de facto partner visa - sponsor question

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de facto partner visa - sponsor question


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Old 12-10-2010, 11:18 PM
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de facto partner visa - sponsor question

Hi all,

Need a little help figuring some things out please! I am an australian citizen(by birth, have cert and passport) but i live in ireland and have done for over 20 years. I now want to move to australia permanently with my partner and our daughter on a partner visa.(both are irish-i also have dual nationality so i have an irish passport also)

We have lots of proof our relationship is real etc.(we have been together 5 years and have a 3 yr old child. my partner owns the house we live in and ive lived there since he bought it a year ago-so over 12 months) firstly is this enough to entitle him to not have to do the 2 year temp. visa part?( we may get married in future but not rushing it for the sake of a visa...he wants a big wedding!)

my question is that in the past 3 years i have been a full time mum. My partner is the one who supports us although i have a few bills etc. in my name.....can i become an eligible sponsor without an AoS if he can show his earnings and ability to provide for himself in australia(and our 3 year old will be on the visa too)....as i cannot show this at present?

we will both have letters from employers in australia to say we have jobs waiting for us and i have a plan to go to college in feb. 2012 so we will have a 2 year plan mapped out with budgets and the place we will rent etc.

We don't know any resident australians(i have friends in process of becoming a resident and a family member there but neither i am in a position to ask to be an aos for us) so basically we will not get an aos if this is asked for.....unless they will allow an aos outside australia which from what i've read the person has to be an australian citizen/permanent resident.

what is the likelihood with the above info they may ask for an aos?

if jobs etc. arent enough what will be enough? if we have a certain amount in the bank will this count?how much do we need to have? ordinarily aside from this how much do we need to have in savings or do we need that?

really appreciate any insight you can give as i just can't find this info in the case where someone has no aos to fall back on.....



IF all this doesnt work out our plan is for him to go on a working visa....can he get one that does not have a no further stay on it so we can apply in australia(proving we both have jobs etc. so i can support him...would that help?)

thanks in advance for any help or advice : o)


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Old 12-11-2010, 01:04 PM
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have been reading more on the forums here....because i have not been resident in australia for a long time although i am a citizen does that disqualify me from being a sponsor regardless of anything else?

if so is the best way to go with my partner on a whv for him for 2 years and then come back to ireland to apply offshore showing we have lived and i have worked there to meet the conditions of sponsorship?

will they look negatively on him going on a whv and then applying straight away for a partner visa?


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Old 12-11-2010, 08:40 PM
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Hi, my partner (the Aussie) has been living in the UK for the past 12 years before she sponsored me. She has also been 'a homemaker' for the past three years looking after our son - so has not had an income. It was not questioned once when she sponsored me. As far as I can tell / have read - you are very unlikely to be asked for an Assurance of Support - unless you are applying from a high risk country e.g. Asia, South America or Africa (which you aren't)..

have you read this doc :: http://www.immi.gov.au/allforms/booklets/1127.pdf ?

What really counts is that you can show you've been living together at the same address and are a couple. Having children together goes along way to help with this!

When it came to the stat decs, I was told (by my migration agent) that weight was only really placed on these when there wasn't a lot of other evidence. In your case you've been together 5 years and have kids - what is a stat dec going to prove? I had three stat decs, my mum, my mate and her mum. Her mum was the only Australian - asking her to confirm our relationship did NOT mean she was offering AoS. It was never questioned. I wouldn't worry too much about it.

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Last edited by Wanderer; 12-22-2010 at 04:01 PM.

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Old 12-11-2010, 11:30 PM
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hi zultan


wow thankyou so much for taking the time to reply...you have really set my mind at ease!!!i reallly appreciate it : o)

just wondering now how much actual info do they need? do they want 5 years bank statements? i actually have everything from the last 5 years...and i mean EVERYTHING....i am an eternal softie and kept all our stubs and tickets and anything resembling any kind of sentimental value since we met....i even made a little book for my partner after we were together 8 months....it has every date every cinema ticket, every little bit of info in it all logged with dates and "proof"....(knew even then he was special!)...i can give them folders upon folders of info and as i keep every bill and every letter thats anyway important(the organisation freak in me!) i am almost worried of giving too much info...never mind the 1,000 or so photos all neatly logged and dated....(perhaps i should become a migrant agent...lol) so is this what they want??? will i look a bit ott as i am so careful about having all this stuff?

