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My wife (chinese) and I married last year 28th May 2011. We have been together for 3 years. When we went to remarry in China her Student Visa expired and she could not return. Our son born in Australia on August 14th 2011 is stuck there with her.

I need advice on getting her home and applying spouse visa. It is complicated. Previous to meeting her I was on Parole as an Australian after making a severe life error. I have a violent criminal record so this worries me although since that time in 2008 I've done nothing violent since. However in August 2010 we had police put a DVO order against me on her behalf, which later became complicated by Child Safety, who intervened after our child was born in Nov 2011.

We have both come a long way since these troubled times but are now separated and still very in love.

I'd like to know if anyone has any experience with Spouse visa's in situations where the likely sponsor has a conviction for violence, or has a DVO order in place which has not ever been breached??

I'd also like to know as a Sponsor having been out of work twice in the past two years, once after losing work when my workplace and area went underwater, second when I travelled to china after my spouse became stuck there. I have only just secured ongoing work as a casual and earn in this job about $45000 per year. Is that enough to pass sponsorship?

Her father is wealthy and likely could sponsor her when and where I can not, does anyone know if that is possible?

And lastly if I can wrap my head around all these issues for an application. Can I bring her here on a holiday visa for say 3-6months to prepare our application? And if so does she and our son have to return whilst awaiting approval? Or can she stay given consideration that we are parents with a child?

Any and all thoughts and information given thanks in advance!

Azza
 

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Hi Aussie_One I'm sorry I can't give any useful advice as yours is a complicated case but I'd say your best bet now is to consult a migration agent

Cheers and good luck!
 

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Hi, mate. very sorry to hear your situation here. i think you are trapped with your record which disqualify you to be a sponsor here. actually, there is another very possible alternative way of getting your wife back australia, read on the immigration website for family reunion visa.....as i know this visa doesn't require any sponsorship, the idea is simple, if you are an australian citizen, then your child was born to be australian citizen naturally, and your wife is the last family member overseas, then as long as you can prove the relationship between you and your wife, i suppose marriage certificate will do, and then the evidence of your wife's relationship with your child, i think you will be reunified very soon. good luck!!!
 

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My wife (chinese) and I married last year 28th May 2011. We have been together for 3 years. When we went to remarry in China her Student Visa expired and she could not return. Our son born in Australia on August 14th 2011 is stuck there with her.

I need advice on getting her home and applying spouse visa. It is complicated. Previous to meeting her I was on Parole as an Australian after making a severe life error. I have a violent criminal record so this worries me although since that time in 2008 I've done nothing violent since. However in August 2010 we had police put a DVO order against me on her behalf, which later became complicated by Child Safety, who intervened after our child was born in Nov 2011.

We have both come a long way since these troubled times but are now separated and still very in love.

I'd like to know if anyone has any experience with Spouse visa's in situations where the likely sponsor has a conviction for violence, or has a DVO order in place which has not ever been breached??

I'd also like to know as a Sponsor having been out of work twice in the past two years, once after losing work when my workplace and area went underwater, second when I travelled to china after my spouse became stuck there. I have only just secured ongoing work as a casual and earn in this job about $45000 per year. Is that enough to pass sponsorship?

Her father is wealthy and likely could sponsor her when and where I can not, does anyone know if that is possible?

And lastly if I can wrap my head around all these issues for an application. Can I bring her here on a holiday visa for say 3-6months to prepare our application? And if so does she and our son have to return whilst awaiting approval? Or can she stay given consideration that we are parents with a child?

Any and all thoughts and information given thanks in advance!

Azza
Mate
Looks like you had a troublesome begins with your wife. Never the less, you are wasting your time and money with the Australian so called Agents and the Australian Immigration itself.

If you love your wife and miss your child I suggest go and live in China, if her father, as you claim is wealthy, this means he has gunxi (connections) and would get you a corresponding job. China is a magnificent country to live, stay there 2-3 years and then go to the Australian Embassy in Shanghai and make a new application. I done the same (under different circumstance) and it worked just fine.

The Embassy in Shanghai is manned mostly by Chinese and they tend to overlook, since your marriage is a strong one now, the problems of the past. The problem I have now, once you are infected with the Chinese way of life, one can't live in the west anymore.

Take care
 

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I'd like to know if anyone has any experience with Spouse visa's in situations where the likely sponsor has a conviction for violence, or has a DVO order in place which has not ever been breached??
Hmmm... was that against your current spouse or previous spouse? If so, it may be a big problem.

Also, is the case still open or has it been now closed?

As per Immi website, sponsor needs to meet the following criteria:

Eligibility criteria

To be an eligible sponsor you must be all of the following:

an Australian citizen or an Australian permanent resident or eligible New Zealand citizen who want to sponsor the visa applicant as your partner to Australia
in a married or de facto relationship with your partner
if married, generally aged 18 years of age or over
if in a de facto relationship aged over 18 years of age.
If you are married and 16 or 17 years of age, your parent or guardian must be your partner's sponsor.

When you may not be eligible

You may not be able to sponsor your partner if any one of the following applies:

you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)
you have sponsored another partner within the last five years
you were sponsored for a partner visa as a partner yourself within the last five years
you are the holder of a Woman at Risk visa (Subclass 204)
you have a conviction or an outstanding charge for an offence against a child.
This is what Immigration website says.

I have only just secured ongoing work as a casual and earn in this job about $45000 per year. Is that enough to pass sponsorship?
5 years ago when I brought my Chinese wife to Australia, I only had casual work and earned around $800 - $1000 per week before tax. Immigration Office asked me only if "my wife is aware how much I earn" and there was no problem with it. I think they also asked me how much my rent cost me and if I was renting by myself or sharing.

Her father is wealthy and likely could sponsor her when and where I can not, does anyone know if that is possible?
Very unlikely to be honest.

Can I bring her here on a holiday visa for say 3-6months to prepare our application? And if so does she and our son have to return whilst awaiting approval?
You can definitely invite her here. It increases chances of getting the visa. Not sure if she will be able to stay while waiting for spouse visa. Best thing to call Immigration Office
 
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