visa dilemma

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visa dilemma


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Old 02-22-2014, 08:15 AM
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visa dilemma

I'm new to your forum and after reading many of your members threads I must admit I am feeling drained. I'm in my late 50's and have been visiting the Philippines frequently to care of and spend time with my 3 year son and partner of 5 years. I live with health limitations and have been receiving a DSP for about 15 years. I have always had the intention to take my family to live in Aust so my son can be educated but my schedule to make plans to do so became complicated 6 mths ago when my DSP was cancelled for leaving the country too often. My plan to apply for a partner visa offshore became a head ache as the sponsors costs will deplete most of my savings and I dont have a home so making a successful visa application will be doubtful,causing a forfeit of fees. I've been gathering info as to the possible success of taking my partner to Aust on a tourist visa and then applying for a partner visa onshore. This seems to be a difficult method,especially after reading your forum as all visas from here come with a NFS. Just to add to my personal problem is that if,when,I ever I do manage to get my DSP restarted, I wont be permitted to leave Aust for 2 years minimum. Can anybody out there offer any helpful advice. My son has his Aust citizenship so I've been told I am eligible for a sole-parent allowance if I can take him to Aust. but because of my disability, I need my partner to help take care of him,and also take care of me. Does anyone have any info which can help me deal with the visa situation and my own personal dilemma thankyou Sandyboy


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Old 02-22-2014, 09:04 AM
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Sandy, can your partner work? All Immigration care about is if you will be able to support yourselves once she gets to Australia. People on Centrelink/DSP do successfully sponsor partners.

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Old 02-22-2014, 09:45 AM
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Quote:
Originally Posted by CollegeGirl View Post
Sandy, can your partner work? All Immigration care about is if you will be able to support yourselves once she gets to Australia. People on Centrelink/DSP do successfully sponsor partners.
Yes College Girl my partner can work and I can find her work but how do I get them to Aust asap. I have zero income at present and if the info I am accessing relating to a DSP restart suggests it wont be easy. If I am successful the DSP wont be enough to support both me in Aust and my family OS and if I'm restricted from leaving Aust for 2 years it will cause suffering and deplete my modest savings on living costs instead of paying for immigration .I dont know if you're Aust so you may not be aware of the present governments plans to reduce welfare expenditure,regardless. What I would appreciate is some strong,accurate visa info to help me bring my family with me. This is not easy,I was receiving DSP because I am ill. It wasn't cancelled because I got well.


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Old 02-22-2014, 09:55 AM
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College Girl, I need accurate information, not speculation.


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Old 02-22-2014, 10:06 AM
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If you want professional advice rather than advice from other migrants like yourself you'd need to talk to a MARA-registered migration agent.

Otherwise there are people on this forum who have been around for quite a while and will probably be able to help you (for free). Your call.

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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.

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Old 02-22-2014, 10:15 AM
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visa dilemma

Professional visa assistance virtually doubles the price of a visa. That seems to be what's available. If I can get the right advice I can process the visa myself


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Old 02-22-2014, 11:00 AM
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I think I may have misunderstood you. It looked like you were dismissing my previous comments as "speculation." Anyway, there is no one who can tell you for sure that your visa will be approved or won't be, but there are numerous people here who can help suggest ideas for evidence, etc. that can help maximize your chances.

Does your partner work now? If so, if she can provide payslips and demonstrate to Immigration that she's capable of earning a living your income should not be an issue.

As to getting here to Aus quickly, the fastest way (since you've already said tourist visas from the Philippines often come with NFS) would be to apply for an offshore partner visa (309), and THEN apply for a tourist visa for her to come holiday with you until they're ready to decide her visa. She'd need to let her CO know before she left that she's doing this. The downside to this is obviously that she won't be able to work - and I'm not sure how having her and your son living there and her not working would affect your DSP benefits. Normally when they were ready to decide her visa, she'd have to fly offshore again for a few days, wait until they've granted it, and then fly back, but since I think she'll get PR straight away (see below) there's a good chance she won't have to do that as she can be onshore when it's decided if they're granting her PR.

Other than that, your only option is to apply for the 309 offshore and then wait until it's granted for her to fly over. That's really your only other option. The Prospective Marriage Visa would be a mistake in your case - you've been together so long that once you apply for the 309 and the visa is granted, there's every chance she'll go straight to permanent residency.

__________________
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.

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Old 02-22-2014, 11:59 AM
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Thanks for the informative reply


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Old 02-22-2014, 12:19 PM
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Organisations like IARC give free (but limited) professional immigration advice. http://www.iarc.asn.au/index

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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.

Last edited by CCMS; 02-22-2014 at 12:24 PM.

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Old 02-22-2014, 08:48 PM
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Quote:
Originally Posted by sandyboy View Post
Professional visa assistance virtually doubles the price of a visa. That seems to be what's available. If I can get the right advice I can process the visa myself
The problem with that is that only certain people are legally allowed to provide immigration advice in Australia. So where will you get the right advice ?

There is a difference ( and sometimes a blurred line) between people sharing their experiences on forums and unqualified people providing actual migration advice, based on limited information and without proper knowledge and understanding of the migration regulations.

If you can't afford professional advice, I suggest you try and get some expert advice through legal aid or one of the organisations that provide free migration advice (see links below).

The migration options for your partner seem pretty straightforward. The main issue seems to be your current income situation and your ability to meet the sponsorship obligations. You are already aware of the potential problems associated with a tourist visa application. Still, it might be worth a shot for you partner and child to pay you a visit first and go from there.

Useful Links (See : Free immigration services)
Queensland Association of Independent Legal Services
Welcome to Immigration Advice & Rights Centre Inc.

Giving Migration Advice in Australia

In Australia there are strict rules about helping someone with their visa application or giving advice about migration. If you are a migration agent you must be registered with the Office of the Migration Agents Registration Authority (MARA).

The following people are allowed to give migration advice without being registered:
  • close family members (spouse, child, adopted child, parent, brother or sister)
  • sponsors or nominators
  • parliamentarians
  • officials acting in the course of their duties
  • members of a diplomatic mission, consular post or international organisation.

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA

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.

Last edited by CCMS; 02-22-2014 at 10:31 PM.

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