Concerned mother ... Partner visa

[Judyy]

Hello everyone please help me

 

my son has just asked me for almost $5000 to apply for a partner visa with his British girlfriend before I hand the money over I need some advice as I don't know much about immigration

 

heres what I do know

 

my sons girlfriend has been in australia for a few years first in a working holiday visa for two years then wait for it she applied for a partner visa with her previous boyfriend..... The visa got accepted but was then cancelled as their relationship broke down 6 months before she was eligible for permanent residency..

 

She he applied I think for a holiday visa after this cancellation and was allowed to stay here for 28 days where she moved in with my son!! The 28 days ran out and as far as I'm aware she got a 3 month holiday visa! She's not allowed to work! Just before the 3 months ran out my son informs me they got married!!!!! Talk about whirlwind romance she is now on another holiday visa for 28 days in which they wish to apply for a partner visa!!!

 

My my son is smitten with this girl bit I don't want to hand the money over of immigration will refuse this application it's a lot to loose and I don't know what to do. From what iv researched they only got married to waive the 12 month living together rule and she is obviously aware that the average processing time takes a year as she's done the whole process before!

 

Anyhelp will be much appreciated

[Guest]

If I'm reading this right they have only been together 4-5 months so despite being married I think they may have difficulty meeting the requirements of the Partner Visa

 

 

 

1. History of your relationship
   You and your partner must each provide a statement regarding the history of your relationship, including:
    
   
   • how, when and where you first met;
      
     
   • how your relationship developed;
      
     
   • when you decided to marry or commence a de facto partner relationship;
      
     
   • your domestic arrangements – how you support each other financially, physically and emotionallyand when this level of commitment began;
      
     
   • any periods of separation – when and why the separation occurred, for how long and how youmaintained your relationship during the period of separation; and
      
     
   • your future plans.
     The statements written by you and your partner can be on ordinary writing paper or a statutorydeclaration form may be used. Each statement or statutory declaration must be signed and dated by theauthor. For details on who can witness statutory declarations, see page 28.
     Evidence of your relationship
     There are 4 broad categories of evidence that you need to provide:
      
     

 

 

 

• financial aspects;
   
  
• the nature of the household;
   
  
• social context of the relationship; and
   
  
• the nature of your commitment to each other.
  All relationships are different, so you should provide as much evidence as you can that you believe willsupport your claims.
   
  Source: http://www.immi.gov.au/allforms/booklets/1127.pdf
   
  My completely unfounded opinion is the longevity of the relationship and the previous history would make it difficult to pass this.
   
  I can see that it would be very tricky as you would want to support your son (even if you aren't entirely happy with his decisions in this case) so I would invest a little money in a consultation all together with a migration agent. That way you are supporting him & if the agent says thee is a good chance then you can go ahead but if they say otherwise then it is a practical rather than emotional decision that is being made.
   
  From your son's point of view the answer may be to go to the UK/Europe with his wife for a period (if he could qualify for a working holiday visa in the UK/Europe) and that way be with the girl he has fallen for and build up their relationship picture for a future Partner Visa application in Australia.
   
  

 

 

 

 

[Guest]

Just re-read your post and I notice you refer to his wife as his girlfriend - I really feel for you, this is a lot to get your head around so just to add, my husband proposed after we had been together 6 weeks and this year we will be celebrating our silver wedding. I had just come out of a 3 year relationship when we met and had been engaged before that but after 6 weeks we both 'knew' this was it

[Que Sera Sera]

Love can and does happen this quickly but why do you have to give him the money for His wife's visa? Presumably if he is old enough to get married he's old enough to support himself and a wife! It shouldn't be anything to do with you he should be dealing with all this it should not be your problem.I'd say cut the apron strings.

[Judyy]

Thank you for all your replies.... Yes it is a difficult situation. I just can't see how they can issue a second partner visa to someone that's all... I guess I need to cut the apron strings and see how it goes!

[lebourvellec]

I doubt that she has had all these holiday visas. Once her first partner visa was cancelled she would have had 28 days to leave the country - she may have managed to get a visitors visa after (??), I reckon that she has over stayed that 3 month visa therefore has the 28 days again to leave Australia - with a partner visa being one of the limited visas she can apply for onshore.

 

its your money - but I think that they should be speaking to a registered migration agent to see if there application has a hope.

 

But I agree with the above - this partner visa fee is their responsibility, they are a married couple now so it's up to them to sort it out. If that means going else where to build up the relationship evidence or her returning to the UK and applying for the offshore partner visa which is $1500 less than the onshore visa.

[Guest]

Agree with the above.

