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Discussion Starter · #1 ·
Hello,

Okay fasten your seat belt, it's quite the story, but I really need help...

Back in France years ago I met an Australian citizen. We lived together five years, we had a child together. Then she presured me to move to Australia, I did not want to but she pretty much threatened to kill herself if I refused, so I accepted. We applied for a Partner Visa for me.

I wanted to get married before moving because I knew my family would not be able to travel to Australia. We got married three months before moving.

We arrived in Australia. Three weeks later, she broke up.

So I am stranded here, and I cannot take my child out of the country, so I have to stay.

Two years later... I have met a Chinese woman and we have build up a nice relationship together. My child loves her too. It has been more than a year. But she only had a visitor visa. She is not able to stay any longer.

We have decided to get a Prospective Marriage visa. No problem for the application itself. I already had to apply for my own visa before so I know what we need. We have tons, TONS of documents to support the genuineness of our relationship, pictures, proofs of presence to social events, dozen witnesses, endless logs of Skype calls, etc.

But the problem is, I was sponsored on a Partner visa less than 5 years ago. Technically, I am not allowed to sponsor her.

Except if I have compelling circumstances. And I have one: I have a child in Australia and the previous partner abandoned the relationship.

So here is my question: when we apply for the Prospective Marriage visa and I enter my sponsorship docs, how do I prove this? How do I prove my compelling circuimstance? Do I just put a birth certificate of my daughter and a divorce paper or something like that? Or do I need more?

Please help - we will have to pay that absurdly high fee for a visa again, and before we apply it would really be awesome if someone tells us what chances we have of being rejected - and if it happens, I really have no idea what we will do...
 

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Hello,

Okay fasten your seat belt, it's quite the story, but I really need help...

Back in France years ago I met an Australian citizen. We lived together five years, we had a child together. Then she presured me to move to Australia, I did not want to but she pretty much threatened to kill herself if I refused, so I accepted. We applied for a Partner Visa for me.

I wanted to get married before moving because I knew my family would not be able to travel to Australia. We got married three months before moving.

We arrived in Australia. Three weeks later, she broke up.

So I am stranded here, and I cannot take my child out of the country, so I have to stay.

Two years later... I have met a Chinese woman and we have build up a nice relationship together. My child loves her too. It has been more than a year. But she only had a visitor visa. She is not able to stay any longer.

We have decided to get a Prospective Marriage visa. No problem for the application itself. I already had to apply for my own visa before so I know what we need. We have tons, TONS of documents to support the genuineness of our relationship, pictures, proofs of presence to social events, dozen witnesses, endless logs of Skype calls, etc.

But the problem is, I was sponsored on a Partner visa less than 5 years ago. Technically, I am not allowed to sponsor her.

Except if I have compelling circumstances. And I have one: I have a child in Australia and the previous partner abandoned the relationship.

So here is my question: when we apply for the Prospective Marriage visa and I enter my sponsorship docs, how do I prove this? How do I prove my compelling circuimstance? Do I just put a birth certificate of my daughter and a divorce paper or something like that? Or do I need more?

Please help - we will have to pay that absurdly high fee for a visa again, and before we apply it would really be awesome if someone tells us what chances we have of being rejected - and if it happens, I really have no idea what we will do...
You'd have to provide a detailed submission with the application explaining why you think the sponsorship limitation should be waived and include supporting evidence.

Problem is that you cannot apply for or obtain a seperate waiver first, you have to lodge the application and pay the non-refundable fee and ask for the waiver at the same time.

When exactly was your first visa application lodged ?
 

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Discussion Starter · #3 ·
You'd have to provide a detailed submission with the application explaining why you think the sponsorship limitation should be waived and include supporting evidence.

Problem is that you cannot apply for or obtain a seperate waiver first, you have to lodge the application and pay the non-refundable fee and ask for the waiver at the same time.

When exactly was your first visa application lodged ?
Hello and thanks very much for answering.

I understand I need a detailed submission and supporting evidence. But what would that be? Do I need to write a long statement about my history with my child? Apart from the birth certificate of my child I do not know what else I can give to support it, what else would they need?

My first application was lodged in June 2015 and approved in February 2016
 

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Hello and thanks very much for answering.

I understand I need a detailed submission and supporting evidence. But what would that be? Do I need to write a long statement about my history with my child? Apart from the birth certificate of my child I do not know what else I can give to support it, what else would they need?

My first application was lodged in June 2015 and approved in February 2016
You'd have to convince the Department that the sponsor would be adversely affected unless the sponsorship limitation was waived.

I can't tell you what to write. Waivers are considered on a case by case basis.
 

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Discussion Starter · #5 ·
You'd have to convince the Department that Australian citizens/permanent residents would be adversely affected unless the sponsorship limitation was waived.

I can't tell you what to write. Waivers are considered on a case by case basis.
Thanks for your answer. Then it would be probably useful if I include proofs of my fiance bonding with my child? I have pictures of them together and drawings my child did for her, even an invitation to her birthday party she did. Could that convince them that refusing her to live here would affect my child?
 

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Thanks for your answer. Then it would be probably useful if I include proofs of my fiance bonding with my child? I have pictures of them together and drawings my child did for her, even an invitation to her birthday party she did. Could that convince them that refusing her to live here would affect my child?
I can't advise you on your particular situation here other than quoting some general guidelines:

Compelling circumstances affecting the interests of the sponsor include instances where:

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

Some general aspects that may be particularly 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.
If you are not sure how to write a waiver request, I advise you seek professional assistance.
 

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I would really get a RMA such as CCMS.

IMMI in their Procedures Advice Manual state that long periods of separation is NOT grounds for compassion in Partner Visa applications. But if children are involved it CAN be (this is taken as biological children of both partners - in our application).

You need someone that has access to PAM3 and all other data from IMMI to supply all relevant info to your case.
 
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