Australian Spouse Visa
November 5, 2016These are the requirements for the Australian spouse visa from Thailand. If this is a same sex marriage then you need to speak to an immigration lawyer. This is about your options such as the Australian partner visa. As gay marriage or same sex marriage is not recognised in Thailand or in Australia. Also it has its own requirements for Australia. See the Australian Partner visa for more details on this website. That visa is based on marriage, however you can apply for this visa. Which is based on a de facto relationship and not based on marriage.
Australian Spouse Visa
If you have married in Thailand and registered your marriage then you can now apply for an Australian Spouse visa for your Thai wife. Note that your marriage must be valid under Australian law. If this was a marriage registered in Thailand then this will be accepted. Marriage which are not accepted as valid are marriages where one of the partners are underage or a polygamous marriage. Same-sex marriages are not legal in Australia and not legal or valid in Thailand either. Also same-sex couples can apply for this visa based on their de facto relationship and not marriage. You can apply if you intend to marry your partner before a decision on your visa is made.
Husband & Wife
In most cases when it comes to the spouse visa for Australia the permanent residence cannot be granted in less than two years from when you submitted your application for the visa. You could however be granted a permanent resident visa without having to fulfil the usual two-year waiting period if:
· at the time you apply, you have been in a partner relationship with your partner for three years or more, or two years or more if you and your partner have a dependent child of your relationship
· your partner holds or held a permanent humanitarian visa and you were in the relationship before the visa was granted and this relationship was declared to the department at the time.
Note that you will also require a medical certificate for the visa as well as a police clearance certificate from Thai police. These have become standard with most Australian visa applications such as the Australian Partner visa as well as the Australian fiancée visa which is explained on this website.
Partner & Partner
If you are going to apply for this visa in Thailand as a same-sex partner then the following would have to be shown. Note that this visa will be applied for in the form of a de facto relationship and not marriage. The relationship must have existed for at least 12 months before you apply for this visa. Note also however that any time spent dating does not count.
You might be granted a visa without having been in a de facto relationship for 12 months if:
· you can demonstrate compelling circumstances, such as having dependent children
· also your partner has been granted a permanent humanitarian
· your de facto relationship has been registered in Australia
For these family type visas it is always best to seek the advice and assistance of an immigration expert in Bangkok. The average processing time for this visa is 12 to 15 months.The spouse visa can become complicated if you do not have all the correct proof and documents for the visa. They do get a visa denial because of this. Seek proper legal advice.
