Partner visa: effect of removal of AoS requirement on sponsor's obligations - Page 2

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Partner visa: effect of removal of AoS requirement on sponsor's obligations - Page 2


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  #11 (permalink)  
Old 01-16-2012, 02:02 PM
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Quote:
Originally Posted by Adventuress View Post
Hi superman89,

Actually nobody knows how the elimination of the AoS will affect applications, as the policy only became active two weeks ago. I understand you currently have a job? If I were applying with what you already have I wouldn't be worried at all - assuming you're the one sponsoring, that is.
Hey Adventuresss,

Thanks for your reply,

The problem is that im the one being sponsered and my partner does not have a job she as full time student, im working on a part time basis in Australia. As per Bank statements we have about 5000 dollars savings to show that we can cover our expenditures.
Do you think this would create any complications in the sponsorship?


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Old 08-04-2012, 09:07 AM
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Did anyone find concrete information on this new AoS problem?


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Old 03-15-2013, 06:54 AM
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Since I first posted this question, more than a year has passed.

I am now wondering, just out of curiosity, whether anybody has heard of an AoS still being asked for a partner visa, after the requirement was removed on 1st January 2012.

In my understanding the discretionary AoS was completely removed from partner visas and as a result should be a non-issue, but I wonder if any case officers that you know of have ignored the new policy.


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Old 03-15-2013, 01:04 PM
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Hi Adventuress, I haven't had any contact with a case officer yet, but I can tell you that prior to Nov. 2012 the sponsor's form 40SP contained a section asking for employment information. After November the forms were updated and there is no longer any mention of employment info on the 40SP. However, the "decision-ready checklist" still lists "evidence of sponsor's employment". I asked a case officer informally through his blog whether I still needed to include employment information (such as a letter from an employer) and he said yes. So, I tacked on my partner's employer letter just to be safe, even though there seems to be no official requirement for it.

That doesn't answer your question but it's all I know! I sure hope nobody's experienced a case officer who expected any kind of AoS recently.

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Old 03-15-2013, 01:30 PM
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Thanks a lot for your input, Kantata.

Yes, we lodged in June so I did have to fill out employer's details and all that. Very interesting to know that the question has now been removed from the form.

The way I understand it, there is no need for the AoS anymore because the law has been changed to allow temporary residents on a waiting period to access government benefits if they need to, so as a consequence no case officer should ask for an AoS. The Department is a bit wishy washy on more than one aspect though, and I have a very vague memory of somebody testifying to the contrary about the AoS here. I simply hope I was mistaken!


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Old 03-17-2013, 06:06 AM
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I got my temp residency 1 year ago and they never asked for anything income-wise

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Old 04-14-2013, 08:59 PM
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Hi,

Im really confused.... My partner and i are both young and i am still studying and therefore dont earn big bucks. Will i be judged on that? I also noticed the "check list" says we should include a statement with my last two years earnings....is that now the case? Do i need to show savings, my income or job prospects since the new law has come in place?

Would appreciate any help you can offer!
Thanks!


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Old 04-14-2013, 09:09 PM
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Hi there, I know the proof of earnings or income is very worrying. I was in that situation too! My partner (sponsor) never held a proper job and he has zilch savings lol. But what I learnt from this forum and preparing my application is DIAC does not look at how rich you are. They just want to make sure you're not at risk of living off the government (on the dole), and have enough to support a relationship.

Show everything you can. Savings, income, paper qualifications...
When I lodged, I showed my bank statements, income tax documents, ALL my employment contracts showing where and what I was employed as, and how much I was earning.

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Old 04-15-2013, 01:24 AM
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Quote:
Originally Posted by Miss Swan
Hi there, I know the proof of earnings or income is very worrying. I was in that situation too! My partner (sponsor) never held a proper job and he has zilch savings lol. But what I learnt from this forum and preparing my application is DIAC does not look at how rich you are. They just want to make sure you're not at risk of living off the government (on the dole), and have enough to support a relationship.

Show everything you can. Savings, income, paper qualifications...
When I lodged, I showed my bank statements, income tax documents, ALL my employment contracts showing where and what I was employed as, and how much I was earning.
Unfortunately for me when I applied I responded I'm on the dole as I have been travelling for the two years which is the period of which I need evidence of my income. Obviously I don't have any because I'm spending it overseas. I have been off the government since the end of 2012 and have earned good money but obviously not enough as I recently have returned overseas because its too hard for us to be separate. So I return to Australia and earn enough to come back. I have done this for two whole years.

I have also heard that if the sponsor doesn't have sufficient funds that a sponsor can be sponsored. I'm 22 now which is why it's difficult for money but easy to travel. I have someone who can sponsor me if needed. But I don't know if this is true or if you need to advise your case officer that you can have someone else sponsor your sponsor so that financials won't be the issue.

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Old 04-15-2013, 07:08 AM
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Time to update my thread and answer my own question!

My husband was recently granted his partner visa, straight to permanent subclass 100. I as sponsor was far from being in a perfect financial position when we applied and during the processing of our application.

Like many others most of the money I had available was spent on plane tickets to see my husband, and I did trips back and forth for five years which ate up a LOT of the money I earned. Since he was from a high risk country and we didn't have much money, he couldn't come to Australia for any length of time so the onus of travel was on me. As I spent so much time going back and forth there was no way I could hold down a stable, regular full0time job. We spent a cumulative total of three years together in his country, and while there we were always living off my savings, as the unemployment rate there is over 30%, and where people can get jobs, they are paid a pittance.

All this, and the fact that the visa application itself cost $2000, meant that we had very little in the bank when we applied - and what there was had to be used on living expenses for the rest of the year. Since it wouldn't have amounted to anything anyway, I did not include our most recent bank statements, but I addressed my financial position in my sponsor's undertaking, which was an additional signed letter that was attached to the sponsor's form 40SP.

I said that:

1) I did have a casual job based in Australia which I was able to do by correspondence. Although the income from this was not much in Australian terms (i.e. working one day a week) it was enough for life in his country and would also be a start when we first arrived in Australia
(my employer also wrote a letter confirming my status and income)

2) I had never received any Centrelink benefits

3) I was completing a higher degree which I expected to finish by the end of the year, and which would make me more employable and possibly raise my salary
(I attached a confirmation of enrolment which showed expected date of completion)

4) I had a track record for finding jobs quickly and easily, and had already worked in a full-time capacity previously, which meant I wasn't new to the workforce
(as shown by payslips from previous years, etc. that I attached)

5) My parents would be willing to offer us accommodation and financial and other support when we first arrived
(an extra statutory declaration from them was included addressing this specifically)

Even under these fairly dire circumstances, no Assurance of Support was requested, or in fact any other additional evidence whatsoever regarding finances.

As has been said in this thread and as I've said in other threads, now that the AoS is a thing of the past they only want to know that as sponsor you have real potential for supporting your partner in whatever way possible, and that you have thought about this and take your sponsorship undertaking seriously. You don't have to be already wealthy.


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