Potential issues with sponsoring a spouse?

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Potential issues with sponsoring a spouse?


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Old 04-29-2016, 08:24 AM
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Potential issues with sponsoring a spouse?

Hello everyone.

I'm an Australian citizen who will be marrying his Chinese fiance in June this year. After I return to Australia, I will be helping her apply for a Provisional Partner visa (309) so that she can eventually become a permanent resident and live with me.

I have been together with her for nearly a year and a half now (we met online in February last year), and I have visited her twice last year: in June for three weeks, and in November for four weeks. We have several pieces of evidence that prove we are in a genuine relationship (several photos of us together, online and text messages sent to each other, gifts sent overseas).

However, we have both been concerned about a couple of things regarding our situation, and so I was hoping to post here for assistance.

I am currently a university student, and unemployed otherwise. I'm on Centrelink benefits (specifically, Disability Support Pension), and I am also living with my parents.
Depending on how things turn out, I am planning for her and I to live under my parents' roof when she lives in Australia.

As I will be sponsoring my future wife for the application of her visa, are all of these factors a problem? I am aware that have been on Centrelink benefits or haven't been employed, but still managed to obtain a visa successfully for their spouse. But I am concerned that all the factors in our situation will be seen as too much of a problem, and as such the visa would be denied.

Essentially, could I still reliably sponsor my wife for her visa?

Thank you all for your time.


EDIT: Needed to clarify that she will be applying for the 309, not the 820.


Last edited by Sandman92; 05-01-2016 at 06:28 AM.

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Old 04-29-2016, 10:55 AM
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You will be making a big mistake if you get married return to Australia and apply for a partner visa without having lived with her in her country for a substantial period. You will have no evidence of a joined life except a marriage certificate. You are ,much better off getting engaged getting a pmv visa then marrying within 9 months of her arriving in Australia .

You won't have problems living with your parents or being on benefit as long as you obtain other forms of evidence

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Old 04-29-2016, 10:57 AM
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Quote:
Originally Posted by chicken999 View Post
You will be making a big mistake if you get married return to Australia and apply for a partner visa without having lived with her in her country for a substantial period. You will have no evidence of a joined life except a marriage certificate. You are ,much better off getting engaged getting a pmv visa then marrying within 9 months of her arriving in Australia .

You won't have problems living with your parents or being on benefit as long as you obtain other forms of evidence

Sent from my iPad using Australia
My apologies, I had neglected to mention that I have been together with her for nearly a year and a half now, and have visited her twice: in June last year for three weeks, and in last November for that month. We have plenty of evidence already to reflect this.

I'll edited the original post to reflect that.


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Old 04-29-2016, 11:03 AM
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That's good evidence for a pmv but not for a partner visa. You need to live together for at least six months and gather all the evidence of a joint household. So you've stayed with her for a total of 8 weeks - it's simple,y not enough. You are guaranteed to be refused Sent from my iPad using Australia

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Old 04-29-2016, 01:09 PM
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you have to prove that you live together for min 12 months.
Registering your relationship could waive the 12 months living together for partner visa.

hope it helps.
best of luck.


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Old 04-29-2016, 01:43 PM
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Okay, so it seems that we would need to apply for a different kind of visa then, the Partner Migrant one.
Having said that, and taking into consideration that we can prove the relationship is genuine, is the possibility of me being her sponsor still suspect? Or is it really just a matter of applying for the different sub-class?


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Old 04-29-2016, 07:42 PM
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Sandman as Chicken said your major issue is the fact that you have not lived together... You need to live together to accumulate the right types of evidence... A few photos and a marriage certificate mean nothing... Have you read the partner visa handbook?

https://www.border.gov.au/FormsAndDo...ments/1127.pdf

You will see you need to address 4 sections in a partner visa application: financial, social, nature of commitment and nature of household... Some of this evidence just cannot be produced if you have not lived together for a decent amount of time... Your best chance would be in section 5 of that booklet Prospective Marriage Visa... That way you can bring your partner to Australia and you have 9 months to get married/live together and you don't need as much evidence in the first place for the PMV but will accumulate it for the next steps of the migration process...

It also allows you to see if you are compatible in the flesh as oppose to a long distance relationship.

Being on Centrelink and living in your parents home are not much of a problem... They are looking at evidence of those 4 areas not so much where you're living. The fact that you are a university student indicates you are intending to complete your education and eventually obtain work so I don't see that as a particular problem. If you're at uni and living at home how old are you?

If you can come up with the money for a partner visa application (currently around $7000) that's one thing but you don't want to lose that and have to go through the long agonising costly appeal process because of lack of credible evidence.

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Old 04-30-2016, 12:36 AM
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Quote:
Originally Posted by Sandman92 View Post
Okay, so it seems that we would need to apply for a different kind of visa then, the Partner Migrant one.
Having said that, and taking into consideration that we can prove the relationship is genuine, is the possibility of me being her sponsor still suspect? Or is it really just a matter of applying for the different sub-class?
The PMV is the option for you
https://www.border.gov.au/Trav/Visa-1/300-

My situation was similar to yours, but with 9 months living together, and we were told the PMV was also best.

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Old 04-30-2016, 03:22 AM
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Okay, thanks guys.

But after reading the Migration Booklet, I'm more worried now than before.

It says that you have to apply for the PMV before getting married, but that the person applying (in this case, it would be my fiance) must also visit Australia before the marriage takes place.

We'll be marrying in June, so does that mean that she would have to apply for the PMV, and then visit me before the marriage even takes place? Unless I'm still misunderstanding something, I'm not sure how that can be feasible.

We have even tried to find a way for her to visit Australia, but because of the restrictions they have for citizens leaving over there, we haven't even managed that before.


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Old 04-30-2016, 03:28 AM
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I belive once they refuse your application its closed as that's what they told me one day its up to tribunal did they give you option to go to MRT


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