 

Discuss this with a reputable migration agent to see if they have a hope of this visa.

 

I'm also of the school of thought that they should be funding this themselves, not you paying for it.

 

Did I miss somewhere, but what visa is your son actually on? How long has he been in Aus?

[lebourvellec]

Agree with the above.

 

Discuss this with a reputable migration agent to see if they have a hope of this visa.

 

I'm also of the school of thought that they should be funding this themselves, not you paying for it.

 

Did I miss somewhere, but what visa is your son actually on? How long has he been in Aus?

I think the op son is an Australian Citizen.

[Guest]

I'd also be wary re the timescales if I've understood them right. The girlfriend's previous relationship ended and within 28 days she had moved in with your son and

within 2 months of that they were married? It just seems rather convenient for her this happens so quickly when she otherwise would have to leave Australia. I'd wonder if it's Aus or your son she is really wanting in the longer term but then I am a bit cynical there. On the other hand she/they may be genuine and live happy ever after. Either way, they should find the funds themselves I reckon.

[Judyy]

Yes I am a little cynical to as it all happened very quickly .... I agree they should fund the application themselves, however I'm guessing they are on a tight timescale as I assume her holiday visa is due to expire soon! And with her being unable to work and my son being young they simply don't have the funds.... I'm guessing that's why he asked mum here!?

[MaggieMay24]

As a mother, I have to question the genuine nature of her feelings for him if she's fallen off one partner visa and 'conveniently' found your son to sponsor her for a new one. I also have my doubts as to how well a new partner application will do when she's only been in a relationship with him for a few months, quickly gotten married and a looming visa expiry date.

 

Not an easy position for you to be in, but if they're adult enough to get married then they're adult enough to be able to fund their own immigration. So I wouldn't give them any financial assistance with what I think would be an unsuccessful visa application.

[MaggieMay24]

Yes I am a little cynical to as it all happened very quickly .... I agree they should fund the application themselves, however I'm guessing they are on a tight timescale as I assume her holiday visa is due to expire soon! And with her being unable to work and my son being young they simply don't have the funds.... I'm guessing that's why he asked mum here!?

 

I know this is harsh, but they should have thought of this before rashly deciding to get married. Maybe it would have been better for her to return to her home country and both save up for an eventual Prospective Marriage Visa. They're turning they're problem into yours, which isn't fair to you.

[Guest]

I know this is harsh, but they should have thought of this before rashly deciding to get married. Maybe it would have been better for her to return to her home country and both save up for an eventual Prospective Marriage Visa. They're turning they're problem into yours, which isn't fair to you.

 

I'm with you. This would have been a sensible option all round as there would have been time to save for the PMV and so on. Yes, off shore but in the longer term a far more sensible option.

[lucerad]

WOW... sounds a bit dodgy to me... from what you've said it sounds like she might just be with him for the visa... BE CAREFUL!

 

DIAC are VERY strict on this and they can spot a 'fake' relationship a mile away. Even if they are married, they still have to prove A LOT.

 

My advice is (and your son will not like it), perhaps maybe she asks her family? Or maybe she goes home for a while to work and gather the funds for herself. I can't imagine how difficult a situation it must be for you, but $5,000 is A LOT of money to spend on someone you hardly know. The fact she had a visa cancelled doesn't bode well.

[Judyy]

She is a nice enough girl but I just don't trust her yet... After they got married I invited them over to discuss the future. I asked how this visa worked and the process etc... She told me when they send the application off she gets automatic work rights once the visa has been acknowledged and it takes 12 months to process so she's guaranteed to be here for a year atleast? Can anyone clarify that?? I asked if there was an option to go back to the uk and she said there is but as my son don't have a passport it's something they haven't considered and won't look into as they don't want to be apart!!

[MaggieMay24]

She told me when they send the application off she gets automatic work rights once the visa has been acknowledged and it takes 12 months to process so she's guaranteed to be here for a year atleast?

 

Not exactly long-term planning. Once a valid visa application is lodged, she will be given a Bridging Visa A which typically comes with full work rights. These only take effect when her current visa expires. A lot of people find it hard to find a job on a BVA since employers know it's not a permanent visa, so having work rights doesn't mean she'll be able to find work. An on-shore partner visa typically takes about 13 months to process, although it's possible a decision may be made earlier either in their favour or not.

 

Is she from the UK? Isn't there a similar working holiday visa for Australian young adults <31 to spend a year in the UK on a working visa? If he qualified, maybe they should consider that for a short-term plan. If they spent a year in the UK, they could build up more time together (and more evidence of their genuine relationship) which would give a partner visa more likelihood of success and they wouldn't have to be apart. The off-shore visa takes a bit less time, although still about 9 months. It would also give them more time to learn to stand on their own two feet instead of relying so heavily on you.

