# Sponsor for spouse visa



## mark355 (Apr 20, 2011)

Hi, 
I just wanna to ask if I'm eligible to sponsor my wife for spouse visa (offshore) but I only have low income and only work once a week. Am I still eligible to sponsor my wife?
Can my parents sponsor my wife? and Can my parents provide Assurance of support for my wife?

Thanks


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## aussiegirl (Dec 15, 2009)

Hi Mark,

As long as your are an Australian citizen or resident, you can be a sponsor. If DIAC thinks that your income is not enough to support your partner and she will become a drain on the social security system, they will ask for an Assurance of Support.

This can be done jointly by up to 3 people, and the sposnor does not have to be an assurer. The amount of funds they look for is about 26 to 28K, which is the yearly threshold for Newstart. Take a look at the Centrelink site for more detailed information


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## mark355 (Apr 20, 2011)

ahh,,ok.... thanks aussie girl....
Do you know how much money should the applicant show to them when applying for spouse visa?...

Thanks


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## Turboadam (Apr 19, 2011)

The applicant is not required to show any money to Diac.


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## KandK (Feb 16, 2011)

Turboadam said:


> The applicant is not required to show any money to Diac.


ummm yes you are! Question 32 on the 47sp which the applicant fills out asks how much is the value of goods, cash and assets you are bringing into Australia.


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## Turboadam (Apr 19, 2011)

Yup, you are right. my bad!


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## mark355 (Apr 20, 2011)

how about when applying for the visa, does my wife need to show her bank statement in her application for the spouse visa??
and is it alright to lodge an application 1 week after we get married?? cuz we got married few days ago.


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## Turboadam (Apr 19, 2011)

mark355 said:


> does my wife need to show her bank statement in her application .


I would think so. My wife's was easy she is unemployed and has no money !



mark355 said:


> is it alright to lodge an application 1 week after we get married?? cuz we got married few days ago.


Absolutely !


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## mark355 (Apr 20, 2011)

Turboadam said:


> I would think so. My wife's was easy she is unemployed and has no money !
> 
> Absolutely !


my wife is unemployed too, so it doesnt matter if my wife is unemployed and has no money. right??

how about the proof of being together like joint account in paying electricity bills, water and stuff? but we have a lot of photos together and comments from social networks like facebook , etc.


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## Turboadam (Apr 19, 2011)

Your CO will want to see that your wife won't be a drain on the taxpayer, so if she has no job/money and you have very little income they may well want an Assurance of Support (AOS). 

My income is fine to support my wife when she gets here, so I havent looked too much into AOS's.

Check out the migration regulations 1994, Reg 1.15A to see what "definitions" you should look to fufill. 

Comments on facebook may not be of much use. 

You will be need to provide Statutory Declarations from others as to how they see your relationship and that they believe you relationship is genuine and ongoing etc. 

You really are best to provide as much info as possible. Don't forget that DIAC is not going to look at an Offshore Partner Visa for some months, so you have time to have her here on a Tourist Visa and develop some of that proof.
Note you should lodge the Partner app before the T.V and use the fact that she is not going to overstay because she won't want to jeopardise the partner visa by breaching the T.V.


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## Turboadam (Apr 19, 2011)

Mark, what nationality is your partner?
I assume she is here atm?
Does her visa have 8503 (no further stay) on it?
Are you intending to apply for an onshore or offshore visa for her?
How long have you known each other for and how long actually together?
Even though soon to be married, you will still need to prove the relationship is genuine.


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## KandK (Feb 16, 2011)

mark355 said:


> how about when applying for the visa, does my wife need to show her bank statement in her application for the spouse visa??
> and is it alright to lodge an application 1 week after we get married?? cuz we got married few days ago.


You can't apply that quickly - you can prepare it of course but you can't lodge it until you have applied for your official marriage certificate from the relevant office of the Registry of Births, Deaths and Marriages. This takes several weeks for the celebrant/minister to lodge the paperwork and then you apply to have a copy of it sent to you. Then you need to get a certified copy done of that certificate and include it in your application. The certificate they give you the day you marry is just a commemorative one, it has no legal significance.

