Living and Working in Australia Forum With Immigration and Travel Information

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-   -   Questions regarding Form 40SP - Sponsorship (http://www.australiaforum.com/visas-immigration/1735-questions-regarding-form-40sp-sponsorship.html)

silentbrodie 03-02-2009 10:34 AM

Questions regarding Form 40SP - Sponsorship
 
Hello to all on the forum, I am completing form 40Sp for my soon to be Turkish husband and just had some quick questions, if some one could help me that would be great.

Q28: I have been residing in Turkey with my fiance for the last 3 years and will continue to until his visa comes through, so my current address is not in Australia. Is this looked down upon?

I have understood that if I write that I am not in Australia, then in a statement I must adress all the points covered in Part I. Is that correct?

Q34: Paid employment in the last 2 years. I had worked in london only for 2 and a half months, should I bother to write this? While I was in Turkey I was helping my fiance run his hotel although was not paid as such. Should I write this down?

Q40: Is a HECS debt considered "an oustanding debt to the Australian Gov or any public authority in Australia"?

Part E - About your home
Q43: We will be living with my parents when we arrive so do we tick HOUSE or OTHER and write living with parents?

47: Do i tick paying home loan (what parents are doing)?
or should i tick OTHER and write that we are staying rent free whilst living there in return for cleaning, shopping and cooking?

Well sorry that was so long, hope someone can help, thanks very much :)

Wanderer 03-02-2009 11:46 AM

Don't know if Immi really look down upon people because they have resided overseas when applying for a partner visa or being a sponsor but they may take into account you ability to meet sponsorship obligations, hence the need to supply details where you've been living overseas.

As for the rest, do not start off telling any fibs for if you're then asked for some form of proof which you cannot provide that'll look more than worse.

And with moving in with the parents, just show that as it is and that you'll earn your keep while you both look for work.
If the partner will have income coming from the hotel still and that can be verified, I'd work that into his application or the sponsorship.

Not sure about HECS, but as a debt, doesn't it become due only when you earn over a certain threshold? and on that basis maybe it doesn't need to be shown.

mike 03-02-2009 03:23 PM

I think Australians finding partners overseas and then wanting to settle in Australia is very common. The scenario you have proposed is probably very typical for new couples to go through.

The debt to Australian government I believe is more like unpaid taxes and not HECS. If you never earn above a certain threshold, you never have to pay the debt back.

As Wanderer said, just be truthful in all of your questions and if in doubt ask here, or you can call immigration. Since you are getting married, the process should be straight forward.

silentbrodie 03-02-2009 09:57 PM

Thanks very much for your help, much appreciated as you cleared some things up.

With regard to the employment, I am sorry I gave the idea I was thinking of being dishonest (but now that I have re-read it, I can sort of see). I was more thinking how likely it will be that I can still get a letter from this employer (in london) all for 2 1/2 months work.

And with regard to the hotel it wasnt paid work so I am not able to put that either. Which on paper makes me look like quite a lazy sod for the past 2 years :(

Thanks so much again for all your help
:)

Wanderer 03-02-2009 11:29 PM

To the contrary silentbrodie, you didn't come across as having an intent to be dishonest and do not think we were thinking that you would be that way.

I can appreciate that helping run a hotel would not have had you sitting on your butt for a couple of years either and no harm in listing both the hotel work as unpaid contribution to the business and even show your 2.5 months in London, even if you cannot get documentation on it and just declare that.

There's never any harm in asking questions and a question to me implies that someone wants to do what is right.

And re the supporting bit for when back in Australia, as well as any savings and/or income from the hotel I'd suggest that if you were exploring the job market already - [not too great at moment and getting worse] and could give an indication of what employment hope/intent was other than being a household couple, that could help.

It is the sort of thing that could come up in an interview, ie. and just what will you be doing longer term to create an income etc.

silentbrodie 03-04-2009 04:33 AM

Thanks again, great advice.

For my employment, I have guarentined full time work on our return with a long term boss who can write me a letter stating as much. And for my fiance, he will have another letter from other friends stating the same for him. (Although we realise that thier situation might change by the time we return)....so for a back up we have typed up his resume in Australian format and hopefully will be atending an english assessment interview this week for his entry into an English course as well.

