Partner Visa Query

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Partner Visa Query


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  #1 (permalink)  
Old 09-26-2011, 07:10 AM
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Question Partner Visa Query

Hi Guys,
I really find this website very useful, and with positive hope I am posting my query that I will definitely find some good answers to my problem.

I was married to Australian Citizen girl in Nov.2009 and in July 2011 we both got legally separated because of incompatablity issues. Now there is a intervention for 1 year which will end in july 2012 which means we are leaglly separated.

In this timeframe I have found a girl who is really committed to me and want to marry me. She is Australian citizen. Although I haven't got divorced yet, can I still lodge a Marriage Prospective visa with her?

My former spouse visa is going to expire in next 21 days. Is it possible for me to lodge this prospective visa before my visa get expired , and can I also get bridging visa during the processing of my prospective visa?

Please reply as soon as possible because this is really very urgent for me as I don't have much time left to lodge another application.


  #2 (permalink)  
Old 09-26-2011, 07:29 AM
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Hi manal.trip,

There is 5 years sponsorship limitation, basically, you can't apply partner visa (PMV/ spouse/ de facto) because you were sponsored in the past 5 years. You have to wait 5 years later count from the date your 1st partner visa was lodged, in order to apply another one. But if you can prove compelling circumstances, then you can apply.
Australian Immigration Fact Sheet 30. Family Stream Migration - Partners

Cheers


  #3 (permalink)  
Old 09-26-2011, 08:08 AM
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Quote:
Originally Posted by dusty_springfield View Post
Hi manal.trip,

There is 5 years sponsorship limitation, basically, you can't apply partner visa (PMV/ spouse/ de facto) because you were sponsored in the past 5 years. You have to wait 5 years later count from the date your 1st partner visa was lodged, in order to apply another one. But if you can prove compelling circumstances, then you can apply.

Cheers




Hi Dusty Springfield,

Thanks a lot for your feedaback. I have read the link you have mentioned but I am not able to find a clear indication stating about a applicant inablity to lodge a prospective visa. Although it is very clear for the sponsor that he/she cannot sponsor before 5 years of time if they have sponsored someone earlier.

And if still you there are chances of me lodging a prospective visa despite this clause, what you think could be the compelling circumstances. which I can state in my application.

Thanks & Regards
Manish


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  #4 (permalink)  
Old 09-26-2011, 08:24 AM
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Quote:
Originally Posted by manal.trip View Post
Hi Dusty Springfield,

Thanks a lot for your feedaback. I have read the link you have mentioned but I am not able to find a clear indication stating about a applicant inablity to lodge a prospective visa. Although it is very clear for the sponsor that he/she cannot sponsor before 5 years of time if they have sponsored someone earlier.

And if still you there are chances of me lodging a prospective visa despite this clause, what you think could be the compelling circumstances. which I can state in my application.

Thanks & Regards
Manish
Hi Manish,

Dusty is correct, just to make it clearer, here's what it says on the partner visa page, note I've put in bold the relevant parts:

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

- you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)
- you have sponsored another partner within the last five years
- you were sponsored for a partner visa as a partner yourself within the last five years
- you are the holder of a Woman at Risk visa (Subclass 204)
- you have a conviction or an outstanding charge for an offence against a child.


Then is goes on to explain under what circumstances you can still apply without waiting 5 years:
If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:
- if your previous partner has died or abandoned the relationship leaving young children
- if your relationship with your current partner is long standing (that is, two years or more)
- if you and your current partner have dependent children of your relationship.

Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

Why do you say "My former spouse visa is going to expire in next 21 days"?
If you have permanent residency then it does not expire, you are a permanent resident even if you break up with your partner. If you only have temporary residence, and had not yet been given permanent residence, the relationship break down will mean that you are no longer eligible for permanent residence (except under extremem circumstances such as you have a child with your partner).


Last edited by SarahM; 09-26-2011 at 08:27 AM.

  #5 (permalink)  
Old 09-26-2011, 08:40 AM
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Quote:
Originally Posted by SarahM View Post
Hi Manish,

Dusty is correct, just to make it clearer, here's what it says on the partner visa page, note I've put in bold the relevant parts:

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

- you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds)
- you have sponsored another partner within the last five years
- you were sponsored for a partner visa as a partner yourself within the last five years
- you are the holder of a Woman at Risk visa (Subclass 204)
- you have a conviction or an outstanding charge for an offence against a child.


Then is goes on to explain under what circumstances you can still apply without waiting 5 years:
If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:
- if your previous partner has died or abandoned the relationship leaving young children
- if your relationship with your current partner is long standing (that is, two years or more)
- if you and your current partner have dependent children of your relationship.

