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Partner Visa 309 - Tricky Situation!


Miss Swan

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I'm stuck with a sticky (or tricky) situation and some advice would really help and be really appreciated!

 

Now the thing is, my partner will be my Sponsor for the partnership visa, naturally. We've been together for 4 years so in terms of relationship evidence, I've got them solid.

But what I'm really concerned about here is that from the very beginning of our relationship, he has been on Centrelink's Carer's Pension scheme which means he is the sole caretaker of his disabled mother and hence is not allowed to work, while Centrelink assists him by providing him with some allowance every month.

 

It's a sad situation that we can't do anything about because his mum is very highly dependent on him to get around and run errands/do food shopping and as much as he wants to earn decent income, being the only child at home, he needs to look after his mum.

 

That means he's not able to submit any payslips/tax documents/bank statements to show he has the ability to support me. So I'd to know what DIAC's stand on this is?

 

Personally, his financial situation (or lack thereof) has never been an issue for me. If I'm granted the partner visa and move over, I'll definitely make sure I have enough savings to tide myself over, plus I intend to find work there, and in the worst case scenario his mom will help us out. I've been there heaps of times for visits, ranging from 1 week all the way to 3 months, and we've never found ourselves in a situation where we're completely out or in dire need of money.

 

Is there anything I/my partner can do to get over this Sponsorship requirement?

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I'm really sorry to hear this, perhaps a statement from his mother would help stating as such?

 

Also. Really stupid question here but if you're moving over to Aus with him, who's going to look after his mum? xx

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Yeah I'll get his mum to write a statement but not sure how much weight this would hold as she's on Disability Pension herself.

 

Well when I get over, things will definitely take a much better turn. My partner would be able to hunt for a full time job and I can take up a part time job and look after the mum myself. We'll all be staying under one roof btw.

 

Oh sorry, I forgot to mention that my partner's Aussie and is in Oz right now, but I'm not. Hope this clears things up :)

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Guest GeorgeD

That means he's not able to submit any payslips/tax documents/bank statements to show he has the ability to support me. So I'd to know what DIAC's stand on this is?

 

He will have documents showing his income even if it is just a carers allowance. This is still an income. If you come from a low risk country and can provide rock solid relationship evidence then I don't think you will have a problem.

 

Think about it...couples living in the UK both moving to Oz basically turn up without a job between them, so they have less income day 1 than you! The more information you give them about how you plan to deal with it or be flexible with your situation, the better. Remember by being in a relationship right now essentially means you are dealing with it already!

 

You can't really change this situation either, it's not as if he can suddenly make up a job he's had for the last few years and has pots of cash in the bank. Don't let it worry you, your sponsor doesn't need to provide an Assurance of Support any more. Also, it would probably cost the Australian government more if he left the country to be with you...it's probably cheaper to pay him than to pay for specialist care.

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I'm stuck with a sticky (or tricky) situation and some advice would really help and be really appreciated!

 

Now the thing is, my partner will be my Sponsor for the partnership visa, naturally. We've been together for 4 years so in terms of relationship evidence, I've got them solid.

But what I'm really concerned about here is that from the very beginning of our relationship, he has been on Centrelink's Carer's Pension scheme which means he is the sole caretaker of his disabled mother and hence is not allowed to work, while Centrelink assists him by providing him with some allowance every month.

 

It's a sad situation that we can't do anything about because his mum is very highly dependent on him to get around and run errands/do food shopping and as much as he wants to earn decent income, being the only child at home, he needs to look after his mum.

 

That means he's not able to submit any payslips/tax documents/bank statements to show he has the ability to support me. So I'd to know what DIAC's stand on this is?

 

Personally, his financial situation (or lack thereof) has never been an issue for me. If I'm granted the partner visa and move over, I'll definitely make sure I have enough savings to tide myself over, plus I intend to find work there, and in the worst case scenario his mom will help us out. I've been there heaps of times for visits, ranging from 1 week all the way to 3 months, and we've never found ourselves in a situation where we're completely out or in dire need of money.

 

Is there anything I/my partner can do to get over this Sponsorship requirement?

 

I'm in the same boat as you - I am currently in Australia on a 457 visa. My Aussie husband is a stay at home dad who does abit of part time cleaning work while I work full time. I figure that it is in the Oz govt's interest to grant me my partner visa as otherwise they may be left paying benefits to my hubby and 3 kids (all Aussies) if I bog off back to the UK and they don't have my salary to rely on!

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Loopylu, why won't DIAC grant you a partner visa? You have a much stronger case than mine since you're solidly married to your husband and have 3 kids together. I'm pretty positive DIAC will grant you the visa so that the family stays together. My case is a little more challenging because mine is a long distance relationship from the very start, and we have no kids together.

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Loopylu, why won't DIAC grant you a partner visa? You have a much stronger case than mine since you're solidly married to your husband and have 3 kids together. I'm pretty positive DIAC will grant you the visa so that the family stays together. My case is a little more challenging because mine is a long distance relationship from the very start, and we have no kids together.

 

I'm pretty sure that DIAC will grant my visa but you never know. I thought that my case was similar to yours in terms of the concern about my partner/sponsor not being able to support me financially. The visa application forms seem to require that your partner can support you financially which obviously my hubby can't as he is a house husband and I'm the one who works.

 

Even though my kids and husband are Aussie, if I had a serious medical condition that required expenditure over a certain cap specified in legislation then there is a big chance that DIAC might refuse my application and I would have to appeal to the Minister. I do have a medical condition that caused the medical review doctor to refer my case to his superiors. As it is quite common and shouldn't cost much to treat (just medication) I am assuming that things will go OK.

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Don't worry I'm sure your application will go much more smoothly than mine. DIAC usually takes into account if the applicant already has children with her OZ partner and in this case you have 3! Mine will be more challenging because whether I can find a job over there is another matter, while you are already there on 457.

 

You can easily prove that you can support the family since you're already working but when I'm over there, both of us are not sure how easy either of us can secure a job.

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