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Discussion Starter · #1 · (Edited)
After collecting and reading a lot of really useful information in this forum we are about to start our application for a de-facto visa. We are really struggling and getting really stress with our situation. I never though that it would be so tough to go through all that process so that's why I would like to see if I can find some help or answers here.

Our case is not a A-B-C application because my partner, Irish but an Australian citizenship since 2011, already sponsored another previous partner. He put her in his visa when he got sponsored from his company under an RSMS in 2009. They got granted permanent residency in August 2009 and citizenship by the end of 2011.

We know that he has to wait five years until he can put another sponsor through but there are some compelling situations that they let you sponsor some else if you can prove that your relationship is long standing, which it means that you have been together for a minimum of two years.

We have been together since February 2011, so that's why we are thinking about lodging an application for a de-fato visa between March and April 2013. I am currently holding a Student Visa which expires on the 15 of April of 2013 and I have been in that situation since September 2011 after being in a Tourist visa with no working rights. I really need to work and do something with my live because this situation is overtaking me. My partner can no work overseas for the tickets he has, so that's why we want to give it an option to this visa, but I am not really sure about the result and we don't want to waist more money.

My questions are:

1- Can someone help us giving us some info or knows about any other cases like us? We have been seen different agents, an one said that it was tight but we could do it because immigration takes around 10-12 months to give you an answer and if they reject it we can appeal and for then we would have been together already three years, which it proves even more the long standing relationship. Is that a possible realistic option?

2- After reading here and getting all this amazing information, I am wondering what the agent would do for us??? Money in our situation is a little bit of concern because I can just work part time and we have been paying courses after courses to keep me here, so any money that we could save it would be really good. The agent is asking us 2500 for taking the case + the normal fees for the application 3975. Is it worth paying that money or he is just going to summit the forms? Because that's the feeling I have. I just want to know if I am wrong.

Well I hope that my post is more or less clear and I love to have your answers to help us with all that story. Really appreciate it. Thanks in advance.

:):):):):):):):)
 

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Hi Medoes81

One thing to clarify - your partner had previously sponsored his previous partner in 2009, but exactly what type of visa was it that he sponsored her for? You mentioned an RSMS visa, but was the former partner included on the RSMS application? Sponsored in later on a partner visa? ...?

Re: Agent, only you can tell what the agent will do for the money - the real value of an agent is experience and knowledge about the many regulations and laws that apply to visa cases, and being able to work with you to gather your evidence and make sure your statements and forms are 100% effective and correct. If the agent is only going to give you a checklist and fill in forms, I would recommend you seek a different agent that provides a full service package including help with all aspects of the application package. The price the agent is asking is not unreasonable assuming he's providing good service, but you need to find out exactly what you're getting for the money or it's not worth it.

You are correct - there is a waiver of the 5 year sponsorship limitation available in a number of different situations, specifically where there are "compelling circumstances affecting the sponsor" per the regulations.

Hope this helps - may be able to comment more if you can clarify the visa situation of your partner's previous partner.

Best,

Mark Northam
 

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Discussion Starter · #3 ·
Hi Mark,

Thanks for you quick answer. Here a little bit more clarification of the situation.

Yes, my partner was sponsored in 2009 in the company that he was working and he put in the same visa the partner that he had at that time. They came together to Australia and because he got sponsored he had the chance to include her in the same 857 Subclass RSMS visa. They didn't do any de-facto visa as we have to do now. Both of them got granted this visa with permanent residence in August 2009.

** Does it change the situation the fact he included her in his visa or does it still count for one sponsor??

And I enclose the list of State of Services that the agent is providing us.

1- Providing advice relating to the Client's migration goals and their choice of visa category.
Well that's what we already know, we have to go to De-facto visa, that's why we went to see him.

2- Providing frank and candid advice regarding the prospects of success of the visa application.
That's what I try to find through this forum.

3- Analysing current Immigration Law relating to the nominated visa category or review application.

