then she must continue to comply with all of the conditions of her current visa. The processing time for an onshore partner visa application can take up to 2 years. During this time your Thai wife will be entitled to Medicare and have unlimited work and study rights. However, if she wishes to leave Australia during time she will need to apply for and be granted a Bridging Visa B. To be granted a Bridging Visa B to depart and return to Australia during the processing period of her partner visa application she will need to show that she has a substantial need to travel. Applying for a partner visa offshore To apply for a partner visa outside of Australia (offshore) your Thai wife must be outside of Australia at both time of application and decision. If she wishes to visit you in Australia during the processing period, she will need to apply for a visa which allows her to do so, for example a visitor visa. Any period of stay in Australia will be at the discretion of the Department. My wife has applied for a partner visa, can she be granted a visitor visa? The processing time for an offshore partner visa is up to 18 months from date of application. As previously stated, your Thai wife must be outside of Australia at both of time of application and time of decision. If she wants to visit you in Australia during this period, she must be granted a visitor visa. Many people mistakenly assume that because they have applied for a partner visa, that this automatically entitles them to a visitor visa. This is simply not the case. A partner visa and a tourist visa are assessed on very different criteria, and as such your Thai wife’s partner visa application is yet to be tested. Any visitor visa application must address all of the criteria for the grant of a visa which shows that the applicant’s intention is to visit Australia as a genuine temporary visitor only.
  4. Condition 8503 is the ‘No Further Stay’ condition that prevents the visa holder from applying for another visa, subject to very limited exceptions, whilst they are in Australia. For example, if you are in Australia on a visitor visa that is subject to Condition 8503 you will not be able to apply for a partner visa whilst you are in Australia. If you wish to apply for another visa you will have to apply whilst you are outside of Australia. How can I tell if my visa has Condition 8503? Your visa grant notice will list all of the conditions that your visa is subject to. You can also check your current visa status, and any conditions attached to your visa, through the Department’s Visa Entitlement Verification Online (VEVO) It is the responsibility of all visa holders to be fully aware of all of the conditions attached to their visa. Failure to comply with a visa condition can have serious consequences, including having your visa cancelled. If your visa is cancelled whilst you are in Australia, you will become an unlawful non-citizen, and may be removed from Australia. Will my visa have Condition 8503? This will depend on the visa that you have been granted. For some visas, Condition 8503 cannot be attached, for others it may be attached, and for some it must be attached. Here are some examples: Electronic Travel Authority (subclass 601) – Condition 8503 cannot be attached Visitor visa – tourist (subclass 600) – Condition 8503 may be attached Visitor visa – sponsored family stream (subclass 600) – Condition 8503 must be attached Can I ask for Condition 8503 not to be on my visa? No, you cannot ask the Department to not attach Condition 8503 to your visa. Can I have Condition 8503 removed from my visa? To have Condition 8503 removed from your visa, you will need to be granted a waiver of the ‘No Further Stay’ condition. A waiver can only be granted if ‘compelling and compassionate circumstances have developed since you were granted your visa, over which you had no control, and these circumstances have resulted in a major change to your circumstances’. How do I request a Condition 8503 waiver? You will need to provide supporting evidence to the Department that supports your no further stay waiver request. This can be done using the Department’s Form 1447. It is essential that your request meets the criteria for a waiver. If it doesn’t, your waiver request will not be successful. How long does a Condition 8503 waiver request take? A waiver is not automatic. Your waiver request will be decided by assessing your circumstances against the criteria for a successful grant of a waiver. A waiver request can take many weeks to be decided. If your waiver request is not decided before your current visa ends, you will become an unlawful non-citizen, and may be removed from Australia. If you feel that you may be eligible for a Condition 8503 please contact us at Thai Visa Express for more information.
  5. It is found in an understanding of the Migration Act and Regulations. That is correct. If you stay beyond your period of permitted stay in Australia the Bridging Visa A will kick in. Thai Visa Express
  6. What were the reasons for the first refusal? Does the current application address the reasons for the refusal?
  7. Can my Thai girlfriend get a working holiday visa? Your Thai girlfriend may be eligible for an Australian working holiday visa. This correct name for this visa is the Work and Holiday visa (subclass 462). This visa would allow her to stay and work in Australia for 12 months. The good news is that this visa can now be extended twice, potentially allowing her to remain in Australia for up to 3 years. What are the eligibility criteria for a working and holiday visa? To be eligible for a Work and Holiday visa she must be between 18 to 30 years of age and have completed a diploma or degree. She must also have functional English and enough to money support herself for her initial stay in Australia. This is usually about AUD5,000, plus the airfare to where she is going after leaving Australia. She will also need to get a letter of support from the Thai Government. What can I do on a work and holiday visa? Work and holiday visas are valid for 12 months. This visa would allow your Thai girlfriend to travel to and from Australia as many times as she wants during the visa validity period. She can also work legally in Australia for up to 6 month which each employer. She can also study up to 4 months in Australia if she chooses to do so. How can you extend a work and holiday visa? During her stay in Australia on her first work and holiday visa, if she works for 3 months in an eligible area of northern or regional Australia, she can then apply for a second Work and Holiday visa. From 1 July 2019, Work and Holiday visa holders who carry out 6 months of specified work in regional areas while on their second Work and Holiday visa may be eligible to apply for a third visa. Depending upon the work undertaken it may be possible for your Thai girlfriend to reside and work in Australia for up to 3 years. Please contact Thai Visa Express for more information on obtaining a work and holiday visa for your Thai girlfriend.
