Question for Australian blokes who have had a thai wife in Oz.

[punch]

Long story short. Had a child with a thai girl here in Oz, some how we worked it so she could stay if i married her. She only came here on a tourist visa. I wanted my son born here at all costs.

 

Anyway she got her 5 year permanent resident visa. But after 2 years of living here she returned to thailand. Now she has been out of the country far to long to qualify for an extension and now wants to return as she has 1 year left. I am divorced and my son lives with me full time. The law is on my side in this case even though she will create headaches as in just expecting to drop in at anytime, i just know it.

 

However my real question is once her year is up. Can she apply for some sort of residency again being her child is Australian and how much would it cost her. Or even how difficult is this for her to do so. Im guessing if she has legitimate full time work it may be easy? She will get no sponsorship from me either..

 

Its a bit of an unusual situation, i dont expect to many people to have any information. But i thought its worth a try.

 

Regards, Punch

[iaht]

My wife is due to start her PR process in Jan 2017. I am no visa expert but the way i see it is that if your ex wife comes back to Australia before her visa expires  and she is here on her PR expiry date she can stay indefinitely in Australia. The only catch is if  she only stays for a short period of time and goes back to Thailand she wont be able to return back to Aus on her PR visa. But if she stays in Australia for over 2 years and then applies for a subclass 155 visa and pays the $360 she can then start the 5 year PR visa again .

[Scumbag]

I am in the process of getting my wife to lice in Australia and I have looked at this aspect of things. It is more from the point of how much time we can spend outside Australia and maintain her residency. My answer assumes that she has full PR rather than the two year temporary residency.

 

Your wife's current visa allows her to come and go as she wishes. She can arrive in the country at any time before the visa has expired. After that visa has expired she must apply for a re-entry visa if, and only if, she wishes to leave. I can't remember what the length of time was but the person had to be in the country for a certain amount of time before that visa could be granted. What this means for you is that she has every right to go back to Australia. At the end of her visa she is not compelled to leave the country as she has permanent residency. The only issue she may have is if she wants to leave the country for a short period of time. BTW since you have custody of her child I think Immigration are unlikely to not allow her to come and go as she pleases as they have the power to make allowances for important circumstances.

 

Basically if she wants to stay in Australia there is nothing stopping her from doing so.

[Scumbag]

I am in the process of getting my wife to lice in Australia and I have looked at this aspect of things. It is more from the point of how much time we can spend outside Australia and maintain her residency. My answer assumes that she has full PR rather than the two year temporary residency.

 

Your wife's current visa allows her to come and go as she wishes. She can arrive in the country at any time before the visa has expired. After that visa has expired she must apply for a re-entry visa if, and only if, she wishes to leave. I can't remember what the length of time was but the person had to be in the country for a certain amount of time before that visa could be granted. What this means for you is that she has every right to go back to Australia. At the end of her visa she is not compelled to leave the country as she has permanent residency. The only issue she may have is if she wants to leave the country for a short period of time. BTW since you have custody of her child I think Immigration are unlikely to not allow her to come and go as she pleases as they have the power to make allowances for important circumstances.

 

Basically if she wants to stay in Australia there is nothing stopping her from doing so.

The amount of time to be spent in Australia for the return visa is 2 years in the last 5 (see below - Source, look in the Visa Applicant tab)

 

Subclass 155 Resident Return visa

You might be able to be granted this visa if you:

• have spent a period totalling two years in the last five years in Australia as either an Australian permanent resident or citizen (the 'residence requirement').

[punch]

Thanks guys. Sounds like she will have no problems getting a visa to stay. The only thing i could see stopping her would be the cost if she didn't qualify. She hasnt lived her for going 2 years..

[Scumbag]

Thanks guys. Sounds like she will have no problems getting a visa to stay. The only thing i could see stopping her would be the cost if she didn't qualify. She hasnt lived her for going 2 years..

Perhaps you haven't fully understood what I posted. If she returns before her visa expires there is nothing that she needs to qualify for. To stay in the country after the end of that visa she does not need to apply for anything. Basically there is nothing stopping her from living in Australia as long as she arrives before her current visa expires.

[kd_traveller]

Or putting it another way, her permanent residency gives her the right to permanently live in Australia, however with permanent residency you have to have a visa to enter and leave Australia.  This is usually given for five years, so she could re-appear the day before the visa expires and stay as long as she like, however if she decided to leave the Australia again within two years she may not get a visa to re-enter.  Once she has stayed for 2 years in a 5 year period, she can apply for another 5 year entry and exit visa.

 

"If you have lived in Australia for at least two years of the past five years and are granted a Subclass 155 Resident Return visa it will have a five year travel facility from date of grant."

 

So it would seem that as she has already spent two years living in Australia, she could rock up on the last day of the visa, spend a few months in Australia and be entitled to another five year entry and exit visa!

 

There is no cost for a visa for her to come to Australia now as she already has a visa! 

[punch]

Thanks scumbag and KD.. i get it now.