partner visa 309 need suggestion or opinion

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partner visa 309 need suggestion or opinion


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Old 07-04-2016, 10:02 AM
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partner visa 309 need suggestion or opinion

HY,
I would like ask one opinion to the comunity, here our situation
I am chinese and i live in Shanghai, he is australian.
we met onine one year ago but face to face he come only three times for one week each time , in one year.
last trip we decided to get married in China and we got certificate .
now we apply for partner visa 309 but :
we dont live together, he comes here only one week every 3 months
we dont share any account or expenses , he dont support my life.
we decided to get married only for avoid the 12 months of relationship.
we have one common bank account but not money inside and no movement, nothing registered under our name.
i live in china and rental is on my name....also all other expenses...
did we made mistake?
did we have chance to have partner visa ?


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Old 07-04-2016, 11:59 PM
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Quote:
Originally Posted by yan662122 View Post
HY,
I would like ask one opinion to the comunity, here our situation
I am chinese and i live in Shanghai, he is australian.
we met onine one year ago but face to face he come only three times for one week each time , in one year.
last trip we decided to get married in China and we got certificate .
now we apply for partner visa 309 but :
we dont live together, he comes here only one week every 3 months
we dont share any account or expenses , he dont support my life.
we decided to get married only for avoid the 12 months of relationship.
we have one common bank account but not money inside and no movement, nothing registered under our name.
i live in china and rental is on my name....also all other expenses...
did we made mistake?
did we have chance to have partner visa ?
In cases like like yours I nearly always suggest you do not get married, apply for a prospective marriage visa first, then get married in Australia. For some reason many people seem to receive advice from "migration agents" in China, that they should get married straight away, then apply for a sc. 309 visa. In many cases, this is very incorrect advice. Without co-habitation and meeting the 4 major aspects of the relationship requirement, in most cases a sc. 309 application will be doomed to fail.

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Old 07-05-2016, 12:12 AM
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correct, at beginning we decide to apply for prespective marriage, later one agent suggest to my partner to get married in china for accellerate the process...so why agents suggest this in your opinion?without living together,......do we have chance?


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Old 07-05-2016, 02:39 AM
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Originally Posted by yan662122 View Post
correct, at beginning we decide to apply for prespective marriage, later one agent suggest to my partner to get married in china for accellerate the process...so why agents suggest this in your opinion?without living together,......do we have chance?
I have no idea why they give this bad advice. Getting married by itself does not accelerate anything. Getting the visa without meeting the relationship requirements is nearly impossible. The only times where I have done sc. 309 visas from China is where the applicants were both Chinese (with the sponor being a PR/Citizen in Australia) and they had been known to each other for a long time and had spent at least some time actually living together or, in the case of a non Chinese sponsor, where the sponsor had been living in China with his/her partner. In most other cases, I opt for the PMV. I can't say anything about your particular case without knowing all the details, but from the little information you have provided, i don't like your chances.

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Last edited by CCMS; 07-05-2016 at 02:42 AM.

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Old 07-18-2016, 09:36 AM
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Hi ,

Here are the conditions to apply for a partner visa, please go through it which can help you.
History of your relationship:
• Statements from you and your partner about:
o how, when and where you first met
o how your relationship developed
o when you decided to marry or to start a de facto relationship
o your domestic arrangements (how you support each other financially, physically and emotionally and when this level of commitment began)
o any periods of separation (when and why the separation occurred, for how long and how you maintained your relationship during the period of separation)
o your future plans.
Financial evidence of your relationship:
• Documents to show that you and your partner share financial commitments and responsibilities, such as:
o evidence of any joint ownership of real estate or other major assets (for example, cars, appliances) and any joint liabilities (for example, loans, insurance)
o sharing of finances
o legal commitments that you and your partner have undertaken as a couple
o evidence that you and your partner have operated joint bank accounts for a reasonable period of time
o sharing of household bills and expenses.
The nature of the household:
• Documents to show that you and your partner share responsibilities in your household, such as:
o your living arrangements
o a statement about the way housework is distributed
o joint ownership or joint rental of the house in which you live
o joint utilities accounts (electricity, gas, telephone)
o joint responsibility for bills for day-to-day living expenses
o joint responsibility for children
o correspondence addressed to both you and your partner at the same address.
Social context of the relationship:
• Documents to show how your relationship with your partner is seen by your friends and family will be considered, such as:
o evidence that you and your partner are usually accepted as a couple socially (for example, joint invitations, going out together, friends and acquaintances in common)
o statutory declarations from your partner’s parents, family members, relatives and other friends about their assessment of the nature of your relationship
o evidence that you and your partner have declared your relationship to government bodies, commercial or public institutions or authorities, joint membership of organisations or groups
o evidence of joint participation in sporting, cultural or social activities
o joint travel.
The nature of your commitment to each other:
• Documents to show your commitment to each other:
o knowledge of each other’s personal circumstances (for example, background and family situation, which could be established at interview)
o intention that your relationship will be long-term (for example, the extent to which you have combined your affairs)
o the terms of your wills
o correspondence and itemised phone accounts to show that contact was maintained during any period of separation.
• If you are living in a de facto relationship, provide one of the following:
o evidence that you have been in the relationship for at least 12 months before you apply for this visa
o evidence that of compelling and compassionate reasons for applying before the 12 month period has passed
o Evidence that you have registered your relationship in Australia with the relevant state or territory authority.


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Old 07-19-2016, 08:02 AM
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Dear axisoverseas, tks for for your suggestion, wich i knew before ......unfortunately we made a mistake and we get married very quickly, we followed a wrong suggestion, we thought the process could be quickly beiing married....the problem is that i live in shanghai and he live in Melbourne, difficult to prove we live together with all annexes conseguences......


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