  8. The processing times for partner visas has never been as long as it currently is now. An onshore partner visa application can take up to 2 years to be granted from date of application. The offshore partner visa is not far behind that at up to 18 months. Whether you apply onshore or offshore, be prepared for a very long wait. We are often asked by clients how can they can apply for a partner visa in Australia? The advantage of applying for a partner visa in Australia is that the applicant can remain lawfully in Australia until a decision is made on their application. If applying offshore the applicant must be outside of Australia at both time of application and time of decision. If they want to visit Australia during the lengthy processing period they must apply for and be granted a visa which allows them to do so, such as a visitor visa. There are definitely significant advantages that come from being able to apply for a partner visa in Australia. Applying for a partner visa in Australia To apply for a partner visa in Australia, the applicant must firstly be in Australia at time of application and holding a valid substantive visa. A substantive visa is basically any visa other than a bridging visa, for example a visitor visa or a student visa. Not only must the applicant be in Australia on a valid substantive visa, but their visa must also not have Condition 8503 no further stay attached to it. This is a condition that prevents a person from applying for any other visa whilst they are in Australia. If your visa has condition 8503 attached to it, you will be prevented from applying for a partner visa in Australia. In very limited circumstances condition 8503 can be waived from a person’s visa which would then allow them to make an onshore partner visa application. You cannot ask for Condition 8503 to not be imposed on your visa. Will my visa have Condition 8503 attached to it? This will depend upon the visa that you hold. For some visas, condition 8503 cannot be imposed, for some it may imposed and for some it must be imposed. The following are some examples: Electronic Travel Authority (ETA) – Condition 8503 cannot be imposed Condition 8503 cannot be imposed on an ETA visa. This means that if you are in Australia and holding a valid ETA, you can apply for another visa in Australia. It should be noted that citizens of Thailand are not eligible to apply for an ETA visa, and must apply for a visitor visa. Visitor visa (tourist stream) – Condition 8503 may be imposed If you apply for a visitor visa under the tourist stream, condition 8503 may be imposed. This means that the Department has the discretion to place it on your visa or not. Where condition 8503 is discretionary, it is usually imposed when the decision maker has some residual concerns that an applicant may not be intending to visit Australia as a genuine temporary entrant, but those concerns are not sufficient enough to refuse their visitor visa application. Generally, if a person has a history of Australian visa compliance, it would not be imposed on subsequent visitor visas under the tourist stream. Visitor visa (sponsored family stream) – Condition 8503 must be imposed If you apply for a visitor visa under sponsored the family stream, condition 8503 must be imposed. This means that you will be prevented from applying for a partner visa in Australia. Please do not hesitate to contact Thai Visa Express for more information on how you can apply for a partner visa in Australia.
  9. As Aussie_83 has said you cannot convert a PMV to an onshore partner visa. If you want to convert a PMV to a partner visa (offshore 309 and 100) you must have legally married before your PMV is decided. It does not cost you anything to convert from the PMV to the partner visa. You can read more info on the topic here: Is it possible to change from a prospective marriage visa to a partner visa?
  10. It was a thorough assessment of not only the applicant's circumstances, but their relationship with their boyfriend, which we incorporated in a strongly worded letter of support and submission. What were the exact reasons for her refusal which would have been detailed in the notification of refusal she received? This is always the starting for preparing a fresh application after a previous refusal. Based on what you have posted I would say that at time of her first application you had no known her long enough for any weight to be attached to your letter of support. The fact that you have visited her again in April may help her next application. Please feel free to contact directly at Thai Visa Express. I am more than happy to look at what was submitted and she how you may be able to approach the next application.
  11. We were recently retained by a client whose Thai girlfriend was refused a visitor visa to visit her boyfriend in Australia. After thoroughly reviewing the first application that was submitted by the applicant, we were able to prepare and submit a subsequent visitor visa application which adequately addressed the reasons for the refusal. We also submitted on behalf of our client a detailed written submission, with reference to the Migration Act and Regulations, and Government policy, outlining why the applicant met the criteria for the grant of a visitor visa. Yesterday our client was granted a 12 month multiple entry visitor visa without Condition 8503 attached to it. Thai Visa Express is an Australian visa agent based in Pattaya, Thailand. We specialise in visas for Thai's who want to visit Australia either temporarily or to stay permanently.
