Sponsorship waiver needed - Will it be rejected by CO right away ?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Sponsorship waiver needed - Will it be rejected by CO right away ?


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-26-2019, 11:51 AM
Active Member
 
Join Date: Jul 2019
Posts: 16
Please update your flag here .

Sponsorship waiver needed - Will it be rejected by CO right away ?

Hi,

My fiance and I are planning to lodge a PMV application for myself. He is an Australian Citizen and I live and work in UK (Indian passport holder).

Unfortunately, he has sponsored two other partners in past and so we have "the limitation of max 2 sponsorships per lifetime" restriction impending on us.

I heard that we can lodge our PMV application with a request for waiver and based on the strength of our documentation, the CO will decide whether to forgo the restriction and we won't have to go through any of the Tribunal process or he may find our application weak and refuse it due to which we will need to go through appeal at Tribunal.

Is this true or will the CO definitely reject our application straight away without even having a look at our documentation (showing evidence of genuine relationship) because of this restriction ?

I would really appreciate some advice here.


Reply With Quote
  #2 (permalink)  
Old 09-26-2019, 02:24 PM
Senior Member
 
Join Date: Jul 2015
Location: Australlia
Posts: 4,574
Users Flag! From australia

915 likes received
282 likes given
Quote:
Originally Posted by mfar View Post
Hi,

My fiance and I are planning to lodge a PMV application for myself. He is an Australian Citizen and I live and work in UK (Indian passport holder).

Unfortunately, he has sponsored two other partners in past and so we have "the limitation of max 2 sponsorships per lifetime" restriction impending on us.

I heard that we can lodge our PMV application with a request for waiver and based on the strength of our documentation, the CO will decide whether to forgo the restriction and we won't have to go through any of the Tribunal process or he may find our application weak and refuse it due to which we will need to go through appeal at Tribunal.

Is this true or will the CO definitely reject our application straight away without even having a look at our documentation (showing evidence of genuine relationship) because of this restriction ?

I would really appreciate some advice here.
How long between sponsoring?
How long is the current relationship?
Any children in current relationship?

I have seen that these things can affect the decision.

Some are allowed, indicating that the situation is evaluated, rather than rejected automatically.


Reply With Quote
  #3 (permalink)  
Old 09-26-2019, 08:01 PM
Active Member
 
Join Date: Jul 2019
Posts: 16
Please update your flag here .

The current relationship has been for 1.5 years. The last sponsorship was 5 years ago. We don't have children together as we are not married yet. My fiance however has children from his first marriage.


Reply With Quote
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 09-26-2019, 08:02 PM
Active Member
 
Join Date: Jul 2019
Posts: 16
Please update your flag here .

My question is specifically about automatic rejection as opposed to rejection after reasonable evaluation


Reply With Quote
  #5 (permalink)  
Old 09-26-2019, 08:22 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,360
Users Flag! From australia

2365 likes received
164 likes given
Send a message via Skype™ to CCMS
Cases like this are usually considered on their own merit. Other than that, how can anyone predict what a particular case officer is going to do?

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

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.

Reply With Quote
  #6 (permalink)  
Old 09-26-2019, 08:24 PM
Active Member
 
Join Date: Jul 2019
Posts: 16
Please update your flag here .

Yes I understand nobody can predict what CO will do. My question is more about anyone having a similar experience or know if the process is straight away refusal or if our application will be gone through like all others to find the strength of documentation to support the case.


Reply With Quote
  #7 (permalink)  
Old 09-26-2019, 09:59 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,360
Users Flag! From australia

2365 likes received
164 likes given
Send a message via Skype™ to CCMS
Quote:
Originally Posted by mfar View Post
Yes I understand nobody can predict what CO will do. My question is more about anyone having a similar experience or know if the process is straight away refusal or if our application will be gone through like all others to find the strength of documentation to support the case.
My understanding is that these type of situations are considered on a case by case basis.

The sponsorship limitation may be waived if there are 'compelling circumstances' affecting the sponsor.

For example:
  • the applicant and their sponsor have a dependent child who is dependent on each of them
  • the death of the previous partner
  • the new relationship is longstanding.

Some general aspects that may be particularly important are:

the nature of the hardship/ that would be suffered by the sponsor if the sponsorship were not approved, especially if they felt compelled to leave Australia to maintain their relationship with the applicant.

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

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.

Reply With Quote
  #8 (permalink)  
Old 09-26-2019, 10:05 PM
Active Member
 
Join Date: Jul 2019
Posts: 16
Please update your flag here .

Ok, these compelling circumstances are presented to CO .. is that right ? That is before we go to the Tribunal in case he/she refuses.


Reply With Quote
  #9 (permalink)  
Old 09-26-2019, 10:33 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,360
Users Flag! From australia

2365 likes received
164 likes given
Send a message via Skype™ to CCMS
Quote:
Originally Posted by mfar View Post
Ok, these compelling circumstances are presented to CO .. is that right ? That is before we go to the Tribunal in case he/she refuses.
You would address this upfront when lodging the application.

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

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.

Reply With Quote
  #10 (permalink)  
Old 09-26-2019, 10:39 PM
Senior Member
 
Join Date: Jul 2015
Location: Australlia
Posts: 4,574
Users Flag! From australia

915 likes received
282 likes given
Quote:
Originally Posted by mfar View Post
Ok, these compelling circumstances are presented to CO .. is that right ? That is before we go to the Tribunal in case he/she refuses.
I would assume that you would have included all that in the original application.

If you don't, then there would be a greater chance of refusal.

I think I understand your question now.

If you do not submit all relevant info with the initial application, then it may get rejected automatically. That can apply to any visa application.

But if you do submit everything, it can be evaluated correctly.


Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 04:49 PM.




Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
AustraliaForum.com