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Partner Visa HELP!


Guest ellynandpaul

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Guest ellynandpaul
Posted

Hey guys!

 

We have recently joined the forum and need some help with our Visa application!

 

Paul and I met in 2009 while i was living in Australia- I was born in England but immigrated there when I was 4 with my family. Anyway to cut a long story short, Paul was on a working/holiday Visa and had to come home in December 2009. I decided to make the big move over to live with him and arrived not long after in February 2010. We have since become engaged and are ultra happy- especially since deciding that we'd like to marry and have our future back in Australia! ( i miss my family over there sooo much )

 

We have looked into the Visas and figure that the Partner Visa is the best to go for- but we have a few little questions. Am I eligable to be his Sponsor because I currently live and work in the UK with him? I can't put down on the forms that I have employment in Australia in order to support him as we wish to return at the same time. Do you think this will be any trouble at all?

 

Do these Visas get granted a lot easier and quicker if we go back to Australia first? Or is it best to do it while he is still in the UK? We couldnt bare the thought of going home then finding out he can't have a Visa and he has to come back again.

 

Thanks everyone! Hope you guys can give us a bit of advice on this- it's so confusing and stressful!!

 

Happy New Year :hug:

 

 

Ellyn x

Posted

Being overseas with your partner won't present an issue with your application - this is a very common scenario. My partner is the Aussie in the relationship and has been with me in the UK for the last ten years (we also primarily rely on my income as she only works part time) - this wasn't questioned.

 

What is your own immigration status? Presumably you're a dual-citizen with both Australian and UK passports?

 

Also, when do you plan to get married? I ask this because the partner visa would normally require that you've been living together for 12 month OR are married to demonstrate commitment to the relationship.

 

So you either need to marry in the UK then apply for a spouse visa or use a Prospective Marriage Visa for his entry into Australia, then apply onshore for the spouse visa. I wouldn't recommend that he travels to Australia on a tourist visa then applies for a spouse visa - as this involves lying to immigration.

Guest ellynandpaul
Posted

Thanks for a speedy reply!!

 

My immigration status- I have dual citizenship, yes! I count myself very lucky to do so. We have been living together in the UK for 12 months in February so hopefully this will be okay. We plan on getting married in 2012 in my home town of Adelaide S.A.- haven't made any official plans as yet- obviously, but we've been looking at places and prices to do so in the hills etc.

 

So it is still okay for me to be his sponsor when I don't have current employment within Australia? My mum and two friends (from Australia) have filled in the supporting documents to use as evidence in the application and have all stated they will support us in any way possible. How much more do we need to support the application? We don't have many utility bills because we privately rent from Paul's brother and everything is in his name. We have photographs from the past 18 months and a few emails passed back and forth when I was still in Australia and Paul was here in the UK- will they help?

 

This is such a nerve racking thing to do! But we can't wait to get back home :)

 

Thanks again! :notworthy:

Posted

As I say, not having a job in Australia will not cause you a problem being his sponsor.

 

Have you read the partner migration guide? :: 1127.pdf (application/pdf Object) (you need to read it cover to cover and back to front!).

 

Photographs and emails aren't considered strong evidence (as they don't prove a whole lot). Ideally, the case officer will look for a piece of evidence of you living together for each of the 12 months preceding your application. This can be bills addressed to you individually, but at the same address or joint accounts (for example your seperate bank statements or utility bills).

 

I'd also suggest opening a joint current account if you haven't done so already and consider making out wills - as these are both considered strong evidence. A council tax bill with both your names on it is also good to supply. If you've kept the envelopes (especially those which have a dated post mark) cards or invitations addressed to both of you are also good.

