# Sponsoring someone for the second time



## Everlongdrummer (Nov 22, 2010)

Hi guys, 

Just a question for anyone who has done it. 

I understand if you want to sponsor someone for the second (and final) time you must wait 5 years since the last visa was granted. 

My question is, if you do go ahead and try a new sponsor application (partner visa etc) - will your application be scrutinized, or looked at differently due to the fact you have already sponsored someone else in the past, or will be as fair as before?

I helped my long term girlfriend get PR 3 years ago, which the relationship ended. I started a new relationship with a Japanese girl, but I am now considering ending the relationship early after thinking about the hassle and work involved trying to keep her here. My main concerns is the fact that Immigration may look sourly on my next application due to the fact I have already sponsored somebody else.


----------



## CollegeGirl (Nov 10, 2012)

You said your previous partner got PR three years ago - does that mean it was five years ago that you sponsored her? If so, I don't think it's an issue. They check to make sure it's been five years, of course, but I don't think they'd give you a particularly hard time just because this is your second time sponsoring. Keep in mind, though, that you can generally* only sponsor two partners in your lifetime, period. So make sure you are incredibly sure this is the person you want to spend the rest of your life with.

*There are exceptions for compelling and compassionate circumstances but simply being in love with someone and separated won't be enough. So think hard...


----------



## MarkNortham (Dec 19, 2012)

Hi Everlong -

Can you be specific as to the visa subclass you previously sponsored your girlfriend under? It's a key issue - if it was a fiance or partner visa, then you've got the 5 year wait between sponsorships to consider. If it was another type of a visa where she was a defacto secondary applicant, the 5 year waiting period may not apply.

Best,

Mark Northam


----------



## CollegeGirl (Nov 10, 2012)

Oh, geez, I forgot about that possibility! This is why we always make sure the imaginary greenroom here at this forum stays stocked with Mark's favorite imaginary snacks, beverages, movies and books. Because he knows alllll these things.  lol!


----------



## MarkNortham (Dec 19, 2012)

How kind - always happy to help for food!

Working the hours I do it's always a challenge to avoid the junk food cravings at late hours...! I'm sure some on the forum are familiar with that challenge too...? You know who you are, and I'm here to say you are not alone! 

Best,

Mark Northam


----------



## CollegeGirl (Nov 10, 2012)

It may or may not be almost 5 a.m. here. I wouldn't know anything about that.



(Actually I've got blueberries and a bottle of water here at this exact moment... but believe me, I understand. LOL)

And now, I should probably go to bed. I will be so glad when there's not such a huge time difference between my fiance and I and I can both talk to him AND keep a normal sleep schedule... lol.


----------



## Everlongdrummer (Nov 22, 2010)

Hi all,

Thanks for the replies! We applied for a partner (defacto) visa in 2010 and it was granted in 2011, the application was so strong they waived the 2 year waiting period after that and she got PR straight away. 

If I continue the relationship with my new Japanese girlfriend, we will probably do the same thing (defacto) or possibly get married (which is the same visa I think), so the earliest we can apply is 2016 (or 2015 if the five years is counted from when my ex and I applied for the visa, not granted).


----------



## Girl in Tokyo (Sep 9, 2013)

*Second Time Invitation*

Gid'day!

I would like to ask my Aussie BF invited me and was given a tourist subclass 600. Multiple re entry valid for one year. It will expire in July 2014. 
Can he still sponsor me for the second time ?

Thank you in advance!
Girl in tokyo


----------



## MarkNortham (Dec 19, 2012)

Hi Girl in Tokyo -

Sorry, not clear on your question - sponsor you for what visa...? Another visitor visa? Would need to know the history of his sponsorships for anyone to Australia to better understand and answer your question. Inviting someone to come on a visitor visa is not the same as sponsorship, and would not incur time limits and restrictions usually. With fiance and partner visas, once someone has sponsored a person for one of these visas and the visa has been granted, the sponsor is generally prohibited from sponsoring another person for 5 years.

Please clarify and I'd be glad to help -

Best,

Mark Northam


----------



## Girl in Tokyo (Sep 9, 2013)

*Second time invitation*



MarkNortham said:


> Hi Girl in Tokyo -
> 
> Sorry, not clear on your question - sponsor you for what visa...? Another visitor visa? Would need to know the history of his sponsorships for anyone to Australia to better understand and answer your question. Inviting someone to come on a visitor visa is not the same as sponsorship, and would not incur time limits and restrictions usually. With fiance and partner visas, once someone has sponsored a person for one of these visas and the visa has been granted, the sponsor is generally prohibited from sponsoring another person for 5 years.
> 
> ...


