How significant are children and finances concerning an onshore Partner Visa?

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How significant are children and finances concerning an onshore Partner Visa?

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Old 12-21-2010, 09:28 PM
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How significant are children and finances concerning an onshore Partner Visa?

Hi guys,

I'm an American currently on an ETA visa in Syd who has decided to apply onshore for the 820/801 subclass visa(s).

In all honesty, we are both young 20-something students with a two year old son. We did get married in Syd 10 months ago, but we have been together since mid-07 in Melbourne.. I have no health/character issues and all that - so I'm not worried. And, I've been squaring away all the work for those tasks. What we are most concerned about is that:

1) We will most likely need AoS as my wife is a student (on pension from Centrelink), and I have no savings. Basically, she is studying full time while I (was) working back in the US. I haven't worked since I'm not allowed to here, but I do not have any savings as essentially we were living paycheck to paycheck.
2) I have no qualifications. I've only been working full time in the US.

Bottom line is: our financial situation is mediocre.

This IS how we lived when we were living in Melbourne (I worked part time/studied full time, as did she), and we are committed to her finishing school first, then me returning back to school. Yes, we know having a child at a young age is not the best idea, but we love each other and we are just trying to stick together. We have a plan (her finish school, then I), and we are sticking to it at the cost of no savings. We don't have a joint bank account together, but we have sent money back and forth numerous times throughout the years. We have lots of picture/communication evidence so that's no worry.

Our main concern is the financial support, and the likeliness that it will bring down our application. In general opinion, we would just like to get an idea if the presence of a child will sway the application in a positive direction, over any other issues - specifically financial. Or, would it be detrimental? We would also like to hear from anyone who has been in a similar situation, and their outcomes. We don't necessarily need concrete answers - anything would help!

I'm sure plenty of you understand how horrible it is looking forward to separation from your family. Thanks for reading through all this!

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Old 12-22-2010, 02:56 AM
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Hi there,

If the sponsor is not financially able to support the applicant, an AoS can be arranged via a friend or family member in Australia. They only need to show around $29 000, which is the current Newstart allowance threshold for a year. A joint AoS with up to 3 people is also possible, so they need to have a total of 29K in income to support the applicant. So, approach your partner's famliy and friends and see if they can help you out.

As for children from the relationship, it won't make your application be processed faster, but it could waive the 12 month requirement if you were a de facto couple, which you are not. Because you have a kid, the amount of financial support for the AoS will be higher because there is a dependent. But, if your child is an Australian citizen already, you would not have to add them as a dependent on the visa? I'm not sure about this though, so you should research this.

You need to get bank statements to show the transfer of funds and other joint payments you have made. And, you can write statements to explain why there is a lack of joint accounts etc. DIAC can't read minds, so you have to break it down for them in order for them to establish a background to the information you provide.

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Old 12-22-2010, 04:28 AM
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As aussiegirl states, your wife's income as a student will only be looked at from a point of whether there will be an Assurer requested.
You may in fact find that possibly not required if in fact you can show a relationship of two years as with that and a child you may be granted PR with your application rather than the TR and then PR approach.
Certainly get any international transfers records for when you have been back in the US and working and have some evidence of your work history there too for it can all help and your reasoning of going back there to support your wife/child ought to be clearly stated.
As for the child, it is already an Australian citizen in Australia if born here and that is what I gather from your post and being 15 months old, that is at least will help to show a longer relationship.
Instead of doing it tougher than you have to for longer than you have to, as soon as you do have the application in, you could apprpoach Immi to see whether you can get approval for working, the worst that they can say is No!.

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