Concerned mother ... Partner visa

[blossom]

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.

 

True. If she has over stayed her visa then this would be an issue. It is possible while here to change to a tourist visa though. Probably another reason to drag them to an agent to get a picture of the real situation not the polished one.

[ali]

I think everyone seems to be supporting your own instincts. We're all very wary of the details given and to be honest - so will DIAIC - they've going to be very cautious over the chronology of events and I think a little suspicious, so despite being married there may be a chance that she won't be granted any visa and she and your son need to plan for that eventuality too.

 

I would be saying they're on their own (financially) with this one, this is the course they're plotting and they need to be adult enough to fund it themselves. I wouldn't be parting with any cash and certainly not $5,000

[Skani]

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

 

So....???? He gets a passport.

[AJ]

be a lot cheaper than $5000 for him to get a passport!

[Sammy1]

Don't give him the money. He is an adult and so is his 'wife'.

 

If there is an option for him to go to the UK for a year - then he should do it.

 

Seriously, if the wife is not interested in going back to the UK with him then it just screams marriage of convenience to me and not love.

 

DIAC will be suspicious and probably rightly so.

[Melbkitty]

Perhaps the OP is worried about losing her Son to the UK ...a 'year' can turn into much longer! I would be offering to help out if her family can do the same... or look at a loan from the bank. Whirlwind romances can & do last, whatever the circumstances they stemmed from. I wouldn't be handing over a full $5k - if they think they are adult enough to get married they are adult enough to get the funds together .

[Guest]

So....???? He gets a passport.

 

I think she means a British passport - so he can't live/work in the UK without a visa either. It depends how old he is whether he could get a working holiday visa for the UK.

 

Otherwise it would be almost impossible - it's harder for an Australian to migrate to the UK than vice versa.

[Killara]

I think she means a British passport - so he can't live/work in the UK without a visa either. It depends how old he is whether he could get a working holiday visa for the UK.

Otherwise it would be almost impossible - it's harder for an Australian to migrate to the UK than vice versa.

 

As the non-EU spouse of a UK citizen, he has the right to live and work in any EU country other than the UK if his wife, the UK citizen, wishes to move to that EU country to work or to look for work. So even if he could not get a British passport, with an Australian passport and his UK wife, they could go elsewhere in the EU - for example to Ireland.

 

As others have said, New Zealand might also be a possibility.

 

I agree with what nearly everyone had been saying here, that the newly weds should be paying for this themselves. But, if financial help is to be given, why is the wife's family not helping out? If they are asking you for $5000, you have the right to know much more than you do. As others have recommended, I think the best thing to do would be for you, and the newly weds, to go see a registered migration agent and the wife should bring all of her documents from her various visa applications so that the migration agent can review these and advise you on the prospects of a successful partner visa application for your son and his wife.

 

Another thing to consider: this prospective partner visa application, if they apply for it, it is certainly going to come under very close scrutiny from the Department - to test it for being a genuine spousal relationship. They are going to need a lot of proof of it being genuine. Almost certainly they will be asking you to complete a Statutory Declaration for you to declare that you believe the relationship to be genuine and why you believe that the relationship is genuine. For you to be able to do that, honestly, they really should be making a huge effort to convince you of the genuineness of their relationship and part of this would be by being very open with you about this girl, her previous relationship, and why it is not the marriage of convenience that it looks like... because I don't think you are convinced yet that this is a genuine relationship, and I think your son and his wife should be addressing this with you rather than asking you to finance the basis for a further stay for this girl, for whatever length it may turn out to be.

 

On this last point, while some onshore partner visas applications are taking up to 13 months to process, this application could process much more quickly. The department could quickly take the view that this is not a genuine application and seek evidence very early on. If they are not convinced by that, they could simply reject the visa. Your son and his wife would probably be then asking you to fund an appeal to the Migration Review Tribunal - so that the wife can stay in Australia pending the outcome of that. How far are you prepared to fund them?

 

I think you can see that this will not be an easy application. Because of your daughter-in-law's (I guess I can call her that?) previous relationship, immigration history, and the perception that this is a marriage of convenience, it really is essential that you all get some good advice from a registered migration agent who can advise on the prospects of a successful application. Otherwise there is a very high likelihood of a visa refusal and then they will be asking you to fund an appeal. So it is not just the $5000 that they are asking for, there are going to be more fees - I would recommend employing a migration agent for day 1, rather than you all wishing that an agent had been used if the visa is refused and your son and his wife then want to appeal.