Sponsorship eligibility difficulties

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Sponsorship eligibility difficulties


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Old 08-25-2009, 12:30 PM
 
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Sponsorship eligibility difficulties

Like the many satified members of this website I see, I too would like begin with commending Australia Forum and its community for the invaluable information, resources and general kind help it provides.

My Question is complicated and would appreciate your assistance.I first met my former partner while she was visiting Australia on tourist visa - visiting her brother who has a PR. We had formed a close and loving relationship and in April 2006 she returned to Australia (after I had some extended time with her in her home country) on tourist visa and we had a civil marriage. I am an Australian citizen and had iniated sponsorship for a spousal visa application in May 2006. She was immediately granted a bridging visa and shortly after that a temporary spousal visa.

I confess I am not a perfect person, but always remained decent and gentlemanly. She became a different person after marriage. She was deceptive, manipulative and divisive within my family. The marriage broke down after 3 months and she left me and filed a fraudulent and totally untrue DV (domestic violence) claim. This happened almost the same time she knew that I had forewarned her that I was terminating my sponsorship. The whole situation was very hurtful.

Finally after a long time I have found new love in my life who unforseeably is also from overseas.I feel she is very genuine and sincere in her intentions. I want to marry her. I was crushed to find out that apparently I cannot sponsor her under spousal visa application because as I understand it you cannot sponsor another until a period of 5 years has transpired from the previous sponsorship.This means I'm stuck till 2011 May.Is this true?Would there be any special consideration be given to my case.What alternative options are there for her joining me in Australia? She has an MBA. Is Student Visa application the only option? If she comes on student visa and if we ever decided to have children before her course finished, could her course be defered for delivery or could we convert to spousal visa application less than 5 years under special circumstances?Would she have to leave the country if her student visa was being converted to spousal visa application? I would very much appreciate any advice anyone could offer me.


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Old 08-25-2009, 04:07 PM
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Yes HariS, some regulations can appear to be harsh when one is in your position but immi regs are not often ignored.

A student visa is a possibility [they can be expensive though] and you need to note 'you may still be permitted to sponsor.....etc.' does not mean it is a certainty and first the situation of her student visa and the hope for deferral would need to be addressed and I'd think it would be better if marriage and birth were planned so as delivery occurred outside of study period.

You probably need to work backwards some and also look into the legalities of getting a wedding permit and whether a look gets taken at the visa your partner is on.
There are some good web sites if you google 'marriage legalities' or something like that and you can see something of a web is getting woven.

Immi may in fact take a dim view of such a premeditated plan to position a loophole in the regulations but that would be for them to decide.
If the new lady in your life has an MBA is it possible she has qualifications to apply for a 176 visa, getting a state nomination perhaps being another way for her being able to come to Australia.

That would certainly be far more clear cut and with a student visa, the need for a letter of offer to study, that would not likely take effect until next year, so a 176 may not be much slower.

Meanwhile, are you [and her] in a position financially so as she can visit on a tourist visa and at least will give you a chance to see how this relationship may develop.





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