Some misunderstanding. Need your advise

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Some misunderstanding. Need your advise


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Old 10-24-2010, 07:39 PM
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Some misunderstanding. Need your advise

Hi guys,
Here is some misunderstanding for me as a sponsor for my partner:

The common sense and official source (booklet #1) say: generally, you should be living with your partner or de facto relationship at the time you apply for a partner visa (booklet #1 – page 35 as a Note). Husband and wife as a part of community should be living together no matter of visa application requirements or else.
The other part of booklet #1 sets the other requirement, absolutely contrary of the above: if you are Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia. (booklet #1, page 15, top).
A permanent resident has eligibility to sponsor a spouse for partner visa but the other requirement deprives him of his eligibility.
Or I am wrong and see this situation mistakenly?
Please advise me, how could I be a sponsor for my spouse, living together with her outside Australia (she has no any visa yet), and meet the requirement to be usually resident in Australia?
Thank you in advance,


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Old 10-24-2010, 07:54 PM
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You currently live your wife... But normally you live in Australia? You moved out of there to live in Australia? If so - there is no problem here and you are eligible.


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Old 10-24-2010, 11:44 PM
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The Note
Quote:
Note: Generally, you should be living with your partner in a spouse or de facto
relationship at the time you apply for a Partner visa.
is as it says a general reference and you can refer to the 12 month relationship requirement for more detail.
With the following on P15
Quote:
If you are an Australian permanent resident or eligible New Zealand citizen, you are
required to be usually resident in Australia.
That does seem to be a differentiation between an Australian Citizen for whom it would generally be accepted is usually resident in Australia even if they may have been abroad a few years and non citizens.
I suppose in the sense of a PR looking at sponsoring someone from abroad, they need to be able to show that they have established themselves in Australia.
I recall having seen discussion re parent visas with a similar principle in that a person with PR cannot sponsor parents without showing a settling in period.





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Old 10-26-2010, 10:23 AM
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Hello there,
I applied for the visa on the same grounds as UKRop, my wife has PR and shes been living with me in the Maldives for more than a year now, however we were refused the visa on the grounds that she does not usually reside in Australia. So I guess that the PR holder has to somehow show that he/she is established in Australia and able to sponsor their spouse, we were told that we had to appeal to the MRT if we wanted that decision to be reviewed.


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Old 10-26-2010, 11:44 AM
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Hello again.
The most incomprehensible in that case are at least three cases based on the similar grounds. I know in person guys being in PR status and not living in Australia since their first initial entry. Their spouses applied on the marriage ground, were successfully granted visas and one of them even escaped somehow AoS problems.
How it could be?
Some "necessary" changes from ImmiDep.?


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Old 11-06-2010, 02:26 AM
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There can be variations in rulings from time to time and it could even be due to ministerial direction that all regulations should be more firmly applied whereas without such pressure, a certain ammount of flexibility had developed.





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Old 11-09-2010, 12:52 PM
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Hi again.
Here is the official reply on my request regarding my circumstances from DIAC:

Dear Mr "UKRop",
Thank you for contacting Global Feedback Unit of The Department of Immigration and Citizenship on 24 October 2010 regarding Partner migration. Your feedback has been referred to me for reply.
As you have noted, the sponsorship provision to enable someone to bring their partner to Australia requires a sponsor who is an Australian Permanent Resident to be usually resident in Australia. However, making a decision as to the country in which the person usually resides, the case officer has regard to several factors when assessing the person’s current circumstances, such as:
- which country the person consider themselves “usually resident”;
- the amount of time they have spent in that country (particularly within the last 2 years);
- the nature and strength of their ties with that country; for example:
- periods of long term residence;
- close family members living in the country;
- ownership of home, business, or other investments in the country; and
- longstanding friends or a social network in the country.
It is therefore possible for a sponsor to be residing with their partner offshore while still being assessed as usual resident in Australia. However, if you are residing offshore with your wife at the time she submits her Partner visa application, I would encourage you to submit all evidence in support of your claim that you are usually resident in Australia.
When assessing a partner visa application, periods of cohabitation is only one of the factors decision makers take into account when considering whether a genuine and ongoing relationship exists. In other words, it is the length of the partner relationship that is important, not necessarily the length of cohabitation. However, where an applicant is living apart from their partner a decision maker must still be satisfied that that both parties are not living apart permanently. It is also important to note that an applicant applying for a partner visa on the basis of a de facto relationship must demonstrate that their relationship has been in existence at least 12 month prior to application, unless:
- compelling and compassionate circumstances exists; or
- the relationship has been registered under a law of an Australian State or Territory.
I appreciate that you have taken the time to contact the Department about your concerns. I trust the information I have provided has been helpful.

Yours sincerely,
R.D.
Director
Family and Resident Return Visa Section.

Any ideas will be appriciated...


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Old 11-09-2010, 03:45 PM
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It kind of just expands on what the regulation is and it means that if you are a PR, there would be an expectation that you have made some sort of an attempt to be residing or have a physical residential connection with Australia.





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Old 11-10-2010, 06:10 AM
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Wanderer, thx for real help.

I did some attempts to settle in Mel even have a recommendation letter from landlord. I commenced an enrollment process to ADF (Australia Defence Forces) PR`s were acceptable that time to join the army… But some circumstances forced me to leave Au. How do you think it cud be considered as attempts to be usual resident in Au?
Thx anyway...


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Old 11-10-2010, 02:39 PM
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The time frame of events is likely to be considered as well and for instance if you were here for several months and then have been gone for several years, that obviously will not be as good as having been here for several years and gone for a number of months.





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