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Old 21st March 2012, 04:43 PM   #11
Richard Quirin
Join Date: Oct 2011
Location: Melbourne, Dandenong
Posts: 62
Richard Quirin Registered Migration Agent
MARN 0848935

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.

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

Head Office
Suite 4, 146-148, Walker Street
Dandenong, Melbourne
Victoria, Australia, 3175
Tel No: +61 3 9791 6686
Fax: +61 3 9791 6661
website: http://www.gicaustralia.com.au
International Site: http://www.gicaustralia.com
Email: richard.quirin@gicaustralia.com.au
Skype ID : gicaustralia

The post above is of a general nature. It does not constitute the provision of immigration advice and or assistance. You should not rely upon the information provided in this post. Should you wish to seek immigration advice we will first provide you with an IRMAP and provide you with a free first consultation by phone or in person.

Last edited by Richard Quirin; 21st March 2012 at 11:51 PM. Reason: add
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Old 24th September 2012, 11:37 PM   #12
Join Date: Feb 2012
Location: Perth, WA
Posts: 4

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.
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Old 30th September 2012, 11:38 PM   #13
Team Oyeniyi
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Join Date: May 2011
Location: Melbourne
Posts: 123

Congratulations and all the best for a wonderful future!
Appliction lodged June 22, 2010, Pretoria
Application denied, November 29, 2010, Melbourne
Appeal lodged, December 13, 2010, Melbourne
Received Appeal Acknowledgement via lawyer December 22, 2010 (dated December 14)
AHRC complaint lodged January 19, 2011
MRT Hearing date February 17, 2010
Appeal WON February 17, 2011
MRT Decision issued March 4, 2011
Notification of visa grant received May 25, 2011
http://teamoyeniyi.com - Love versus Goliath
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Old 19th October 2012, 05:36 PM   #14
Join Date: Mar 2012
Location: australia
Posts: 3

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