How to get a waiver for sponsorship limitation of a PMV/Partner Visa

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How to get a waiver for sponsorship limitation of a PMV/Partner Visa


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  #1 (permalink)  
Old 07-16-2019, 08:58 AM
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Join Date: Jan 2018
Posts: 115
Users Flag! From france

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How to get a waiver for sponsorship limitation of a PMV/Partner Visa

Hello all,

If you are reading this topic it is probably because you have limitations that prevent you from sponsoring someone for a Prospective Marriage Visa or a Partner Visa.

Well good news: I had such a limitation and I successfully got a waiver. My partner had her visa today.

I was frustrated not to find informations on how to get such a waiver in this forum, so I will tell you how I did it. Of course everyone's situation is different but hopefully that would help you.

First of all, how to ask for the waiver...

When we did the initial application, as part of the docs we uploaded, we added a statutory declaration I signed with a witness in which I asked for the limitation to be waived.
I started the stat dec with an explanation that I am subjected to a limitation because I was sponsored myself less than five years ago, but that the rules explained on the website of the department of immigration states this limitation can be waived for circumstances such as a child in the relationship and the partner abandoned me, or a relationship for more than two years with my current partner, or other compassionate reason. I finished this introduction by saying I think I qualifiy for the three of them.
Then the stat dec goes on with three parts with three titles. Title 1: my previous partner took me to Australia only to get our child in her country and abandoned me on arrival. I told that story. Then Title 2: my relationship with my present partner is not two years yet but by the time the visa is approved it will be the case. Title 3: I am basically someone who was tricked into moving to australia against his will and to no benefit since he would be happier if he were allowed to leave somewhere else but has no choice than staying if he wants to maintain a relationship with his child.
There you go, signed in front of a justice of the peace, and uploaded.

But of course that is not enough, you need supporting proofs. So I added:
-For the title 1, I uploaded the divorce certificate and the birth certificate of my daughter
-For the title 2, I uploaded pictures showing us as early as possible, and the three witnesses all said we were together for a long time.
-For the title 3, I uploaded a letter from my therapist explaining my state of mind.

I believe though, that the title 1 was the determining one in getting me this waiver.

ANyway, after an endless wait, the CO finally made contact and asked for more docs, including some related to the waiver. These were:
-THe custody documents of my child. Problem: I have none, my ex let me see my child every weekend so I never pressed the issue in court. I wrote a letter to the CO explaining this: since my ex never blocked me from seeing my child as much as I could, and since I was alone with no resources in this country, I had no reason to sue her for custody and take the risk of actually getting less access. In lieu of a custody document, I uploaded the divorce request doc, which was signed by both me and my ex, and which mentions that we have an arrangement of me keeping our child every weekend.
-A statutory declaration from my neighbour. He sees me every weekend with my child, who has become friend with his own child, and the two children play together every sunday. He put that in a stat dec, in which he also added that my partner when visiting me in Australia is living there with us and caring with my child with me.

THat's all. A month later, my partner received an email from the CO stating that my limitation has been waived and she was to proceed with health check. She did, and two months later, she received her visa.

If someone has a question I am happy to help.


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Old 07-22-2019, 10:54 PM
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Join Date: Jul 2019
Posts: 18
Please update your flag here .

Hi allergiac,

You have got no idea how happy I am to find your post. Firstly, congratulations on the success of the visa process.

I would like to know if you are happy for me to get in touch with you either via email or pH to seek answers for my queries and if not, I am happy to post them here.

Basically, my Australian partner has a restriction to sponsor me (I live in UK) because of Reg 1.20j which says a person cannot sponsor more tha. Two people in his lifetime.
He sponsored his two ex partners as spouse and both marriages failed and we have reasonable proof to show the marriages broke down because of the exes who abandoned . He also has main custody of his kids but there is a court order for them to visit their mother in weekends and they also cannot leave Australia without permission. In these circumstances, we are looking to see if we can start with an application with waiver request and present evidence for compelling circumstances.

I would like to know what is the first step in the process . Do we lodge PMV directly with our waiver request or first obtain a waiver grant . Also, with additional requirement for the sponsor which is to get police checks for them, where do we actually begin. We are quite lost and really appreciate your help or response.
Did you go to any MARA agent ?

