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2K views 6 replies 5 participants last post by  henry.olonga 
#1 ·
I NEED HELP!

Here is my timeline:
May 2016 - granted a Subclass 189 visa as Single
June 2016 - made first entry, but immediately went back to PH for work
Aug 2017 - will get married in the Philippines
Jan 2018 - planning to move to AU permanently, partner to stay in PH until we get him an AU visa
ASAP - planning to apply Partner VISA for my partner

Questions about a few scenarios:
1. Is there a way I can apply for Spouse/De Facto/PM Visa for my fiance now from PH, while we're waiting for our wedding and my actual move to AU, just to cut some waiting time?
2. After getting married here in PH, is there something I need to do to notify immi of my change in marital status?
3. Can I sponsor my partner (who's in PH) immediately after I arrive in AU or is there a minimum period of actual residency I need to gain first and be this "usually resident" PR?
4. Can I sponsor a partner visa while still job-hunting or should I be gainfully-employed by the time I apply?
5. How to prove financial ability to sponsor, how many months/years worth of cost of living are they talking about here?
6. Can his own (or his family's) financial standing in PH be proof of financial ability to stay in AU with me? How?
7. Can my family in AU sponsor him on my behalf? How?

I would love to be able to move to AU with him already, if that's possible. But if not, any tips to start it right?
 
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#2 ·
Australian permanent residents must be " usually resident" in Australia if they want to sponsor someone for a partner visa.
 
#3 ·
Hi, we're from PH too and I think we almost have the same situation but on my case it's my hubby who's a PR

Feb 2015 - hubby's subclass 189 PR granted as single
Aug 2015 - first entry to validate visa
Dec 2015 - we got married
Sept 2016 - baby was born
April 2017 - hubby moved to AU for good

My question is also the same as yours.
-Does my husband need to notify immi of his changed status from single to married before he can sponsor us?
-I know that in order to sponsor a partner, the PR should be a "usual reaident in AU" what is the minimum requirement of his stay in AU before he can sponsor.

We're planning to lodge our onshore visa 820/801 by August this year but I'm still quite unsure about the things above.

I hope anybody can elighten us here.

Thank you!!
 
#4 ·
Hi Macky,

We're from PH too and I think we almost have the same situation but on my case it's my hubby who's a PR

Feb 2015 - hubby's subclass 189 PR granted as single
Aug 2015 - first entry to validate visa
Dec 2015 - we got married
Sept 2016 - baby was born
April 2017 - hubby moved to AU for good

My question is also the same as yours.
-Does my husband need to notify immi of his changed status from single to married before he can sponsor us?
-I know that in order to sponsor a partner, the PR should be a "usually resident in AU" what is the minimum requirement of his residency in AU before he can sponsor.

We're planning to lodge our onshore visa 820/801 by August this year but I'm still quite unsure about the things above.

I hope anybody can elighten us here.

Thank you!!
 
#5 ·
This is a question that it's hard to give a hard and fast answer to. I'm not sure there is a hard and fast rule around what constitutes "usually resident." My understanding is that determining if a sponsor is "usually resident" is something Immi may have some leeway around and it may depend on how much of a life you've built in Australia and what evidence you have that you intend to stay (but I'm not sure). I can say I've seen people say the typical guidelines are two years in Australia first, but I'm just not positive how up-to-date that information is or, like I said, how much discretion/leeway there may be with the rule. I think you're best off talking to a MARA-registered migration agent (like those who post on this forum) to see what they'd usually recommend. My husband sponsored me immediately after he got PR, but he'd been living in Australia for two years at that point.
 
#7 ·
Very interesting comments regarding "usual resident".

Since I am also sponsoring my wife for a 309/100 application, I would like to ask if there are any instances where a person has been REFUSED to sponsor someone because the sponsor is NOT usual resident ???

Does this has something to do with the jurisdiction where one applies from ?
I mean is it something related to the country from where the applicant belongs to? (Assuming different high commissions have different interpretation of the term "usual resident")

Regards,
Henry
 
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