Offshore Temporary and Permanent (Subclasses 309 and 100)[/url]

Why do you say "My former spouse visa is going to expire in next 21 days"?
If you have permanent residency then it does not expire, you are a permanent resident even if you break up with your partner. If you only have temporary residence, and had not yet been given permanent residence, the relationship break down will mean that you are no longer eligible for permanent residence (except under extremem circumstances such as you have a child with your partner).


Hi Sarah,

Thanks a lot for replying and showing your interest , however I still have a doubt. There is no where mention about applicant inablity to lodge a prospective visa. The details which you have provided no where states that applicant cannot get sponsored by Australian citizen. It only states that if someone is previously sponsored by Australian citizen cannot sponsor other partner until next 5 years.

In my case I don't hold a PR at the moment and I am legally separated. My future partner want to sponsor me on a Marriage Prospective Visa.
Could you please give your valuable feedback.

Thanks & Regards
Manish


  #6 (permalink)  
Old 09-26-2011, 09:26 AM
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Quote:
Originally Posted by manal.trip View Post
Thanks a lot for replying and showing your interest , however I still have a doubt. There is no where mention about applicant inablity to lodge a prospective visa. The details which you have provided no where states that applicant cannot get sponsored by Australian citizen. It only states that if someone is previously sponsored by Australian citizen cannot sponsor other partner until next 5 years.

In my case I don't hold a PR at the moment and I am legally separated. My future partner want to sponsor me on a Marriage Prospective Visa.
Could you please give your valuable feedback.
I think the wording of your initial post got me all confused. I thought you would be the sponsor and not the applicant, now I understand.

Ok, so you want to be sponsored by your new partner. Firstly, a prospective marriage visa can only be applied for offshore, outside of Australia. If you leave Australia and apply offshore you are able to go ahead with this prospective marriage visa.

Also, remember that you have to tell immigration about your divorce because you are no longer eligible for permanent residency.


Last edited by SarahM; 09-26-2011 at 09:31 AM.

  #7 (permalink)  
Old 09-26-2011, 10:14 AM
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Hi manal.trip,

Sarah did provide valuable feedback regarding to partner visa sponsorship. General term for pmv/ spouse/ de facto visa is partner visa. And there is something need to clarify so that we can give you more exact info, you said your 'spouse visa' is expired next 21 days, what visa are you under currently? If your visa is other types than partner visa then if you wanna apply PMV, you have to depart Au to apply, bcoz this visa just only granted offshore. And divorce cert. need to be attached, you still can apply with legal separated documents but only when your divorce application is lodged and waiting for being finalized.

But if your current visa is temporary spouse visa, even though there was sponsorship withdrawal, you PR isn't granted but DIAC still count it as your 1st time was sponsored, then 5 years sponsorship limitation is taken into account.

In case you're still not clear about those, you better call DIAC and talk about your situation.

Cheers


  #8 (permalink)  
Old 09-26-2011, 01:58 PM
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Quote:
Originally Posted by dusty_springfield View Post
Hi manal.trip,

Sarah did provide valuable feedback regarding to partner visa sponsorship. General term for pmv/ spouse/ de facto visa is partner visa. And there is something need to clarify so that we can give you more exact info, you said your 'spouse visa' is expired next 21 days, what visa are you under currently? If your visa is other types than partner visa then if you wanna apply PMV, you have to depart Au to apply, bcoz this visa just only granted offshore. And divorce cert. need to be attached, you still can apply with legal separated documents but only when your divorce application is lodged and waiting for being finalized.

But if your current visa is temporary spouse visa, even though there was sponsorship withdrawal, you PR isn't granted but DIAC still count it as your 1st time was sponsored, then 5 years sponsorship limitation is taken into account.

In case you're still not clear about those, you better call DIAC and talk about your situation.

Cheers


Thanks Dusty Springfield for your valuable feedback. So that means that I cannot lodge a prospective visa as I was sponsored earlier on Spouse visa.

I just wanted to confirm with you , are you really sure about this matter that I have to wait for 5 years to get responsored again?

Is there no way out for this issue.

Thanks & Regards
Manish


  #9 (permalink)  
Old 09-26-2011, 02:08 PM
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Quote:
Originally Posted by SarahM View Post
I think the wording of your initial post got me all confused. I thought you would be the sponsor and not the applicant, now I understand.

Ok, so you want to be sponsored by your new partner. Firstly, a prospective marriage visa can only be applied for offshore, outside of Australia. If you leave Australia and apply offshore you are able to go ahead with this prospective marriage visa.

Also, remember that you have to tell immigration about your divorce because you are no longer eligible for permanent residency.
Thanks a lot Sarah for your Advice.

Regards
Manish


  #10 (permalink)  
Old 09-26-2011, 10:44 PM
mdalv
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Please update your flag here .

Hi Manish! I think you're only looking for reassurance and not facing the facts! Just call Immigration for your peace of mind!

k33na likes this.


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