Rapged Posted July 31, 2012 Share Posted July 31, 2012 Hello all, I know this is a bit of an essay, but hoping someone can perhaps help! :biggrin: Thought I had everything planned out but have just read a doc on the immi.gov.au website that's made us a bit worried :unsure: The scenario is this; * I have been with my girlfriend (in a genuine, continuing relationship) since February 2010 * We left for Australia on a 1 year working holiday visa in April 2011 * In May 2011 (having received a positive skills assessment), I applied for PR (my partner was included) * In December 2011 (after all medicals etc had been completed), the DIAC advised that we had not satisfied the relationship requirement (as we'd only actually lived together for 10 months at the time of application), therefore my partner provided written withdrawal). * My residency was granted in March 2012 (following a trip to New Zealand, returning to Australia as a resident a few days later). * In April 2012 we both came back to UK (as my girlfriend's WHV was up and we didn't want to be apart) * The plan was then to live together here in the UK to get the extra evidence we need (which we've got now having been living together in Oz/UK for a further 14 months on top of the existing 10). My partner is English, has a degree, no kids, no criminal record and is 25 so I don't think there's any issues on that side, the question surrounds my eligibility as a sponsor... After the permanent residency visa was granted, I stayed in Australia for about 4 weeks before departing back to UK (due to partner's WHV being about to expire). We're now wanting to apply for the Partner (Temporary and Permanent) (subclass 309 and 100) visas and everything looks fine, apart from a line on P16 of the 'Partner Migration booklet'; "If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia." ...nothing of this kind appears to be mentioned anywhere else. As it stands though, I am NOT usually resident in Australia (as I don't want to be without my partner!). Will I need to go to Australia alone and live there for awhile before I can sponsor her? Is there a set amount of time you have to be a resident for before you are allowed to sponsor? If anyone has any experience/advice of a similar scenario I'd be very much appreciative if you could share! Thanks in advance fellow Poms in Oz Ged (A Pom not yet in Oz!) Link to comment Share on other sites More sharing options...
Guest GoldCoastMag Posted July 31, 2012 Share Posted July 31, 2012 Hi there didnt want to read and run but although as the Aussie, I was living overseas when I sponsored my oh, the circumstances were different. Maybe running this past a registered agent would be the way to go, there are a couple who post on PIO that I would be happy to use. or someone else may come along with the answers. All the best Link to comment Share on other sites More sharing options...
bma Posted August 2, 2012 Share Posted August 2, 2012 Hi Ged, yes, unfortunately you do have to be usually resident in order to be able to sponsor your partner. Different countries have different criteria about this "usually resident" condition; a lot of times I've read that for UK applicant it was enough just demonstrating the intent of moving to Australia: providing a one way ticket, printed enquiries about renting a place, etc... But in general "usually resident" means you're living in Australia, having a car, a place to live, a job... Good luck! Link to comment Share on other sites More sharing options...
wrussell Posted August 2, 2012 Share Posted August 2, 2012 Hello all, I know this is a bit of an essay, but hoping someone can perhaps help! :biggrin: Thought I had everything planned out but have just read a doc on the immi.gov.au website that's made us a bit worried :unsure: The scenario is this; * I have been with my girlfriend (in a genuine, continuing relationship) since February 2010 * We left for Australia on a 1 year working holiday visa in April 2011 * In May 2011 (having received a positive skills assessment), I applied for PR (my partner was included) * In December 2011 (after all medicals etc had been completed), the DIAC advised that we had not satisfied the relationship requirement (as we'd only actually lived together for 10 months at the time of application), therefore my partner provided written withdrawal). * My residency was granted in March 2012 (following a trip to New Zealand, returning to Australia as a resident a few days later). * In April 2012 we both came back to UK (as my girlfriend's WHV was up and we didn't want to be apart) * The plan was then to live together here in the UK to get the extra evidence we need (which we've got now having been living together in Oz/UK for a further 14 months on top of the existing 10). My partner is English, has a degree, no kids, no criminal record and is 25 so I don't think there's any issues on that side, the question surrounds my eligibility as a sponsor... After the permanent residency visa was granted, I stayed in Australia for about 4 weeks before departing back to UK (due to partner's WHV being about to expire). We're now wanting to apply for the Partner (Temporary and Permanent) (subclass 309 and 100) visas and everything looks fine, apart from a line on P16 of the 'Partner Migration booklet'; "If you are an Australian permanent resident or eligible New Zealand citizen, you are required to be usually resident in Australia." ...nothing of this kind appears to be mentioned anywhere else. As it stands though, I am NOT usually resident in Australia (as I don't want to be without my partner!). Will I need to go to Australia alone and live there for awhile before I can sponsor her? Is there a set amount of time you have to be a resident for before you are allowed to sponsor? If anyone has any experience/advice of a similar scenario I'd be very much appreciative if you could share! Thanks in advance fellow Poms in Oz Ged (A Pom not yet in Oz!) If you had been properly advised in the first place you would not have a problem. May I suggest you consult a registered migration agent for advice about the visa strategies open to you? Link to comment Share on other sites More sharing options...
Rapged Posted August 2, 2012 Author Share Posted August 2, 2012 Thanks Bma, I actually contacted the Australian High Commision in London about it and they said the usually resident part is used fairly loosely and so long as you can demonstrate your intent to move and live in Oz permanently (and obviously relationship stuff is all OK ec), we won't have any problems. In case this helps others in future, they sent me the following in relation to this constraint; A sponsor who is an Australian permanent resident is defined in Australian Migration regulations as a non citizen who, being ‘usually resident’ in Australia is the holder of a permanent visa. 'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support yourself and any eligible dependent family members. As a matter of policy, generous interpretation is usually supported, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to your sponsor’s 'firm intention to reside' in Australia. Link to comment Share on other sites More sharing options...
bma Posted August 3, 2012 Share Posted August 3, 2012 Thanks Bma, I actually contacted the Australian High Commision in London about it and they said the usually resident part is used fairly loosely and so long as you can demonstrate your intent to move and live in Oz permanently (and obviously relationship stuff is all OK ec), we won't have any problems. In case this helps others in future, they sent me the following in relation to this constraint; A sponsor who is an Australian permanent resident is defined in Australian Migration regulations as a non citizen who, being ‘usually resident’ in Australia is the holder of a permanent visa. 'Usually resident' is not defined in migration legislation, although the policy intent was for it to provide a test of the sponsors commitment to Australia and capacity to support yourself and any eligible dependent family members. As a matter of policy, generous interpretation is usually supported, particularly given the increasing impact globalisation has on where people choose temporarily to live and work. Therefore in the absence of periods of long term residence in Australia, weight may be accorded to your sponsor’s 'firm intention to reside' in Australia. That's an awesome reply, Ged. My partner and I had the same problem, but we contacted a registered migration agent just to be sure and this migration agent wrongly advised us not to lodge a 309 offshore partner visa application. And now we're stuck in a 820 queue, we would have had a 309 partner visa ages ago... All the best with your application! Link to comment Share on other sites More sharing options...
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