Enough evidence for proof of genuine marriage?

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Enough evidence for proof of genuine marriage?


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Old 02-11-2015, 09:50 AM
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Enough evidence for proof of genuine marriage?

Hi All, Iīm new here and will post an introduction in the relevant section soon! But while I have time, I just wanted to see if I could get some feedback on my situation, since itīs all I can think (or rather, stress ) about at the moment! Iīm not sure that I have enough evidence to prove a genuine marriage when applying for a Partner Visa, since after reading around these forums Iīve seen that the evidence people have been providing for Partner Visa applications is VAST!

My situation is this; My family and I want to move (back) to Australia. That is, my husband (who is Spanish), myself (Australian by birth), my daughter from a previous marriage (Australian by birth) and my son from my current marriage (Spanish by birth). The timeline for my relationship with my husband is basically this:

I separated from my ex-husband in January 2009 (didnīt apply for divorce until Febuary 2011 though - divorce was granted June 2011).

I met my husband-to-be (at this stage) for the first time in Barcelona in March 2010. We spent 3 weeks together at this time, then I flew back to Australia. (I had to get back, since my daughter was still in Australia, otherwise I would have stayed with my husband-to-be from this point on!!

Next, my husband-to-be came to Australia for about 3 months to stay with me from Sept. 2010 - Nov. 2010.

Then I flew to Spain again and spent 4 weeks with him; January 2011 - Feb. 2011. We became engaged to be married at this time.

Next time we met was in Rome, for 2 weeks during May 2011.

On the 28th of Nov. 2011, my daughter and I flew to Spain to live with my finance (at that time) with the intention to marry soon after.

I fell pregnant within the first month of arriving in Spain, we married in June 2012 and our son was born 31st of Aug. 2012.

So since Nov. 2011 we have been living together as a family in Spain.

The potential problem could be we donīt have enough documents to prove things like shared financial responsibilities, the nature of our relationship, social aspects etc. What we have so far is this:

1) Receipt of purchase of engagement ring by my husband - dated Dec. 2010.

2) Passport stamps showing trips to Spain and Australia. (To visit each other prior to living together.)

3) Proof of being registered as living in a certain area of Spain, as a family. (Weīre all registered as living at the same address.)

4) Marriage certificate.

5) Birth certificate of our son.

6) Ownership of our car in my name, but car insurance in my husbandīs name.

7) We will get statements from family and friends regarding the genuine nature of our marriage. (Not sure how many we should get though!)

8) Photos of us together as a family.

Thatīs about all we have... my husband and I donīt share bank accounts, neither of us have wills, thereīs no superannuation in Spain, the bills and current rental contract are all solely in my husbandīs name.

Do we have enough evidence?

I would be very grateful for any advice anyone could offer us!!


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Old 02-11-2015, 10:26 AM
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Quote:
Originally Posted by Perthite View Post
Hi All, Iīm new here and will post an introduction in the relevant section soon! But while I have time, I just wanted to see if I could get some feedback on my situation, since itīs all I can think (or rather, stress ) about at the moment! Iīm not sure that I have enough evidence to prove a genuine marriage when applying for a Partner Visa, since after reading around these forums Iīve seen that the evidence people have been providing for Partner Visa applications is VAST!

My situation is this; My family and I want to move (back) to Australia. That is, my husband (who is Spanish), myself (Australian by birth), my daughter from a previous marriage (Australian by birth) and my son from my current marriage (Spanish by birth). The timeline for my relationship with my husband is basically this:

I separated from my ex-husband in January 2009 (didnīt apply for divorce until Febuary 2011 though - divorce was granted June 2011).

I met my husband-to-be (at this stage) for the first time in Barcelona in March 2010. We spent 3 weeks together at this time, then I flew back to Australia. (I had to get back, since my daughter was still in Australia, otherwise I would have stayed with my husband-to-be from this point on!!

Next, my husband-to-be came to Australia for about 3 months to stay with me from Sept. 2010 - Nov. 2010.

Then I flew to Spain again and spent 4 weeks with him; January 2011 - Feb. 2011. We became engaged to be married at this time.

Next time we met was in Rome, for 2 weeks during May 2011.

On the 28th of Nov. 2011, my daughter and I flew to Spain to live with my finance (at that time) with the intention to marry soon after.

I fell pregnant within the first month of arriving in Spain, we married in June 2012 and our son was born 31st of Aug. 2012.

So since Nov. 2011 we have been living together as a family in Spain.

The potential problem could be we donīt have enough documents to prove things like shared financial responsibilities, the nature of our relationship, social aspects etc. What we have so far is this:

1) Receipt of purchase of engagement ring by my husband - dated Dec. 2010.

