I can't find witness for 820 partner visa, what should I do?

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.

Like Tree2Likes

I can't find witness for 820 partner visa, what should I do?


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 12-13-2013, 07:19 AM
Active Member
 
Join Date: Dec 2013
Posts: 5
Users Flag! From china

I can't find witness for 820 partner visa, what should I do?

Dear all,

I have a really trouble question of my 820 Partner Visa application and hope can get some advise from you.

I'm from China and my husband is an Australia Perminet Recident. He is now helping me to apply for the 820 Partner Visa.

We have a very special situation is that he graduated from Aus ten years ago and nearly have no contacts with his Aus friends. As we just returned back to Aus for only one month, we really don't have any Australia Permint Recident or Citizen friend who can be our witness.

The immigration booklet indicates that the witness must be Australia Perminet Recident or Citizen. Is that true? Can I ask our Chinese friend to be our witness?

Really thanks for your advice

Trace


  #2 (permalink)  
Old 12-14-2013, 12:07 AM
Active Member
 
Join Date: Dec 2013
Posts: 5
Users Flag! From china

Anybody can give me some advice?


  #3 (permalink)  
Old 12-14-2013, 12:20 AM
Senior Member
 
Join Date: Sep 2013
Posts: 109
Please update your flag here .

41 likes received
Quote:
Originally Posted by TraceXia View Post
Anybody can give me some advice?
Hi tracexia, how about his parents or any on their family members? Your parents can make one also


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 12-14-2013, 02:21 AM
Active Member
 
Join Date: Dec 2013
Posts: 5
Users Flag! From china

Thanks for your reply.

They both live outside the country. Can they be the witness? Or must be Aus citizen?

Quote:
Originally Posted by samargirl View Post
Hi tracexia, how about his parents or any on their family members? Your parents can make one also


  #5 (permalink)  
Old 12-14-2013, 02:34 AM
Senior Member
 
Join Date: Sep 2013
Posts: 109
Please update your flag here .

41 likes received
Quote:
Originally Posted by TraceXia View Post
Thanks for your reply.

They both live outside the country. Can they be the witness? Or must be Aus citizen?
I applied here in the Philippines, my parents is our witness and his 1 aussie friend. One of your fiance family members can be a witness regardless they live outside of aus as long as they know about your relationship. Anyway you must submit pictures of you two to prove that you meet on person.


  #6 (permalink)  
Old 12-14-2013, 03:34 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
For the 820 you MUST have at least TWO Form 888s by Australian Citizens or Permanent Residents. It's not optional. I'm confused, though - your husband is a permanent resident but has not been living in Oz? You do realize he can't sponsor you if he's not "usually resident" in Australia, right? That's frequently interpreted by DIBP to mean he's been living there for the last two years.

And you're sure he's still a Permanent Resident, right? Apologies if that seems like a silly question, but you make it sound like he hasn't been to Oz in the last ten years, which would mean he would likely no longer have permanent residency.

Mish likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #7 (permalink)  
Old 12-14-2013, 03:46 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
Quote:
Originally Posted by CollegeGirl View Post
And you're sure he's still a Permanent Resident, right? Apologies if that seems like a silly question, but you make it sound like he hasn't been to Oz in the last ten years, which would mean he would likely no longer have permanent residency.
My thoughts exactly too! One would think he would not be a permanent resident if he has been out of Australia for the last 10 years like the OP says.

TraceXia: As CG said you MUST have the 2 statements from either Australian citizen or permanent resident for 820 visa. IF you husband is eligible to be your sponsor (I would check on that IF he has been out of Australia for the last 10 years and not an Australian citizen) you would be better of applying offshore. Offshore you don't need to an Australian citizen or permanent resident.


  #8 (permalink)  
Old 12-14-2013, 08:53 AM
Active Member
 
Join Date: Dec 2013
Posts: 5
Users Flag! From china

Quote:
Originally Posted by CollegeGirl View Post
For the 820 you MUST have at least TWO Form 888s by Australian Citizens or Permanent Residents. It's not optional. I'm confused, though - your husband is a permanent resident but has not been living in Oz? You do realize he can't sponsor you if he's not "usually resident" in Australia, right? That's frequently interpreted by DIBP to mean he's been living there for the last two years.

And you're sure he's still a Permanent Resident, right? Apologies if that seems like a silly question, but you make it sound like he hasn't been to Oz in the last ten years, which would mean he would likely no longer have permanent residency.
Thanks for your reply. I'm sure he is a permanent resident. He graduated from Australia ten years ago, then left the country and worked in China. He used to come back renew and keep his permanent resident. That's why he has no friends here now.

"You do realize he can't sponsor you if he's not "usually resident" in Australia, right? That's frequently interpreted by DIBP to mean he's been living there for the last two years." Is that true? I didn't see any explaination in the immigration booklet then.


  #9 (permalink)  
Old 12-14-2013, 10:24 AM
GBP GBP is offline
Senior Member
 
Join Date: Jun 2013
Posts: 1,366
Users Flag! From australia

466 likes received
60 likes given
Quote:
Originally Posted by TraceXia View Post
Thanks for your reply. I'm sure he is a permanent resident. He graduated from Australia ten years ago, then left the country and worked in China. He used to come back renew and keep his permanent resident. That's why he has no friends here now.

"You do realize he can't sponsor you if he's not "usually resident" in Australia, right? That's frequently interpreted by DIBP to mean he's been living there for the last two years." Is that true? I didn't see any explaination in the immigration booklet then.
Quote:
"Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia."

Partner visa (subclasses 820 and 801)

I think it is good to find out given your partner is a PR that is not living in Australia.


  #10 (permalink)  
Old 12-14-2013, 10:37 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
Quote:
Originally Posted by TraceXia View Post
Thanks for your reply. I'm sure he is a permanent resident. He graduated from Australia ten years ago, then left the country and worked in China. He used to come back renew and keep his permanent resident. That's why he has no friends here now.

"You do realize he can't sponsor you if he's not "usually resident" in Australia, right? That's frequently interpreted by DIBP to mean he's been living there for the last two years." Is that true? I didn't see any explaination in the immigration booklet then.
DIBP defines an Australia Permanent Resident as "A non-citizen who, being usually resident in Australia, is the holder of a permanent visa".

Considering your husband has not been living in Australia for the last 10 years I highly doubt he would meet DIBP's definition of an Australian Permanent Resident.

CollegeGirl likes this.


Closed Thread

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


Similar Threads
Thread Thread Starter Forum Replies Last Post
Partner Visa 820 norchast Visas and immigration 4 10-16-2013 09:58 AM
VISA 820 witness statements laynag Visas and immigration 2 02-12-2013 02:09 AM
Eco-friendly battery find partner in Australia Sherry Business and investment 2 05-06-2010 12:14 PM

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 08:26 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com