You also asked earlier if you will need an AOS and who can help you get one. Based on you having little income and same for her then it is pretty likely you will get asked for one. You can ask up to 3 people to be joint applicants - and you don't have to be one of them - friends, family etc can do this if they accept the responsibility.


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## Turboadam (Apr 19, 2011)

"You can't apply that quickly"
I disagree, there is a difference betwen an invalid application and an incomplete one.
Mine will be submitted without the Police Clearance Certificate, we have approx 6 months to obtain it as the applications are not processed for approx 6 months. Remember that the standard processing times for Offshore, High Risk applications is 10 months (as per the Diac website).
The marriage certificate is more than able to be appended to the application well before it will be processed, even if it is some 4 weeks away.

Lodge your appliaction asap so that the 10 months is underway asap.


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## mark355 (Apr 20, 2011)

Turboadam said:


> Mark, what nationality is your partner?
> I assume she is here atm?
> Does her visa have 8503 (no further stay) on it?
> Are you intending to apply for an onshore or offshore visa for her?
> ...


she is a filipino and she is currently in the philipines.
Im not sure yet is im going to tell her to apply for an offshore or onshore visa.
we have been together for 7 years. Im only 21 and she is 22

how do we prove that our relationship is genuine??

sorry for a lot of questions, i just dont really have any information about this,

thanks


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## Turboadam (Apr 19, 2011)

I believe that it is unlikely that she would get a visa here without "no further stay" on it being from that part of the world. (My wife is Thai and the same applies). So you would need to apply for an Offshore visa.

You have been in a relationship since you were 14 years old? I cant see the realationship being "officially" recognised at that point in time but still, even from age 18 you would have been in the relationship for 3 years. How much time have you actually spent together? That is significant in the scheme of things.

Do you have phone records detailing calls to her and vice versa?


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## KandK (Feb 16, 2011)

sorry but you are wrong, you cannot apply without a valid and legal marriage certificate because it is the sole ground you are applying for the visa! ie. proving a legal marriage. By the sounds of things mark355 still has much reading to do to fully understand the process - and it is highly unlikely I am guessing that his application is done and ready to lodge. Firstly mark355 do this:
- read the information booklet on applying for partner visas because it will answer many of the questions you are asking: http://www.immi.gov.au/allforms/booklets/1127.pdf
- then download the 40sp and 47sp forms and read them, they also contain valuable information and checklists that you will need to organise your application

Then start gathering the information they ask for and it is long and complicated and the more complete your application is the quicker it can be processed. The only things you can leave out (and immi suggests this too) is wait for the medicals and police checks to be asked for before doing them. Your first task is proving a genuine and ongoing relationship, read the booklet and you will find out how to do this.


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## Turboadam (Apr 19, 2011)

Kandk, do you understand that the applications are not even given file numbers for weeks? As per many of the posts in the sticky - Visa timelines

"_The only things you can leave out (and immi suggests this too) is wait for the medicals and police checks to be asked for before doing them_."

It is not that you can wait to do the medicals, You must not do the medicals until instructed to do so. (Under the new EHealth rules.)


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## Turboadam (Apr 19, 2011)

My offshore partner app is to be lodged on Tuesday without any relationship statements or stat Decs. It is a valid application (but not a complete application).
My migration agent is not a fool. There is plenty of time to append these items. 10 months is a long time.


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## mark355 (Apr 20, 2011)

Turboadam said:


> You have been in a relationship since you were 14 years old? I cant see the realationship being "officially" recognised at that point in time but still, even from age 18 you would have been in the relationship for 3 years. How much time have you actually spent together? That is significant in the scheme of things.
> 
> Do you have phone records detailing calls to her and vice versa?


We spent together everyday before I came here in australia, I've been here for 2 years and im a permanent resident. I just went back ther for 1 week to get married with her.

I doont have phone records cuz we are using prepaid phones there.

If we get a bank account with our names on it, is that a strong proof ??


