Australian Fiancée Visa
There are a number of Australian visas which you can apply for from Thailand. One of the most common visa applications is an Australian Fiancée visa for a Thai which you can apply for while in Thailand. There is also a spouse visa if you are married to a Thai national and you can search this website for more information on this.
Note that the Thai fiancée visa for Australia is called the Prospective Marriage (temporary) – Subclass 300 visa. This is a temporary Australian visa for your Thai fiancée and has been issued on condition of marriage back in Australia. The visa would be the same as the US Fiancée visa for a Thai as the Australian fiancée visa also has a time limit and condition. The Australian fiancée visa for a Thai has a time limit of 9 months once she enters Australia. Note also that the visa application process can take up to 12 months to complete.
Documents needed would be amongst others a health certificate as well as a police clearance certificate. There can be delays as most are caused by incorrect documents or incomplete forms. If you are already married then you would have to apply for a marriage visa and not the fiancée visa. Always take proper legal advice when dealing with immigration matters.
Once your Thai fiancée enters Australia she will have to get married within 9 months of entering. Once you got married she will have to apply again to have her status changed. To a provisional partner visa. If you have lived together in Thailand for longer than 3 years then you might want to consider a partner visa. You can also apply for an Australian partner visa if you have 2 or more children. This would be much easier to do than the fiancée visa. Speak to a local attorney about these options that you have.
Also take note that if you are going to be taking depended children or person with you to Australia on your fiancée visa then you will note that there are limitations on them entering Australia with you. There are two limitations here so take note:
- You dependents cannot enter Australia before your Thai fiancée;
- Your dependents cannot get married before they enter Australia.
The marriage laws in Thailand are not the same as Australia and you might want to consider a prenuptial agreement before you start the process. You can search this website for more information about the differences in marriage laws and property laws [here].
If your fiancée has minor children from a former marriage then speak to an attorney about this as taking children across international borders can present a problem. There might be restrictions in her divorce agreement or issues of paternity as these are common issues in Thailand. Always take proper legal advice and guidance when dealing with international migration and Thai family law when there fall between two countries legal systems. Search this website for more information.