 

Here is what I supplied for my own partner visa application ::

 

Certified (some by a magistrate/some by a local solicitor)

 

 

  • Confirmation of Death in Service payment from my partner to me
  • Confirmation of Death in Service payment from my me to partner
  • Partner's car insurance with me as named driver
  • My car insurance partner as named driver
  • Joint mortgage offer
  • Remortgage correspondence from conveyancing solicitor
  • First joint bank statement
  • Council Tax bill from 2008
  • Mine, my partner's and son's passport & birth certs

 

 

Uncertified

 

 

  • Numerous travel and holiday itineraries going back to 2002
  • Invoice from nursery addressed to both of us
  • Amex statement showing partner's supplementary card on my account
  • Stat decs (Our's, Both mums, A friend).
  • Personal statement from me about my criminal record
  • 3 x Character Refs from Friends saying i'm upstanding and no longer a crim!
  • Partner's employer reference, job profile and a recent p60

 

Posted
Thanks for a speedy reply!!

 

My immigration status- I have dual citizenship, yes! I count myself very lucky to do so. We have been living together in the UK for 12 months in February so hopefully this will be okay. We plan on getting married in 2012 in my home town of Adelaide S.A.- haven't made any official plans as yet- obviously, but we've been looking at places and prices to do so in the hills etc.

 

So it is still okay for me to be his sponsor when I don't have current employment within Australia? My mum and two friends (from Australia) have filled in the supporting documents to use as evidence in the application and have all stated they will support us in any way possible. How much more do we need to support the application? We don't have many utility bills because we privately rent from Paul's brother and everything is in his name. We have photographs from the past 18 months and a few emails passed back and forth when I was still in Australia and Paul was here in the UK- will they help?

 

This is such a nerve racking thing to do! But we can't wait to get back home :)

 

Thanks again! :notworthy:

 

 

Just make sure you do not lodge your application before completing that year in Febraury, DIAC are strict on the 12 months.

 

I agree that photos and emails are not very good evidence at all without proof of address. You might not have utility bills but you must have received some official letters at the joint address, bank statements, even if separate ones at the same address over the same time period. Also you must have been paying the council tax so your payment book would be good evidence.

 

Few people applying for the partner visa from overseas are going to have employment in Australia, don't worry about that one.

Guest ellynandpaul
Posted
Just make sure you do not lodge your application before completing that year in Febraury, DIAC are strict on the 12 months.

 

I agree that photos and emails are not very good evidence at all without proof of address. You might not have utility bills but you must have received some official letters at the joint address, bank statements, even if separate ones at the same address over the same time period. Also you must have been paying the council tax so your payment book would be good evidence.

 

Few people applying for the partner visa from overseas are going to have employment in Australia, don't worry about that one.

 

we only lodge from his older brother so don't pay any council tax. our names arent down for that at all. we are already looking at a will together or maybe something like a life insurance policy?

 

thanks for all the help everyone :) the more information and opinions the better! :yes:

Posted
we only lodge from his older brother so don't pay any council tax. our names arent down for that at all. we are already looking at a will together or maybe something like a life insurance policy?

 

thanks for all the help everyone :) the more information and opinions the better! :yes:

 

The trouble with a will or life insurance, is that it is going to be abundantly obvious that you have taken it out just before you lodge a visa application. In 12 months, have you not had a single letter to the shared address?

Guest ellynandpaul
Posted

ah this is true. didnt think of it like that.

 

oh we have plenty of letters to use, but just wondered if we'd need anything more official like a Council Tax bill... and since we dont have one of those..lol

Posted

What Pumpkin says is true, but part of the reason for evidence is to demonstrate an ongoing commitment. So regardless of when you set up the joint account / wills / life assurances, it counts towards the overall weight of your evidence through legally binding documentation.

Posted
ah this is true. didnt think of it like that.

 

oh we have plenty of letters to use, but just wondered if we'd need anything more official like a Council Tax bill... and since we dont have one of those..lol

 

It would certainly be better if it is something officia, a council tax bill is one example, a credit card / bank statement is another. Also there was a general election last year, I am sure we were asked to confirm who was in the house for updating electoral roll, did you not have to do this?

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