Is there any chance for me to be an "eligible sponsor"?

[chouette7777]

hello, I'm new to this forum and I have spent some time trying to find answers to my questions. I did find help, but thought it's best to send my own thread, because i'm still confused. It's probably related to the difficulty of the situation I have to cope with. :)
Let's explain!

I'm a french citizen and moved to Australia with a 457 de facto visa through my ex partner who has been sponsored by a company. That was 2 years and 8 months ago.
As we were still in a relationship, I have been granted Australian permanent resident with a partner 856 visa.

Now, the situation has changed: in fact, my relationship with my sponsor has broken up.
I still live in Western Australia, and I have met and fallen in love with a french man who lives and works in France.
Both, we really want him to come along to work and live in Australia. So, we are thinking and trying to sort out which visa is better for him to apply for.

- As a senior developer programer, we guess he would be able to get a working visa (457). So, he has sent several resumes, but it seems to be hard to find a job in WA from France. The best for him would probably to be in WA to find a job in WA!

- he is thinking of getting the skilled visa as his occupation appears in the SOL. But it can take ages before he gets it! Is that right?

- Also, I thought I may be able, while I have a PR, to sponsor him as a de facto, or even a fiance.
I then went on the immi.gov website to find out about the conditions and eligibility of sponsors. It seems not be easy at all and a bit confusing!
I was then wondering if you could help me figuring out which visa he should think of applying for between them all (prospective mariage visa, partner visa, de facto visa). Have we any chance to live together in WA? Or should I think seriously of leaving WA and go back to France, even temporarily??

Thanks for your help

Gali

[nvoorst]

If you are in a genuine relationship with this man, then I think you should really look into a partner visa. Fiance is probably easiest and quickest, if you are willing and able to get married with 9 months of him being granted the visa.

Feel free to contact me directly for professional advice.

Bon chance !

Regards,

[chouette7777]

Thank you for your quick reply.
I thought like you before I went on the immigration's website and found this in the prospective marriage visa under the "eligibility" section. I copied the paragraph:

When you may not be eligible

You may not be able to sponsor your partner if any one of the following applies:
you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen
you have previously sponsored two other partners for migration to Australia
you have sponsored another partner within the last five years
you were sponsored for a partner visa as a partner yourself within the last five years
you are the holder of a Woman at Risk visa (Subclass 204)
you have a conviction or an outstanding charge for an offence against a child.

If you have previously sponsored or been sponsored, you may still be permitted to sponsor your partner in compelling circumstances, such as:

if your previous partner has died or abandoned the relationship leaving young children
if your relationship with your current partner is long standing (that is, five years or more
if you and your current partner have dependent children of your relationship.

We have been in a relationship for less than 5 years. Do you think, I still may be able to be an eligible sponsor?
In your reply, you talked about "genuine relationship". What does that mean exactly?

Merci beaucoup!

gali

[nvoorst]

you were sponsored for a partner visa as a partner yourself within the last five years

But you were not, because you came on a sc. 457, not on a partner visa.

"genuine relationship". What does that mean exactly?

http://www.immi.gov.au/media/fact-sheets/35relationship.htm

Avec plaisir,

[chouette7777]

But you were not, because you came on a sc. 457, not on a partner visa

In 2008, I came on a de facto 457 visa indeed, but in 2010, I have been granted spouse permanent resident (visa 856). Does this not count?
Would I be able to sponsor my new partner either on a de facto visa or on a prospective marriage visa, even though I'm a permanent resident because I have been sponsored by my ex partner less than 5 years ago?

Many thanks

[nvoorst]

Chouette,

The sc. 856 is not a spouse visa, it is an employer sponsored visa. You were included in your partner's visa as a secondary applicant. He did not sponsor you on a partner visa.

I can't see why you cannot be a sponsor now, as long as you meet all the other requirements.

Regards,

[chouette7777]

this is the best news I have heard for the last 3 weeks.
Thanks very much for that.

So, now the question for me is to know whether I should sponsor him as a de facto or a fiance! But that is more an answer we have to sort out my partner and I.

Mille merci.

[chouette7777]

So, now the question for me is to know whether I should sponsor him as a de facto or a fiance! But that is more an answer we have to sort out my partner and I.


But you could probably help us to make our decision :)
In fact, I just want to make sure I have understood the difference between de facto and fiance visa.
- if we decide to apply for a de facto visa, I would better have to go back to France and live there with him for one year at least.
- if we decide to apply for a fiance, my partner can temporarily come to Australia, and we will have to get married at latest 9 months after he will have arrived.

Am I right?

Merci

[nvoorst]

For a defacto visa you must have solid evidence of at least 12 months living in a defacto relationship.

For the fiance visa, you partner must apply from outside Australia. You must already have registered and arranged to get married. Once the visa is granted your partner must marry you and apply for a spouse visa within 9 months of visa grant.

Hope this helps you to decide,

Regards,

[chouette7777]

For the fiance visa, you partner must apply from outside Australia. You must already have registered and arranged to get married.


How would we have to register our commitment?
Can that be done "in distance", as he currently is in France and I'm in WA?

thank you beaucoup! :)

[nvoorst]

Go to the nearest court house or call a marriage celebrant. They can explain the procedures.