Do you think this will be enough?

And also Q81: My fiance has served in the Turkish military (compulsory) so do I have to list this with regards to the "have you or any other person included in this application served in a military force....."

Everything just seems like common sense when you think about it, annd then I seem to get confused, thinking about it all too much i think :)

Wanderer 03-04-2009 05:35 AM

Can't really comment on what immi will consider to be enough or how they view the situation when you the sponsor have been out of Australia for so long but I'd expect that the more you can show re having a job to return to, the better your case of being able to support.

As to the Bf's military service, if that is what the question asks then that's what you put down, simple as that.

natti 05-21-2009 05:16 AM

same situation as u!
 
hi silentbrody.... sent u a pm aswell....

Im keen to know if ur visa was approved??

Im in similar situation as u.......... im aussie, living in NZ wiht my mexican fiance and we would like to apply for the visa while still living in nz..... we had the same questions u did in regards to the sponsor requirements......... also will be living with my parents at first when we come to zoz, so not sure if that will work against us too........

Would luv to know how ur application went and if u can give me any hints!!

Thanx,

nat

Megera 05-21-2009 08:47 AM

Quote:

Originally Posted by silentbrodie (Post 5305)
Hello to all on the forum, I am completing form 40Sp for my soon to be Turkish husband and just had some quick questions, if some one could help me that would be great.

Q28: I have been residing in Turkey with my fiance for the last 3 years and will continue to until his visa comes through, so my current address is not in Australia. Is this looked down upon?

I have understood that if I write that I am not in Australia, then in a statement I must adress all the points covered in Part I. Is that correct?

Q34: Paid employment in the last 2 years. I had worked in london only for 2 and a half months, should I bother to write this? While I was in Turkey I was helping my fiance run his hotel although was not paid as such. Should I write this down?

Q40: Is a HECS debt considered "an oustanding debt to the Australian Gov or any public authority in Australia"?

Part E - About your home
Q43: We will be living with my parents when we arrive so do we tick HOUSE or OTHER and write living with parents?

47: Do i tick paying home loan (what parents are doing)?
or should i tick OTHER and write that we are staying rent free whilst living there in return for cleaning, shopping and cooking?

Well sorry that was so long, hope someone can help, thanks very much :)

Quote:

Originally Posted by natti (Post 6376)
hi silentbrody.... sent u a pm aswell....

Im keen to know if ur visa was approved??

Im in similar situation as u.......... im aussie, living in NZ wiht my mexican fiance and we would like to apply for the visa while still living in nz..... we had the same questions u did in regards to the sponsor requirements......... also will be living with my parents at first when we come to zoz, so not sure if that will work against us too........

Would luv to know how ur application went and if u can give me any hints!!

Thanx,

nat



I know this is an old thread and silentbrodie probably has their answers but I thought I'd reply because we're in a similar kind of situation.
I'm Canadian and my spouse is Australian. He lives with me and we're applying in Canada.

1) Current address not in Australia: Like others have said, this doesn't seem to be a problem. It does involve a bit of extra work though in the form of an extra letter to write by my spouse. He had to write a letter about how he would support me financially upon our return to Australia. This letter was completely separate from his letter about our relationship. We also had to send copies of his pay stubs/Canadian tax forms showing his income in the last two years.

2) My spouse has been unable to work since 2007 because we weren't able to secure a work visa for him (he arrived in 2006 on a working holiday visa). We explained in our letters that this situation was out of our control and we chose financial burden over being separated.

3) We listed that we would initially be living with my spouse's parents until we secured enough money to live on our own. I think we ticked "own home outright" (or whatever the equivalent was) because it will be my spouse's parents home that we will initially be moving into.



Now with all that said, our visa hasn't been granted yet but we seem to be getting close (I'm hoping days --- since Immi has everything they need I think it would be cruel of them to wait another 4 weeks (needlessly?) until the minimum average processing time has been met). So far it seems all of our letters and "proof of relationship" stuff has been satisfactory.

mike 05-21-2009 11:43 AM

silentbrodie, thanks for sharing your story. It sounds like you have covered all bases and will be helpful for others in the future.


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