# Partner Visa, Low Income / Unemployed Sponsor?



## Eran (Nov 10, 2010)

Hi there

I have a general question in regards to sponsoring my Fiancee for a Offshore Temporary and Permanent (Subclasses 309 and 100).

I am an Australian living in Melbourne at present, whilst my partner is back home in London. 

I am a singer-song writer with a recording deal & have spent the last 2 years over in the U.K working on my music & my next album. 
In between i was working a part time job just to make ends meet & that's where I met my partner. One thing to the next we ended up moving in together and sharing a flat in London.

I have had to return back to Australia in pursuit of my music career in May this year.

Now I'm trying to get my fiancee over here to Australia. I have read through all the requirements & I feel we meet all of them apart from the Income Issue.

At the moment I am trying to complete my Album & working in between part time jobs. At present I am currently on a New Start Allowance looking for work. Unemployed technically, but i do have a major recording deal. How ever that doesn't support my income.

So for the last 2 years i have just made ends meet in London in terms of income & I don't really fill any of the income requirements to prove i can support my partner.

How ever I am living at home with my father, he is more then willing to support her & provide her accommodation whilst she moves to Australia. My partner intends to find work asap if she gets granted permission to enter Australia. So in my world we won't have any problems getting by.
I have also read some brief information in regards to a AOS, my dad would also have no problems filling those requirements as well.

Is it possible he could sponsor her in terms of the financial side of things rather then me?

But how do I convince the immigration department? Whats my best shot at getting her the VISA. What are my chances?

Any help & ideas would be great

Thanks


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## Wanderer (Jun 16, 2007)

You have kind of let a fair bit of water flow under the bridge, like since May even if you had met the 12 months relationship requirement at that stage and that may complicate the application for it does mention about meeting the relationship requirement being immediately prior to the application and that you are normally residing together at the time of application.
So if you are engaged and intend to get married down the track, it might be better to have her apply for the PMV 300.
You are still the sponsor regardless of what visa you apply for and your income situation will be considered in regards to you needing the AOS and your Dad doing that will be fine.
You could make out something of an explanatory description re your musical situation and what that means for your income etc. and put that in with your sponsorship and if you have a stautory declaration from your Dad about how he supports you pursuing your musical interests and being prepared for you and your fiance to live at home that ought to be fine too.
Then when it comes to the AOS requirement, he'll just need to fill in an official form too.


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## Skydancer (Jun 3, 2010)

Don't worry, just get the AOS. You won't have any problems because of that.

I agree with Wanderer's advice about going for the Prospective Marriage visa, as you've been apart for a while now.

Wish you all the best.


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## layla2010 (Nov 11, 2010)

Don't worry, just apply dear. If you have place of your own in Oz (staying in your parents house also fine) that's already big enough because it's better situation than rental house, in aspect of finance. yr partner's education, professional skills or employment history will be add on, so prepare all you have for application including evidence of solid and genuine relationship, even after your partner coming in Oz, the relationship most likely to last etc...that's the most important part would be for officers to check.


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## mondy007 (May 2, 2010)

so if we live apart we are not eligiable to apply for 309 and 100?


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## Wanderer (Jun 16, 2007)

If you check the advice under the Relationship heading in Eligibity, it is clear there is an expectation that people are living together or that any separation is a temporary matter and examples quoted under the link.


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## Eran (Nov 10, 2010)

Hey guy's, one other question.

If my parnter was to come here on a work holiday visa, could she apply for a spouse visa whilst in Australia?

It makes more sense, that way we can prove that we are still currently together.
I suppose we could then open a joint bank account, she could find work ect...

It might make the application a little easier i was thinking?


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## Wanderer (Jun 16, 2007)

Yep, she can sure do that and if young enough and seeing you probably have some flexibility with time and movement, she and you could go and do three months seasonal regional work or WWOOF Australia Official Website together and you should have no problem getting well past the 12 months together situation if you did not want to marry sooner rather than later.
Maybe run a schedule to fit in some music festivals etc., be fun!
Depending on what state you're residing in, like with ACT, NSW, Tas. & Vic. you may be able to get a relationship registered and that will waive the 12 months but you still need to show evidence of the relationship and commitment to one another etc.


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## Eran (Nov 10, 2010)

Hey thanks alot mate.

Sounds like a plan as well. I've got two other questions.

