Partner Visa, Low Income / Unemployed Sponsor?

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Partner Visa, Low Income / Unemployed Sponsor?

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Old 11-10-2010, 07:34 AM
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Partner Visa, Low Income / Unemployed Sponsor?

Hi there

I have a general question in regards to sponsoring my Fiancee for a Offshore Temporary and Permanent (Subclasses 309 and 100).

I am an Australian living in Melbourne at present, whilst my partner is back home in London.

I am a singer-song writer with a recording deal & have spent the last 2 years over in the U.K working on my music & my next album.
In between i was working a part time job just to make ends meet & that's where I met my partner. One thing to the next we ended up moving in together and sharing a flat in London.

I have had to return back to Australia in pursuit of my music career in May this year.

Now I'm trying to get my fiancee over here to Australia. I have read through all the requirements & I feel we meet all of them apart from the Income Issue.

At the moment I am trying to complete my Album & working in between part time jobs. At present I am currently on a New Start Allowance looking for work. Unemployed technically, but i do have a major recording deal. How ever that doesn't support my income.

So for the last 2 years i have just made ends meet in London in terms of income & I don't really fill any of the income requirements to prove i can support my partner.

How ever I am living at home with my father, he is more then willing to support her & provide her accommodation whilst she moves to Australia. My partner intends to find work asap if she gets granted permission to enter Australia. So in my world we won't have any problems getting by.
I have also read some brief information in regards to a AOS, my dad would also have no problems filling those requirements as well.

Is it possible he could sponsor her in terms of the financial side of things rather then me?

But how do I convince the immigration department? Whats my best shot at getting her the VISA. What are my chances?

Any help & ideas would be great


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Old 11-10-2010, 03:50 PM
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You have kind of let a fair bit of water flow under the bridge, like since May even if you had met the 12 months relationship requirement at that stage and that may complicate the application for it does mention about meeting the relationship requirement being immediately prior to the application and that you are normally residing together at the time of application.
So if you are engaged and intend to get married down the track, it might be better to have her apply for the PMV 300.
You are still the sponsor regardless of what visa you apply for and your income situation will be considered in regards to you needing the AOS and your Dad doing that will be fine.
You could make out something of an explanatory description re your musical situation and what that means for your income etc. and put that in with your sponsorship and if you have a stautory declaration from your Dad about how he supports you pursuing your musical interests and being prepared for you and your fiance to live at home that ought to be fine too.
Then when it comes to the AOS requirement, he'll just need to fill in an official form too.

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Old 11-10-2010, 09:11 PM
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Don't worry, just get the AOS. You won't have any problems because of that.

I agree with Wanderer's advice about going for the Prospective Marriage visa, as you've been apart for a while now.

Wish you all the best.

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Old 11-11-2010, 07:09 PM
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Don't worry, just apply dear. If you have place of your own in Oz (staying in your parents house also fine) that's already big enough because it's better situation than rental house, in aspect of finance. yr partner's education, professional skills or employment history will be add on, so prepare all you have for application including evidence of solid and genuine relationship, even after your partner coming in Oz, the relationship most likely to last etc...that's the most important part would be for officers to check.

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Old 11-11-2010, 09:00 PM
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so if we live apart we are not eligiable to apply for 309 and 100?

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Old 11-12-2010, 01:29 AM
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If you check the advice under the Relationship heading in Eligibity, it is clear there is an expectation that people are living together or that any separation is a temporary matter and examples quoted under the link.

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Old 11-14-2010, 12:20 AM
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Hey guy's, one other question.

If my parnter was to come here on a work holiday visa, could she apply for a spouse visa whilst in Australia?

It makes more sense, that way we can prove that we are still currently together.
I suppose we could then open a joint bank account, she could find work ect...

It might make the application a little easier i was thinking?

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Old 11-14-2010, 02:06 AM
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Yep, she can sure do that and if young enough and seeing you probably have some flexibility with time and movement, she and you could go and do three months seasonal regional work or WWOOF Australia Official Website together and you should have no problem getting well past the 12 months together situation if you did not want to marry sooner rather than later.
Maybe run a schedule to fit in some music festivals etc., be fun!
Depending on what state you're residing in, like with ACT, NSW, Tas. & Vic. you may be able to get a relationship registered and that will waive the 12 months but you still need to show evidence of the relationship and commitment to one another etc.

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Old 11-14-2010, 07:24 AM
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Hey thanks alot mate.

Sounds like a plan as well. I've got two other questions.

I'm in Victoria whats the go with getting the relationship registered as you mentioned? I've never heard of that...

Also if she was over on a Student visa studying & applied for a Spousal Visa whats the process there?

Many thanks

  #10 (permalink)  
Old 11-14-2010, 12:10 PM
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Hi there,

Registering a relationship is usually for de factos, as it makes it legally recognised as a committed, genuine relationship and gives the couple rights as a married couple would have. It can only be done in 3 states so far and luckily you are in one of them. If you can do it, you may be able to waive the 12 month living together requirement that de facto applicants usually have to satisfy.

There is a sticky about it:

So take a look and see how others have found the process.

About the onshore spouse visa, you would have to marry first and apply for a spouse visa in Australia, since you are only engaged at the moment. It's the same as lodging one offshore, but the applicant must be onshore when it's granted. You have to prepare the same evidence and it takes up to 9 months to process, though there have been a few on this forum who have gotten them in a matter of a few months, and even days in one case. But, this is the exception and it usually takes longer for onshore apps to be processed than those made offshore. If the student visa, or whatever visa the applicant is currently on, expires before the spouse application has been processed, a bridging visa is granted with the same rights as the expired visa. This allows the applicant to stay onshore while the visa reaches a decision.

Here is the DIAC link regarding the onshore spouse visa:

Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

Last edited by aussiegirl; 11-14-2010 at 12:19 PM.

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