Thank you Mark for your help! 
I am talking about a tourist visa. Can he invite me again 
for the second time? He is my defacto partner will I declare
that in my application for tourist visa that he is my partner? 
Looking forward for your response.

Girl in tokyo


----------



## MarkNortham (Dec 19, 2012)

Hi Girl in Tokyo -

No regulation against that, however multiple back-to-back visitor visas can sometimes trigger a concern by DIAC that the purpose of the visit is not "temporary" which is a requirement for the visa. If you declared that this person was your partner, I expect that could increase DIAC's concern that instead of a temporary visit, the visitor visas were being used to establish residency in Australia for purposes of a partner visa down the road, etc. 

I suggest you consider the bigger picture - are you planning to lodge a partner visa for Australia? If so, onshore or offshore? Consider deciding on that before you lodge any further visitor visa applications and make a plan for how they all will fit together and serve your bigger plan, assuming that a partner visa is planned...?

Best,

Mark Northam


----------



## Girl in Tokyo (Sep 9, 2013)

MarkNortham said:


> Hi Girl in Tokyo -
> 
> No regulation against that, however multiple back-to-back visitor visas can sometimes trigger a concern by DIAC that the purpose of the visit is not "temporary" which is a requirement for the visa. If you declared that this person was your partner, I expect that could increase DIAC's concern that instead of a temporary visit, the visitor visas were being used to establish residency in Australia for purposes of a partner visa down the road, etc.
> 
> ...


I plan to file defacto Partner Visa. I have a tourist visa now subclass 600 with multiple re entry for one year. Visa condition No work and maximum 3 months study. I live in Tokyo now but will be spending the holidays there in December stay until March exit then come back again exit and come back again until my visa expires in July 2014. By then we are already living 9months together

immigration may ask me few questions when they see me leaving the country and reentering over and over again on such a short span of time. If they do, what I would do is be completely honest with them and tell them me and my partner are a serious de facto couple and you are simply trying to stay together a few more months so that you can apply for the de facto partner visa together.

We plan to file the relationship in Births, Marriage and Deaths in Victoria to be able to waive the 12 month relationship

We have joint checking account now in Melbourne and my pattner will put my name in his will and as for me I got life insurance that my partner is my beneficiary.

If we are together for 9months only physically we can't file defacto partner visa? Please suggest what to do.

Thank you 
Girl in tokyo


----------



## Girl in Tokyo (Sep 9, 2013)

Girl in Tokyo said:


> I plan to file defacto Partner Visa. I have a tourist visa now subclass 600 with multiple re entry for one year. Visa condition No work and maximum 3 months study. I live in Tokyo now but will be spending the holidays there in December stay until March exit then come back again exit and come back again until my visa expires in July 2014. By then we are already living 9months together
> 
> immigration may ask me few questions when they see me leaving the country and reentering over and over again on such a short span of time. If they do, what I would do is be completely honest with them and tell them me and my partner are a serious de facto couple and you are simply trying to stay together a few more months so that you can apply for the de facto partner visa together.
> 
> ...


I forgot to mention that we are planning to file my visa onshore defacto partner visa


----------



## CollegeGirl (Nov 10, 2012)

Mark - she has one tourist visa (600) valid for one year but she says it necessitates leaving every few months and coming back in. If DIAC questioned her and she said she was simply holidaying with her partner while they wait to be eligible to apply for the partner visa, would that be inadvisable?


----------



## MarkNortham (Dec 19, 2012)

I would have concerns about telling DIAC that the purpose of the trip is to establish defacto residency - it is one of the specific reasons that visitor visas can be refused for. The "holidaying with my partner" part is fine, but as soon as the subject of a planned partner visa comes up, that could be a problem since that would indicate something other than a "temporary visit" to Australia. 

The interesting thing is that once a partner visa is lodged, the "rules" change a bit - then it's clear the applicant has plans to remain in Australia permanently, but DIAC then has an obligation to consider the applicant and sponsor's relationship and not keep them apart unreasonably unless other factors weigh more heavily against granting the visa, etc.

Hope this helps -

Best,

Mark Northam


----------



## CollegeGirl (Nov 10, 2012)

Girl in Tokyo - make sure you take note of Mark's advice above and disregard the answer I gave you on the other thread. 

Can I just say - "Border Security" is very misleading, hahaha. I definitely saw episodes where they let people through specifically because they ended up saying they were planning to apply for a Partner Visa. I mean, duh, of course one shouldn't believe television.


