[chrislane99]

I have recently met a Thai woman in Australia while she was at the end of a 6 month Tourist visa sponsored by her family in Oz.
After 3 weeks living together I asked her to marry me in early April.
I have been to visit her and her family 3 weeks ago and have tickets for a 5 day visit this week and again in June for a longer 10 day visit.
I was considering applying for a 300 fiancé Partner visa and then a Tourist 600 once this was done.
Is there any reason why I cannot sponsor her for a Tourist visa (12 months I hope) and then get married here and apply for an 800 type visa while she is living with me here?

 

[Mania]

Depends if the tourist visa she comes on has a no further stay attached to it.

I would be inclined to go the 300 (tourist whilst processing) then 820/801 route if I was in your shoes.

 

[chrislane99]

Thanks Mania. I have talked with her family here and I'm sure they would have told me if NFS applied. Her sister's husband is an Austrian doctor so he would have noticed that!
So the 300 for fiancé even though our relationship is very young rather than get married and prove it? Do you have any additional info to support your inclination?
Will the 300 support the 600 for example?

 

[Mania]

Thanks Mania. I have talked with her family here and I'm sure they would have told me if NFS applied. Her sister's husband is an Austrian doctor so he would have noticed that!
So the 300 for fiancé even though our relationship is very young rather than get married and prove it? Do you have any additional info to support your inclination?

You don't know if a no further stay is applied until after the visa is granted sometimes it's not applied on one and then applied on the next one.

Proving intent to get married on a 300 is an easier application route.

A new relationship applying 820 will have potential struggles with evidence. The criteria of this visa isn't solely marriage there's much more that goes with it.

Think of the 300 as the easy route and the 820 as the not impossible but certainly harder option.

Note the 300 PMV -> 820/801 route I suggested will cost you about $1,100 more overall.

* - answer to additional question - Although no visa is ever a guarantee having an active 300 application in progress will certainly go a long way to showing intent to leave Australia at the end of a visitor visa.

 

[chrislane99]

Thanks for your prompt replies Mania!
Yes I read about the documentary evidence but thought it applied more to de facto.
As we all know relationships can last 5 minutes or 5 decades.
Intent to marry is to my logical mind is the most flimsy of the reasons but as politicians are the arbiters of the immigration mine field we should take what we can get!
Thanks for reminding me of the cost! However the price of the 300 visa itself at $7000 is to my mind enough of a proof of intent! I can get married for half that and throw a party with the rest!!
Thanks again for confirming my previous advice

and the supplemental answer is also great advice that I had been lacking!!

 

[Mania]

Thanks for your prompt replies Mania!
Yes I read about the documentary evidence but thought it applied more to de facto.
As we all know relationships can last 5 minutes or 5 decades.
Intent to marry is to my logical mind is the most flimsy of the reasons but as politicians are the arbiters of the immigration mine field we should take what we can get!
Thanks for reminding me of the cost! However the price of the 300 visa itself at $7000 is to my mind enough of a proof of intent! I can get married for half that and throw a party with the rest!!
Thanks again for confirming my previous advice

and the supplemental answer is also great advice that I had been lacking!!

The intent to marry stage adds an additional visa to the process so makes it more secure then the outright 820 process.

You are still required to get an 820/801 visa afterwards however the 300 lets you be together sooner and with less evidence, great for couples that are unable to live in the same country due to visa issues.

The requirements of an 820/801 are the same for all applicants married or not, although the 12 months part is waived for married applicants the other criteria stand fast, as such a new couple will struggle to meet all of the requirements.

Just for clarity of what I meant the 300 will be 7000 and the subsequent 820 application you will have to make will be another 1100.

It would also be worthwhile noting that an RMA review is worth its weight in gold especially with the ever more complex visa criteria we are now seeing and the enforcement and interpretation we are seeing from Duttons *spits on floor* department.

 

[chrislane99]

Wow so helpful Mania!
Another question is children. She has two - one turns 18 in Decmeber so I think he doesn't matter. The other is 16 next month. There is no desire to remove him from the care of her mother on their farm but I believe the department will still require him (or both?) to be noted in her application?

 

[Mania]

Both will certainly need to be noted in the application - If they are migrating with her then there are a lot of potential pitfalls, I would strongly urge you to have a chat with an RMA for an action plan.

 

[chrislane99]

Thanks again Mania.
No there is no intention or desire for them to come here.
They have been living with the father and grandmother most of their lives for a variety of reasons. The near adult will have military service next year and the younger one is still in school.
But I know the DoHA still require them to be noted and assessed even though they will not be part of the visa - just in case ...
Hopefully I can avoid the older one being included in the process due to turning 18 in 27/12/2018 which is only 7 months away and I have been told the granting of a 300 can take longer than that.

 

[ampk]

chrislane99 - Thanks for your prompt replies Mania!

*** Mania has a very good grasp of the various Partner Visas.

Yes I read about the documentary evidence but thought it applied more to de facto.

*** You thought very wrong - there is NO difference in the documentary evidence between married or de facto in regard to the 4 catagories you need to supply evidence.

As we all know relationships can last 5 minutes or 5 decades.

*** So can a marriage (Kim K) that's why you need evidence yours is ongoing.

Intent to marry is to my logical mind is the most flimsy of the reasons but as politicians are the arbiters of the immigration mine field we should take what we can get!

*** Think politicians have very little to do with the mine field - many of the staff overseeing the minefield have seen many governments come and go & even more Prime Ministers.

Thanks for reminding me of the cost! However the price of the 300 visa itself at $7000 is to my mind enough of a proof of intent!

*** Incorrect again - many have been refused.

I can get married for half that and throw a party with the rest!!

*** Now this is what I should have done except the married bit!

 

[chrislane99]

Questions b4 submitting 300 visa

Thanks to everyone so far.
After the last visit ending 17th June I have nearly completed the initial application and have a couple of quick questions.
The relationship is new (3 months old) and we have only lived under my roof for 25 days - the other 22 days on my visits to Thailand but we intend to marry next year.

1: She has 20 immediate family members - 2 children, 2 parents, 8 siblings and partners. Do I need to provide all their names, Birth, marital status and date to ensure faster processing?
2: The questions on page 18 to do with financial aspects and nature of the household relationship will be much less detailed than for a married couple. This should not impact?
3: The supporting witnesses on page 19 must be in Australia? We did not meet many people when she was here apart from her sister and her husband. None of my family have met her as I am in Canberra and they are in Adelaide
4: The application will be processed in Thailand so Thai witnesses will only be her family. Are these of use?
5: Most important - can all these preliminary details be modified after the application is submitted?
6: I am told I can then apply for a 12 month Tourist Visa so she can live with me. Can I do that as soon as the PMV is submitted or only once received?

If so I can get it in to get in the queue tomorrow after the obligatory weekend maintenance starting at 16:00!