Can I sponsor my wife on the disability pension?

[Richard Quirin]

It’s my personal view that the removal of the AOS was not an initiative to remove financial capacity from the sponsorship and visa criteria for partner visas. I personally do not believe that in any way the removal of the AOS was designed to assist low income sponsors. To be clear, that is just my personal view. That being the case, I believe, that you now have to be more strategic and precise when you address the sponsorship and visa criteria.


In my view, the legislative issues that you will have to deal with are specifically:

Regulation 1.20(2)(a) states:


if the application is for a permanent visa (other than a Partner (Migrant) (Class BC) or Partner (Residence) (Class BS) visa) — the sponsor undertakes to assist the applicant, to the extent necessary, financially and in relation to accommodation:
(i) if the applicant is in Australia — during the period of 2 years immediately following the grant of that visa; or
(ii) if the applicant is outside Australia — during the period of 2 years immediately following the applicant's first entry into Australia under that visa;


Moving on from that, the additional requirement of clause 309.255 – where 4009 must be met:


The applicant:
(a) intends to live permanently in Australia; and
(b) if the applicant seeks entry to Australia as a member of a family unit, also satisfies the Minister that the applicant could obtain support in Australia from other members of the family unit.

I agree with Nick, given your financial capacity, you should seek the assistance of the not for profit sector or as others have said seek the guidance and strategy of a commercial migration agent. Given it appears you do not have the capacity to pay for professional fees, I would be happy to give each of you a free 15 minute telephone consultation.

Cheers,
Richard Quirin (Principal Immigration Consultant)
(BA, Masters (Inter. Relations), Grad. Cert. Immi Law)
MARN: 0848935

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[gestaltdude]

Turns out the answer is yes. My wife suprised me with the news a week and a half ago. She had come here on a tourist visa, and during her stay she was asked for some other documents. Some of them could be provided with the help of my mother in law, but there was one, her daughter (my step-daughter)'s passport, whcih could only be obtained by my wife. She did that the week she returned, got a certified copy off to the embassy,and we sat back to wait...or so we thought...Two days laters, when Im at work, she calls and tells me she received an email confirming the application had been granted. After some initial confusion as to when they could come (they gave two entry dates on the letter) they will spend one last christmas with their family before leaving boxing day and arriving on teh 27th. ill be going there a week or two earlier to help with preparations, hopefully in time for my wife's birthday on the 12th dec.

For us the whole process took just over one year, after getting married on the 5th September last year to getting the approval on teh 14th September. Of course this included things like four months waiting on the marriage certificate, which my wife needed for id purposes to apply fior various other clearances etc. From the Time the application was lodged it turns out to be a little less than 7 months, 23rd Feb to 14th Sep, and this would have been quicker if my wife was in country to get the passport. Never mind, alls well that ends well, now to prepare for a whole new life.

[Team Oyeniyi]

Congratulations and all the best for a wonderful future!

[chili]

Congratulations!!! Wishing you and your wife all the best for your new life together