[GSL]

Hello good people,
Your suggestions will be highly appreciated.

I have been requested to provide comment on 5 years limitation for partner visa. Applied on June 2017 visa 309/100.
As I am not eligible to sponsor until first week of March 2018. I understand the limitation time frame( 5 years) is from the date of the first application until the date of decisions on new application. The 28 days notice to provide compelling circumstances takes it to mid February, so my hope is they don’t take decision until early March.

Compelling circumstances criteria,

Please note that, under Australian immigration policy, compelling circumstances include but are not limited to the following:
a) Yourself and your sponsor have a child who is, or who would become, a dependent child of each of you;
b) Your sponsor's previous spouse/ fiancé has died;
c) Your sponsor was abandoned by their previous spouse/fiancé and there are children requiring care and the nature of the hardship/detriment that would be suffered (by the sponsor) if the sponsorship were not approved.
d) 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.


Any comments will be highly appreciated.

 

[JandE]

In your April 2017 question,http://www.australiaforum.com/visas-immigration/213713-limbo-partner-visa-5-years-limitations.html, you said that your reason for applying early was

to avoid some changes coming for partner visa from 1st July 2017, like need to be approved as sponsor before you can lodge the application plus no doubt the price will go up too!!

The advise then was:

Despite official processing times, there is nothing stopping a case officer from assessing your application straight away and refusing it.
If you put in the application too early, it is likely to be refused.

Another also advised using a migration agent in the circumstances, and this may be necessary now, to try to avoid a refusal.

Do you have any of those grounds that you have listed, or was it just to avoid the changes and price increase?

 

[GSL]

Hi JandE,
Thank you for your comment.

We all like Money, don’t we?

The process in itself is so frustrating, I know rules are there for reasons. When the department says the processing time is 11-16 months for offshore parter visa and in my case it’s from India. 5 years limitation might becomes almost 7 years.

Regardless, I believe I have the ground for compelling circumstances. However it’s such a broad topic and who knows what will be the outcome.

Interms of RMA, I’m all for it to pay for the good advice and service but I found out most of the agent are keen on Money( ironic just like me) then the actual service. Some of them don’t even know what they are talking about and claims they are the subject matter expert.

Anyway, what’s you view or if any experience on Likelihood of approval for time extension request to provide the comment on compelling circumstances ?

Regards,
GSL

 

[JandE]

Interms of RMA, I'm all for it to pay for the good advice and service but I found out most of the agent are keen on Money( ironic just like me) then the actual service. Some of them don't even know what they are talking about and claims they are the subject matter expert.

The ones on here, who answer many questions for free, do seem to be pretty good. I now that some, who claim to be migration agents, in other countries are not so good, and can be pretty useless.

Anyway, what's you view or if any experience on Likelihood of approval for time extension request to provide the comment on compelling circumstances ?

You haven't given any idea of compelling circumstances yet, so it is not possible to give any real answer.

I would expect that if you cannot provide an explanation in 28 days, they would assume you haven't got one, and finalise the application accordingly.

If you ask for more time, then it indicates that you haven't decided on an answer yet. That would raise questions on why you don't know.

My only experience is from a relationship with a Federal Government employee, how they think, and how they often like to run by the rule book rigidly. I know how she would decide it... and a new partner visa application is $7,000 now.

If I was you, I would be asking a local MARA Migration agent, even at a cost.

 

[GSL]

Would you be able to recommend a good RMA who could assist in my case please?