  12. If you have applied for a prospective marriage visa, but before your visa is granted you marry your partner. Is it possible to change from a prospective marriage visa to a partner visa? The answer is yes. All visas have certain criteria that must be satisfied at both time of application and time of decision. For a partner visa, at time of application you must either be legally married or in a de-facto relationship with your partner who is an Australian citizen or Australian permanent resident. Your relationship must also be one that is genuine and mutually exclusive. For those that do not meet the criteria for a partner visa, a prospective marriage visa may be a suitable option. The criteria for a prospective marriage visa at time of application is that the applicant and sponsor have met in person as adults, are known to each other personally, and have a genuine intention to marry in the future. At time of decision there must be no legal impediment to your marriage taking place. If either the applicant or sponsor are still legally married to another person, not only can the prospective marriage visa not be granted, it can be refused. Although the no legal impediment is a time of decision criteria, we strongly recommend against applying for a prospective marriage visa until any divorce has been finalised. My prospective marriage visa has not been granted, but I have now married my partner. What do I need to do? If you marry at any time before your prospective marriage visa is granted, you must notify the Department of Home Affairs in writing that you have now married. Upon notification of your marriage having taken place, you will be deemed to have applied for a partner visa, and your application will then be assessed against the criteria for the grant of a partner visa. You will be taken to have made an offshore partner visa application (subclass 309 and 100) on the date that the Department receives notification of your marriage taken place. Like the prospective marriage visa you must also be outside of Australia at time of decision. Although it is permitted to change from a prospective marriage visa to partner visa before your application is decided, once your prospective marriage visa has been granted, you must comply with the conditions attached to that visa. One of those conditions is that you must no marry before making your first entry into Australia as the holder of a prospective marriage visa. If you do marry after the grant of your visa and before entering Australia, you will have breached a condition of your prospective marriage visa. Can I marry outside of Australia after my prospective marriage visa has been granted? As we have said, once your prospective marriage visa is granted you must make an initial first entry to Australia prior to marriage. However, you can then marry either in Australia or offshore. For example, we have many clients who have been granted a prospective marriage visa who then choose to marry in Thailand. After the marriage has taken place they then travel to Australia where the onshore partner visa application has to be made within the 9-month visa validity period. Please do not hesitate to contact us at Thai Visa Express for more information
  13. De-facto visa for Thai partner to migrate to Australia There are two pathways that will allow your Thai partner to migrate to Australia. Firstly, there is the partner visa. To be eligible for a partner visa you must be either legally married or in a de-facto relationship with your Thai partner. Common to both is the requirement that you and your partner have a mutual commitment to a shared life to the exclusion of all others. For those that do not qualify for a partner visa, a prospective marriage visa may then be a suitable option. To be eligible for a prospective marriage visa, you must have met your partner in person as adults, be known to each other personally, and have a genuine intention to marry in the future. A prospective marriage visa is often referred to as a fiancé visa. A partner visa can be applied for in either Australia or Thailand. However, in order for your partner to apply in Australia, they must already be in Australia at time of application and holding a visa which permits them to apply in Australia for an onshore partner visa. If they are unable to apply in Australia, they wll have to make an offshore application in Thailand. A prospective marriage visa can only be applied for in Thailand and cannot be applied for in Australia. What is the de facto criteria for a partner visa? Although you may consider yourself to be in a de-facto relationship with your Thai partner, your claimed relationship will be assessed against the criteria provided for in the Migration Act and Regulations. If you do not meet the criteria, then your partner visa application will be refused. In order to satisfy the de-facto criteria your de-facto relationship must have existed for at least one year immediately preceding the date of application. There are however some exceptions to this rule where the applicant and sponsor have registered their relationship or there are children born into the relationship. However, in most cases the applicant and sponsor will be subject to the minimum one-year de-facto relationship rule. What factors will be taken into consideration in assessing our de facto relationship? The Department will want to be satisfied that you and your partner have a mutual commitment to a shared life to the exclusion of all others, and that you do not live apart on a permanent basis. In assessing whether your relationship is genuine they will examine all aspects of your relationship, including the history, financial, social context and your commitment to each other. If you feel that you do not meet the de-facto criteria you should consider a prospective marriage visa as an alternative option. All Australian visa subclasses have certain criteria that must be satisfied at both time of application and time of decision. See also: Visa for my Thai fiancee to migrate to Australia Please do not hesitate to contact us at Thai Visa Express for further information on visa options available for your Thai partner to migrate to Australia.
