Australian Partner Visa

The Australian Partner visa which you have to apply for from Thailand. This allows the partner or Thai spouse of an Australian citizen or Australian permanent resident. Likewise, those eligible New Zealand citizens living in Australia. Additionally, when applying for this visa, you must be outside Australia. Here are some key points to consider below.

Australian Partner Visa

Australian Partner Visa

 Visa Application Process

Note that you can apply for temporary and permanent partner visas together. The first step in the process is obtaining the Partner (Provisional) visa. This will allow your de facto Thai partner or Thai spouse to live in Australia temporarily. Likewise, the temporary partner visa leads directly to the permanent Partner visa. If you are not married then see the Australian Visa for Thai Fiancee on here with the Australian visa from Thailand article.

 

Duration of Stay

The Australian provisional partner visa is a temporary Australian visa. You will see that this allows your Thai partner to stay in Australia. Likewise, this is until your Australian permanent partner visa application has been finalized. It could be this or should you withdraw the application? This is rare but it does occur.

Cost

The government cost is set. The process does take time and the timeline for the visa will vary. Likewise, 25% of visa applications are processed within 6 months. Note that 50% of the visa applications are processed within 10 months. Finally, 75% of applications are processed within 15 months. In addition on rare occasions, 90% of the applications are processed within 29 months. The visa delays tend to be incorrect or incomplete application forms or documents.

Australian Partner Visa Processing Time

The most common delays are caused by incorrectly completed forms and documents. Your documents which are in Thai all need to be in the English language. These documents also need to be certified. When this is not done correctly delays occur.

The next common problem is where additional documents are required. This takes time and further delays the process. You will need to have an Australian visa checklist. The next delay is where the verification of your information needs to be verified. Ensure that your documents are complete. Note that the Australian Fiancée Visa for Thai will differ from country to country. 

Advantages of this Visa

There are some advantages to this visa. There is also the opportunity to live in Australia. Additionally, with this visa, you are allowed to work, live, and study while in the country. This becomes important while your permanent partner visa is still being processed. Moreover, you will still have the freedom to travel abroad as many times as you wish, as there are no limitations in place.

Your Thai spouse can benefit from free English classes. This is provided by the Adult Migrant English Program. Furthermore, you have the option to access the Medicare system as part of the Australian healthcare system. It’s important to note, however, that eligibility for accessing Australia’s public health care system depends on your specific circumstances.

 

Visa Requirements

The requirements for this visa is that you will need to have a bonafide relationship. 

For this visa, it’s super important to show that you have a real and honest relationship. You’ll need to prove this to the Australian immigration people with stuff like photos, letters, and emails. Also, you have to be an Australian citizen, permanent resident, or a New Zealand citizen who’s allowed. Here’s a heads up: your Thai partner or spouse has to be in Thailand or somewhere outside Australia while you’re applying. You can check out more details about the visa requirements in another article. And if it’s for your Thai girlfriend, there’s also info on the Australian fiancee visa requirements here.

Australian immigration will also check your past visa applications. If there had been problems where an application was cancelled or refused then they might not allow this new visa application. It is always best to speak to our immigration lawyer in Thailand at this point for advice.
 
However, it is worth mentioning that under certain circumstances, you can still apply for a permanent visa even if you have experienced a visa cancellation or a refused application. For more information, please refer to the section on “Limitations on applications in Australia.”

Typically, you must be outside Australia both at the time of your application and when they finalize the decision on your temporary visa application. Furthermore, it is important to note that any family members who apply together with you must also be outside Australia.

Married applicants are generally required to be 18 years or older at the time of application. This requirement is based on the fact that individuals must typically be 18 or older to enter into marriage according to Australian law. Similarly, applicants in de facto relationships must also be 18 years or older when submitting their applications. Additionally, the income requirement for the sponsor residing in Australia is based on the Annual Market Salary Rate (AMSR), with a minimum threshold of AUD 54,772.

–         Married applicants

To be classified as a married applicant, certain conditions must be met under Australian law. These conditions include:

Mutual Commitment: You and your spouse must have a shared commitment to each other

Genuine and Continuing Relationship: Your relationship should be authentic and ongoing.

Cohabitation: You either live together or do not permanently reside apart.

Non-Familial Relationship: You and your spouse are not related by family ties.

– By fulfilling these criteria, you can be considered a married applicant under Australian law.

– Meet the financial requirements.

–         De facto partners

To qualify as a de facto partner, it is necessary to be engaged in a de facto relationship.

Absence of Marriage: You and your partner are not legally married to each other.

Mutual Commitment: There is a shared commitment between you and your de facto partner

Genuine and Continuing Relationship: The relationship is authentic and ongoing.

