acc0101 Posted August 3, 2018 Share Posted August 3, 2018 Hi all, We are going to apply 820 visa. My girlfriend granted her PR on 100 visa this March, 2018 . Her mother is the main applicant in 309/100 visa and my girlfriend is secondary with her sister. Is she eligible to be a sponsor or need to wait years?? i read sth about 5 years rule..and a bit confused When you may not be eligible You may not be able to sponsor your partner if any one of the following applies: you were sponsored for a partner visa as a partner yourself within the last five years Quote Link to comment Share on other sites More sharing options...
ali Posted August 3, 2018 Share Posted August 3, 2018 Do you meet the requirements of a defacto relationship? Quote Link to comment Share on other sites More sharing options...
acc0101 Posted August 3, 2018 Author Share Posted August 3, 2018 4 minutes ago, ali said: Do you meet the requirements of a defacto relationship? yup. living together over 15 months and live sharing Quote Link to comment Share on other sites More sharing options...
acc0101 Posted August 3, 2018 Author Share Posted August 3, 2018 If you have previously sponsored a partner or been sponsored as a partner Your partner’s visa application may be refused if you are affected by the following sponsorship limitations that are imposed if you: • • have sponsored another fiancé(e) or partner within the last 5 years; or • were sponsored as a fiancé(e) or partner " yourself " within the last 5 years. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 3, 2018 Share Posted August 3, 2018 Interesting that she can get PR as a dependent of her mother, whilst in a de facto relationship with you. I don't know if its an issue, but might be worth running that one past an agent Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 4, 2018 Share Posted August 4, 2018 19 minutes ago, Nemesis said: Interesting that she can get PR as a dependent of her mother, whilst in a de facto relationship with you. I don't know if its an issue, but might be worth running that one past an agent if a person is in spousal relationship (de facto or married) sh/e cannot be included as a secondary applicant. Presumably your de facto partner was not in a spousal relationship when her 309 was processed. If this is the case you are probably ok, but I suggest you consult a registered migration agent to be sure. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 4, 2018 Share Posted August 4, 2018 I don’t see how she can sponsor you anytime soon as she has only had PR a few months as a dependent. A dependent should not be in a de facto relationship. If they are in Australia now or moving soon consider a working holiday visa, this would allow you to work in Australia until you can legitimately apply for a partner visa, provided you meet all requirements. The consequences of not taking professional advice here could be costly! Quote Link to comment Share on other sites More sharing options...
acc0101 Posted August 4, 2018 Author Share Posted August 4, 2018 42 minutes ago, wrussell said: if a person is in spousal relationship (de facto or married) sh/e cannot be included as a secondary applicant. Presumably your de facto partner was not in a spousal relationship when her 309 was processed. If this is the case you are probably ok, but I suggest you consult a registered migration agent to be sure. Ok. i know what you guys mean now. how about we count our de facto starting date start from March this year after she got her PR, and we go to register a relationship to waive 12 months period ? Quote Link to comment Share on other sites More sharing options...
ali Posted August 4, 2018 Share Posted August 4, 2018 20 minutes ago, acc0101 said: Ok. i know what you guys mean now. how about we count our de facto starting date start from March this year after she got her PR, and we go to register a relationship to waive 12 months period ? Isn't that making a fraudulent application? ETA … speak to an agent. 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 4, 2018 Share Posted August 4, 2018 How about declaring your de facto relationship from when it actually started? If you do otherwise THEY are likely to throw your mother into a dungeon, kill your goats, eat your dogs and worse; pocket your $7k+ for dessert. All you have to do to find yourself up that well known creek is submit information that is in conflict with information already provided (or dug out by THEM) about a material particular that might have been (not was) taken into account . May I suggest that before you put your head in the lion's mouth, you consult one of the RMAs who posts on this forum? 4 Quote Link to comment Share on other sites More sharing options...
acc0101 Posted August 4, 2018 Author Share Posted August 4, 2018 9 minutes ago, ali said: Isn't that making a fraudulent application? ETA … speak to an agent. one of an agent advised me to get married with my gf ASAP.... Quote Link to comment Share on other sites More sharing options...
ali Posted August 4, 2018 Share Posted August 4, 2018 1 hour ago, acc0101 said: one of an agent advised me to get married with my gf ASAP.... Don't know how it works but they may very well look at your partners past PR application to see if that wasn't a fraudulent application, claiming to be a dependent whilst in a defacto relationship. I really do think you need to seek some professional advice - ensure that the migration agent is registered - I'm a little concerned about the advice you say you have received 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 4, 2018 Share Posted August 4, 2018 2 hours ago, acc0101 said: Ok. i know what you guys mean now. how about we count our de facto starting date start from March this year after she got her PR, and we go to register a relationship to waive 12 months period ? How about you tell the truth Quote Link to comment Share on other sites More sharing options...
acc0101 Posted August 4, 2018 Author Share Posted August 4, 2018 8 minutes ago, Tulip1 said: How about you tell the truth if it's no conflict........ Quote Link to comment Share on other sites More sharing options...
