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Partner visa(820) with a partner with disabilities

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Here’s the situation, It has been around 14 months since I ve made the onshore partner visa(820) application BvA and since we moved together in Melbourne and due to my partner’s disabilities/needs and the whole pandemic finding work has not been our priority, especially because I wasn’t aware of the extend of his disabilities until we started living together.

After many years of medical issues he finally found out that many of his issues were caused by fibromyalgia which is good news since we finally can explain many of his medical issues and find actual treatments that work, he has been improving in that area lately through exercise and a more balanced schedule and has been talking to an disability employment agency hoping to maybe finding casual work soon. 
Though another issue is his paranoia which does have mild schizophrenic symptoms like auditory and visual hallucinations(seeing a figure at the corner of your eye in the kitchen, hearing someone walking behind him etc) which specifically happen (some times) when he is alone which finally explains why he never liked living completely alone, this is a thing that again he only recently explained, it can be hard to get him to talk about those things sometimes.

Anyway the issue is that because I wasn’t aware of either, in our initial statements for my visa application I mostly focused on saying how my presence helps him a lot mentally and in reality it helps both of us, and I also wrote how the plan would be to find jobs sooner or later after moving together in Melbourne, this sadly hasn’t happened due to finding out the extend of his disabilities and mental needs and the pandemic making things harder too.

 

I worked as a 2nd officer in the merchant navy in the past so I had a decent amount of savings but those are long gone after paying the pretty high visa and agent fees so at the moment we live with his Disp payments, it isnt hard since neither of us care a lot about luxuries and I always cook homemade food so budgeting is pretty easy but savings are limited to 2-3k but slowly rising.

 

My concern is about the department’s visa decision since my agent told me they mainly care about 2 things, that the relationship is genuine and that we can live financially ok, my worry is the latter part since living with just his disp probably looks bad so I would like to ask for your opinions in two areas.

 

1) Do you think it would be a good idea to send his diagnosis(once he gets the ) of the above to the agent to upload to immigration as proof and explanation about why my daily presence around him is important and the main reason i haven’t focused on finding a job?

 

2) Because I am worried that due to lack of work they might outright refuse the visa with no interviews or chances to explain our situation should I just abandon everything and just try to find some form of work in order to guarantee that the visa won’t be refused? Because for both of us a refusal of the visa would be the worst possible scenario.

 

I do have an agent but sadly the one I was assigned to doesn’t seem as helpful so I would like your opinions, I know you cannot know for certain but would like to hear your opinions or experiences, especially if you know any similar cases with disabled partners.

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2 hours ago, Questionsearch said:

My concern is about the department’s visa decision since my agent told me they mainly care about 2 things, that the relationship is genuine and that we can live financially ok, my worry is the latter part since living with just his disp probably looks bad so I would like to ask for your opinions in two areas.

There is no such financial requirement for a partner visa. 

  • Like 1

Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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5 hours ago, Raul Senise said:

There is no such financial requirement for a partner visa.  

It might not be there officially, maybe I didnt type it clearly enough, my immigration agent said before making the application a year ago that the department when checking our case would mainly care about 2 areas:

-That the relationship is genuine, which I believe our detailed statements, history and the fact that we ve been living together for more than a year now should make it clear (Though I am not sure if they know that fully since we havent uploaded things like bank statements since we made the application and from their perspective they just see 2 partners moving to Melbourne and not much else outside of backround checks from their side.)

-That we are able to live and be safe financially, i dont remember the exact wording but I assumed it meant that you are meant to have a steady source  of income and some savings so an emergency doesnt send you on the streets and it makes sense to a degree, cant really approve someone who is barely surviving since one accident/emergency could ruin them financially.

 

I would argue that with our quiet and cheap lifestyle we are more than safe financially and being able to get through the pandemic easily proves it but my view isnt really important here, what matters is how the department officers view it and I wouldnt be surprised if they view it in a negative way since living only with my partner's Dsp(disability support pension) has quite a bit of stigma on it and they might also believe someone needs to have a job to be financially stable and a decent amount of savings, maybe around 10k

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3 hours ago, Questionsearch said:

It might not be there officially, maybe I didnt type it clearly enough, my immigration agent said before making the application a year ago that the department when checking our case would mainly care about 2 areas:

-That the relationship is genuine, which I believe our detailed statements, history and the fact that we ve been living together for more than a year now should make it clear (Though I am not sure if they know that fully since we havent uploaded things like bank statements since we made the application and from their perspective they just see 2 partners moving to Melbourne and not much else outside of backround checks from their side.

I wonder if you're misunderstanding or misheard what the agent said.

The department is looking for evidence of SHARED finances, not SAFE finances. They want to see that you are both contributing financially to your shared life together, rather than running your finances separately like single people.   In your case, the fact that your partner is willing to support you, or that you paid for other expenses on his behalf in the past, is all good evidence that you are willing to support each other. 