i have also asked everyone we know to write letters for us about our relationship...we have at least 10 who will have thorough info and dates etc. do you think we should just choose two or three? do they need to be certified?(not sure how to do that but i'll look it up!)

when you said savings/house equity....not to be personal but will we need to proove any/some savings?i dont want them to have any reason other than as above to think about an aos cos this would leave us hopeless..

lastly should i on the off chance they question anything like my partners earnings have a letter or two from family saying they will help if needed or is this a beacon to the CO hat we might need it? would they be nice enough to ask us to provide some such thing or immediately go the aos route....i know you said not to worry but this is our only weak link and i want to make sure it wont lose us our chance and 1500euro!!

thanks again...if anyone else has any info on these points too i'd be very grateful : o)


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Old 12-12-2010, 06:13 AM
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Hi - nope they won't ask to see your savings and they just aren't interested in your partners earning - just those of of the sponsor (bizarre really). So in my case we sent the details of my partner's part time job (and nothing about my income - despite the fact that I'm considered the breadwinner).

As you have plenty of hard evidence, I wouldn't worry about getting a stack of letters of support - just get a few. I didn't get any of stac decs witnessed / or certified copied. As for photographs, again these aren't considered hard evidence and 'representative sample' is what they ask for:
Quote:
Please do not send us video tapes or photograph albums. If you would like to support your claims with photographs, please choose a representative selection and make a photocopy.
The whole email I'm quoting is here: The Joy of Emigration: A Useful Email (link to an email sent to me by Australia House on my blog).

For my own application, here is the evidence I supplied to document ten years of our relationship:

Certified (some by a magistrate/some by a local solicitor)

* Confirmation of Death in Service payment from my partner to me
* Confirmation of Death in Service payment from my me to partner
* Partner's car insurance with me as named driver
* My car insurance partner as named driver
* Joint mortgage offer
* Remortgage correspondence from conveyancing solicitor
* First joint bank statement
* Council Tax bill from 2008
* Mine, my partner's and son's passport & birth certs

Uncertified

* Numerous travel and holiday itineraries going back to 2002
* Invoice from nursery addressed to both of us
* Amex statement showing partner's supplementary card on my account
* Stat decs (Our's, Both mums, A friend).
* Personal statement from me about my criminal record
* 3 x Character Refs from Friends saying i'm upstanding and no longer a crim!
* Partner's employer reference, job profile and a recent p60

Hope this helps.

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Last edited by Zultan; 12-12-2010 at 06:19 AM.

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Old 12-21-2010, 03:13 PM
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Hi

I'm British, my partner is Australian, and we've just applied for the de facto visa. My partner has been living 'off the grid' as it were for a few years, so hasn't filed a tax return or had a bank account operating for a long time. I made him open one, and in January we will visit the accountant to do his taxes for July - Dec (I wrote in our applcation that accounts were done 6 monthly, so would follow in January), as he is self employed. The forms ask for accounts or details from him for the last 2 years - as he won't be able to provide them, will they automatically ask for an Assurance of Support? What kind of income levels are they looking for? The weather this year has been terrible, so he hasn't worked as much as we'd expected, as he can't work in the wet, so these 6 months aren't really representative anyway.
Any guidance would be greatly appreciated.
Thanks


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Old 12-21-2010, 03:32 PM
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Quote:
Originally Posted by Freya View Post
Hi

I'm British, my partner is Australian, and we've just applied for the de facto visa. My partner has been living 'off the grid' as it were for a few years, so hasn't filed a tax return or had a bank account operating for a long time. I made him open one, and in January we will visit the accountant to do his taxes for July - Dec (I wrote in our applcation that accounts were done 6 monthly, so would follow in January), as he is self employed. The forms ask for accounts or details from him for the last 2 years - as he won't be able to provide them, will they automatically ask for an Assurance of Support? What kind of income levels are they looking for? The weather this year has been terrible, so he hasn't worked as much as we'd expected, as he can't work in the wet, so these 6 months aren't really representative anyway.
Any guidance would be greatly appreciated.
Thanks
I'm yet to read of anyone from the UK being asked for an Assurance of Support (they seem to be just for partners from high risk countries). I've known of people living on benefits in the UK getting their visa approved - without an AoS. The other scenario is where the Australian in the relationship is a house-wife/husband and not having any income to speak of, again from the UK these don't get asked for AoS.

