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Posted

Hi to all,

I have a few concerning Questions about spouse visa for my spouse

1.. I was in trouble with law back in 1999 and i have to write on my sponsorship app for defacto visa if i had been in trouble before, I am going to be truthful but am wondering if that will jeapordize spouse visa approval,, It was not drugs firearms or assault charge so i dont think it is to serious, but if someone can reassure me on that i would be grateful...

2.. Another one of my questions on my sponsorship app form isasking if i owe money to any Autralian Government, Yes i owe money to Taxation department but they have told me they will garnee my wages each week just got to write to my company to get it happening, So will that affect my defactos spouse visa approvalk?

3.. There is questuions about our financial joint accounts, As i am sole providor of financial commitments we just have not worried about opening joint accounts, Should we? I am going to change my superannuation beneficiary to my spouse ,

Will that help??

4.. Another questions says about how we are dependant by ourselves, like living by ourselfs , We are iving at my mothers as she is near 70 yrs old and we both help her with everday duties, Would that jearpordize visaapproval as we r not living in our own house?

5.. We have child now who is 13 months old , he was born in Thailand but has birth by descent citizenship for Australia, Howe will that help us better?

6.. Can family members write stat decs to state how our relationship is all good, We dont go out socially as we have a young baby so our nites r pre occupied

............. Hope somebody can give me some positive answers tomy Questions as i am not sure if everything will be good when we finish filling out our app forms

Thanks kindly and would be great to hear good news....Tinytot

Posted

I'm not an expert on Aust visas, but I did go through this process with my Thai de facto and did have a very long chat about things generally with the senior immigration officer.

A criminal record by itself is not necessarily grounds for dismissal of the application (depending on the nature and seriousness of the offence). However, it certainly works against you given you are the sponsor.

Owing money to the tax office - I'm not sure about this one... You will need to obtain specialist advice from a registered migration agent (or just try ringing up immigration and getting the information from them about whether this one is a show stopper or not).

With respect to joint accounts - they are looking for evidence that you truly function as a partnership - ie a mutually exclusive couple who share day to day issues, finances etc... they want to see that your money is her money and vice versa. I would highly recommend creating a joint account for this purpose. Super beneficiary is just another piece of evidence that you are an exclusive couple. They will want to see more evidence as well, such as both names on correspondence, joint names on bills (I didn't bother doing this), evidence of taking holidays together, etc.

With respect to not living by yourself, that doesn't jeopardise the application... but once again it all comes down to how much evidence you can lead that you are a mutually exclusive couple. By living in someone else's house it means you don't have a lease agreement in joint names, or title deed to house in joint names. Note, I was in a similar situation, but got around this by showing we were jointly saving to buy our own place.

Having a child together certainly helps you.

For the stat decs, it is a good idea to get a range of stat decs. Family members are given less weight. Try to get decs from your neighbours etc as well. Keep in mind that stat decs by themselves are insufficient evidence to prove a mutual exclusive relaitonship. You will still need the other evidence as well (eg joint accounts, joint correspondence etc).

Ultimately, given the criminal record plus money owing to the tax office, I would suggest you actually get some official advice (eg from a registered migration agent). For example, it may be more sensible for you to use someone else as sponsor/guarantor who doesn't owe tax and have a record, if that is possible.

Posted
Hi to all,

I have a few concerning Questions about spouse visa for my spouse

1.. I was in trouble with law back in 1999 and i have to write on my sponsorship app for defacto visa if i had been in trouble before, I am going to be truthful but am wondering if that will jeapordize spouse visa approval,, It was not drugs firearms or assault charge so i dont think it is to serious, but if someone can reassure me on that i would be grateful...

2.. Another one of my questions on my sponsorship app form isasking if i owe money to any Autralian Government, Yes i owe money to Taxation department but they have told me they will garnee my wages each week just got to write to my company to get it happening, So will that affect my defactos spouse visa approvalk?

3.. There is questuions about our financial joint accounts, As i am sole providor of financial commitments we just have not worried about opening joint accounts, Should we? I am going to change my superannuation beneficiary to my spouse ,

Will that help??

4.. Another questions says about how we are dependant by ourselves, like living by ourselfs , We are iving at my mothers as she is near 70 yrs old and we both help her with everday duties, Would that jearpordize visaapproval as we r not living in our own house?

5.. We have child now who is 13 months old , he was born in Thailand but has birth by descent citizenship for Australia, Howe will that help us better?

6.. Can family members write stat decs to state how our relationship is all good, We dont go out socially as we have a young baby so our nites r pre occupied

............. Hope somebody can give me some positive answers tomy Questions as i am not sure if everything will be good when we finish filling out our app forms

Thanks kindly and would be great to hear good news....Tinytot

Questions 1-5 will not have a determining factor on the application. Most of these issues would have been looked at when you sponsored her for her tourist visas.

Question 6......you need family or friends in Oz to do a stat dec....at least 2 of these must be on the form 888 and be accompanied by proof of citizenship.....either a certified copy of the passport front page or a certified copy of an Oz citizenship certificate. You can have other normal stat decs as supporting evidence.

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