I'm in Victoria whats the go with getting the relationship registered as you mentioned? I've never heard of that... 

Also if she was over on a Student visa studying & applied for a Spousal Visa whats the process there?

Many thanks


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## aussiegirl (Dec 15, 2009)

Hi there,

Registering a relationship is usually for de factos, as it makes it legally recognised as a committed, genuine relationship and gives the couple rights as a married couple would have. It can only be done in 3 states so far and luckily you are in one of them. If you can do it, you may be able to waive the 12 month living together requirement that de facto applicants usually have to satisfy.

There is a sticky about it:

http://www.australiaforum.com/visas...istering-your-relationship-victoria-tips.html

So take a look and see how others have found the process.

About the onshore spouse visa, you would have to marry first and apply for a spouse visa in Australia, since you are only engaged at the moment. It's the same as lodging one offshore, but the applicant must be onshore when it's granted. You have to prepare the same evidence and it takes up to 9 months to process, though there have been a few on this forum who have gotten them in a matter of a few months, and even days in one case. But, this is the exception and it usually takes longer for onshore apps to be processed than those made offshore. If the student visa, or whatever visa the applicant is currently on, expires before the spouse application has been processed, a bridging visa is granted with the same rights as the expired visa. This allows the applicant to stay onshore while the visa reaches a decision.

Here is the DIAC link regarding the onshore spouse visa:

Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)


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## Eran (Nov 10, 2010)

Mate you have been a great help.

One last thing, what if she were to come to Aus on the Perspective to Marry visa. Get married with in the 9 months & then apply for the Spouse visa.

Does the 12 month living together period get waived? or do you still need the evidence?

Thanks


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## Wanderer (Jun 16, 2007)

The PMV is designed for coming to Australia and getting married, within nine months of the grant of the visa and not within nine months from arrival.
And you then submit the spouse visa onshore, also within nine months from the PMV grant and you'll still have to submit all the evidence again even though the 12 months is waived.
You may not have to do another medical but get extra certified copies of all the evidence you plan to submit and at least you'll have just about everything and just need to add the marriage certificate and fill in another application form.


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## TreadMark501 (Nov 5, 2010)

Hi aussiegirl,

when you say, "If the student visa, or whatever visa the applicant is currently on, expires before the spouse application has been processed, a bridging visa is granted with the same rights as the expired visa. This allows the applicant to stay onshore while the visa reaches a decision."

What happens if the applicant comes to Australia on a 3 months Tourist Visa (with 8503 restriction) (No Further Stay)?

Can the applicant be granted a Bridging Visa before the Spouse Visa is approved?


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## Wanderer (Jun 16, 2007)

No Further Stay conditions mean exactly that and no further visa can be applied for so no bridging visa applies.


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## Eran (Nov 10, 2010)

Wanderer i have one more curved question for you mate.

I forgot to mention my Fiance currently has a 12 month mulitiple entry tourist Visa to Australia. She visited earlier this year for 2 months.

Now I was wondering what would be case if she came to visit Australia on here current visa, arrange a celebrant one month in advanced and get married? 
Could we then apply for the Partner Visa?

It seems like the cheaper & quickest option. How would immigration frown upon something like this?


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## aussiegirl (Dec 15, 2009)

Hi Eran,

In that case, if you have everything timed correctly and nothing goes wrong, you get the NOIM, get married and apply onshore for the spouse visa. She just has to be very careful not to mention anything about marriages if questioned by customs on her way in or out of Australia. She has a tourist visa afterall, and immigration is on the look out for people who enter with intentions other thant those allowed by their visas.

This requires Swiss precision so to speak, so get cracking with everything if this is the path you want to go down.


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## Wanderer (Jun 16, 2007)

Other than just coming to visit again and if the idea then forms to get married etc. as Aussiegirl has mentioned, it would of course need for the visa she has to not have the No Further Stay 8503 condition on it.
If it hasn't and she can access all minimum documentation for the application _[ and not a good idea to carry it with her on a visitors trip for it could take some explaining to Immi people why for instance you would want to take a birth certificate with you when just visiting. ] _ and you may find that she could need some sort of a certificate of eligibility to marry or she may just have to make a declaration along with yourself but something you ought to check with the celebrant re what they legally need.
She could leave the medical and getting her police check until here and they can even be submitted if need be after the application is in.
The other risk you do run is that you will be well short of the nominal six months together that Immi see as being reasonable even for married couples; whether all your time together previously is seen as being acceptable will be at the discretion of the CO.


