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Sponsoring someone for the second time - Page 2


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  #11 (permalink)  
Old 09-09-2013, 02:38 PM
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Hi Girl in Tokyo -

No regulation against that, however multiple back-to-back visitor visas can sometimes trigger a concern by DIAC that the purpose of the visit is not "temporary" which is a requirement for the visa. If you declared that this person was your partner, I expect that could increase DIAC's concern that instead of a temporary visit, the visitor visas were being used to establish residency in Australia for purposes of a partner visa down the road, etc.

I suggest you consider the bigger picture - are you planning to lodge a partner visa for Australia? If so, onshore or offshore? Consider deciding on that before you lodge any further visitor visa applications and make a plan for how they all will fit together and serve your bigger plan, assuming that a partner visa is planned...?

Best,

Mark Northam

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  #12 (permalink)  
Old 09-09-2013, 03:23 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Girl in Tokyo -

No regulation against that, however multiple back-to-back visitor visas can sometimes trigger a concern by DIAC that the purpose of the visit is not "temporary" which is a requirement for the visa. If you declared that this person was your partner, I expect that could increase DIAC's concern that instead of a temporary visit, the visitor visas were being used to establish residency in Australia for purposes of a partner visa down the road, etc.

I suggest you consider the bigger picture - are you planning to lodge a partner visa for Australia? If so, onshore or offshore? Consider deciding on that before you lodge any further visitor visa applications and make a plan for how they all will fit together and serve your bigger plan, assuming that a partner visa is planned...?

Best,

Mark Northam
I plan to file defacto Partner Visa. I have a tourist visa now subclass 600 with multiple re entry for one year. Visa condition No work and maximum 3 months study. I live in Tokyo now but will be spending the holidays there in December stay until March exit then come back again exit and come back again until my visa expires in July 2014. By then we are already living 9months together

immigration may ask me few questions when they see me leaving the country and reentering over and over again on such a short span of time. If they do, what I would do is be completely honest with them and tell them me and my partner are a serious de facto couple and you are simply trying to stay together a few more months so that you can apply for the de facto partner visa together.

We plan to file the relationship in Births, Marriage and Deaths in Victoria to be able to waive the 12 month relationship

We have joint checking account now in Melbourne and my pattner will put my name in his will and as for me I got life insurance that my partner is my beneficiary.

If we are together for 9months only physically we can't file defacto partner visa? Please suggest what to do.

Thank you
Girl in tokyo


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Old 09-09-2013, 03:37 PM
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Originally Posted by Girl in Tokyo View Post
I plan to file defacto Partner Visa. I have a tourist visa now subclass 600 with multiple re entry for one year. Visa condition No work and maximum 3 months study. I live in Tokyo now but will be spending the holidays there in December stay until March exit then come back again exit and come back again until my visa expires in July 2014. By then we are already living 9months together

immigration may ask me few questions when they see me leaving the country and reentering over and over again on such a short span of time. If they do, what I would do is be completely honest with them and tell them me and my partner are a serious de facto couple and you are simply trying to stay together a few more months so that you can apply for the de facto partner visa together.

We plan to file the relationship in Births, Marriage and Deaths in Victoria to be able to waive the 12 month relationship

We have joint checking account now in Melbourne and my pattner will put my name in his will and as for me I got life insurance that my partner is my beneficiary.

If we are together for 9months only physically we can't file defacto partner visa? Please suggest what to do.

Thank you
Girl in tokyo
I forgot to mention that we are planning to file my visa onshore defacto partner visa


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Old 09-09-2013, 03:45 PM
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Mark - she has one tourist visa (600) valid for one year but she says it necessitates leaving every few months and coming back in. If DIAC questioned her and she said she was simply holidaying with her partner while they wait to be eligible to apply for the partner visa, would that be inadvisable?

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Old 09-09-2013, 11:39 PM
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I would have concerns about telling DIAC that the purpose of the trip is to establish defacto residency - it is one of the specific reasons that visitor visas can be refused for. The "holidaying with my partner" part is fine, but as soon as the subject of a planned partner visa comes up, that could be a problem since that would indicate something other than a "temporary visit" to Australia.

The interesting thing is that once a partner visa is lodged, the "rules" change a bit - then it's clear the applicant has plans to remain in Australia permanently, but DIAC then has an obligation to consider the applicant and sponsor's relationship and not keep them apart unreasonably unless other factors weigh more heavily against granting the visa, etc.

