affected by sponsorship limitations

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affected by sponsorship limitations

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Old 01-29-2012, 12:51 PM
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affected by sponsorship limitations

Hi all,

I'm a German citizen and my husband is an Australian citizen since 1988. I am 42, he is 48 years old and we've known each other for more than 26 years. We both lived in the same city in Europe and have the same social and cultural background. We’ve been married since June 2011. Our marriage seems pretty fast paced, but we have known each other for so many years and there is a deep friendship and respect between us. We have similar goals in life and intend on achieving them together. Meeting someone I could share my life with was completely unexpected, but we feel so lucky to have found each other and we hope to grow old together.

Once all relevant documents have been collected we applied for an offshore temporary partner visa 309 in Okt 2011. On Dec 17 we received an email from our case officer stating my husband won’t be able to sponsor me because he has sponsored another partner within the last 5 years.

My husband applied as sponsor for his previous fiancée 2009. He has been honest about this in his application. The visa was granted in Mai 2009. Shortly after this relationship ended by mutual agreement. For this reason this visa has never been used to enter Australia.

We know there are some exceptions to this limitation if we can provide compelling reasons, which include:

- if the previous partner has died; or
- if the previous partner has abandoned the relationship, leaving young children

Our case officer expects my husband to provide compelling reasons within next 20 days. They will then make a decision if my application will be refused. Unfortunately we can’t demonstrate any of the exceptions criteria. We also can’t demonstrate we have a long-standing relationship or children from the relationship, which could also be considered as compelling circumstances.

We both intend to live permanently together and we are only apart temporarily for reasons which are beyond our control, such as restrictions on visa, which only allows me to stay in Australia for 3-12 months on a holiday and not work. Because of our specific situation we have not continuously lived together prior to our application, so we are not able to demonstrate sufficient documentary supporting evidence of shared rent, joint bank accounts, shared responsibilities for day to day etc. If our circumstances would have allowed us to live together we definitely would have, but I want to ensure that I have visa status approved, before I leave my current employment and end the lease of my apartment so my husband and I can live together permanently.

The distance is having a big strain on our relationship, but we already began to combine our affairs and started our future plans, i.e. live together permanently as husband and wife in our own place sharing financial commitments, have children, supporting each other financially, physically and emotionally and create our new life together immediately after the visa application is approved.

Now I am so worried my application will be refused which would have serious consequences for our future. We are intending to go through professional help in preparing our case, but before we commit, I just wanted to know if anyone on this forum has experience in this or can suggest steps we could take now to help an application.

We are just trying to figure out the best way to be together, because there is no possibility of us travelling constantly between GER and AUS and we don't seem to fit into any other particular visa category…

Many thanks in advance for any assistance or advise anyone can provide!

Best Regards

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