Cohabitation: You either live together or do not permanently reside apart.

Non-Familial Relationship: You and your partner are not related by family ties.

Typically, you must have been in a de facto relationship for a minimum of 12 months immediately before applying for this visa. It is important to note that time spent dating or in an online relationship may not be considered as being in a de facto relationship.

Health Requirements

Permanent and provisional visa applicants

Generally, permanent and provisional visa applicants need to have these health examinations.

  Age

 Tests required

  •  Under 2 years – medical examination
  •  2 or more but under 11 years – medical examination + TB Screening test
  •  11 or more but under 15 years – medical examination + chest x-ray
  • 15 or more years – medical examination + chest x-ray + HIV test

 

Character Requirements

The visa will require that you are not a criminal or have a criminal record. You will need a Thai police clearance certificate. They may ask you to:

  • – provide a police certificate
  • – complete Form 80 Personal particulars for character assessment
  • – complete a character statutory declaration
  • – provide a military certificate
  • – provide a letter of good conduct from an employer

 

If you do not meet the Australian character requirements. Likewise, the Minister or a delegate can refuse your application or cancel your visa. You can apply for an appeal however this is very costly. So take proper legal advice before you start the process.

 

Application Process

Step 1 (Before Application)

You have the freedom to designate any individual to handle correspondence regarding your visa application. To appoint someone to receive your correspondence, please make use of Form 956A Appointment or withdrawal of an authorised recipient (301KB PDF).

If you require assistance with your application, you also have the option to appoint someone to provide you with immigration assistance. A person who assists you with immigration matters can:

  • – Engage in discussions regarding your application on your behalf.
  • – Provide information to us on your behalf.
  • – Transmit and receive correspondence about your application.

 

Step 2 (Documents Needed)

 

It is essential to furnish all the necessary information with your application promptly or, if not possible, as soon as possible after submission. Applications that include all the required information, including health exams and police checks, can undergo faster processing.

However, if more than 18 months have elapsed since you underwent health exams or more than 15 months have passed since the issuance of your Police certificate, new checks will be necessary to advance your application.

–         Identity documents

Provide your Thai birth certificate showing the names of both parents.

  • – Likewise, the pages of your current passport showing your photo and personal details
  • – Additionally, your Thai national identity card, if you have one
  • – Also proof of a change of name, if applicable (Name change certificate, divorcee decree, etc.)

 

–         Character Documents

To demonstrate compliance with our character requirements, you are required to provide the following:

Overseas Police Certificates: Obtain an overseas police certificate from each country, including your home country, where you resided for 12 months or longer within the past 10 years, starting from the age of 16. Likewise, your military service records are also needed. If you served in the armed forces of any country, include your military service records or discharge papers.

You will need to complete and attach Form 80 Personal particulars for assessment, which includes character assessment, to your application (596KB PDF).

 

Step 3 (Evidence of Relationship)

 

As stated before you will need to show that your relationship is valid. You will need to show letters, emails, and photos together as well as other correspondence. If you have a child or children then their ID card(s) will also be needed. One important type of evidence is household bills that are in both of your names. These bills can demonstrate shared responsibility for managing household expenses.

-Household

– Additionally, providing mail or emails addressed to both of you as a couple can serve as valuable evidence of joint communication and involvement.

– Documents that show joint responsibility for children, such as school records, medical documents, or custody agreements, can further strengthen your case.

– Furthermore, including documents that prove your living arrangements, such as rental agreements, mortgage documents, or utility bills with both of your names at the same address, can help establish the shared nature of your living situation.

– By compiling and submitting these types of evidence, you provide a comprehensive picture of your relationship, highlighting your joint financial commitments, shared communication, parental responsibilities, and cohabitation arrangements.

 

-Letter

When preparing your application also write a letter to provide detailed information regarding:

Initial Meeting: Explain how, when, and where you first met.

Relationship Development: Describe how the relationship evolved.

Milestones: Specify significant moments such as moving in together, getting engaged, or getting married, along with the corresponding dates.

Shared Activities: Elaborate on the activities you engage in together, highlighting common interests and experiences.

Time Spent Apart: Account for any periods of separation or time spent apart within the relationship.

Significant Relationship Events: Outline any noteworthy events that have occurred throughout your relationship.

Future Plans: Present your plans and aspirations for the future of the relationship.

– By addressing these aspects in your application, you provide a comprehensive overview of your relationship history and future intentions.

-Friends

Likewise, you will need to show that others are also aware of this relationship. You will need to provide evidence in the form of two witnesses. The witness requirements are as follows:

Age Requirement: Likewise the witnesses must be 18 years or older.

Familiar: Additionally the witnesses should personally know both you and your partner.