4- Assisting in the completion and/or checking of relevant application forms.
We got some forms that the agent designed to collect all the information that he is going to transcrip after in the immigration forms. I don't want to pay for a transcription because I am more that fine to fill the immigration forms straight away by myself and of course ask if I have any question, but I don't want people to sell me for a service that is coping my name from one page to the immigration page.
**Is that what all the agents do???


5- Providing advice and assistance relating to documentation required to support the application.

6- Preparation and lodgement of a Subclass 820 visa application for the person listed as Client 1 in this Agreement.

7- Submit the application to the Department of Immigration and Citizenship (the Department) for processing as soon as possible.

8- Wherever possible, supply any further documentation or information requested by the Department on receipt of documents from the Client.

9- Wherever possible, assist the Client to comply with any request made by the Department or review body.

** Are all these services ok? I am just asking this because I have the feeling that we have to prepare everything ourselves, and he will organise the papers, transcript the information and send it to immigration, so I feel like I am paying for something I can do by myself.

Thanks again for your help. It is really useful.
 

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Hi -

That is the usual agent agreement text - as always what really matters is the knowledge and experience the agent brings to the table about current law and regulations.

For instance has your agent clarified that the 5 year sponsorship ban may not apply to your situation since it appears the former partner was not technically sponsored (for a partner or fiancé visa) but was from what you said included in the previous visa application as a secondary applicant? Can be a huge difference depending on the exact situation and how it fits into the regulations.

Best,

Mark Northam
 

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Discussion Starter · #5 ·
Hi again Mark,

It took me a couple of days to have a look at what you said after all Queensland lost the reception because of the floods.

Anyway, I had a talk with immigration and they definitely said what you mentioned.

The ex-partner was not sponsored by him, it was just a second applicant or dependant of the applicant in his visa for his 857 Sponsor, so the company sponsored both of them at the end. He didn't act as sponsor so the ex-partner doesn't count as a previous sponsor for him. He has the right to sponsor me with no restriction as far as I understood.

I can't believe that the two agents we saw could not be able to tell us this... This has totally changed my situation. You don't know how happy I am to have a different perspective in our future to be in Australia.

I have only words of gratitude for the information you have given me. I really want to say thank you, thank you for doing this, and for spending your time answering my question. Thanks again Mark.

My best regards,

Merce
 

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Hi -

Glad I could help!

There are many requirements for every Australian visa (in addition to any sponsorship bans or not), so it's very important to make sure the sponsor and applicant meet every one of them - it's hard to do that on a forum like this where we can only discuss things generally, but one way or another whether you engage an agent to assist you or you do it yourself, it's absolutely critical that you go over each and every requirement for the visa you want and make sure you satisfy them.

Best,

Mark Northam
 

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Discussion Starter · #7 ·
Hi Mark,

I am just contacting you again to thank you for your help in the post you wrote answering my question.

Today I got my visa approved!!! I just lodge it on the 2nd of April and after 10 working days it has been granted. I am so excited I can still not believe it!!! This is so unexpected, but we are so, so happy!!!

After your reply and your information, we decided to apply by ourselves. I have to say I got a lot of really useful information on this forum and I have to specially mention you because you put us on the right track and gave us a really good advice. Thanks again for your help, we really appreciate it.

Thanks again.

Merce
 

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Hi -

Congratulations on your visa grant, and thanks so much for the kind words - truly appreciated! It was a great outcome, and I'm very happy for you.

Best,

Mark Northam

Hi Mark,

I am just contacting you again to thank you for your help in the post you wrote answering my question.

Today I got my visa approved!!! I just lodge it on the 2nd of April and after 10 working days it has been granted. I am so excited I can still not believe it!!! This is so unexpected, but we are so, so happy!!!

After your reply and your information, we decided to apply by ourselves. I have to say I got a lot of really useful information on this forum and I have to specially mention you because you put us on the right track and gave us a really good advice. Thanks again for your help, we really appreciate it.

Thanks again.

Merce
 
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