Offshore Partner Visa question - Previous rejection due to AoS

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Offshore Partner Visa question - Previous rejection due to AoS


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Old 01-22-2010, 01:56 AM
 
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Red face Offshore Partner Visa question - Previous rejection due to AoS

Hello, I am re-applying for an offshore Spouse Visa from the USA. The first time we applied, we had some difficulties securing an AoS (we did not meet the financial requirements due to both being students before we met ). We ran out of time, and not wanting to be seperated, we moved to my home here (to the USA) and were able to get my husband's visa with my family providing the USA visa equivalent to the AoS. We would really love to go back to Australia, especially because we are the only family his mother has left. I have a few questions about my new application that I've been unable to resolve myself.

I apoligize in advance for the lengthy post.

Firstly, and probably most importantly, is there a time limit on visa sponsorship when you failed the previous visa and are sponsoring the same person? My husband has never sponsored anyone else, just me when we failed previously.

My first visa was lodged on July 1, 2007 (fiance visa, it was offshore but I'd been living in Australia on an ETA since December). At one point, our CO went on a 3 month holiday and our application was given to a new CO. I think it got.. deactivated or something.. and when I eventually contacted them to ask if our Visa had been rejected, they gave us another chance to find an AoS. However, when we finally got the rejection letter, it stated the lodgement date for the visa as much later then June 07, I don't have the exact date but I think it was Feb/Jan 08. Should I put this date on question 17 of 40sp or the original lodging date? I'm guessing the later date but I wasn't 100% sure.

Also on question 17, it asks if you have previously sponsored before, in my husbands case, the answer would be yes, because he sponsored me. It also asks for a date that the relationship ended. Do you only fill this in if you select yes? Should I (well, my husband) write in the box that he is sponsoring the same person again?

On question 34 it asks for his employment history for the past 2 years and tax documents from Australia. Because we moved here, he didn't file taxes in Australia for 2008 or 2009, should I get those resolved before applying or should I just submit the congruent tax documents from the USA where we did file taxes?

The reason we want to reapply is because through extensive research we learned that certain government payments can apply to income. My mother-in-law is on disability, and we thought she was exempt from being an AoS for this reason, but she isn't. We realize her income alone wouldn't be enough, but we have other people who could joint-AoS with her and we would meet the requirement. However, when she called centrelink to confirm this - they mentioned we may be required to submit a bond. We have worked very hard and have enough money saved incase this happens, but I thought bonds weren't ever issued for discretionary AoS's? Because I didn't make the phone call myself, I can't be certain if my mother-in-law was clear about the type of visa, but I think she was.

Thanks so much to anyone who takes the time to read all of this. After failing once before we are trying to be extra careful.


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Old 01-24-2010, 08:59 PM
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Hi Kohana;

My understanding of those questions about previous sponsorship is that they apply only to sponsorships of other, previous spouses, where the visas were granted. ie it is to pick up people who do serial sponsorship of successive partners.

Because your visa was refused, your husband has therefore not previously sponsored you (or anyone else), hence you should answer no to all those questions about previous sponsorship (that is why that question about the date the relationship ended makes no sense in your situation).

You will, however, need to address your previous application, I suggest a covering letter explaining the situation in detail. Do you still have the refusal letter? It would be good to be able to get the dates straight. It's a pity you did not withdraw your previous application, rather than now having a refusal there on your history.

My understanding is that your partner's tax records from the US would be fine, it is income they are interested in and it does not matter if it is from the US or AUS. You should also indicate the level of your savings, and address how employable you both are here in Australia (particularly him as the sponsor), does he have a job lined up to come to, for example? If not where and how does he plan to get work? If you can show an income over a certain level for the past financial year or two (I think its in the region of about AUD 43, 000), and a reasonable level of savings, and if he has a job to come to here with that level of income, or if there are reasonable prospects of him getting one fairly soon, and you can demonstrate this, it is much less likely that you would be asked for an AOS (although they might be more focussed on this with you because of your previous AOS history).

My husband is American, and we went through the Washington office for our fiance visa, so I know what you mean about them going on vacation for lengthy periods of time, the same thing happened to us.

You might want to get some advice on your application through, considering your previous refusal, you don't want to risk this happening a second time. My feeling is though in summary is:

1. You do not have a previous sponsorship.

2. You do however, have a previous refusal, so you have to explain that background, and your reasons for reapplying.

3. Demonstrate in as much detail as you can, your improved financial and employment situation. ie address the reasons for refusal really, really well.

4. Locating the previous refusal letter would be good, in case there were other matters there too, that you might have forgotten, that you need to address.

Good luck!


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Old 01-24-2010, 09:40 PM
 
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I still have the refusal letter, I just didn't have it handy. The only reason we got refused was because we could not supply an AOS in time. In the letter it says that also. Our financial situation really isn't much better, but our friend and my mother-in-law will be able to cover our AOS together this time. We really want to go back because my mother-in-law has an illness and no other family there with her. My husband could most likely have a job lined up, but not anything that would defer an AOS I think.

I'm 100% sure our other materials are fine.. Our previous failure was totally because we had no AOS. Is it a bad idea to apply knowing we will need one? I thought as long as long as we had it set up this time it will be okay.

We are both younger... 22 and 23. I am a pharmacy technician and my husband works in grocery.. neither of us completed college yet (we both stopped school so we could be together.) I guess what I'm trying to say is we won't make enough money or have enough saved to meet the requirement for a very long time. This is why we intend to apply knowing fully well we need an AOS.. But this time having people in place for it.


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Old 01-24-2010, 10:19 PM
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It sounds like you have the AOS issue covered this time then. I don't think its at all a bad idea to apply knowing you will need one. From my reading of various immigration forums over the past 2 years, quite a few people apply being is a position like yours.

We didn't have to do an AOS (we are a bit more than double your age lol), so I don't know if you have to submit it up front, or wait until asked. I would put in your application all the financial and work history data you have (if you are planning on living with your mother in law, and sharing household costs, you should also explain that too because that helps) then have all the completed and signed AOS forms etc. ready to send them if and when they ask for them.

If you both have a work history in the US, I would think that is definitely an improvement over your previous situation.


Last edited by mallory; 01-24-2010 at 10:22 PM.

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Old 01-24-2010, 10:47 PM
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I agree with what Mallory has indicated re your Aussie partner not having previously been a sponsor but a potential one and having the previous refusal letter will be a good reference, especially if it shows that "leave" delay via date of application and when refusal was given and you can add an explanatory note if you want to [but nothing too critical to get anyones back up].

I've not read the application form myself and are unaware of it specifying an income level but what you're earning in the US is going to be different to what you could earn here and seeing as you are both working that is a step up from being students as Mallory indicates.
You may not get asked for AoS this time and it does not have to be submitted with your application and will come as a request if needed.

As to an AoS bond, I actually had a chat with a Centrelink guy a week or so back about exactly that and his answer was that it was discretionary, giving a distinct impression that one was not usually asked for, that being their decision and not for DIAC.

The other thing you have in favour of getting a visa this time is that you've been together a number of years and the travel back to the US is a good sign of commitment, so though nothing is ever certain, you have a lot in your favour this time.
And yes, re Q17., I'd use the date from the refusal letter and if it gets queried by DIAC, then you can say, yes you thought it was different but thought best to go with what was documented.

Re the documentation, always a good move to print off a couple of application forms and Checklists so you use one as a dummy application and then you have those as a copy - dating them just as you do the applicationform to be lodged.
Seems as if you're preparing extra well.

Good Luck and Best Wishes for a speedy return.





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