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## mark355 (Apr 20, 2011)

KandK said:


> sorry but you are wrong, you cannot apply without a valid and legal marriage certificate because it is the sole ground you are applying for the visa! ie. proving a legal marriage. By the sounds of things mark355 still has much reading to do to fully understand the process - and it is highly unlikely I am guessing that his application is done and ready to lodge. Firstly mark355 do this:
> - read the information booklet on applying for partner visas because it will answer many of the questions you are asking: http://www.immi.gov.au/allforms/booklets/1127.pdf
> - then download the 40sp and 47sp forms and read them, they also contain valuable information and checklists that you will need to organise your application
> 
> Then start gathering the information they ask for and it is long and complicated and the more complete your application is the quicker it can be processed. The only things you can leave out (and immi suggests this too) is wait for the medicals and police checks to be asked for before doing them. Your first task is proving a genuine and ongoing relationship, read the booklet and you will find out how to do this.


Im currently reading the booklet now.. Thanks KandK

If she did her police check and medical before they ask for it and it is already attached in the application, is there gonna be a problem??


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## Turboadam (Apr 19, 2011)

mark355 said:


> I dont have phone records cuz we are using prepaid phones there.


 I suggest you do a search on Rebtel and start using this if you can so that you get (1) Cheap calls to her and (2)Phone call statements that you can use.



mark355 said:


> If we get a bank account with our names on it, is that a strong proof ??


That would help if you had held it for some time, not 2 weeks prior to the application being lodged.

Any joint assets in the Philipines?

Photos are going to be very valuable to you, along with very good relationship statements and stat decs (or the equivalent from the Philipines if there is such a thing).

Has she ever been here? If not maybe try for a tourist visa for her first to build up some of the stuff you are going to need to support the application.

Don't do the medicals until asked to do so. It is DIAC policy, don't annoy them. They could even tell you to re do them. Besides it will not hold up the appliaction, 10 months remember.


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## mark355 (Apr 20, 2011)

Turboadam said:


> I suggest you do a search on Rebtel and start using this if you can so that you get (1) Cheap calls to her and (2)Phone call statements that you can use.
> 
> That would help if you had held it for some time, not 2 weeks prior to the application being lodged.
> 
> ...


thanks turboadam,.. I think I will get a phone plan ther in phillipines to get a call records from there to here in australia.

is it okay if the the joint account is 1 month old before lodging the for the application?? or how old should it be for the proofs??

She never been here and she cant go here due to insufficient money because she is unemployed and she is still depending on her parents...


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## KandK (Feb 16, 2011)

mark355 said:


> Im currently reading the booklet now.. Thanks KandK
> 
> If she did her police check and medical before they ask for it and it is already attached in the application, is there gonna be a problem??


No certainly no problem in having done them, just be prepared to do them again if they expire before you get an answer. I have spoken with case officers on the phone and had it explained to me by both immi in Australia and the Aust embassy in Turkey (where we are applying offshore from) and were told to avoid at all costs not sending in key documents needed to prove you have a legal relationship. If you do as the other poster suggested and send them later then you are risking it because you won't have a case officer or a case number to record on the document to so it will end up possibly lost in the system somewhere.

We had this happen they lost our documents, but I at least had a case officer and a case number and luckily they found ours. For the sake of waiting 2-3 weeks to get your legal marriage certificate is not going to make any difference to your application, if anything it will expedite it because then it is in the ready to be processed pile and not in the incomplete/missing pile. I am guessing that you aren't even ready to lodge yet, you have so many documents, statutory declarations and proof to gather and it takes weeks even for a highly organised person with heaps of proof at their fingertips.

The embassy is under no obligation to remind you to put documents in and they can - and will - make decisions based on the information they have given to them. It is great you are reading the booklet and the forms they will be a big help for you.


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## HM20 (Apr 26, 2011)

while the visa 309/100 is in process,can the sponsor travel overseas?or dose that cause delay in the prosess of the visa?


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## aussiegirl (Dec 15, 2009)

There's no problem for the sponsor to travel while the visa is being processed. You just have to be sure you give DIAC a reliable address for mail correspondence, and also let them know your e-mail address in case they need to contact you.

If the applicant wants to travel, it's OK too. But they can't be in Australia to get the visa grant. They will also have to provide contact details to DIAC.


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