2) Passport stamps showing trips to Spain and Australia. (To visit each other prior to living together.)

3) Proof of being registered as living in a certain area of Spain, as a family. (Weīre all registered as living at the same address.)

4) Marriage certificate.

5) Birth certificate of our son.

6) Ownership of our car in my name, but car insurance in my husbandīs name.

7) We will get statements from family and friends regarding the genuine nature of our marriage. (Not sure how many we should get though!)

8) Photos of us together as a family.

Thatīs about all we have... my husband and I donīt share bank accounts, neither of us have wills, thereīs no superannuation in Spain, the bills and current rental contract are all solely in my husbandīs name.

Do we have enough evidence?

I would be very grateful for any advice anyone could offer us!!
Hi IMO you would seem to meet the criteria, I would suggest you open a joint bank account to bolster your evidence.
Also apply for Australian Citizen by descent for your son. The fact you have a child together helps with his PR.
Look around these postings and you will see the sort of evidence others have submitted to support their application.
Good luck.

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Old 02-11-2015, 11:03 AM
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Hi Perthite,

Welcome to the forum

You have being married and having a child together as great evidence. But I do think you are lacking in some areas. Where is proof you have joint finances? That's a very important part of the application. So I would look at adding as much as you can here. Do you have a job in Spain? Who pays for groceries? Who pays for items when you go out as a family? You don't have to have a joint account and you may have more financial evidence than you think.

I would have a read of this sticky - it contains links that have examples of evidence.

http://www.australiaforum.com/visas-...resources.html

I think it would be helpful for you to add a few more things along with adding a lot more to your financial evidence.

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Last edited by Engaus; 02-11-2015 at 11:05 AM.

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Old 02-12-2015, 08:04 PM
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Hi Perthite,

I'm not an expert in these matters at all but I have recently been through the same process recently and I can tell you about my experience.

I'm Spanish and I moved to Australia just over a year ago with my Australian wife.

I initially entered the country on a 457 visa sponsored by my employer, but I immediately applied for an spouse visa.

I thought my case was going to be quick and easy since (same as you) I was merrier to an Aussi and we had a son in common (also born in Spain).
However, it still took me about 15 months to get my visa granted.

In regards to financial commitments, we just had couple of joint bank accounts (that we opened for the occasion) and proof of have been living together (certificados de empadronamiento en Espaņa).

As far as I remember, they never questioned our finances. And I do remember that they asked me for additional information throughout the process (but it was about birth certificates and formal documents).

I was also getting anxious as months kept passing and still didn't have my visa so started phoning them up.
They said that my application was following the normal process and that everything was fine. It's just that the Sydney office is flooded with application and their processing times are really long now.

In fact (I don't know where you are planning to lodge your application) I have some friends in Brisbane that did the same and theirs was much quicker.

The other thing I didn't know at the time and it's important to know, is that if your husband's visa expires while waiting for a resolution on his spouse visa application, he will automatically go onto a bridging visa that gives him similar rights to the visa he's applying for.

This was important for me since I was already in the country, my visa was about to expire and I was facing deportation..!
No, it's not like that.
I think that, in your case, it's very unlikely that your husband's visa gets rejected and, if any of your documentation is not sufficient, they will always give you the opportunity to provide additional information to support your application.

I'm not sure if all this was useful at all for you but, in my experience with the Australian immigration department, you need to be patient, follow the process and bear with them.
If your application is genuine you always get there (it's just that it takes time and lot of photocopying documents)

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Old 02-12-2015, 09:55 PM
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Thank you all so much for the responses!

AussieSteve - Yes, weīre definitely planning on getting Australian citizenship for our son after we arrive in Australia. I think opening a joint account might be a must for us too.

Engaus - I have a job in Spain (Iīm an English teacher) but Iīm not sure how this would help our case. (??) I could include my contract of employment in the visa application... not sure if it matters that Iīm only working part-time? And how would we go about proving who pays for things like groceries and holidays? Iīve been supporting us for the last year or so since my husbandīs business has all but gone belly-up. Any ideas or advice would be greatly appreciated!

Since writing my first post, my husband and I have gone rummaging about through our documents and things and weīve managed to come up with an old rental contract (from July 2012) in both our names. It had an "option to buy" on it as well, but we decided not to buy it afterall. Weīve also asked our phone company to send us phone records dating back to 2011, since my mobile phone is in my husbandīs company name and therefore the bills for my mobile are ultimately his responsibility. The only way we can think of to prove that the phone is mine though, (or used by me) is to show the calls Iīve consistently made over the years to my family back in Australia.

