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

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


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Old 01-13-2012, 11:51 AM
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Question Partner visa: effect of removal of AoS requirement on sponsor's obligations

Hello everyone, this is my first post but I hope to make many more.

On the 1st of January of this year (2012) the requirement for a discretionary Assurance of Support was removed from the partner visa category. Since this has been in force for only about two weeks at the time I am writing this, it is extremely difficult to predict what kind of effect it will have on other aspects of the application process.

As such, I am wondering how it might affect sponsors who would have trouble meeting the financial obligations, and who now no longer have the recourse to asking someone else to be a financial assurer.

I myself have been a full-time student for the duration of the four year relationship between me and my husband (always at Australian universities and now a graduate student) and have been continuously going back and forth between Australia and my husband's country. Yes, I have been able to find temporary work during my Australian stints to finance this sort of lifestyle, but right now I don't have any job and am living long-term in my husband's country to work on research for my degree (paid by my savings and a scholarship).

I am not too worried about my obligations to provide accommodation, as when in Australia I live at my parents' home and they have expressed no qualms about having us both, and to write a stat dec towards this point.

But on the financial side...
I am lost.

Any thoughts at all would be greatly appreciated, thank you


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Old 01-13-2012, 12:35 PM
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Im also worried Adventuress. Applied back in October but that doesn't matter with the AoS thing. Heading back to uni for postgraduate studies after 15 months in Germany on a visa that didn't allow me to work just so we were eligible. Thought I'd reply to bump it up. Hope someone has some ideas


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Old 01-13-2012, 01:01 PM
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Thanks for your reply, Miniature Moose.

I have found very little information around addressing this issue in the first place, even without the recent disappearance of the AoS coming into play.

I found a sponsor's checklist on the website of the Australian Embassy in Germany (at the moment I'm too new to be allowed to post links but will update when I can). I'm sure that being in Germany you have already seen this, but I'll paste it for others' information.

Quote:
Evidence to substantiate the sponsorship obligation statement may
include copies of: bank statements, investment portfolios, property
deeds, work contracts,evidence of professional qualifications, support
from family with appropriate evidence

Note: If your sponsor currently lives with you outside of Australia, he/she
should provide evidence of his/her current employment and information
on future employment in Australia (e. g. evidence of signed work contract
in Australia, contacts/arrangements made with future employers,
arrangements for initial accommodation). If the applicant has
arranged employment already, this information should also be included.
I am wondering in our case, being 'highly educated' if you want to call it that, if the potential to find employment would count for anything.

In my own case I am planning to contact a previous employer who had indicated when I left that there was always a space for me in his company. Even so, I don't know that he would be able to make a commitment 10 or more months in advance (we're applying from a High Risk country), especially in the current economic climate.

Are you planning to find work immediately when you arrive? I have considered this option, even going back to find work before we make the application, but remember reading something about DIAC wanting to see evidence of a job for the past two years.


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Old 01-13-2012, 10:08 PM
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I am back and haven't found any work yet. I'm only looking for something casual or temporary because I start my clinical psychology masters course in February. I'm worried because it's a very competitive course to get into and I am not able to defer the offer. I'm already enrolled and can't pull out after a certain date (march I think)...so don't know what to do. I can't believe they just got rid of the AoS. I would have come back and looked for work rather than going back to uni immediately if I had known that was the case.


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Old 01-13-2012, 10:29 PM
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Hi adventuress,
I think I understand why discretionary AoS has been removed for applications. Previously it was needed for the first two years while the partner held only a temporary visa and was not eligible for any social security payments. Apparently now they have changed it, making social security available for partners who only posess a temporary visa- making the need for an AoS redundant. Not sure if that means they will be stricter with applications in the first place or not but it's good that in special circumstances, partners on the temp stage will be eligible for certain social security benefits. Check out http://www.immi.gov.au/legislation/a...1012012-01.htm


Last edited by miniature.moose; 01-13-2012 at 10:32 PM.

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Old 01-13-2012, 11:15 PM
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Thanks for that, miniature moose

Maybe it would be enlightening to see if any changes were made to the sponsor form that you submitted in October and the one they have available to download now. I had a look through the new one and I couldn't find anything that didn't ring a bell, though the last time I looked at an older version was a few months ago.

There's an information section in the preamble to the form that specifically details what a sponsor's obligations are. Maybe if we found a specific change there we might be able to understand more. If, on the other hand, there are no changes at all, then perhaps we could assume that there'll be no real change in how applications are handled.

About your uni - have you checked whether you would have the option to request a suspension of your candidature? I think all postgrad degrees have this option, for example if the student gets sick or someone in the family gets sick, etc. You would have to apply from the student administration itself, but you may have a compelling case if you made a claim that you couldn't do your work to the best of your ability due to being apart from your partner - in the worst case scenario. It would mean starting and maintaining good progress for the first semester, but if it were approved they would keep your place for at least another semester, perhaps more. Which uni are you going to? I'm at Sydney.

Best wishes for finding work quickly I know exactly what it's like. When I would go back to Australia and away from my husband, I'd give us an indication of how long I'd be away (e.g. six months) and then get cracking to find a few jobs as quickly as I could and earn as much as I could within that period. I hope it works out for you


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Old 01-15-2012, 12:23 PM
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hey,
me and my partner are going to be applying for the visa in a few months,
as we both know that the AOS has been eliminated. we were wondering what other sort of paper work would we need to show.?
my partner is not working as she is a full time student and i have been working with a company for the past 3 yrs, we have a house in my name and bank statements in both of our names and bills in her name with the same address, but what other things do we need to show in place of the AOS?


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Old 01-15-2012, 12:23 PM
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hey,
me and my partner are going to be applying for the visa in a few months,
as we both know that the AOS has been eliminated. we were wondering what other sort of paper work would we need to show.?
my partner is not working as she is a full time student and i have been working with a company for the past 3 yrs, we have a house in my name and bank statements in both of our names and bills in her name with the same address, but what other things do we need to show in place of the AOS?

waiting for your reply


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Old 01-15-2012, 01:24 PM
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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.


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Old 01-16-2012, 03:17 AM
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I wonder how the change will apply to applications submitted late last year? I sent mine on Dec. 15 to Washington, they didn't charge my credit card till Jan 2012, but the case number still has a "2011" on it.

Confused!

My Australian wife has a part-time job (and has received Centrelink payments in the last 2 years).

I have been employed in USA for many years, have a bachelor's degree, and believe I would be employable in Aus. We have about $10,000 in savings in an Australian bank as well. I wonder how/if this change will affect us?


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