Wife Left Me

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Wife Left Me


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Old 01-18-2011, 03:06 AM
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Wife Left Me

Hi Guys,

I am a bit confused. I had sponsored a fiancee in 2007. It was approved and she came here and we got married at the Old Treasury Buildings in Melbourne. After 4 months i discovered she had a boyfriend overseas. And thus long story short she choose him over me and went back overseas and after 1 year of separation we got divorced.

That chapter of my life is over. I have since gotten engaged again to a girl from overseas. I wish to apply for prospective marriage visa. But i have read that the Australian Government does not allow for another sponsorship within 5 years of the previous one.

It has been roughly 3.5 years. I am in love with my fiancee and will marry her. I believe that i should be able to sponsor her without any issues as i have not in any way taken advantage of the immigration system. I fully understand the governments strict policy on this because a lot of people dodge the system to get people here from overseas. However in my case my ex wife left me and went back to her home country so i believe i should be entitled to sponsor my new fiancee and not have to wait the full 5 years.

I am born in Australia. And i have no children from my previous marriage.

Do any of you guys know if i will be able to sponsor my new fiancee?

Should i go through a migration agent? The forms are pretty straightforward and i have sponsored before and had no issues. But would it be beneficial to go through an agent since my case is exceptional.

Any advice would be much appreciated.


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Old 01-18-2011, 07:02 AM
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If you understand the regulations pretty well which it appears you do, I do not know that an agent will be able to assist you too much as the regulations are pretty fixed in being legislated and only variances allowed where the regulations state it.
You'll see from the Sponsor eligibility at Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) that there are some conditions that could see a waiver of the restrictions being made but unfortunately you do not fit in there and so may need to wait.
However, there's nothing to be lost from asking and so no harm in getting yourself into the nearest Immi office and seeing as your ex-wife has left Australia, there could be a chance you may get a waiver.





Last edited by Wanderer; 01-18-2011 at 07:10 AM.

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Old 01-18-2011, 10:15 AM
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Hi. This my first time on this site so sorry if I've put this in the wrong place! You seem to know what you're talking about on this topic!

I am an Australian Citizen but have been living in England for the past 9 years.

In 1994 I sponsored my then british partner and he gained Permanent Residency. We later married in 1998 and had our daughter in 2000. In 2002, he left me for a woman he met on the Internet and returned to England to be with her. He hasn't been back to Australia since. We divorced in 2006.

I moved to England also in 2003 but would now like to come home. I got married for the second time to another English man in 2009 and we have a baby together.

My question is, can I apply for another Spouse visa as I have already done it once before, altho it was over 10 years ago. I am in the process of registering our son as an Australian Citizen do I can then get his Australian passport. My daughter from my first marriage, who lives with us, is already Australian.

Any help/advice will be appreciated.


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Old 01-18-2011, 11:14 AM
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for daddymac : sorry i didnt read your thread properly.yes you can sponsor your fiance you are allowed to sponsor twice but then it should be after 5 years gap from the first you sponsored your ex wife.


Last edited by touch_of_pink2000; 01-18-2011 at 11:28 AM. Reason: wrong info

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Old 01-18-2011, 09:31 PM
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Glossnglitter5
Shouldn't be a problem in your situation and just have a read via link in post above of all the info re eligibility for you as a sponsor and your husband in applying and if you have been together for two years now, getting PR for your husband is on the cards.
Use the Checklist in the applying section and that ought to keep you on the right track, just a bit of reading involved, including links and then getting some things organised and documents copied/certified and collated to go with the application.
And do not forget to submit the Checklist.





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Old 01-18-2011, 09:38 PM
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Does the Checklist have to be submitted with the application then? I missed that one. Is this for spouse 309 as well?


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Old 01-18-2011, 10:30 PM
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Thanks for the response guys, much appreciated.

I am aware that there has to be a 5 year gap. But my inquiry is to get her here before 5 years, in fact its been 3.5 years and i wish to start applying ASAP.

As i mentioned in the initial post, my ex wife left me and we are divorced.

I find it confusing that I am allowed to sponsor another fiancee if i have children from a previous relationship but i have to wait 5 years if i do not have children. Can someone explain this crazy rule?

