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Discussion Starter · #1 ·
Hi everyone.

This is my first post but I've had a good look around to make sure my questions haven't been answered previously.

Some background to start with. I moved to Australia as a spouse on a 457 back in July 04. In Dec 07 I got the 856 permanent residency. In May 09 I got divorced and in September 09 I was accepted for citizenship but have yet to attend a ceremony for finalisation.

In May 09 I met my partner who was on a tourist visa and after just a couple of weeks we were living together and have been since. Because of the 12 month requirement which I knew about for defacto partners we decided to return to Europe, as my partner is 35 and couldn't get a WHV. Our intention was to wait until we have the 12 months and then apply offshore.

Now I've just found out that I can't sponsor someone for a period of 5 years after I received my visa and am looking for advice on what to do. On the website it says that...

When you may not be eligible

You may not be able to sponsor your partner if any one of the following applies:

* you were sponsored for a partner visa as a partner yourself within the last five (5) years
and on the form...

Limitations on sponsorship
You should note that certain sponsorship limitations apply.
These are:
if you were originally sponsored or nominated to Australia
as a spouse, fiancé(e), interdependent partner or de facto
partner you cannot sponsor a new spouse, fiancé(e) or
de facto partner for a period of 5 years from when you were
sponsored.
So the website says an application may be affected, but the form says the limitations apply. I guess the form is correct but the website is then misleading. Is there any flexibility?

If there isn't any flexibility I need more options. I've had a look at skilled migration but I don't think my partner can achieve more than 105 points, mainly because of age, 35 and language. She speaks very good English but reading would likely be a problem on the test. She does get 60 points from the SOL for being a pastry chef though.

A business visa is an option as a stop gap until a time when I can sponsor her myself, but I don't really want to have golden handcuffs restricting us.

Any thoughts or suggestion on the best way to tackle this problem? Marriage and children are options as we do intend to start a family within the next couple of years. ;)

Thanks in advance.

Matt
 

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Hi everyone.

This is my first post but I've had a good look around to make sure my questions haven't been answered previously.

Some background to start with. I moved to Australia as a spouse on a 457 back in July 04. In Dec 07 I got the 856 permanent residency. In May 09 I got divorced and in September 09 I was accepted for citizenship but have yet to attend a ceremony for finalisation.

In May 09 I met my partner who was on a tourist visa and after just a couple of weeks we were living together and have been since. Because of the 12 month requirement which I knew about for defacto partners we decided to return to Europe, as my partner is 35 and couldn't get a WHV. Our intention was to wait until we have the 12 months and then apply offshore.

Now I've just found out that I can't sponsor someone for a period of 5 years after I received my visa and am looking for advice on what to do. On the website it says that...

and on the form...

So the website says an application may be affected, but the form says the limitations apply. I guess the form is correct but the website is then misleading. Is there any flexibility?

If there isn't any flexibility I need more options. I've had a look at skilled migration but I don't think my partner can achieve more than 105 points, mainly because of age, 35 and language. She speaks very good English but reading would likely be a problem on the test. She does get 60 points from the SOL for being a pastry chef though.

A business visa is an option as a stop gap until a time when I can sponsor her myself, but I don't really want to have golden handcuffs restricting us.

Any thoughts or suggestion on the best way to tackle this problem? Marriage and children are options as we do intend to start a family within the next couple of years. ;)

Thanks in advance.

Matt
Hi Matt and it seems you've had a good read about the regs already and though wording can be different, the meaning re the effect of having been sponsored yourself is much the same, ie. the limitations are stated in the eligibility section.

It could be btw that your five years restriction may be up for if your original sponsorship visa date is counted as July 04 and that is something you could clarify with Immi.

But for sure, there's no magic wands and it's going to be a case of seeing what the regulations mean you'll need to do and two things for sure I'd do:
1. Get that citizenship
2. Skilled Visa routes are getting more testing and perhaps if you get back here a bit you might be able to find a employer sponsor for your partner.
 

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Hi everyone.

This is my first post but I've had a good look around to make sure my questions haven't been answered previously.

Some background to start with. I moved to Australia as a spouse on a 457 back in July 04. In Dec 07 I got the 856 permanent residency. In May 09 I got divorced and in September 09 I was accepted for citizenship but have yet to attend a ceremony for finalisation.

In May 09 I met my partner who was on a tourist visa and after just a couple of weeks we were living together and have been since. Because of the 12 month requirement which I knew about for defacto partners we decided to return to Europe, as my partner is 35 and couldn't get a WHV. Our intention was to wait until we have the 12 months and then apply offshore.

Now I've just found out that I can't sponsor someone for a period of 5 years after I received my visa and am looking for advice on what to do. On the website it says that...

and on the form...

So the website says an application may be affected, but the form says the limitations apply. I guess the form is correct but the website is then misleading. Is there any flexibility?

If there isn't any flexibility I need more options. I've had a look at skilled migration but I don't think my partner can achieve more than 105 points, mainly because of age, 35 and language. She speaks very good English but reading would likely be a problem on the test. She does get 60 points from the SOL for being a pastry chef though.

A business visa is an option as a stop gap until a time when I can sponsor her myself, but I don't really want to have golden handcuffs restricting us.

Any thoughts or suggestion on the best way to tackle this problem? Marriage and children are options as we do intend to start a family within the next couple of years. ;)

Thanks in advance.

Matt
Hi Matt,

It is difficult to comment without knowing the full story, however, I think you will find that you have misinterpreted the information and that the limitation does not apply to your situation.
 

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Discussion Starter · #4 ·
Hi Matt,

It is difficult to comment without knowing the full story, however, I think you will find that you have misinterpreted the information and that the limitation does not apply to your situation.
Hi aba,

Thanks to both you and wanderer for replying to my query. I have spoken to the immigration agent who handled my PR application and she doesn't think that it will apply in this case either.

I am awaiting confirmation on a specific question from her and unfortunately she is on vaction for a week. But basically even though I was a dependent/de facto/spouse on my partner's application, she seems to think that as the overall application was through a sponsoring company and not via my partner, that the 5 year limitation will not apply to me in this case.

Now I just need to wait with crossed fingers for a week until the agent responds. If the information she provides is favourable then I'll post it up here as it may be useful for others as a reference in the future.

*crosses fingers*
 

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Hi aba,

Thanks to both you and wanderer for replying to my query. I have spoken to the immigration agent who handled my PR application and she doesn't think that it will apply in this case either.

I am awaiting confirmation on a specific question from her and unfortunately she is on vaction for a week. But basically even though I was a dependent/de facto/spouse on my partner's application, she seems to think that as the overall application was through a sponsoring company and not via my partner, that the 5 year limitation will not apply to me in this case.

Now I just need to wait with crossed fingers for a week until the agent responds. If the information she provides is favourable then I'll post it up here as it may be useful for others as a reference in the future.

*crosses fingers*
aba and your PR agent may be thinking much the same matt and yes there is a difference between sponsorship and being a secondary applicant on a visa, so if it is considered that way you'll likely not have a problem.
You can make an enquiry yourself to Immi if you wanted to via the contact provisions.
 
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