Such evidence is a very important part of proving that you are a genuine couple, and not just two people living together for convenience.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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1 hour ago, Marisawright said:

I wonder if you're misunderstanding or misheard what the agent said.

 The department is looking for evidence of SHARED finances, not SAFE finances. They want to see that you are both contributing financially to your shared life together, rather than running your finances separately like single people.

I am pretty certain they were talking about the future aka the period after the application when the department officers check our case and not before unless you somehow already lived together in a previous country.

 

I remember the specific requirement for shared finances BEFORE making the application, it was pretty complicated because in our case we decided to be together after my second vacation together here(was on a tourist visa at the time) so our only shared finances were hotel bills, shopping and food really. Only AFTER we made the application we moved together and started living together full time but the only evidence the department has is our rent agreement, this discussion makes me think that we should give our bank statement for the last year as further proof that we live together but I am a little bit hesitant since like I said I do worry that living with my partner’s dsp ‘could ‘look bad’ in their eyes 

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1 hour ago, Questionsearch said:

I am pretty certain they were talking about the future aka the period after the application when the department officers check our case and not before unless you somehow already lived together in a previous country.

 

I remember the specific requirement for shared finances BEFORE making the application, it was pretty complicated because in our case we decided to be together after my second vacation together here(was on a tourist visa at the time) so our only shared finances were hotel bills, shopping and food really. Only AFTER we made the application we moved together and started living together full time but the only evidence the department has is our rent agreement, this discussion makes me think that we should give our bank statement for the last year as further proof that we live together but I am a little bit hesitant since like I said I do worry that living with my partner’s dsp ‘could ‘look bad’ in their eyes 

I think you continue to misunderstand... you need to meet the grant criteria of the visa before you lodge the application not afterwards. As mentioned there is no financial requirement for a partner visa in Australia, unlike many countries. I would suggest that, assuming your ‘agent’ is a Registered Migration Agent, you speak with them again and if they are not you consult someone who is to see if your application is sound or can be made so. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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2 hours ago, Questionsearch said:

I remember the specific requirement for shared finances BEFORE making the application, it was pretty complicated because in our case we decided to be together after my second vacation together here(was on a tourist visa at the time) so our only shared finances were hotel bills, shopping and food really. Only AFTER we made the application we moved together and started living together full time 

Oh dear, it sounds like you wasted your application fee.

You must meet the definition of "de facto"  BEFORE you submit your application.  

When they are ready to process your application, they will look at the date you submitted it, and they will expect to see solid proof you were in a de facto relationship  for one full year before that date.  They'll check your evidence for the time after that, but only to be sure you are still together.  It's the year before your application date that really counts. 

Unfortunately, there are some unprofessional agents out there, and I think yours was one.

 

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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1 minute ago, Marisawright said:

Oh dear, it sounds like you wasted your application fee.

You must meet the definition of "de facto"  BEFORE you submit your application.  

When they are ready to process your application, they will look at the date you submitted it, and they will expect to see solid proof you were in a de facto relationship  for one full year before that date.  They'll check your evidence for the time after that, but only to be sure you are still together.  It's the year before your application date that really counts. 

Unfortunately, there are some unprofessional agents out there, and I think yours was one.

 

Yeah I actually remember this being a big issue for many agencies but after some research I remember finding cases where it was possible to apply if you had enough evidence that shows the relationship is genuine without the 1 year requirement(we knew each other online for many years but only then did we decide to be together). That requirement was a little absurd since unless he moved to Europe with me there would be no way to live together for a year together. 

I assume big agencies like Australian migration agency wouldn’t just outright lie since they also looked to be more reputable and experienced with all types of cases and they did tell me that it is possible without the 1 year rule though it definitely makes things harder.

 

We were also advised that we can submit more evidence after the application was lodged, things like extra 888 statements, joint bank account info, work documents and I assume bank statements would work as well to add to the proof that we are genuinely together.

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Just had to google it again to confirm
"If you haven't been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply". For example:

  • provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or
  • explain any compelling and compassionate circumstances exist to grant the visa"

 

Maybe it was my mistake for forgetting to mention it, but we are married (in Qld) and in our statements we did include the importance of being together for mental reasons and his disabilities which I would assume counts as compelling and compassionate reason.

Edited by Questionsearch

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16 minutes ago, Questionsearch said:

Just had to google it again to confirm
"If you haven't been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply". For example:

  • provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or
  • explain any compelling and compassionate circumstances exist to grant the visa"

 

Maybe it was my mistake for forgetting to mention it, but we are married (in Qld) and in our statements we did include the importance of being together for mental reasons and his disabilities which I would assume counts as compelling and compassionate reason.

You didn't mention you were married, that does make a difference.  However the onus is still on you to provide evidence of a genuinely shared life, so I suggest you get on with uploading things like bank statements asap.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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