acc0101 Posted August 4, 2018 Author Share Posted August 4, 2018 3 hours ago, wrussell said: if a person is in spousal relationship (de facto or married) sh/e cannot be included as a secondary applicant. Presumably your de facto partner was not in a spousal relationship when her 309 was processed. If this is the case you are probably ok, but I suggest you consult a registered migration agent to be sure. Her 309 visa was processed 4 years ago. 100 was processed in 2016. and i met her in March 2017. Her 100 granted on March, 2018. Is that mean a dependent child (she is 25 now), CANNOT be married or being defacto when they are in AUS during 4 years waiting time ?!?! Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 4, 2018 Share Posted August 4, 2018 3 hours ago, acc0101 said: Her 309 visa was processed 4 years ago. 100 was processed in 2016. and i met her in March 2017. Her 100 granted on March, 2018. Is that mean a dependent child (she is 25 now), CANNOT be married or being defacto when they are in AUS during 4 years waiting time ?!?! You need professional advice - you've just been told that by an agent. When you appl;y for your own spouse visa you will need to answer questions about when the relationship started, how long have you been together etc and you will need to answer these truthfully. Other people's visas could also be impacted by your replies so get some good advice. 1 Quote Link to comment Share on other sites More sharing options...
Beffers Posted August 4, 2018 Share Posted August 4, 2018 17 hours ago, acc0101 said: Hi all, We are going to apply 820 visa. My girlfriend granted her PR on 100 visa this March, 2018 . Her mother is the main applicant in 309/100 visa and my girlfriend is secondary with her sister. Is she eligible to be a sponsor or need to wait years?? i read sth about 5 years rule..and a bit confused When you may not be eligible You may not be able to sponsor your partner if any one of the following applies: you were sponsored for a partner visa as a partner yourself within the last five years If your girlfriend was a dependent, then she can't be classed as de facto. Immigration will see right through this and even to the untrained eye, this just seems dodgy. If we can all see it, bet your bottom dollar Immigration will. Fraudulent application is really not worth it. Quote Link to comment Share on other sites More sharing options...
Beffers Posted August 4, 2018 Share Posted August 4, 2018 4 hours ago, acc0101 said: Her 309 visa was processed 4 years ago. 100 was processed in 2016. and i met her in March 2017. Her 100 granted on March, 2018. Is that mean a dependent child (she is 25 now), CANNOT be married or being defacto when they are in AUS during 4 years waiting time ?!?! So when you met her in Mach 2017, her 100 had not then been granted so she was on a 309 dependent at that time. Therefore the first date that you could be classed as defacto would be March 2018, after she got her PR and no longer classed as a dependent. Therefore, you have only been defacto since then, not long enough to sponsor you on a partner visa, if you claim defacto from March 2017, then she was processed fraudently on the 100, and that has bigger implications for her family surely? Whatever way you look at this, it's just dodgy. And you need to get a proper migration agent. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 4, 2018 Share Posted August 4, 2018 5 hours ago, acc0101 said: if it's no conflict........ You stated you've lived together for the last 15 months, that's what you need to tell them Quote Link to comment Share on other sites More sharing options...
Beffers Posted August 4, 2018 Share Posted August 4, 2018 12 minutes ago, Tulip1 said: You stated you've lived together for the last 15 months, that's what you need to tell them Providing that doesn't conflict with her being a dependent on someone else's visa? Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted August 4, 2018 Share Posted August 4, 2018 2 hours ago, Beffers said: Providing that doesn't conflict with her being a dependent on someone else's visa? No, you tell them how it is. If it conflicts and they didn't inform immigration they were in a relationship which they have to then they have problems Quote Link to comment Share on other sites More sharing options...
Beffers Posted August 4, 2018 Share Posted August 4, 2018 25 minutes ago, Tulip1 said: No, you tell them how it is. If it conflicts and they didn't inform immigration they were in a relationship which they have to then they have problems Good call. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 4, 2018 Share Posted August 4, 2018 (edited) Get advice from a registered agent. Westly Russell who has posted on this thread for example. You need professional advice not help from us well meaning but ultimately amateur forum members. Well worth spending money to save heartache and more dollars down the line. Seriously this is NOT a DIY application! No one can give you reliable advice without ALL the facts of your case and FULL knowledge of migration law, expect to pay for good advice it is worth it in the long run. Edited August 4, 2018 by rammygirl 3 Quote Link to comment Share on other sites More sharing options...
acc0101 Posted August 5, 2018 Author Share Posted August 5, 2018 (edited) 8 hours ago, rammygirl said: Get advice from a registered agent. Westly Russell who has posted on this thread for example. You need professional advice not help from us well meaning but ultimately amateur forum members. Well worth spending money to save heartache and more dollars down the line. Seriously this is NOT a DIY application! No one can give you reliable advice without ALL the facts of your case and FULL knowledge of migration law, expect to pay for good advice it is worth it in the long run. 1 i would have to do. Edited August 5, 2018 by acc0101 Quote Link to comment Share on other sites More sharing options...
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