Application for migration to Aus by a partner concern

[chowchowkeeshond]

I have been to australia around 8 years, started from year ten in high school, then graduated from mel uni in 2008 and will finished my postgraduate study in the middle of this year.

My husband and me have been together since 2007. We moved in together at the beginnng of 2008. And just got married in 02/2010.

We have never feel bored with each other,everything is going well. I am just about to apply the Spouse visa, the only concern is our age gap. We met in the pub and were friends firstly, then got to know each other and fell in love. He is 43 this year and i am only 24. Age isnt the problem btw us, our both families are accepted. We only invited his parents to be our witnesses for wedding registration. Because i don't want to make his whole family feel we marry for visa. He shows understanding and told his parents we would have a proper wedding after everything are settled. Initially, his parents felt a bit sad that we did not marry in the church.

He got a reasonable job with annual paid 100k+. So immigaration shouldnt think he married me for money, but i do really worry about the age gap will create a bad impression.

We are in melboure, it will be so thankful for anyone can assist or knows a good agent in this area.

If our application is refused because of this reason, i may have to divorce him to let he be free again, and i gonna feel very sad to leave him and our two dogs. One is only 6 months, another one is going to turn 2 years old this year.

Please help, thank you so much

[Robert]

Hi Chowchowkee,

I really dont see a problem with your application. Age difference should never, never, be an issue. What should concern the case officer is there a committement to each other to live as spouses in the future. The case officer should not use his/her personal bias/perception/prejudice to assess the application. The case officer should not use the concept of "marriage of convieneience " to make adverse decison. Every marriage is a marriage of conveneience and and it is just a side benefit if one of the parties gets a residence visa live in Australia. The case officer will be seen to be infected with bias if he/she focusses on this unfounded suspicion. I reproduce below an argument I suceesfully mounted at the appeal MRT on this often raised iisue of "conived marriage" as :

"15.0. The consideration of the often repeated suspicion of “contrived marriages” or “marriage of convenience” arranged for the purpose of enabling a party to obtain a visa to migrate to Australia, as it was in this case, was put to rest in para 11 of the above “Dhillon” case in observing that “people enter marriages with a variety of purposes and motives, hopes and anticipations, so that it is not possible to classify some purposes etc. as according to what may be described as 'community expectations'. It is not necessarily inconsistent with a genuine marriage relationship that it was entered into by one or both parties with a view to material benefit or advancement, as for example with the hope of becoming eligible to reside in a particular country. The true test, we would suggest the only test, is whether at the time at which the matter has to be decided it can be said that the parties have a mutual commitment to a shared life as husband and wife to the exclusion of others. Mr Jolly never addressed that question. Accordingly, it seems to us that he failed to take into account a relevant consideration. Nonetheless, in reality it is the hope of most parents from third world countries with poor circumstances, such as Vietnam or Punjab, for their eligible daughters to marry an eligible bachelor of same cultural background from a developed country , such as Australia or the United States and emigrate as his genuine spouse. This desire and aspiration does not distract the parties from establishing an ongoing genuine commitment to each other as spouses. "

With the above principle you should have no fear. If you really want an experienced agent
email me at rkc@austmigration.com.sg


Cheers


Robert K Chelliah
MARN 92-54011 (Registered since 1992)
www.austmigration.com.au

[downundervisa]

Robert is correct. You have every right to be together. We often see greater age gaps than 43 and 24. Love is blind! Do yourselves a favour and contact a good agent (like Robert), and let him take care of the worries for you. Good luck with your application and with your future!