Quote:
Originally Posted by suegooderson
Hi there - new to this ... have a problem that I would like advice on ...
We applied for our Contributory Parent Visa on 22 June 07, have been assigned a CO today 12 May 08, applied for Medical - being done on Thursday 15 May 08, police checks have been applied for today 12 May 08 (from Oz as we are here on 12mth visitor visa), and we have a AoS sourced, we are about to send them their letter so Centrelink can do their side of things. The problem is that ...
Our daughter and son in law are now having marital difficulties and son in law has refused to sign his part of the sponsor form stating he is happy for her to sponsor us, she has applied for citizenship and is expecting it in about 8wks time, she is a permanent resident and their daughter is an Australian citizen (aged 4), but hasnt got it yet, does anyone know if it will stop our Visa if he doesnt sign his part of the form if we let Immigration know why?
Anyone help???
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Hello Sue
Your son in law has already given his consent to your daugher acting as your sponsor. He has signed Q59 on Form 40 to this effect, and Form 40 was submitted to the POPC at the same time as your visa application. Form 40 is here:
http://www.immi.gov.au/allforms/pdf/40.pdf
Legally, your son in law can withdraw this consent at any time prior to the grant of your visa. Equally, I doubt that the absence of forimal consent from him could scupper the visa. I suspect that it would be possible to serve formal Notice on him informing him that your daughter will be making the sponsorship commitment with ot withut his consent. It would be unjust to enable an in-law to discate what happens to you, especially in a situation where feelings may be running high because of the marital difficulties which you describe..
It is also very possible that he has agreed to provide the Assurance of Support for your application, either on his own or jointly with your daughter. He is not required to consent to somebody else giving an Assurance of Support that he is not involved with. However. if he is one of the Assurers then he will be required to complete and sign Form SU594, which is here, and to prove his identity, residential status and income to Centrelink:
http://www.centrelink.gov.au/interne...4_0711en_p.pdf
Your son in law cannot be compelled to provide an Assurance of Support but if he does so, he cannot withdraw from it once given and the Assurer's obligations will bind him personally for 10 years if he does provide an AoS.
The POPC will give you AMPLE time in which to try to sort this out. If the couple separate then S-i-L's consent to your daughter providing the Sponsorship will not be required because in this scenario it would be none of his business.
However, he cannot be compelled to provide an AoS and it could be that your daughter would not be able to meet the income thresholds for it by herself. Please see here:
Go Matilda - Your Gateway to Australia - News
If this is the problem and the sticking point, there is a guy called David Shue. He provides Assurances of Support on a commercial basis, via his company I think. He does so in return for a one-off, up-front fee. His fee for joining in with Assuring a Contributory Parent couple is high but then he or a company controlled by him would be providing a ten-year commitment which is open ended in terms of potetntial cost to themselves. There are said to be several businessment like Mr Shue who are willing to provide Assurances of Support on a commercial basis, but he is the only one I know of. I've seen e-mails between Mr Shue and another couple last year and there is no doubt that he is willing to Assure Contributory Parents. I've no reason to doubt Mr Shue's integrity.
That said, many people find that in a situation like yours friends of your daughter's might be willing & able to join in with her in Assuring you. Up to 3 individuals can club together to provide the AoS and as long as their combined income meets the threshold, Centrelink will be satisfied. The Assurers do not need to be related to the visa applicants or to each other. I would always suggest trying to find Assurers from within family and friends if possible rather than using a commercial Assurer, but it may reassure you to know that the commercial possibility exists if you find that you need it.
Letting Son in Law know that the visa can go ahead without his involvement might also also go some way towards allaying his own fears I suspect.
However, I would suggest that you explain the situation to your CO and ask for a minimum of 6 months in which to try to sort it out. Having plenty of time is a great way to take emotional pressure off people which might help the parties to feel less pressured by the whole thing.
Would your daughter want to remain in Australia without him or would she want to return to the UK? If a split would cause your daughter to have second throghts about Oz then it might cause you to have second thoughts too.
Best wishes
Gill
Visa will be issued after 1st July.
