Partner Visa - Previous application

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Partner Visa - Previous application


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Old 05-18-2010, 10:00 PM
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Partner Visa - Previous application

Hi,

Currently getting an application together for a partner migration visa.

40SP states that you cannot have sponsored another person within the previous 5 years.

Aprox 4.5 years ago I submitted an application to sponsor a previous de facto. The relationship ceased and I notified immigration that the visa was no longer needed, so the visa was never approved.

Does anyone know if submitting the visa but not having it approved counts as having 'sponsored' someone?

My current partner and I have all evidence of a continuing relationship and have been living together for over 12 months so qualify on all other accounts.

Any help would be greatly appreciated.

Milly


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Old 05-18-2010, 11:53 PM
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Quote:
Originally Posted by milly81 View Post
Hi,

Currently getting an application together for a partner migration visa.

40SP states that you cannot have sponsored another person within the previous 5 years.

Aprox 4.5 years ago I submitted an application to sponsor a previous de facto. The relationship ceased and I notified immigration that the visa was no longer needed, so the visa was never approved.

Does anyone know if submitting the visa but not having it approved counts as having 'sponsored' someone?

My current partner and I have all evidence of a continuing relationship and have been living together for over 12 months so qualify on all other accounts.

Any help would be greatly appreciated.

Milly
If the previous visa application was never fully processed or granted, you are not classed as having sponsored someone Milly for that can only be so when it has actually occurred.

There is usually on the visa application forms themselves a question re whether you have ever previously held a visa or had an application rejected, and haven't checked the wording re the 40SP but if there is a question re previous sponsoring you just answer No.
If there is a further question re having a Sponsorship rejected, the answer can still be No if you actually withdrew the sponsorship application.





Last edited by Wanderer; 05-18-2010 at 11:57 PM.

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Old 05-19-2010, 10:28 AM
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Quote:
Originally Posted by Wanderer View Post
If the previous visa application was never fully processed or granted, you are not classed as having sponsored someone Milly for that can only be so when it has actually occurred.

There is usually on the visa application forms themselves a question re whether you have ever previously held a visa or had an application rejected, and haven't checked the wording re the 40SP but if there is a question re previous sponsoring you just answer No.
If there is a further question re having a Sponsorship rejected, the answer can still be No if you actually withdrew the sponsorship application.
Yep on the 40SP it asks if you've ever sponsored someone before and then asks if the sponsorship was approved or not. I guess as it never got to that stage I just don't need to fill that section out?? Phew! I've been stressing about that.
Thanks so much for your help!!!


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Old 05-19-2010, 08:04 PM
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Wanderer, just thinking. If the previous partner was on a bridging visa while the application was being processed, would this effect anything at all do you know? I had forgotten that he had moved onto this while the application was being processed... It was held up for a while due to the UK police check but definitely cancelled prior to a decision having been made.
Thanks in advance.
Milly


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Old 05-20-2010, 04:16 AM
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Originally Posted by milly81 View Post
Wanderer, just thinking. If the previous partner was on a bridging visa while the application was being processed, would this effect anything at all do you know? I had forgotten that he had moved onto this while the application was being processed... It was held up for a while due to the UK police check but definitely cancelled prior to a decision having been made.
Thanks in advance.
Milly
I wouldn't expect so for be it an ETA if it was or whatever before the bridging visa kicked in as there had been a partner visa lodged, though there is a connection of sorts at times with quite a few visas, it is more a situation of one being an eligible visa for a further application or something like state sponsorship or moving from TR to PR with partner visas and other than that most are of a stand alone nature and a bridging visa does not in itself have a reliance on a sponsor even if there was an indirect connection.

If anything your previous action in notifying Immi re getting the previous partner application withdrawn should be to your credit with Immi for they like honesty and it was the correct thing to do at the time.





Last edited by Wanderer; 05-20-2010 at 04:22 AM.

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Old 05-20-2010, 08:27 AM
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Thanks heaps for that!! I reckon I've got the form right now.
Now just to keep our fingers crossed.

Thanks again for all your help.
Milly


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