Can I sponsor my wife and step children even though I don't live in Australia yet?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree5Likes

Can I sponsor my wife and step children even though I don't live in Australia yet?


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 07-26-2014, 06:44 AM
Active Member
 
Join Date: Jul 2014
Posts: 9
Users Flag! From southafrica

1 likes received
Can I sponsor my wife and step children even though I don't live in Australia yet?

Hi All

I was granted my 176 visa in January 2010 but while in the process of getting this visa (started application process in 2008) began seeing my wife again (after 18 years of going our seperate ways upon finishing school) and we got married in April 2010. After a few years of deciding we now want to emigrate from South Africa to Adelaide. I activated my visa in September 2010 by going over on a short holiday.

We have known each other since we were 11 years old, went to school together (we were even highschool sweethearts for nearly 4 years) and have photos to prove it along with wills showing each other as beneficiaries, joint home loan, joint utilities accounts, holiday photos, wedding invites, wedding photos, 2 statutory declarations from Aussie citizens (form 888) who have known us since we were kids.

My dilema being that the partner visa booklet states that I am "expected" to be residing in Australia as a permanent resident in order to be able to sponsor my wife. Due to the fact that I don't live there yet, does anybody know how strict they are with regards to this "technicality"?

This must be a regular occurence considering the length of time it takes to go through the skilled visa process. After all, your life doesn't stop just because you are embarking on a process like that.

We are about submit the application but want to clarify this before we spend all that money ($4625) that took us a year to save. My visa also expires in January 2015 so time is crucial otherwise I will have to move over there and leave my family behind for the time being, something we want to avoid if possible.

Anybody been through this same situation yet? Or simply know about this and can offer advice?

Thanks
Paul.

Dinkum likes this.

  #2 (permalink)  
Old 07-26-2014, 09:16 AM
Senior Member
 
Join Date: Jul 2014
Location: Perth, Australia
Posts: 3,340
Users Flag! From australia

682 likes received
239 likes given
Yes, you can sponsor your wife and step-child even though your don't live in Australia yet.

Regards

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

  #3 (permalink)  
Old 07-26-2014, 09:16 AM
Moderator
 
Join Date: Jul 2011
Posts: 5,236
Users Flag! From canada

1533 likes received
148 likes given
I've understood that as a PR sponsor, you're supposed to be "usually resident" which typically has meant you should already be living in Australia. I'd suggest you post your question in the "Ask Mark!" thread at the top of the thread list to see what he may suggest about your application before you lodge it.

Edit: Here's a link to a response he recently made on this topic: http://www.australiaforum.com/530538-post2972.html

CollegeGirl likes this.
__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

Last edited by Maggie-May24; 07-26-2014 at 09:19 AM.

Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 07-27-2014, 05:23 AM
Active Member
 
Join Date: Jul 2014
Posts: 9
Users Flag! From southafrica

1 likes received
I was supposed to submit our application tomorrow but now I don't what to do anymore. One MARN agent says I can sponsor my family and another says I can't?????


  #5 (permalink)  
Old 07-27-2014, 05:34 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Personally, I would listen to Mark on this. He's trying to keep you from a very expensive visa rejection. At least call him or contact him somehow and talk it through with him - you'll have a better idea of how to proceed.

Valentine1981 likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #6 (permalink)  
Old 07-27-2014, 05:42 AM
Active Member
 
Join Date: Jul 2014
Posts: 9
Users Flag! From southafrica

1 likes received
I doesn't make sense though...in order for my wife to qualify to apply for a partner visa we have to prove that we are married, live together and share bills, home loan etc etc etc but for me to qualify as her sponsor I need to prove that I live in a different country (Australia)??? The requirements contradict each other.

I had another agent that was going to do the whole application for us until the visa costs increased by over 100% last July and we could no longer afford his services, he said we would be fine as this is a common occurence and we have been married long enough to prove we have an ongoing relationship.


  #7 (permalink)  
Old 07-27-2014, 06:19 AM
Valentine1981's Avatar
Senior Member
 
Join Date: Sep 2012
Posts: 666
Users Flag! From uk

296 likes received
246 likes given
What College girl already said. I would listen to Mark - every piece of advice he has given on this forum has been correct.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #8 (permalink)  
Old 07-27-2014, 07:09 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
I agree and say to listen to Mark too.

The other problem you face is what happens if they don't grant you a resident return visa? It appears you have not spent much time in Australia.


  #9 (permalink)  
Old 07-27-2014, 07:23 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
His PR visa is valid until January 2015 so the Resident Return Visa won't be an issue yet.

Paul, the majority of PR visa holders don't have this issue. Most add their wives/partners to their visa applications initially, or if they aren't part of their lives yet of that point, would have made the move soon after to Australia and begun their lives there, making it possible for them to sponsor a partner later.

You're acting like DIBP is being unfair, but as Mark expressed to you, the ability to sponsor is supposed to be linked to people who actually intend to make Australia their permanent home. Most people are able to meet this criteria. It's only because you just activated your PR and left again and didn't make the move for several years that you're having a problem now. So yes, now you may have to go to some inconvenient measures to be able to make your home in Australia with your family. It's something many of us have had to do.

Valentine1981 likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #10 (permalink)  
Old 07-27-2014, 07:44 AM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,580
Users Flag! From australia

2432 likes received
188 likes given
Send a message via Skype™ to CCMS
I always refer to the regulations and procedures when it comes to these things ( edited excerpts copied below).

In my view, you'd have to able to at least demonstrate strong intentions that you will be residing in Australia by having established a residence and future employment or other significant links. I'd certainly take heed of what Mark Northam had to say on the subject.

(2)The applicant meets the requirements of this subclause if the applicant is the spouse or de facto partner of:*an Australian permanent resident.

Australian permanent resident*means: a non-citizen who, being usually resident in Australia, is the holder of a permanent visa.

Assessing usually resident

As ‘usually resident’ is not defined in the Act or Regulations, it is taken to have its common or dictionary meaning.

It is a matter for the decision maker to determine, based on the facts of the case, if a person is usually resident in and a permanent resident of Australia.

The evidence for being usually resident somewhere may be seen in a variety of factors, including maintaining a home in a particular place, going to work there, owning property, business or other interests there, having family and other ties in the place. Absence from a place at a particular time does not automatically mean it is not a person’s usual residence, as the person may have already established usual residence there in circumstances where their absence is still consistent with having usual residence in that place.

It follows that a person who holds a permanent visa but has not activated that visa by entering Australia may, depending on the facts of the case, be considered usually resident if they have the intention of making Australia their home, had previously lawfully entered Australia (even if only on a temporary visa at that stage) and established the type of links that are indicative of usual residence.

A person who has never entered Australia could not be found to be usually resident in Australia as they have never established their physical presence in Australia.

Under policy, it may be accepted that the sponsor is usually resident in Australia in the absence of information that suggests otherwise if the sponsor:

• holds a permanent visa and
• is residing in or has previously resided in Australia.

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
step children peter72 Issues and current events 2 08-12-2014 05:28 AM
Sponsor to under 18 year old wife...in australia usman Ghani Gondal Visas and immigration 17 07-02-2013 03:27 AM
Want to live with my boyfriend but don't know how to go about it!! Advice please!! Emmie Visas and immigration 3 03-23-2012 08:50 AM
Defacto Visa - Mention Step Children? punkazz Visas and immigration 0 12-12-2011 11:23 PM
De facto Visa but Don't live together sometime Emily88 Visas and immigration 1 06-05-2011 01:32 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 09:04 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com