Hope this helps -

Best,

Mark Northam

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  #16 (permalink)  
Old 09-10-2013, 12:44 AM
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Girl in Tokyo - make sure you take note of Mark's advice above and disregard the answer I gave you on the other thread.

Can I just say - "Border Security" is very misleading, hahaha. I definitely saw episodes where they let people through specifically because they ended up saying they were planning to apply for a Partner Visa. I mean, duh, of course one shouldn't believe television.

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  #17 (permalink)  
Old 09-10-2013, 01:40 AM
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Quote:
Originally Posted by MarkNortham View Post
I would have concerns about telling DIAC that the purpose of the trip is to establish defacto residency - it is one of the specific reasons that visitor visas can be refused for. The "holidaying with my partner" part is fine, but as soon as the subject of a planned partner visa comes up, that could be a problem since that would indicate something other than a "temporary visit" to Australia.

The interesting thing is that once a partner visa is lodged, the "rules" change a bit - then it's clear the applicant has plans to remain in Australia permanently, but DIAC then has an obligation to consider the applicant and sponsor's relationship and not keep them apart unreasonably unless other factors weigh more heavily against granting the visa, etc.

Hope this helps -

Best,

Mark Northam
Thank you Mark!
That makes semse 😃👍

This is my concern now Mark :

I am coming to Australia in December and my visa expires in July 2014.
When is the best time to apply onshore for Defacto Partner Visa?
If we lodged the relationship at Births, Marriage and Deaths
what are the proofs that we have to show?

I don't intend to come back to Tokyo anymore I am giving up my visa here I am I a resident so that I may be able to join my partner there.

Starting this year December we will be living together physically. And if you say that we should be physically together for 12 months it means I have to file my onshore visa next year Dec 2014?

We have joined checking account already there in Australia. We opened when I visited last month. I will start sending money this month to buy some stuff for the house and to save for our holiday in December. My partner will make a will beneficiary will be me and my two girls in Manila which we plan to lodged their visas together with mine. Also I am including in my life insurance beneficiary my partner and my two girls.
Hope this will be considered in processing my Partner Visa.

Awaiting for your reply...
Girl in Tokyo


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Old 09-10-2013, 02:37 AM
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I wonder whether or not your two girls are migrating together with you?

I think Mark and CG were suggesting you live physically with your partner for a few months and then apply to register your de facto relationship in the state that you live in (every state have different rules, you have to do some research on the requirements, try Google).

By registering your relationship, you don't have to live together for a total of 12 months. But, in order to collect sufficient evidence (especially important for de facto relationship), you still need to live together physically for a significant amount of time.

Try not to burn all the bridges, just in case.

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Last edited by GBP; 09-10-2013 at 02:42 AM.

  #19 (permalink)  
Old 09-10-2013, 01:29 PM
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Quote:
Originally Posted by GBP View Post
I wonder whether or not your two girls are migrating together with you?

I think Mark and CG were suggesting you live physically with your partner for a few months and then apply to register your de facto relationship in the state that you live in (every state have different rules, you have to do some research on the requirements, try Google).

By registering your relationship, you don't have to live together for a total of 12 months. But, in order to collect sufficient evidence (especially important for de facto relationship), you still need to live together physically for a significant amount of time.

Try not to burn all the bridges, just in case.
Thank you for your reply.
Yes I would like to include my two girls in my visa application.

My concern now is. When can we apply Partner Visa? Just incase we cant register the relationship? After the 12 month genuine and continuig living together? If I will come back there in December exit on the 3rd month and come back stay for another 3 months exit then come back that makes 9 months total do I have to complete the 12 month ?

My visa was granted July 2013 - July 2014 one year mulitple re entry. No work max 3 months study

Pls calify me on this
Thanks!
Girl in Tokyo


  #20 (permalink)  
Old 09-10-2013, 02:17 PM
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Hi Girl in Tokyo -

Without the relationship registration, you'll need to look at the 12 months prior to lodging the application and show living together (apart from any temporary time apart) for that 12 month period. There is certainly room for temporary absences - vacations, business trips, etc, but the key is to show that the defacto relationship was in place duirng that time, that you were living together (not separately), however as I said, temporary times apart during the living-together period can be OK depending on the circumstances and duration.

Hope this helps -

Best,

Mark Northam

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Northam Lawyers http://nlaw.com.au [email protected]
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