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Discussion Starter · #1 ·
Hi all,
After thousands of Dollars, nearly 4 years of battling, applications and an MRT appeal at the end (successful), I have been finally re-instated as an Australian permanent resident via an RRV. Happy days!

The only fly in this ointment is that my wife is now outside of Australia. My entire family are all Australian citizens and permanent residents. My mother has suffered a serious workplace injury and as such requires my presence in Australia to assist her in her day to day life.

Having done research into the means for my wife to join me here in Australia, I know that we must apply for a Partner Visa, and that this can be done either offshore or onshore.

I am 36 years old. My wife is Thai. We will celebrate our 10th anniversary in November. She has been to Australia before with me to visit the family. Partner visa processing times from "high risk" countries are typically 8-12 months, so we would like to apply for her partner visa onshore so that we can be together (as married couples usually like to be).

The only way I understand that we can do this is by my wife arriving on a 600 Visitor visa, and then applying for the partner visa while she is here. The problem with this is that I understand that DIAC policy is to 99% of the time apply condition 8503 "no further stay" to visitor visas from "high risk" applicants such as Thais. If this happens, then the only option available to us is for her to leave, and we then apply for the Partner visa offshore in Bangkok. I have to remain in Australia to assist my mother and my wife and I do not want to be separated for nearly a year.

Does anyone have any suggestions on a way that I can avoid this situation happening? My family have been through enough over the past 4 years trying to get my RRV, and we all could do without more drama.

Should I go to the DIAC office and explain my situation and ask that my wife's visitor visa not have 8503 imposed? Is there another visa that may fulfil our needs? I am at the end of my tether, and my personal experiences with DIAC case officers has, over the last 4 years, not left me with a high opinion of their humanity, thoroughness, common sense or diligence (apologies if you work for DIAC, I don't mean to paint you with the same brush but it's just what I experienced). The MRT member took one look at my submissions, heard what we had to say, apologised that she could not make the visa decision then and there, and remitted the decision back to DIAC in 4 days.

There is no question that my relationship with my wife is genuine. Applying for a Partner Visa onshore is not illegal. So how can I get my wife onshore to apply without running an 8503 risk?

Any input, suggestions, clarifications will be most gratefully received.

Many thanks in advance.
 

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You can try the honest route and give DIAC all the info about needing to apply for the partner visa onshore. It may work - it recently did for a South African couple on this forum...but as you already know with DIAC there are no guarantees.

I think you should consider applying offshore then applying for your wife to come over on a tourist visa while she waits. DiAC serm to be much more understanding of partners coming into OZ on a TV when the partner visa has already been requested.

This of course means she cant work...
 

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Discussion Starter · #3 ·
Thanks, that sounds like a good option to consider, kmarees1986. I'm fortunate enough to have a career that enables me to support her financially, so work is not really a problem.

I have heard however, that for an offshore partner application to be granted, the applicant must be offshore at the time of a decision or the application is invalid. This may not be true but I don't know for sure. Given the wildly varying times for application processing, this may be another risk - I don't know.
 

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I realize you have explored everything so I hope I am not just repeating what you already know. You sound like you have been to hell and back/.
There is another option that you could explore further and that would be to submit your partner visa offshore, since she is there now anyway. then you could possibly apply for a carer visa 116 Carer Visa (Offshore) (Subclass 116)

This visa can be valid for up to 2 years with many entitlements. When your wife's partner visa is ready she will be contacted to find out when she will be back in Thailand to receive the visa.
I am sorry but my knowledge of this is very limited but I had a neighbor who had his Filipino mother inlaw come and stay on a care visa for about 9 months. I have made a few assumptions in providing this advice, though I believe this visa is much easier to get than even a spouse visa. Hope this helps and definitely worth at least a phone cll the immigration department. if your lucky Mark Northam may provide some advice (Mark is a registered migration agent that provides some advice here on this site for free, you could always try sending him a private message)
Good luck mate you sound like you need something to go right
 

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Thanks, that sounds like a good option to consider, kmarees1986. I'm fortunate enough to have a career that enables me to support her financially, so work is not really a problem.

I have heard however, that for an offshore partner application to be granted, the applicant must be offshore at the time of a decision or the application is invalid. This may not be true but I don't know for sure. Given the wildly varying times for application processing, this may be another risk - I don't know.
You do need to be offshore for the visa to be granted but keep your CO informed and they normally let you know when the visa is set to be granted in advance so your wife can leave.

Interesting stuff from Aussieboy about the carer visa. Let us know how you go.
 

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Discussion Starter · #6 ·
Thanks Aussieboy07, It's kind of like climbing Mt. Everest - just when you think you've got to the top , you see the real summit another k further up the mountain!

Cheers for the advice, will look into it. Not sure if my mother's disability percentage will be enough to justify a carer visa though (yes, they even put that on a scale!!!!). She's only 25% and I think the threshold is about 40%, but I will research it again because it was quite a while ago I looked into it (originally for me BTW!).
Thanks again, and will post my findings on carer visa here tomorrow just in case any one may find this useful.
 

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Djkbkk - I know it seems strange that they'd make it so hard for people to apply onshore - but that's because the onshore process is primarily intended for those already in AU on their own merit to stay together. People on student visas, working holiday visas, 457s, etc. Though many people do it successfully, tourist visas are not supposed to be used for this purpose. When you apply for a tourist visa, you are legally agreeing that you are a genuine tourist and that, at the time of application, you intend to visit the country and then leave. If DIAC has any indication that this is not what you intend to do, they can and do reject tourist visas (like you said, especially from high risk countries). But on the other hand, you don't want to lie or omit information about your spouse relationship, because that would in turn look very, very bad when you apply for a partner visa.

The best method for you is probably what kmarees suggested - applying offshore and hoping to get a tourist visa so she can visit you while you wait (just apply for the spouse visa first, and then let your CO know you've applied for a tourist visa and intend for her to visit you, and ask nicely for them to let you know when they are ready to make a decision on your visa so she can get offshore). But do be aware that even given all this, DIAC still could reject her tourist visa application and you could be separated while the visa processes. Either way you choose to do this, you take that chance, unfortunately.

I'd highly suggest contacting a migration agent (Aussieboy's suggestion of Mark Northam is a good one) to give yourselves the best possible chance of getting your tourist visa approved. Mark knows exactly what to do to maximize your chances, though he of course can't guarantee a successful outcome either (nor can any migration agent).

One important question though - while you were fighting this long, drawn out battle - were you onshore in Australia the entire time? I'm just checking, because in order to sponsor a partner permanent residents have to have been "usually resident" in Australia over the last two years. Just want to make sure that's not an issue!
 
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I have a thought that may help. You said you have been married to your wife for 10 years. Has she got British citizenship yet since you twos been married for so long (assumed you are from there as your flag suggested)? if she does, it will be easier to have a tourist visa without 'no further stay' condition and to apply partner visa. If she doesn't, sorry I am not really helpful.
 
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