Do you think these things will be of much help?

QuiquePerez - Yes, your post is very helpful, thank you!! I hope you donīt mind me bombarding you with questions now though, since your situation bears such a resemblance to my own! Congratulations on having your Partner Visa approved! Must be such a relief for you and your wife.

The first question I have for you is where did you go to have your Spanish documents translated? Just about all the documents we have are in Spanish! I wonder if it would be cheaper to have them translated here in Spain, or in Australia? I imagine it will end up being quite expensive, as weīll surely have at least 40 pages to be translated. Our rental contract alone is 6 pages long. Do we have to have things like birth certificates and certificados de empadronamiento translated too?

Next question :P ... I thought that Iīd be able to prove flying to Spain before my husband and I were living together in Spain by way of passport stamps, however, going through my passport now, I realise that wonīt be possible, since some of the time they donīt even bother stamping your passport these days (I donīt have any stamps from exiting Australia, nor for my trip to Rome for example), and the only stamps that I do have are from entering the first EU country on my way to Spain (I had stop-overs in Amsterdam before catching connecting flights to either Madrid or Barcelona). Add to that, my husband lost his passport a year or so ago, so thereīs no record of his trip to stay with my in Australia in 2010. We thought for this though, we may be able to ask for records from the Australian Immigration Department. What do you think, did you have any issues with this sort of thing? Is it even necessary to provide evidence of meeting with each other prior to my daughter and myself moving to Spain to live with my husband?

I think Iīll have more questions for you too, Quique (sorry to be a pain!!) but I canīt think of them right now!


One thing I should add after all this; for want of keeping my first post as brief as possible I didnīt mention that I have a son from my first marriage too who lives in Australia with my ex-husband. Itīs been devastating for myself and his sister to be away from him these past years, and in my heart I know that heīs the main motivating factor for me to so desperately want to move back to Australia. Do you think the Immigration Department will take my son living in Australia into account? Obviously itīs in his best interests too, to have his mother, sister and new brother back. The last time my elder son was in Spain visiting us (only a month ago) it was heartbreaking for all of us when he had to leave. I canīt bear it anymore. My younger son still walks around the house calling out his brotherīs name expecting to find him, not being able to understand at the age of 2 that heīs gone away.


Last edited by Perthite; 02-12-2015 at 10:05 PM.

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Old 02-12-2015, 10:21 PM
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I asked if you had a job because it would mean you would have an income and be contributing financially

How do you pay for groceries at the moment? How do you pay for holidays? If you pay through a bank account you will have proof this way - so supplying all your bank statements and highlighting your joint purchases is good evidence.

You would also explain in your joint finance statement that you are the bread winner and so all your expenses come out of your account (if that is what is done). It's up to you to paint a good overall picture of your relationship with your husband. And writing a detailed financial statement is a good way of doing that and filling in any gaps.

Yes rental agreements are good, as are phone records.

But have a read of the link I provided. It will explain in more detail, and give examples of financial evidence you can supply. Everyone's circumstances are different so the best way to know what you can supply is to search the forum - this was the biggest help to me - I just kept a running list of things I saw that people had included in their application e.g people mentioned have joint fly buys accounts. I would have never thought of that until I started reading the evidence posts (obviously you can't get fly buys cards but it's an example)

Re your flights. Do you have old boarding passes? Or confirmations via email? IMMI will not give you records of your past travel.

Having your son from your first marriage will not speed up the visa process unfortunately. But do you plan on lodging your application onshore? That would significantly reduce the time you need to spend away. E.g you and your partner could visit Australia and if you would like to stay, lodge a partner visa whilst you are there.

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  #7 (permalink)  
Old 02-12-2015, 10:43 PM
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Thanks again, Engaus.

Would proof that the bills (electricity, gas) for the house we all live in are in my husbandīs name be good evidence to show that he has a financial responsibility for our family? Would it be helpful? Or is it a bit over-the-top to be attaching this sort of thing?

Regarding past travel to visit each other... I donīt have any of those things. Up until about two years ago I would have still had the email confirmations of some of my etickets, but I never thought that I would need them, so I got rid of them, along with other outdated emails, long ago. So on this matter, Iīm basically screwed.

Yes, weīll be applying onshore, so I know I will be seeing my son soon!!! YAY!!! My only fear is that my husbandīs Partner Visa will be rejected and weīll all have to go back to Spain....


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Old 02-13-2015, 01:48 AM
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Edit: Nevermind. I misinterpreted Quique's post at first glance.

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Visa #2: Subclass 820 (From PMV).
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Last edited by CollegeGirl; 02-13-2015 at 01:53 AM.

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