Thanks


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  #3 (permalink)  
Old 08-02-2019, 09:43 AM
Active Member
 
Join Date: Jul 2019
Posts: 18
Please update your flag here .

Quote:
Originally Posted by allergiac View Post
Hello all,

If you are reading this topic it is probably because you have limitations that prevent you from sponsoring someone for a Prospective Marriage Visa or a Partner Visa.

Well good news: I had such a limitation and I successfully got a waiver. My partner had her visa today.

I was frustrated not to find informations on how to get such a waiver in this forum, so I will tell you how I did it. Of course everyone's situation is different but hopefully that would help you.

First of all, how to ask for the waiver...

When we did the initial application, as part of the docs we uploaded, we added a statutory declaration I signed with a witness in which I asked for the limitation to be waived.
I started the stat dec with an explanation that I am subjected to a limitation because I was sponsored myself less than five years ago, but that the rules explained on the website of the department of immigration states this limitation can be waived for circumstances such as a child in the relationship and the partner abandoned me, or a relationship for more than two years with my current partner, or other compassionate reason. I finished this introduction by saying I think I qualifiy for the three of them.
Then the stat dec goes on with three parts with three titles. Title 1: my previous partner took me to Australia only to get our child in her country and abandoned me on arrival. I told that story. Then Title 2: my relationship with my present partner is not two years yet but by the time the visa is approved it will be the case. Title 3: I am basically someone who was tricked into moving to australia against his will and to no benefit since he would be happier if he were allowed to leave somewhere else but has no choice than staying if he wants to maintain a relationship with his child.
There you go, signed in front of a justice of the peace, and uploaded.

But of course that is not enough, you need supporting proofs. So I added:
-For the title 1, I uploaded the divorce certificate and the birth certificate of my daughter
-For the title 2, I uploaded pictures showing us as early as possible, and the three witnesses all said we were together for a long time.
-For the title 3, I uploaded a letter from my therapist explaining my state of mind.

I believe though, that the title 1 was the determining one in getting me this waiver.

ANyway, after an endless wait, the CO finally made contact and asked for more docs, including some related to the waiver. These were:
-THe custody documents of my child. Problem: I have none, my ex let me see my child every weekend so I never pressed the issue in court. I wrote a letter to the CO explaining this: since my ex never blocked me from seeing my child as much as I could, and since I was alone with no resources in this country, I had no reason to sue her for custody and take the risk of actually getting less access. In lieu of a custody document, I uploaded the divorce request doc, which was signed by both me and my ex, and which mentions that we have an arrangement of me keeping our child every weekend.
-A statutory declaration from my neighbour. He sees me every weekend with my child, who has become friend with his own child, and the two children play together every sunday. He put that in a stat dec, in which he also added that my partner when visiting me in Australia is living there with us and caring with my child with me.

THat's all. A month later, my partner received an email from the CO stating that my limitation has been waived and she was to proceed with health check. She did, and two months later, she received her visa.

If someone has a question I am happy to help.
Hi Allergiac,

We are in the same position where we need waiver request. Could you please check my last post on this thread and clarify those doubts for me


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  #4 (permalink)  
Old 12-21-2019, 12:27 AM
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Join Date: Jan 2018
Posts: 115
Users Flag! From france

29 likes received
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Quote:
Originally Posted by mfar View Post

I would like to know if you are happy for me to get in touch with you either via email or pH to seek answers for my queries and if not, I am happy to post them here.
Sorry but I am not a professional so I am not comfortable doing more than sharing my experience in hope it can help people figure out what the best solution is for themselves.


Quote:
Originally Posted by mfar View Post
In these circumstances, we are looking to see if we can start with an application with waiver request and present evidence for compelling circumstances.
As you can see above, I told them all my story and in the end the waiver was granted so I suppose you should do the same and tell them all about your story and your partner's story. Hopefully it will move them the same way my story moved them.

Quote:
Originally Posted by mfar View Post
Do we lodge PMV directly with our waiver request or first obtain a waiver grant .
The stat dec asking for waiver that I talk about in my original post was sent immediately with the application, I did not wait to send it.

Quote:
Originally Posted by mfar View Post
Also, with additional requirement for the sponsor which is to get police checks for them, where do we actually begin. We are quite lost and really appreciate your help or response.
I have no idea.

Quote:
Originally Posted by mfar View Post
Did you go to any MARA agent ?
No.


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