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Discussion Starter · #1 ·
Hi all, i am new to any of this and really concerned for my thai gf. We have been dating since april and we are both really in love. we have talked of us staying together and i really want to marry her

She was on a student visa, she is 32. she was planning on going back to thailand but she fell in love with me and decided to stay, but she let her visa run out.

I do not know what to do. I only know she is to go to immigration and see someone and i really do not know what to expect.

I range the help line.. after being bounced to 3 diff people all whom knew nothing, i have resorted to finding something online.

I am glad i found this site.

I have also intended to marry her, i have th forms to lodge for intention to marry to the victorian gov. we are in melb.

sorry for the messyness of this. but if anyone can help out with information or any advice we would both be eternally gratefull.
 

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Hi there,

I have read of applicants who overstayed their visas being granted spouse visas, but I really think you should contact a registered migration agent to help you. Immigration law and procedures are quite complex at the best of times, but you have a difficult case, so you need to make sure you go about it the right way or she may be forced to go back to Thailand with a possible restriction of future visits or applications.
 

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If she was allowed to apply for a spouse visa I would think she would be most fortunate and then you would only want to do that if you met eligibility which I would doubt unless you were married and could show other relevant evidence.
I've never read myself of a visa overstayer being granted anything else other than a bridging visa to organise their departure and that was in the case of where someone was just a day late with applying for another student visa.
You could approach a migration agent, some offering an initial consultation for free but rather than adopt an approach of seeing whether the immigration law has some wriggle room which I doubt very much it will for overstaying, I'd be looking at the most straightforward approach available.
1. Have your girl go into the nearest Immi office, already packed and ready to buy a ticket home or better still have one bought and just go to the airport where if it has only been a week or so, she may get a bit of a talking to by the Immi people and get a black mark on her Immi record.
If it has been longer than a week or so, it'll be at the discretion of the Immi people on duty as to whether anything more serious is to occur as will be the case essentially with any overstay time.
Having overstayed a lengthy period and attending the Immi office rather than an airport ready to go may I suspect just broaden the scope of what could happen.

Her getting out of Australia on her own initiative even if late [ and in any questioning, it being initial oversight and then concern is a weak excuse but if she has nothing else, just best to be honest ] will then allow you to consider her applying for a PMV as perhaps being the best approach.

But the longer she leaves it and the more you stuff around with the situation the worse it can only be so if there is a flight out tomorrow, get a ticket booked would be my suggestion.
 

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Discussion Starter · #5 ·
We intend to marry. I will lodge the "Notice of Intention to Marriage" on monday. We have to wait 1 month before we can get married but all the dates are good. We can try and apply for the "Prospective Marriage Visa" .

We also have found a Thai Registered Migration Agent here in melbourne but we will look around before weeks end.

We really are at a loss as to what to do, this is entirely alien to me. But this girl is the most sweetest innocent girl ive ever met and we love each other alot. I really dont want to get my heart broken over this.
 

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You said in your initial post that she was going to go yo Immigration.
If that has not happened it is a most foolish decision on her part and yours not to encourage her to do that.

Blatantly ignoring the Immigration law is considered quite serious and could even lead to her being put in a detention centre if she does not quickly do something about arranging to leave and getting married is neither here nor there and in fact if a celebrant or minister is informed that she is an illegal alien [ which she now is ], you may have a problem in getting an NOIM accepted.
 
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