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Old 05-10-2004, 10:12 PM   #1 (permalink)
Kievah
 
Posts: 11
Default Please help, Sponsorship issues.

Hi, everyone, my name is Danny Ellis, an Australian citizen, and I seek
to bring my American fiancée back home to Australia by applying for a
prospective marriage visa. I am 20 years of age, currently unemployed,
without assets of value for the time being, and I am visiting in Ohio
with her. I’ve contacted DIMIA repeatedly with my questions but they
claim they are unable and unqualified to answer the questions I’m
asking.

When the issue of sponsorship arises, how would it be handled
in my case? Would our visa application be rejected on the grounds that I
have no income? Or would the Assurance of Support from one of my family
members be acceptable to cover my fiancée? Is there any way to determine
the likelihood of our applications success taking into account that as a
sponsor, I have no employment or assets, but have an Assurer, and that
my fiancée and I have a long, deep, and solemn relationship with a
definite, displayable future?

We only seek to legitimately begin a life
together, and it's extremely hard
at our age, being unable to provide
large amounts of money without family
help. Thank you for your time.



Sincerely,
Danny.

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Old 05-10-2004, 10:21 PM   #2 (permalink)
Mlbonner
 
Posts: 1330
Default Re: Please help, Sponsorship issues.

Originally posted by Kievah
    > Hi, everyone, my name is
Danny Ellis, an Australian citizen, and I seek to bring my American
fiancée back home to Australia by applying for a prospective marriage
visa. I am 20 years of age, currently unemployed, without assets of
value for the time being, and I am visiting in Ohio with her. I’ve
contacted DIMIA repeatedly with my questions but they claim they are
unable and unqualified to answer the questions I’m asking.
    >
    > When the
issue of sponsorship arises, how would it be handled in my case? Would
our visa application be rejected on the grounds that I have no income?
Or would the Assurance of Support from one of my family members be
acceptable to cover my fiancée? Is there any way to determine the
likelihood of our applications success taking into account that as a
sponsor, I have no employment or assets, but have an Assurer, and that
my fiancée and I have a long, deep, and solemn relationship with a
definite, displayable future?
    >
    > We only seek to legitimately begin a
life together, and it's extremely hard
    > at our age, being unable to
provide large amounts of money without family
    > help. Thank you for your
time.
    >
    >
    > Sincerely,
    > Danny.


Okay, deep breath :) Lots
of sources of information and people who can help you on here.

Maybe
start by having a look at these links and doing a search on this
site....

http://dima.cardgate.net/Partner_Migration/1127.pdf

http://www.immi.gov.au/migration/fam...ers/fiance.htm

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Old 05-11-2004, 12:20 AM   #3 (permalink)
Kievah
 
Posts: 11
Default Re: Please help, Sponsorship issues.

Thank you very much for taking the time to reply. Did I seem a bit
frantic there? =P It's just such an emotional issue, because Jess and I
have fought so hard just to visit each other, and it's at crisis point
because we're both facing education time limits and need to settle down
and pursue it, wanting it together.

Thank you again, I'm checking out
the links you provided.


- Danny

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Old 05-11-2004, 12:30 AM   #4 (permalink)
Kievah
 
Posts: 11
Default Re: Please help, Sponsorship issues.

Mlbonner, I'm sorry to be a pain but I've come across both of those
links in my searches, and for some reason, sponsorship is only covered
vaguely and skips details that are crucial and refer to how sponsorship
is handled for people unable to provide, what kind of earning bracket
they need to be in, and so on. Even DIMIA couldn't provide me with what
I needed to know via email, and they seem to be the source of all the
policies and procedures for immigration.

Thank you again for
responding, I appreciate it. =)

Do you suggest anywhere else I can find
this degree of information? I've tried emailing lawyers and attorneys,
and one vaguely mentioned that in my case, a discretionary Assurance of
Support would be required. What they didn't say is if this is
specifically in place of myself sponsoring, or just what discretionary
is. Does anybody know if this is different from an Assurance of Support?


I'm sorry to ask what are probably obvious questions, but I've
searched long and hard and the help pamphlets only cover details
lightly.


- Danny

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Old 05-11-2004, 01:31 AM   #5 (permalink)
Bondipom
 
Posts: 572
Default Re: Please help, Sponsorship issues.