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Old 12-22-2010, 11:54 AM
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7 likes received
5 likes given
oops sorry - please delete


Last edited by iain; 12-22-2010 at 08:39 PM.

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Old 12-22-2010, 03:56 PM
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I'll jump in here to stop this thread being any further misleading.

And Zultan !!!!!!!!!!
Re
Quote:
As for savings, again I wouldn't worry - the figure asked on the forms is used for statiscal purposes. You won't be asked to prove it. I plucked a figure out of the air and included 'theoritical' equity in my house.
You have been fortunate enough to get away with a telling porkies approach but do not suggest it is an appropiate path for anyone putting in any visa application to do.
It is the best way by far to give an applicant a roaring chance of not only a visa application being rejected but also any further application would be put in jeopardy.

It is the last thing that should ever be suggested.
I'll be deleting the references to it.

Freya and Iain
I realise some threads end up getting multiple posters jumping on but they can get extra messy and this one has the hallmark of getting messier quicker than usual so with courtesy to the OP, littlemisspurkle, please do open your own thread.
You can do a cut and paste from this thread as can Zultan and then I'll delete the posts.
You post again on this thread and I'll delete it.

Back to littlemisspurkle
The AoS situation is not a HR/LR country issue as Zultan suggests but merely Immi looking at the employment/income/general financial situation of a sponsor and they will take into account that of the applicant too.
Certainly if you can get written offers of employment for your arrival in Australia, do include that information and those too.

I'd suggest that you have a read of the sticky thread by el kitten, not so much for her situation which is markedly different though she does have many suggestions there but another poster to her thread " Loved Up " is an Australian who had been abroad for a number of years and her partner is from an African country and they from memory were not asked for an AoS, possibly because they had a good employment record whilst abroad, maybe family to stay with on arrival.
But click on her name at her post and look up her other posts and you can follow her story.

So for sure include copies of employment/taxation/financial records you have, a few years being good if not the whole five and if you can make a summary sheet to go with it all, that will be good and where you have official statements of that kind they do not need certifying for that is more for stuff like copies of passport ID pages and birth certificates etc.
Anything that shows you having been living together, be it bills, library memberships etc. is good and whereas personal statements from abroad are not considered legal documents as with statutory declarations in Australia, having them compiled accurately and with some substance and getting them certified will do no harm and more good than Zultan's agent may have considered I'd suggest.
As with photos, you do not need a whole heap of them and so you can be selective.
Just follow the eligibility and application section requirements for the visa and make sure you use the Checklist and include it and you'll be on the right track.
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

If you have the information to show a lengthy relationship of more than two years and with your child it is quite possible that he could be granted PR rather than going through the TR step and if so, that could also be more reason for an AoS possibly not to be needed.

If your partner is 30 or under, he could consider a WHV though he having a child means he will need to put in a paper application rather than do it online and if you have a read of the WHV section you may see a reference to the partner/child not being able to accompany the WHV holder in that situation, though yours is fortunately not quite in that basket, ie.
As an Australian citizen, your child can have Australian citizenship conferred and you can then get a passport and that legally should be done for an Australian citizen should be using an Australian passport to enter Australia.
With that done, I'd not suspect there would be an issue with your partner getting a WHV and though it is more expensive you could then apply for a partner visa once in Australia.
It would give you the advantage of being able to travel a lot quicker if looking for a warm summer.

To save there being any problem with your partners work here because of the WHV six months with one employer limitation, if the your partner has a trade/profession and he and the employer here are eligible, an employer sponsorship visa could be applied for as an interim whilst the partner visa is being processed but if you have the application for that all ready to submit on arrival, six months ought to see it just about granted.





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