  14. We are often asked the question, how much for an Australian visa? This can be a difficult question to answer without first undertaking a full assessment of an applicant’s circumstances. In addition to the visa charges levied by the Australian Government, there are many other expenses that an applicant will have to pay to migrate to Australia. Partner visa migration to Australia is very expensive indeed. It is easy to determine the visa application charges payable to the Department of Home Affairs to make a valid visa application, but what about the many other associated costs in applying for an Australian visa. Depending upon an applicant’s circumstances these can amount to several hundred dollars on top of the already exorbitant visa fees. Cost of applying for an Australian partner visa for Thai wife Noi is a 36-year-old Thai female with a 12-year-old son from a previous marriage. She is in a de facto relationship with an Australian citizen who also lives in Thailand. Noi recently applied for the offshore partner visa (subclass 309 & 100) as they are now wanting to move to Australia. Noi’s son is also included in her application as a secondary migrating applicant. The current visa fee for Noi’s partner visa application was AUD$8955. This is comprised of the base application fee of AUD$7160 for Noi, and AUD$1795 for her son. Noi’s partner paid the visa application charge by credit card which added an extra $100 in credit card surcharges. If the visa application charge had been paid by BPay then the credit card surcharges would not be payable. Noi has also applied for a visitor visa so that she and her son can visit Australia during the processing of her partner visa application which can be up to 20 months from date of application. This added an extra $240 is visa charges for both of their visitor visas. So far over AUD$9300 in visa fees have been paid for the partner visa and visitor visa application fees, but this is certainly not where the expenses end. Other costs associated with apply for a partner visa for Thai wife In addition to the visa fees paid to the Department of Home Affairs, there are many other expenses associated with a partner visa application, for example from Noi’s application: Biometrics for partner visa application: THB850 x 2 Biometrics for partner visa application: THB850 x 2 Medical assessment for applicant and son THB5000 Royal Thai Police clearance certificates THB300 Australian Federal Police Checks AUD$42 Document translations THB4000 Estimated Additional Costs AUD$650 The total cost for Noi’s partner visa application, including the visitor visas for herself and her son is just under AUD$10,000. This does not include other associated costs such as passports and relocation expenses to Australia. Partner visa migration to Australia is very expensive indeed. Read more at Thai Visa Express
  15. Australian visa processing times vary depending upon the subclass of visa that you are applying for. For most visas subclasses the Department of Home Affairs provides an indicative processing timeframe which is updated monthly and available on their website. On the Department’s website, two processing times are displayed in calendar days, indicating how long it is taking to finalise 75 and 90 per cent of applications submitted globally. For example, the Department current advises that for subclass 309 partner visa applications, 75% are processed in 15 months, and 90% are processed in 20 months. Processing times for a particular subclass can vary enormously too. For example the Department currently advises that a Resident Return Visa is processed between 2 and 57 days. Therefore if you are an Australian permanent resident who needs to renew their Resident Return Visa you should do so at least 12 weeks prior to any travel where your Resident Return Visa will be required. Australian Visa processing times are indicative only It is important to note that processing times are indicative only and vary for a variety of different reasons, including, application volumes, seasonal peaks, complex cases, and incomplete applications. An example of a seasonal peak for those from Thailand wishing to visit Australia on a tourist visa would be during the Songkran period (Thai New Year). It is advisable to submit your tourist visa application at least one month before your proposed date of travel to Australia, and never make any bookings (flight and accommodation etc) until you have confirmation that your tourist visa has been granted. The Department will not prioritise your tourist visa application because you have flights or accommodation that you cannot cancel. I am applying for a partner visa. Is my application considered to be compassionate and compelling? By the very nature of family visas, it could be said that compassionate and compelling circumstances exists that warrant applications being prioritised. However, this would simply not be possible for all family visas. Of course, every applicant and sponsor want their application processed in the least amount of time so that they can be with their loved ones. The Department processes family migration applications in a processing priority order regardless of when an application is lodged and in line with the Government’s policy priorities. To be considered for priority processing an applicant circumstances should be more compelling and compassionate than that of the majority of other family visa applicants. For example, being pregnant is no doubt compassionate and compelling, but would not generally in itself amount to an application being given priority processing as there would be a significant number of other applicants that are also pregnant and in the same of similar circumstances. If the Department was to give priority processing to one applicant who was pregnant and not the other, then this may be seen as unfair. It should be noted that all requests for priority processing will be assessed on a case-by-case basis. It is important to submit all available evidence that supports your request. We have previously had success with a partner visa applicant from Thailand who we requested priority processing for. The applicant had applied for a subclass 309 partner visa. During the processing period the applicant’s husband (sponsor) was diagnosed with a terminal illness. Evidence of this was provided to the Department who agreed that compassionate and compelling circumstances existed to prioritise the applicant’s partner visa application. Although the Department agreed to prioritise the applicant’s partner visa application, it was still necessary to provide a complete application that met all the criteria for the grant of the partner visa. This also included the required health and character assessments. Read more at Thai Visa Express
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