----------



## Girl in Tokyo (Sep 9, 2013)

MarkNortham said:


> I would have concerns about telling DIAC that the purpose of the trip is to establish defacto residency - it is one of the specific reasons that visitor visas can be refused for. The "holidaying with my partner" part is fine, but as soon as the subject of a planned partner visa comes up, that could be a problem since that would indicate something other than a "temporary visit" to Australia.
> 
> The interesting thing is that once a partner visa is lodged, the "rules" change a bit - then it's clear the applicant has plans to remain in Australia permanently, but DIAC then has an obligation to consider the applicant and sponsor's relationship and not keep them apart unreasonably unless other factors weigh more heavily against granting the visa, etc.
> 
> ...


Thank you Mark! 
That makes semse &#128515;&#128077;

This is my concern now Mark :

I am coming to Australia in December and my visa expires in July 2014.
When is the best time to apply onshore for Defacto Partner Visa? 
If we lodged the relationship at Births, Marriage and Deaths 
what are the proofs that we have to show?

I don't intend to come back to Tokyo anymore I am giving up my visa here I am I a resident so that I may be able to join my partner there.

Starting this year December we will be living together physically. And if you say that we should be physically together for 12 months it means I have to file my onshore visa next year Dec 2014?

We have joined checking account already there in Australia. We opened when I visited last month. I will start sending money this month to buy some stuff for the house and to save for our holiday in December. My partner will make a will beneficiary will be me and my two girls in Manila which we plan to lodged their visas together with mine. Also I am including in my life insurance beneficiary my partner and my two girls. 
Hope this will be considered in processing my Partner Visa.

Awaiting for your reply... 
Girl in Tokyo


----------



## GBP (Jun 1, 2013)

I wonder whether or not your two girls are migrating together with you?

I think Mark and CG were suggesting you live physically with your partner for a few months and then apply to register your de facto relationship in the state that you live in (every state have different rules, you have to do some research on the requirements, try Google). 

By registering your relationship, you don't have to live together for a total of 12 months. But, in order to collect sufficient evidence (especially important for de facto relationship), you still need to live together physically for a significant amount of time.

Try not to burn all the bridges, just in case.


----------



## Girl in Tokyo (Sep 9, 2013)

GBP said:


> I wonder whether or not your two girls are migrating together with you?
> 
> I think Mark and CG were suggesting you live physically with your partner for a few months and then apply to register your de facto relationship in the state that you live in (every state have different rules, you have to do some research on the requirements, try Google).
> 
> ...


Thank you for your reply.
Yes I would like to include my two girls in my visa application.

My concern now is. When can we apply Partner Visa? Just incase we cant register the relationship? After the 12 month genuine and continuig living together? If I will come back there in December exit on the 3rd month and come back stay for another 3 months exit then come back that makes 9 months total do I have to complete the 12 month ?

My visa was granted July 2013 - July 2014 one year mulitple re entry. No work max 3 months study

Pls calify me on this 
Thanks!
Girl in Tokyo


----------



## MarkNortham (Dec 19, 2012)

Hi Girl in Tokyo -

Without the relationship registration, you'll need to look at the 12 months prior to lodging the application and show living together (apart from any temporary time apart) for that 12 month period. There is certainly room for temporary absences - vacations, business trips, etc, but the key is to show that the defacto relationship was in place duirng that time, that you were living together (not separately), however as I said, temporary times apart during the living-together period can be OK depending on the circumstances and duration.

Hope this helps -

Best,

Mark Northam


----------



## Girl in Tokyo (Sep 9, 2013)

MarkNortham said:


> Hi Girl in Tokyo -
> 
> Without the relationship registration, you'll need to look at the 12 months prior to lodging the application and show living together (apart from any temporary time apart) for that 12 month period. There is certainly room for temporary absences - vacations, business trips, etc, but the key is to show that the defacto relationship was in place duirng that time, that you were living together (not separately), however as I said, temporary times apart during the living-together period can be OK depending on the circumstances and duration.
> 
> ...


Hi Mark.

Thank you again for your immediate reply.
I am visiting in December and plan to stay there till July 2014 my visa expires but will exit in March and June so that I have 3 months to stay until September that will be 9 months living together and on our 6 month file the relationship in Victoria. Maybe you can help me with my visa application.

How can I avail of your service?

Can you send me your email address. Maybe I can visit your offiice in Sydney with my partner so you can explain better how to deal with my visa application.

Thanks,
Girl in Tokyo


----------



## GBP (Jun 1, 2013)

I think instead of focus only on how many months living together, you should also focus on collecting strong evidence. Not that meaningful if you unable to produce convincing evidences after living together for a long time. At the end of the day, your application depends on the evidences your provided.

Here you go: 
Northam & Associates - Contact Us


----------



## MarkNortham (Dec 19, 2012)

Hi GBP -

Thanks for passing on our info, and I agree with you 100% - for defacto cases it's a combination of great relationship evidence AND satisfying the 12-month living together requirement/relationship registration. One doesn't work without the other.

Best,

Mark Northam


----------