[Guest]

She is a nice enough girl but I just don't trust her yet... After they got married I invited them over to discuss the future. I asked how this visa worked and the process etc... She told me when they send the application off she gets automatic work rights once the visa has been acknowledged and it takes 12 months to process so she's guaranteed to be here for a year atleast? Can anyone clarify that?? I asked if there was an option to go back to the uk and she said there is but as my son don't have a passport it's something they haven't considered and won't look into as they don't want to be apart!!

 

Your son getting a UK passport (if he has UK citizenship) is a much cheaper option than $5000 for a partner visa. And they could return to the UK to live for a year or so then apply from there and return once it is granted.

 

If she is being quick to shoot down any other option without considering and researching fully, I really would wonder if it wasn't just about getting the visa to stay in Aus.

[louisella]

I think Lady Rainicorn's advice about you all going to see an agent together is spot on. The timescales are dubious, I'm all for meeting someone and knowing they're the one however there's the additional element of the possibility this could just be to stay in the country. By getting independant advice all together, at least your son will feel supported. I do agree that they should be paying the fees, not you as this the route they've chosen to take

[Quoll]

One always likes to support ones kids but $5k is a lot of moolah - sorry, my alarm bells are clanging here! It would be much cheaper for your son to go to UK with get so they can establish the longevity of their relationship and then save up for the partner visa once they have all the evidence. Having just pulled the pin on a son who has lurched through one disastrous decision after another, I won't tell you that not enabling their bad decisions is easy, because it isn't, but sometimes you have yo be cruel to be kind. I wouldn't even be forking out for the agent either - old enough to get married, old enough to pay their way! Good luck, stay strong.

[blossom]

I agree, it sounds like there could be big problems with this visa.

 

Personally there is no way in hell I'd be lending, or giving money for them to do this. I totally agree with if they are old enough to get married they are old enough to sort their own finances out. Tell them to get a loan.

[bell123321]

If they are under 30 could they not go live in New Zealand for a bit, she could get a working holiday visa allowing her to work and save up for the visa herself, whilst your son could go over with her and that way they could spend a year or two together in New Zealand and then apply for a partner visa maybe? That way you don't need to give them $5k for a visa that may fall through due to them not being together that long? If you wanted to fund the visa you could do so after they have lived together for a year?

 

 

A difficult situation your son has put you in, wish you the best of luck with the outcome.

[ProudmuminUK]

Your son and his wife have put you in a difficult and unfair position. As a mum I know you want to help out, and hate seeing your son struggle, but I think I'd have to agree with the other posters that they need to fund this themselves or go to the UK for a period. If your son is young he'll enjoy the experience, and also get to meet her family. And on that note what about her family helping their daughter out? The other thing to think about is, if you do find the 5k, and the visa is rejected... will your son remember he still owes you a large sum of money or will he conveniently 'forget' particularly if his new wife disappears into the arms of another Aus citizen? She won't think about paying you back...

i hope you don't think my post too harsh, it's not meant to be, but this could get horribly messy, and as per earlier advice, a visit to a migration agent should be the way forward before any money is handed over.

I hope it all works out for you

[Wellers and Whitehead]

No way! If they are looking at a future together, which is why u get married...they will face up and downs..which they have to get through together.

He can get a passport I'm sure, go for a year out in the UK? Get to know her family and all that..see how that goes down...it will say a lot. If she isn't keen...well, it's speaks for itself.

[blossom]

If they are under 30 could they not go live in New Zealand for a bit, she could get a working holiday visa allowing her to work and save up for the visa herself, whilst your son could go over with her and that way they could spend a year or two together in New Zealand and then apply for a partner visa maybe? That way you don't need to give them $5k for a visa that may fall through due to them not being together that long? If you wanted to fund the visa you could do so after they have lived together for a year?

 

 

A difficult situation your son has put you in, wish you the best of luck with the outcome.

 

I would be suggesting this. What a great idea.

[lebourvellec]

I would be suggesting this. What a great idea.

But if she has overstayed her visitors visa - she will not get a visa for New Zealand. With the amount of time she has spent in Australia it is dubious that she has been granted all these visitors visas - especially this last one.

 

From being in one sponsored relationship and jumping in to another and getting married after only a short number of weeks, married or not this new application could have a high chance of failure as they still need to prove the relationship is genuine and continuing.

 

If they want to be together they will go anywhere to be together or her returning to UK to apply offshore.