Aware: In addition, they should possess knowledge about the relationship.

Now by getting their statements, you provide the supporting evidence. If the witness is Australian then they must provide a copy of their passport, you will also need to show that you are together in activities such as joint invitations or show that you have friends in common.

Likewise, statements from your witnesses can be done by completing Form 888 – Statutory Declaration.

-Commitment

This becomes very important as you will be asked about this during an Australian visa interview.

To demonstrate a strong connection in your relationship, it is important to provide evidence showing that you:

– Have Knowledge of Each Other’s Background: This includes being familiar with each other’s personal history, family situation, and other relevant details.

– Have Combined Personal Matters: This can be shown through joint financial accounts, shared assets, or shared responsibilities in managing important aspects of your lives together.

– Stay in Touch When Apart: Providing evidence of regular communication, such as phone records, emails, or chat logs, can showcase your commitment to maintaining contact even when physically separated.

By presenting evidence of these elements, you can establish the depth and strength of your relationship, demonstrating a genuine connection, shared responsibilities, and consistent communication even during periods of physical separation.

If you have a history of previous marital status changes such as marriage, widowhood, divorce, or permanent separation. Likewise, it is necessary to provide supporting documentation to validate these circumstances. Examples of appropriate documentation include divorce papers, death certificates, separation documents, or statutory declarations.

 

Step 4 (Children under 18)

 

When including dependents under 18 years old who are applying with you, it is important to provide the following documentation:

Identity Documents: Submit appropriate identification documents for each dependent.

Relationship Evidence: Include evidence of your relationship with the dependent, such as birth or marriage certificates.

Character Documents: If the dependent is 16 or 17 years old, provide character documents as required.

Adoption or Court Orders: If applicable, supply adoption papers or parental court orders.

School Enrollment Evidence: If the dependent is enrolled in school, college, or university, provide supporting evidence.

Sole Custody Evidence: If applicable, provide evidence of sole custody.

Additionally, you must obtain consent from anyone who has the legal right to decide where the child resides and is not migrating to Australia with the child. Alternatively, you can demonstrate that the laws of the child’s home country permit them to leave their home country.

By including these documents and consent, you ensure the proper documentation and authorization for any dependents under 18 years old who are accompanying you in the migration process to Australia.

They must complete the Form 1229 Consent form. The identity document that shows the signature and photo of the person who completed the form or declaration, such as a passport or driver’s license. See also the dependent visa under the article Australian Dependent Visa in Thailand.

 

Step 5 (Children over 18)

 

Likewise, include your child who is over 18 in your visa application. Additional requirements must be met based on their age and dependency status. Please provide the following documentation:

Identity Documents: Likewise provide their identification documents.

Documents on Relationships: In addition include your details on the child’s other parent

Character Documents: Provide the Thai police clearance certificate as required.

Additionally, you will need to show that your child is dependent on you. This includes:

Relationship Evidence: Likewise their birth certificate or adoption papers showing your name.

Financial Dependence: Additionally show their financial dependence such as bank transfers.

By providing these documents, you establish your child’s eligibility based on their age and dependency status, ensuring their inclusion in your visa application. Also a completed Form 47a Details of a child.

 

Step 6 (Interview)

 

Now that you have a list of what will be needed. Likewise, you can speak to us online on our website or better yet visit our offices in Bangkok and speak to our immigration lawyer. The visa interview will be next. You will need to know a few things about your Thai wife.

They will look at your personal background, relationship history as well as communication and commitment.

  • – They will want to know where you met each other.
  • – Also where do the two of you go together?
  • – What are your further ideas in Australia?
  • – How many brothers and sisters does your spouse have?

These are basic questions that they might ask. Likewise, this will tell them how well you know each other. Note that these questions serve as a general guide, and additional inquiries may be made based on the information you provide in your application. It is important to answer truthfully and provide supporting evidence to demonstrate the authenticity of your relationship.

 

Australian Spouse Visa Denial

The denial for an Australian spouse visa is rare but it does occur. Always ensure that all your documents are correct when you start the application process. Likewise, make use of a visa checklist which you should have. If there is a denial then this could be that:

Insufficient evidence: You have been unable to prove that you have a real relationship.

Eligibility criteria: This can be insufficient proof of your divorce.

Inadequate financial ability: You cannot prove that you can financially take care of your spouse.

Lack of supporting witnesses or inconsistencies in your relationship details.

Note that visa decisions are made by immigration authorities based on the information provided and their assessment. If your visa application is denied, you may have the option to appeal the decision. If you have any other questions then you can always speak to us online. Likewise see the article on Australian visa denial as well. You can also compare this to the UK Partner Visa as well as the UK Spouse Visa on here as well as the Tourist visa for Australia