If you are applying for an Australian spouse visa for a Thai or an Australian fiancée visa for a Thai national then you will have to obtain a statutory declaration from two witness who can attest to the fact that your relationship is genuine and that there is no fraud involved. This get to be a bit difficult if you have lived in Thailand for a long time as the rules for the declaration can be interpreted in many ways.
Safe to say it is always best to contact a lawyer in Thailand for information and guidance.
The rules on the declaration states:
- Someone who knows the applicant and their partner and
- Someone who knows the history of their relationship;
- The person is at least 18 years of age; and
- The person is an Australian citizen or Australian permanent resident
It’s not going to be easy to find an Australian national in Thailand to verify and make this declaration for you unless you have a network of Australian friends. There is however fine print in the declarations which goes on to state that:
If the visa applicant is outside Australia and is unable to have an Australian citizen or Australian permanent resident complete this form, any person who knows the applicant and their partner or fiancée may also complete this form.
Note also that this person or people as you need to witnesses to the relationship need to make this declaration and they also need to identify themselves by name, address, age and their Australian passport. The Embassy will need to have certified copies of these documents from the witnesses. Note that if the witnesses are not Australian citizens or permanent residents then the statement should be witnessed or certified according to the legal practices of Thailand.
This statement will ask the following questions:
- State how you know the applicant and the applicant’s partner or fiancée;
- How often do you see them?
- State whether you believe the relationship of the applicant to be genuine and continuing;
- State why you believe this;
These are the main questions for the statement which needs to be made. It’s a 3 page application form that needs to be completed. Speak to a lawyer in Thailand for more information and assistance if you do not understand the purpose or the completing of the forms. Most law firms in Thailand tend to register a marriage and apply for the visa when the registration is complete. This saves time and you can also make the needed arrangements as the attorneys would know which forms need to be completed and how to make the application process error free.
Before you embark on a visa application for an Australian visa speak to a lawyer in Thailand. Most expat firms will assist you on the initial consultation for free where you can decide for yourself if you wish to do it yourself or to use their services. Trying to save money upfront is not always wise if the visa is denied dues to errors or omissions which costs far more to rectify than doing it correctly the first time around.