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Discussion Starter · #1 ·
Hi, new to forum so please let me know if question is to complicated.
I have previously sponsored two people (17 years ago and 6 years ago). Both got TR visa then PR. Both left relationship.
I have since meet someone and we have formed a permanent relationship. (Engaged recently) Known each other 8 months and I have been Phil 2 times. She is currently in Australia on 3 month tourist visa.
My question is what is the best way to go about being together forever in Australia?
My understanding of the rules is it is a 2 year wait before you can apply and then only 'compelling' or if have 'dependant' children would be considered.
Any help or guidance would be appreciated. There must be people who have had similar situations.
Thank you in advance.....
 

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Your sponsorship might not be approved if you:

were sponsored for a Partner or Prospective Marriage visa within the past five years

have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa

have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.

Your sponsorship could still be approved in compelling circumstances, such as:

your previous partner has died or abandoned the relationship, leaving you with young children

your relationship with your current partner has been longer than two years

you and your partner have dependent children from your relationship.
 

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Discussion Starter · #3 ·
Thanks for reply.
Yes,info same as on government website. I was hoping to get advice from people who had actually gone through same thing.

Also- does anyone recommend we apply for student visa or further tourist visa. That way at least we would be together while waiting for 2 years to be up.

Thanks again
 

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Yeah that info was a direct copy and paste job - you would be surprised by the number of people that can't find it.

The student visa -> partner visa adds an additional red flag to the process.

Tourist visa, don't forget you must meet genuine entrant requirements. Having a refused or even cancelled visa for not meeting requirements would make your case all the more difficult. Perhaps consider traveling to your partners country for a while?

Considering the history involved in your case it would make more sense to consult an migration agent then to do it alone, an early consult would let you know exactly where you stand and how to proceed.
 

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The problem is that a waiver for the sponsorship limitation can only be requested by lodging a new partner visa application.

You'd have to provide evidence of compelling circumstances affecting the interests of the sponsor.

For example;

-the applicant and their sponsor have a dependent child who is dependent on each of them
-the death of the previous partner
-the previous spouse abandoning the sponsor and there are children dependent on the sponsor requiring care and support
-the new relationship is longstanding

Some general aspects that may be important are:

-the nature of the hardship/detriment that would be suffered (by the sponsor) if the sponsorship were not approved.
-the extent and importance of the ties the sponsor has to Australia, and the consequent hardship/detriment that would be suffered if the sponsorship were not approved and the sponsor were to feel compelled to leave Australia to maintain their relationship with the applicant.
 

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Discussion Starter · #7 · (Edited)
Thanks Nick.
It looks like we have to wait 2+ years to be 'longstanding' or have a child (does the department relise that some couples will just have baby to get the visa? Not because they want to start a family!)
The only compelling reason would be that I am 10-15 years away from retirement and to leave Australia and live in Phil would mean my retirement savings will not grow and I would very likely end up being pension dependent upon retirement. However I believe they would just say bad luck to that reason.
In your opinion how likely would a visa be if say we were together for 2 years before we applied? That is - what is 'longstanding'.
 

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Here is an extract from a case involving a shedule 3 waiver. You can expect similar reasoning to apply in your case:

The first ground in the application is that the Tribunal failed to consider a component integer of the applicant's claim. The applicant argued that the Tribunal did not properly appreciate the significance to be attached to the duration of the applicant's relationship in determining whether to exercise the waiver provision. Support was drawn for this submission from the fact that the applicant's agent had made a submission to the Tribunal on the basis of the following extract from the Explanatory Statement that was issued by the Minister in connection with the Regulations which inserted cl.3001[1]:
• It is expected that the waiver will be exercised only where there are reasons of a "strongly compassionate" nature such as:
o - where there are Australian-citizen children from the relationship; or
o - where the applicant and his or her nominator are already in a long-standing relationship which has been in existence for two years or longer.
13. Two things may be noted about the agent's submission: first, he did not include the whole of the relevant passage from the Explanatory Statement. He omitted the following sentence:
o In these circumstances, waiver may be justified by the hardship which could result if the Schedule 3 criteria were not waived.
14. Secondly, the agent did make a submission which almost reflected that sentence:
o In this instance the waiver is justified by the hardship which would result if the Schedule 3 criteria were not waived.
15. The difference between that submission and the omitted sentence is that the latter clearly reflects the fact that, even where there is a two year relationship, the decision-maker may not be satisfied that there are compelling reasons. In any event, the submission did not go so high as to say that the Tribunal was required to be satisfied that there were compelling circumstances simply because the relationship had been on foot for over two years.


May I suggest that you obtain professional advice about strategy?
 

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Thanks Nick.
It looks like we have to wait 2+ years to be 'longstanding' or have a child (does the department relise that some couples will just have baby to get the visa? Not because they want to start a family!)
The only compelling reason would be that I am 10-15 years away from retirement and to leave Australia and live in Phil would mean my retirement savings will not grow and I would very likely end up being pension dependent upon retirement. However I believe they would just say bad luck to that reason.
In your opinion how likely would a visa be if say we were together for 2 years before we applied? That is - what is 'longstanding'.
My view is that there is very little compassion around at the moment. I have seen several cases where Australian citizens were told to just go and live in India or the Philippines with their respective partners. The bloke with the Philippines partner was told he could simply sell his Australian business and get a job in the Philippines.He did decline the offer...

The visa would not necessarily be the problem, but your eligibility as a sponsor will be. You'd really have to throw everything possible at it and you would not know if a waiver was granted until you lodged the application and risked the massive application fee.

I really can't speculate on outcomes. It all comes down to individual cases, but the current political environment is rather harsh when it comes to these things.
 

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The bloke with the Philippines partner was told he could simply sell his Australian business and get a job in the Philippines.
I was told by a compliance officer in Darwin that if I liked the Philippines so f***ing much, I could renounce my Austalian citizenship.
 

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I was told by a compliance officer in Darwin that if I liked the Philippines so f***ing much, I could renounce my Austalian citizenship.
Wow, was that comment made verbally? Surely that is a breach of misconduct?
 

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Discussion Starter · #12 ·
Thank you for the extract and the other comments. Very helpful. I will seep agent advice.
I was thinking of my fiancé applying for a student visa. Genuine. She needs better English.
 
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