Originally posted by Kievah
    > Mlbonner, I'm sorry to be a
pain but I've come across both of those links in my searches, and for
some reason, sponsorship is only covered vaguely and skips details that
are crucial and refer to how sponsorship is handled for people unable to
provide, what kind of earning bracket they need to be in, and so on.
Even DIMIA couldn't provide me with what I needed to know via email, and
they seem to be the source of all the policies and procedures for
immigration.
    >
    > Thank you again for responding, I appreciate it. =)

    > Do you suggest anywhere else I can find this degree of information?
I've tried emailing lawyers and attorneys, and one vaguely mentioned
that in my case, a discretionary Assurance of Support would be required.
What they didn't say is if this is specifically in place of myself
sponsoring, or just what discretionary is. Does anybody know if this is
different from an Assurance of Support?
    >
    > I'm sorry to ask what are
probably obvious questions, but I've searched long and hard and the help
pamphlets only cover details lightly.
    >
    >
    > - Danny
I think
you maybe worrying needlessly. It seems that native english speakers are
rarely asked for an AOS. There is a Dutch applicant who was sponsored by
a student and was not requested an AOS.

Have you been living together
for a year or more. If so I would go for a De-Facto partner visa as you
are young and marriage is a big committment. Unless you 2 have been
together for over 5 years (2 where kids are involved ) the applicant
will only be eligible for a temporary visa which does not provide HECS
eligibility. The temporary visa is converted to a permanent residency 2
years after application.

Booklet 1 1127 from www.immi.gov.au
is probably the best source of information.

Anyhow you are only 20 and
I would only settle if you feel like settling, not because of societal
pressures.

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Old 05-11-2004, 02:05 AM   #6 (permalink)
Kievah
 
Posts: 11
Default Re: Please help, Sponsorship issues.

We both feel marriage is something very important to us, something we
value, but what would be the best kind of visa for us? We've lived
together for just over a full year, but we've had three periods of
separation due to visitor visa limitations. HECS is definately
something she needs in order to pursue university like she plans.


Does the Assurance of Support serve instead of my own
ability/inability to sponsor?

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Old 05-11-2004, 02:43 AM   #7 (permalink)
Ulujain
 
Posts: 96
Default Re: Please help, Sponsorship issues.

Originally posted by Kievah
    > We both feel marriage is
something very important to us, something we value, but what would be
the best kind of visa for us? We've lived together for just over a full
year, but we've had three periods of separation due to visitor visa
limitations. HECS is definately something she needs in order to pursue
university like she plans.
    >
    > Does the Assurance of Support serve
instead of my own ability/inability to sponsor?

The AoS
serves one purpose; as a deterrence to prevent people from claiming
certain welfare payments when they migrate.

As a former Centrelink
employee, I can tell you it is abused and also arguable that it saves
Australia much money at all.

So, it doesn't replace your ability to
support or sponsor, it's just a guarantee (although one full of holes)
that your partner will not be a liability to Australia's social
security system.

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Old 05-11-2004, 02:47 AM   #8 (permalink)
Kievah
 
Posts: 11
Default Re: Please help, Sponsorship issues.

In that case, how do I successful sponsor my fiancee when I have no
income or assets? How does this get treated in the application process
when I apply for a prospective marriage or spouse visa?

Does anyone
know how this would be handled, or would it be unworkable?

Thank you
all again for your helpful replies, I appreciate it. =)

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Old 05-11-2004, 03:22 AM   #9 (permalink)
Kievah
 
Posts: 11
Default Re: Please help, Sponsorship issues.

Yes, though my parents are separated, both would be willing to help to
the utmost of their ability. My father works a modest job, but he has
plenty of assets, which is what I think they look for in Assurance of
Support.

How crucial is my personal ability to sponsor my fiancee to
the success of the application? I'm young, unemployed, and practically
own nothing, but my parents can definately help. Does anyone know in
definate terms my situation is workable?

Thank you all again, I
appreciate the help. It's really hard to find indepth information online
anywhere else, this place is a treasure mine.

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Old 05-11-2004, 03:51 AM   #10 (permalink)
Bondipom
 
Posts: 572
Default Re: Please help, Sponsorship issues.

Originally posted by Kievah
    > We both feel marriage is
something very important to us, something we value, but what would be
the best kind of visa for us? We've lived together for just over a full
year, but we've had three periods of separation due to visitor visa
limitations. HECS is definately something she needs in order to pursue
university like she plans.
    >
    > Does the Assurance of Support serve
instead of my own ability/inability to sponsor?
It does
depends on the periods of separation and how long ago and how long the
periods apart were. DIMIA will consider the time appart if you can show
communication during those periods. One of the main points DIMIA are
looking for is where you'll be living when you get to Australia. I got
my MIL to say she would put us up in her stat dec and on the forms my
sponsor put down that she would use the mother in laws as accomodation
for both of us.

Something you can do is apply and see if DIMIA require
an AOS. Your application will not be rejected outright but they will ask
later for an AOS. For more details on AOS see forms 28 and 29A.

At your
age I certainly would consider a De-Facto spouse rather than a
prospective marriage visa.

For HECS eligibility check out
http://www.hecs.gov.au/manual04/chapter3.htm#3_1

Your
partner would be granted a provisional (temporary) visa on grant of a
partner visa.

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