I went onto the Australian immigration website and went to contact us and then selected partner inquiries but it is asking me to fill out a form with a few options that i know nothing about, like my inquiry relates to a 2 year letter i don't have a 2 year letter i simply want to inquire to the immigration department about my unique situation. Am i going to the wrong section? Also does the immigration department allow people to just walk into their office and speak to someone in person? Or do i have to speak to someone by phone. Last time i spoke to a person on the phone they talked about the 5 year rule and i said well my case is unique and then they said that i should write to the family planning department, which i did then the family planning department replied with the same response that it has to be 5 years but understand that not all cases are the same and if i wanted to proceed further i should try a migration agent.

Then i contacted a few migration agents, one said that i have a few options, my fiancee can come as a skilled migrant (teacher), or she can come as a student (which will involve money to be spent for study) or she can come as a fiancee but i need to have photos of us together. I have photos of us so now I'm totally confused because the visa forms are quite straightforward and easy to fill out, i don't really want to spend a great deal of money on a migration agent unless i know that they can genuinely help in my situation.

So the advice i seek from you guys here are:

Should I

a) Fill out the visa forms myself with a letter stating my unique circumstance?

or

b) Join a Migration Agency and get them to do my visa applications?

or

c) Go overseas again and marry my fiancee and apply for a visa as a partner/wife

or

d) Get my fiancee to apply as a skilled migrant, or a student.

Is it possible for her to come here as a tourist and then for us to get married and then apply for the visa here? Or is that something that is dodgy?

Thanks for your time.


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Old 01-18-2011, 11:52 PM
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First, as to:
Quote:
I find it confusing that I am allowed to sponsor another fiancee if i have children from a previous relationship but i have to wait 5 years if i do not have children. Can someone explain this crazy rule?
That's in the compassionate reasoning for an exception and I suspect their thinking would be along the lines of you have kids and a partner can help in that respect.
As to:
a. Some visas like the skilled ones have a pre or post lodgement enquiry and the family one from memory is not so well set up but you can send an email in to their Global Feedback Unit [ in Contact section ] and you'll usually get a reasonable hearing though more often than not you'll be told what the regulations are.

The crux of the issue for many people being that regulations just like traffic and other laws are to cover everybody and so they will always be quite broad though in some cases, variances for compassionate reasons but there is always going to be a limit and not every case can be covered for if so, we may as well not have any regulations at all.

b. That's your decision but I'd steer clear of any agent who said
Quote:
or she can come as a fiancee but i need to have photos of us together.
for that'll not apply if you as a sponsor have a restriction.
Personally, I do not think any agent could do much in your situation other than take a fee.

c. Doing that will not change the situation of your sponsor restriction.

d. If she is eligible for skilled immigration and can get a state nomination, that may have her here in a year perhaps, or if she could get an employment offer and seek an employer sponsorship, perhaps a bit quicker though she is then reliant on maintaing employment with a sponsor to keep her visa valid.

You can go into an Immi office but you'll likely only see someone via the queue system for a counter enquiry and you'll not really be able to have an indepth discussion nor is the counter person in any position to comment on getting a waiver.





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Old 01-19-2011, 01:45 AM
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Hi Guys,

Once again thanks for your advice.

What i did today was ring a few migration agents.

I explained my situation over the phone to them and 2 agents said that they can help. The thing is that one is charging $220 for a consultation and another is charging $85 for a half hour consultation.

I rang up the Immigration department and explained my circumstance with them. And the operator said that I can apply for the visa and i will have to show compassionate evidence to back up my visa application. I asked her what that means and she said i have to write a letter with the visa application to explain my circumstance and then when the visa is assessed a case officer will either approve or refuse it. If the visa is refused the department will ask for more evidence or information.

I am leaning towards filling out the application myself and writing a letter explaining my circumstance and then wait for the department to accept or reject my visa application.

Any advice guys? What would you do in my situation? go with an agent or submit the forms myself?


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Old 01-19-2011, 08:27 AM
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As I explain to many people on this forum, you can ring Immi any number of times and you could get varying answers depending on a persons knowledge and experience and if you think about what you have been told.
. Yes anyone can apply for any visa.
. Under the regulations you are ineligible as a sponsor and yes you could seek to have the regulation waived, but you do not have a match with any of the compassionate situations quoted under the regulations.
. Yes the visa application will be considered and it may be rejected and I do not know about having the chance to provide additional information but that may occur as standard practice.

What you are in fact going to be doing is gambling the cost of the visa application on a decision not being in accordance with the regulations.
The same will apply if you use an agent.





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