Australian visa for Thai girlfriend – General Immigration

How to obtain an Australian visa for Thai girlfriend? You are in
a relationship with a Thai woman, and you want to take her to
Australia for various reasons – whether for a quick vacation,
the holidays, or perhaps you plan to marry her.

However, taking your Thai girlfriend is not that easy because
Thailand is considered to be a high-risk country as far as
Australian immigration is concerned.

Hence, a Thai national is considered a high-risk traveler and
not eligible to apply for an
ETA visa (or an Electronic Travel Authority that allows you to
visit Australia as often as you wish in a 12-month period and stay
up to 3 months at a time); they must apply for other types of
Australian visas such as a visitor visa.

The Migration
Act and Regulations
regulates who may be able to enter Australia, and states the
qualifications required. This article will discuss all you need to
know about an Australian visa for Thai girlfriend.

Options for Australian Visa for Thai Girlfriend: Australian
Visitor Visa Applications

This is the most popular route for Thai citizens to come to
Australia for tourism, family visits, or even business visits.

Thai nationals are qualified to apply for the following visitor
visa subclasses:

• 
  Tourist visa (subclass 600). This type of Australian tourist
  visa allows the visa applicant or holder to stay in Australia for
  holidays, breaks, or other recreational purposes for either three
  months, six months or even a year.




• 
  Sponsored Family Visitor visa (subclass 600). This could be an
  alternative to an Australian tourist visa, especially if your Thai
  girlfriend has family members already in Australia. This type of
  visa allows the holder to visit their family or relatives in
  Australia for a maximum of 12 months. It also requires a formal
  sponsorship from the Australian citizen or permanent resident.

It is significant to note that with these visas, your Thai
girlfriend can arrive in Australia as a visitor only. Thus, she
cannot stay for longer by extending these visas. She must apply for
another visa.

Qualifications for Australian Visa for Thai Girlfriend

Generally, your Thai girlfriend must show that she:

• Is genuinely seeking to enter Australia for a limited period of
  time as requested in the application;




• not using the visitor visa as a means for extended stays to
  live in Australia through extensions or multiple successive
  visits;




• will not work in Australia;




• has sufficient funds to support herself on her visit without
  the need for public funds or employment; and




• has the means to leave Australia at the end of her stay.

In the case of sponsorship, the following should be
provided:

• Invitation letter by an Australian citizen or permanent
  resident;




• Sponsorship letter by an Australian citizen or permanent
  resident; and




• Evidence of employment, bank savings and accommodation by the
  sponsor.

Genuine Intention to Stay Temporarily in Australia

One of the requirements for an Australian visa for Thai
girlfriend is that she must intend to stay only for a limited
period of time, or temporarily. It is not enough that you merely
claim that your Thai girlfriend only wants to visit Australia for a
holiday or that you guarantee that she will return to Thailand
after her visit.

A person cannot simply guarantee that the visa holder will
comply with the conditions of their visitor visa. Furthermore,
having a huge amount in the Thai girlfriend’s bank account does
not guarantee the grant of a visa.

The Australian government would like to make sure that your Thai
girlfriend will indeed return to Thailand. Hence, she should be
able to prove her strong ties and long-term relationship with
Thailand.

Important factors to consider in proving her ties to Thailand
are as follows:

• Evidence of stable employment




• Savings in Thai bank account




• Personal Assets and Properties




• Dependents in Thailand

However, tourist visa applicants relying on sponsorship from
their Australian partners, friends, and relatives will just need to
provide all their details and necessary documents to their sponsors
as their sponsors will be the one lodging a formal sponsorship.

When a visitor visa application is assessed, many factors are
included, such as the country of passport, age, employment,
evidence of a savings history, family ties in the applicants’
country, any history of previous visa compliance, and social and
economic factors in the applicant’s country.

These factors are not exclusive; in fact,
Clause 600.211(c) of the Migration Regulations requires the
Australian embassy to consider “any other relevant
matters” in assessing whether an applicant meets the genuine
temporary entrant criterion.

Options for Australian Visa for Thai Girlfriend: Australian
Fiancée Visa or
Prospective Marriage Visa

Perhaps you want to obtain an Australian visa for Thai
girlfriend because both of you are planning to get married. For
Thai nationals who plan to visit Australia in order to legally
marry an Australian national, the visa needed is a Prospective
Marriage Visa, popularly known as the “Australian Fiancee
Visa”.

This Visa allows your Thai girlfriend to reside with you in
Australia. Such visa holders are allowed to stay in Australia for a
period of 9 months and can have their visas amended after getting
married.

To serve as a sponsor for your Thai fiancée to Australia,
you need to:

• Have Australian citizenship, a permanent Australian residency
  status, or be an eligible New Zealand citizen;




• Be 18 years of age or older;




• Be legally allowed to marry; and




• Have met your fiancée in person and have personally
  known each other.

For your Thai fiancée, she would need to:

• Be 18 years of age or older;




• Be legally allowed to marry;




• Pass a character clearance or have no criminal record;




• Pass a health clearance; and




• Have met her sponsor in person and have personally known each
  other.

It is crucial to note that the law requires you both to have met
personally. Hence, if you are in an online relationship with your
Thai girlfriend, the requirement for the visa is not met.

Requirements for the Australian Fiancée Visa

To apply for such visa, the specific requirements for the
application are as follows:

• Genuine intention to marry. You must have
  evidence of having a genuine relationship to show your sincere
  intention to get married. It is also required to show proof of a
  genuine and ongoing relationship as well. Hence, it is best to keep
  every piece of evidence proving your relationship, such as photos,
  email exchanges, money transfer receipts, flight tickets, among
  others.




• Sufficient funds and accommodation. As the
  sponsor of your Thai fiancée, you should be able to show
  proof of your financial capacity and accommodation to support her
  once she arrives in Australia.

Benefits of the Australian Fiancée Visa

Once approved, your Thai fiancée will be entitled to the
following privileges:

• The ability to enter Australia prior to the marriage;




• Travel in and out of Australia multiple times within the
  allowed 9-month period of stay;




• Work legally in Australia;




• Apply for a partner visa or
  Spouse Visa after registering the marriage; and




• Study in Australia (without entitlement to government
  funding).

Seeking Legal Advice

This article gives general advice, guidelines and qualifications
on Australian visa for Thai girlfriend. For your specific
situation, it is best to seek legal advice.

JB Solicitors has a
team of experienced lawyers that can give you the best legal
services. We can give a full review of your application and ensure
that you obtain an approved Australian visa for Thai girlfriend. We
can also answer any queries you may have regarding the visa
application process.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.