457 to Partner Visa and a child that isn't my own

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457 to Partner Visa and a child that isn't my own


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Old 03-03-2015, 12:12 PM
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457 to Partner Visa and a child that isn't my own

Hi there,
I am an Australian male that has been in a relationship with my female Irish partner for over a year now.
I am about to write up my statement and have as much proof of our relationship as I could possibly print out. We have lived together off and on over the last twelve months and initially we were living together maybe five days out of a week as her son was needing extra attention when he was 14 so I would give him some space. In December she had to move to Sydney to stay sponsored and lived with my sister until she moved to stay with a friend of my sister. Her son chose to stay up here in Brisbane with me but I am not a legal guardian. My Partner comes back up every few weeks but her son refuses to go down. I am a bit curious if there are any legal ramifications with me looking after the now 15 year old whilst my partner works in Sydney or will this circumstance qualify for special circumstance consideration?. Has anyone any advice or knowledge to help our situation?
Thanks,


Last edited by beatsta; 03-03-2015 at 12:58 PM.

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Old 03-03-2015, 12:36 PM
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I also have a minor concern over my AFP report. I am 38 and eight years ago I was charged with production of a class A drug and two counts of supply. There was no conviction. I grew some cannabis and got caught. I believe this shouldn't have an impact on my sponsoring my partner and her son but also think I should explain in my statement to immigration what the charges were for? Is this a good idea or is this beyond advice from this forum?.
Thanks.


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Old 03-03-2015, 08:31 PM
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Hi Beatsta, your situation is quite complicated. I think it may work if you marry her (even it s only for visa purpose) as you need to prove that you both live under the same roof for at least 12months or get the relationshop registered (this however still required you both to live with the same address to prove) with defacto relationship. I would suggest you to consult with a registered and experienced MARA.


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Old 03-03-2015, 09:52 PM
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If she applies for a partner visa, she needs to provide evidence that you've lived together in a de facto relationship for at least 12 months prior to the application, and that any periods of separation since you began living together were temporary (and evidence of how you maintained your relationship during separation). As long as you can do that, you shouldn't have too much issue but registering your relationship would also be helpful.

Since she has a minor son, you would need to have a police check, and yes it would be good to explain about your criminal record, how you've learned your lesson, how this will not impact your ability to sponsor the child, etc. It may be a good idea to speak with a migration agent for assistance in this area.

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Old 03-03-2015, 10:43 PM
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Quote:
I also have a minor concern over my AFP report.
Under the new Ministerial Directions, drug related matters are not considered minor.

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Old 03-04-2015, 12:41 AM
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Quote:
Originally Posted by wrussell View Post
Under the new Ministerial Directions, drug related matters are not considered minor.
Hi,
I just had a look at the new Ministerial Direction 65 and this relates to Visa Refusal and cancellation. I am the Australian sponsor for the applicants. I was charged with no conviction recorded and in another two years the charges will be no longer appear on my AFP report. After researching the purpose of the AFP report for a sponsor there was no mention of drugs unless charged in relation to a minor. Unfortunately I am not sure what the purpose of your comment is? It has only directed me to go and read the new ministerial directions which are there to protect Australian citizens.


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Old 03-04-2015, 12:46 AM
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Quote:
Originally Posted by Maggie-May24 View Post
If she applies for a partner visa, she needs to provide evidence that you've lived together in a de facto relationship for at least 12 months prior to the application, and that any periods of separation since you began living together were temporary (and evidence of how you maintained your relationship during separation). As long as you can do that, you shouldn't have too much issue but registering your relationship would also be helpful.

Since she has a minor son, you would need to have a police check, and yes it would be good to explain about your criminal record, how you've learned your lesson, how this will not impact your ability to sponsor the child, etc. It may be a good idea to speak with a migration agent for assistance in this area.
Thanks,

But we don't seem to need provide proof of living together for 12 months but proof of a de facto relationship

This is the information from fact sheet 35:

Living together

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.


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Old 03-04-2015, 01:51 AM
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I didn't say you had to live together the whole 12 months. However a recent court decision made the living together requirement very clear - DIBP will not consider you in a de facto relationship until you start living together. So you needed to be living together at the start of the de facto relationship, and any times apart should be temporary and unavoidable - her work transfer to Sydney is unavoidable and (hopefully) not a permanent situation. You need to prove you've maintained a de facto level relationship (financial support, maintained regular contact, continued a genuine/ongoing relationship, etc.).

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Old 03-04-2015, 02:14 AM
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Quote:
in another two years the charges will be no longer appear on my AFP report
Under full disclosure spent matters will appear.

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