k8bug79 Posted June 19, 2011 Share Posted June 19, 2011 Hello, I know this will be a rare situation but I am hoping someone may be able to help. I have posted something similar to this before but didn't get any answers but I have found something else that may offer some light at the end of the tunnel and I am hoping someone may be able to share their experience. I am married to an Australian Ctizen by Descent and we are hoping to file my visa for spouse in the new year. His Dad was an australian citizen and in the two years we have been planning to go it was the plan that my FIL and MIL would come with us with her on a spouses visa also. Sadly my FIL died last November, at first we felt that our plans would have to stop as my MIL would no longer be eligible for a spouses visa but looking at Immi website I have just found the following: Relationship In a married relationship, you and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner. See: Evidence of a Genuine and Continuing Relationship Note: Under certain circumstances, you may still be eligible to apply for and be granted, or continue to be an applicant for, a Partner visa in Australia if: your relationship breaks down and you and your partner have custodial rights under the Family Law Act 1975 for any children aged under 18 years that you and your partner may have your partner dies, and you can establish that, had your partner not died, the relationship would have continued and that you have developed close ties with Australia. Relevant info is in red, my understanding of this is that my MIL could be eligible to apply as long as she can prove that she has close ties with Australia and her plans had been to join us. Am I right? and if so how long could she wait before applying under this clause. Also how would she show her relationship to be continuing, in the same way as we would? Ie bank statements wills etc. There is no written evidence of our plans to go, as we only talked about it over the phone but I guess people could write a statement of the intention. Also she had never visited Australia, do you think this would be a major stumbling block? I guess any application of this nature would be on a case by case merit but does anyone have any experience of this? Thanks Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted June 19, 2011 Share Posted June 19, 2011 To be honest Kate you are asking a very specialised question, i think you should seriously consider consulting a specialist agent, to get the informed answer and to plan a route forward. Yours is a special situation that very few people would have dealt with. Link to comment Share on other sites More sharing options...
newjez Posted June 19, 2011 Share Posted June 19, 2011 Is your MIL your husbands mother? If so - he could probably sponser her himself I would have thought? Link to comment Share on other sites More sharing options...
k8bug79 Posted June 19, 2011 Author Share Posted June 19, 2011 Is your MIL your husbands mother? If so - he could probably sponser her himself I would have thought? Thanks SRP we probably would look at an agent when we came to actually filing, maybe we should ask the question now???? newjez, yes he could sponsor her but the visas open to her take years to process or costs $0000s which she doesn't have and as it was always her intention to come with us in a year or so it is sad that swould hae to stay behind ten years if this loop hole is open to us. May give an agent a call and suss it out.:confused: Link to comment Share on other sites More sharing options...
Guest WannaGoToOZ Posted June 19, 2011 Share Posted June 19, 2011 My understanding of that is that if you are in the process of applying, or if you are in the middle of the two stage 309/100 visa, and your partner dies mid application or before the permanent visa is finalized, then you may be able to continue your process. I don't think it means you can make an initial application for a visa that requires a sponsor if your sponsor is deceased. I agree with the people above me though that you should consult with an agent. George Lombard in Sydney is a good one and helped me with a difficult case. He will tell you directly if he thinks she has a good chance. Link to comment Share on other sites More sharing options...
Pumpkin Posted June 20, 2011 Share Posted June 20, 2011 Hello,I know this will be a rare situation but I am hoping someone may be able to help. I have posted something similar to this before but didn't get any answers but I have found something else that may offer some light at the end of the tunnel and I am hoping someone may be able to share their experience. I am married to an Australian Ctizen by Descent and we are hoping to file my visa for spouse in the new year. His Dad was an australian citizen and in the two years we have been planning to go it was the plan that my FIL and MIL would come with us with her on a spouses visa also. Sadly my FIL died last November, at first we felt that our plans would have to stop as my MIL would no longer be eligible for a spouses visa but looking at Immi website I have just found the following: Relationship In a married relationship, you and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner. See: Evidence of a Genuine and Continuing Relationship Note: Under certain circumstances, you may still be eligible to apply for and be granted, or continue to be an applicant for, a Partner visa in Australia if: your relationship breaks down and you and your partner have custodial rights under the Family Law Act 1975 for any children aged under 18 years that you and your partner may have your partner dies, and you can establish that, had your partner not died, the relationship would have continued and that you have developed close ties with Australia. Relevant info is in red, my understanding of this is that my MIL could be eligible to apply as long as she can prove that she has close ties with Australia and her plans had been to join us. Am I right? and if so how long could she wait before applying under this clause. Also how would she show her relationship to be continuing, in the same way as we would? Ie bank statements wills etc. There is no written evidence of our plans to go, as we only talked about it over the phone but I guess people could write a statement of the intention. Also she had never visited Australia, do you think this would be a major stumbling block? I guess any application of this nature would be on a case by case merit but does anyone have any experience of this? Thanks I personally think that there is very little chance that your MIL could go to Australia via this route. If she has never been to Australia then how can she have close ties after all. I think parent sponsorship is going to be the most suitable option for her. As others have said, it is worth consulting an agent, but my feeling is that they will say something as above. Link to comment Share on other sites More sharing options...
_shel Posted June 20, 2011 Share Posted June 20, 2011 I agree with Wannagotooz above. I've seen one of the agents answer this one before & their answer was no a widow of an australian can not start the process for a partner visa because their sponsor needs to sign the forms and agree to be their sponsor. If you are midway through the process, the sponsor having signed the original forms, then they could continue as you have posted. Link to comment Share on other sites More sharing options...
Guest TaniaandRob Posted June 20, 2011 Share Posted June 20, 2011 I'm no expert but have a look at this - if your the closet remaining realtives to your MIL then this might be the visa for her.... http://www.immi.gov.au/migrants/family/115/ Link to comment Share on other sites More sharing options...
_shel Posted June 20, 2011 Share Posted June 20, 2011 I'm no expert but have a look at this - if your the closet remaining realtives to your MIL then this might be the visa for her.... http://www.immi.gov.au/migrants/family/115/ Parents can not go on the LRR Link to comment Share on other sites More sharing options...
Guest Phillida Posted June 20, 2011 Share Posted June 20, 2011 My understanding of that is that if you are in the process of applying, or if you are in the middle of the two stage 309/100 visa, and your partner dies mid application or before the permanent visa is finalized, then you may be able to continue your process. I don't think it means you can make an initial application for a visa that requires a sponsor if your sponsor is deceased. I agree with the people above me though that you should consult with an agent. George Lombard in Sydney is a good one and helped me with a difficult case. He will tell you directly if he thinks she has a good chance. Hello Was it you who asked if you could email me with regard to visa as you said we were pretty much similar cases?? I've lost the thread for some reason and cant find the person. Apologies if its not you Phillida Link to comment Share on other sites More sharing options...
k8bug79 Posted June 21, 2011 Author Share Posted June 21, 2011 Thanks guys for all your responses, I have sent George Lombard an email hopefully he'll shed some light on all the options Link to comment Share on other sites More sharing options...
Guest WannaGoToOZ Posted June 22, 2011 Share Posted June 22, 2011 Hello Was it you who asked if you could email me with regard to visa as you said we were pretty much similar cases?? I've lost the thread for some reason and cant find the person. Apologies if its not you Phillida No Phillida, it wasn't me Link to comment Share on other sites More sharing options...
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