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Adam.Smith View Drop Down
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Joined: 21/February/2009
Location: Australia
Posts: 16
  Quote Adam.Smith Quote  Post ReplyReply Direct Link To This Post Topic: Sponsoring Partner
    Posted: 18/November/2009 at 19:15
Hi,
I was hoping someone in this forum would be able to assist it with my query.

I had sponsored my ex-wife on the defacto visa over just over 2 years ago. We divorced and separated about a year ago and she didn't not take up the Permanent residency after the waiting period of 2 years and went back to her home country.

From my reading on the immigration website a sponsor cannot sponsor another person for within five years. Would this also hold in my case even though my ex did not take up her residency. Does this mean that even if do remarry a non-resident i would need to wait another 3 years ( to complete the 5 years) before i can think of applying for her visa?

Your assistance will be much appreciated.

Thanks

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 18/November/2009 at 20:05
I think your reading is correct, but if you wish to sponsor someone else, do it, and appeal if they knock it back, pointing out that your previous sponsord person has not taken up residency.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Adam.Smith View Drop Down
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  Quote Adam.Smith Quote  Post ReplyReply Direct Link To This Post Posted: 19/November/2009 at 05:46
THanks MArtin,

What are the chances of the appeal being successful in my case? I do have a strong point of my ex not taking her residency which goes to show that our relationship was genuine and not a one where we got married just for the purpose of obtaining her residency...

thanks

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 19/November/2009 at 12:31
Sorry Adam, I don't know, but I believe you have a good case. The purpose of the law is to stop an individual flouting the immigration laws by being a serial sponsor, you are certainly not that.

Please let us know how it all turns out.

Good luck.

Edited by MartinO - 19/November/2009 at 12:32
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Adam.Smith View Drop Down
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  Quote Adam.Smith Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2009 at 05:56
Thanks MartinO. Do you suggest i should go ahead with the application which i intend to in about 8 months from now. Also should i do this via an immigration lawyer?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2009 at 11:06
If it is your wish, to do this and the lady agrees, go ahead, use a lawyer if you wish but as you have done this before, nothing to stop you submitting the paperwork yourself, provided you feel competent. Your decision.

Good luck.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Adam.Smith View Drop Down
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  Quote Adam.Smith Quote  Post ReplyReply Direct Link To This Post Posted: 21/November/2009 at 19:34
Thanks MartinO.
Also do you think i should explore other options e.g. Let her come here on a student visa and after she finishes her course in a couple of years sponsor her or is it also possible that i marry her outside this country and then i can sponsor her on a tourist visa which i believe can be upto 1 year?

Just dont want to be seperated for too long :(

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 21/November/2009 at 21:00
Any of those options is available to you, it comes down to your choice.

Good luck and best wishes.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

giggles104 View Drop Down
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  Quote giggles104 Quote  Post ReplyReply Direct Link To This Post Posted: 29/May/2010 at 08:10
hi adam,
my partner and i are in the same situation. i had sponsored a partner 4 years ago and she left before a pr was issued, then cancelled the application. but we were advised by an agent to wait for the five years from the cancellation of the visa before we could apply for a spouse or pmv.
we had just recently found out that we could apply for it onshore as long as we have been together more than 2 years. we have been living separately in the past year and it has been really hard, emotionally and financially. hopefully we will get a positive outcome.
hope this'll help you a bit

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