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## Eran (Nov 10, 2010)

Yeah thanks guy's.

As you know I'm just trying to way up the options, of whats best for us.
Her current Tourist visa doesn't have the no further stay condition on it. It's an ETA visa. 
I spoke with Immigration today and they mentioned that because she has a British passport visa there is no condition like that. It's a low risk country.

Now after having a long hard think, I'm beginning to think the 12 month work holiday visa is going to be more appropriate. It's going to give us more time & it's also cheaper then applying for a PMV. 

Now I'm not sure. If she applied for the Work Holiday Visa could there be the risk of it having the No further stay condition on it? She has a British passport as stated.

I was reading this on the Visa information page, it sounds promising that you can extend your stay on this visa (Subclass 417)

Extending your stay

You must depart Australia when your visa ends, unless you apply for another type of visa to extend your stay.

If your Working Holiday visa ends and you have not departed Australia or applied for another visa, you risk being detained and removed from Australia. You may also be subject to a period of exclusion from Australia.

If you are in Australia and your visa has expired, you should contact the department to regularise your status.
See: Expired Visas

A first Working Holiday visa cannot be extended beyond the 12 month validity period. However, if you have completed three months of specified work in regional Australia on your first Working Holiday visa, you may be eligible to apply for a second Working Holiday visa.
See: Second Working Holiday visa eligibility

There are other visa options for remaining temporarily or permanently in Australia at the end of your working holiday. However, your eligibility depends on your circumstances and intentions.


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## Wanderer (Jun 16, 2007)

Yes, I mentioned earlier about the second WHV potential option and the WHVs do not have a NFS on them.
Though you can apply for other visas while on the WHV, such as skilled if applicable, student or partner visas, getting a tourist visa onshore at the end of a WHV is not possible.
But certainly the WHV will have the advantage of her being able to legally seek work while here even if it is limited to six months with one employer.
If she does three months regional/seasonal work to get a secon WHV, she could have six months with one employer at the end the first WHV and then do the same at the start of the second WHV, so effectively 12 months with one employer is possible in that situation.
If she puts in for a partner visa anytime while on the WHV, a bridging visa will be granted to apply from when the WHV ceases to a decision being made on the partner visa.
So all up, not a bad approach.


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## Eran (Nov 10, 2010)

Great, we have discussed and chosen that it is the best option at hand.

Now in terms of applying for an Onshore Partner Visa later on down the track, how will she go about getting Police & Medical checks? Should she do them now whilst in the U.K?


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## Wanderer (Jun 16, 2007)

She could put in for her UK police check by slipping the application into the post on the day she leaves with your Australian address to send it to if there is not any possibility she may have to return to the UK in the period leading up to her applying for her visa in Australia.
It will probably be best to do the medical in Australia either when doing the partner application, a bit after or just wait for the request to do it as the visa is being processed.


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## Danie (Mar 30, 2011)

SO ACT, NSW, Tas. & Vic. are the states that have the relationship registration?


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## Wanderer (Jun 16, 2007)

As it stands for the moment as far as I know on what has been reported.
The Immi site sometimes has updates on what they consider relevant info but they seem to have gone a bit coy on this one with having a general statement re relevant legislation.
To be 100% on other states/territory, you would need to check the other states B, D & Ms sites.


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## piglet1 (Mar 31, 2011)

Hi Eran, my partner (sponsor) has been unemployed for the past 5 years and has been working for himself ever since. We did not apply for AoS as our CO said they will go through our case to see if we really need one. But I also provided my tax information, employment info, payslips, degree, and job offers in Australia to show that I am capable of getting a job there and not claiming benefits - and somehow support my partner in case he's unemployed. Plus, he also submitted his tax information from 5 years ago to show how much he was earning back then (75k) and shouldn't have any issue when we head back to melbourne.

Our 309/100 was granted yesterday, 4 months from lodgement date. No interviews, no AoS needed, etc. He here on a tourist visa for 3.5 years, renewing it every 3 months and our CO is aware of that, hence we don't have a joint bank account. But our lease has both our names on it, we live on the same address, lots of personal letters (very few official letters like credit card, billing, etc), and LOTS of photos. Our landlord, friends and family helped a lot, and I guess we're very very lucky!


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