Australian Visa For Second Partner

[Evgen81]

Hi All,

At 2008 we've got Australian visas Class BN Subclass 136 Skilled – Independent visas to the following applicants:

myself (Primary Applicant) and my wife (Family member) - no extra points were provided from my wife to get this visa

Right after we've moved to AU, but April 2009 we were divorced and she left Australia.

I'm getting to be a sponsor for my new partner (Prospective Marriage Visa (Subclass 300)).

My worries about Sponsor Eligibility - immi.gov.au/migrants/partners/prospective/300/eligibility-sponsor.htm

It says

When you may not be eligible

you have sponsored another partner within the last five (5) years

So, the question is: can my ex be identified as a partner? Will I be restricted to apply?

Please advise!

Thanks!

Anthony

[7by7]

I've moved the post above to this new topic. It was originally added to a post on documents and I feel it may get more responses as a topic on it's own.

[gburns57au]

At 2008 we've got Australian visas Class BN Subclass 136 Skilled – Independent visas to the following applicants:

myself (Primary Applicant) and my wife (Family member) - no extra points were provided from my wife to get this visa

Right after we've moved to AU, but April 2009 we were divorced and she left Australia.

I'm getting to be a sponsor for my new partner (Prospective Marriage Visa (Subclass 300)).

My worries about Sponsor Eligibility - immi.gov.au/migrants/partners/prospective/300/eligibility-sponsor.htm

You want to sponsor a new girl for a prospective spouse visa less than 12 months after your divorce .

The one thing you have to prove for that visa is an ongoing and genuine relationship....I think that you would be struggling with this due to the time you have been with the new girl.

As far as the visas go....I am not sure but would suggest that the first visa would count against you....if anyone else knows different then would like to hear it.

Edited January 30, 2010 by gburns57au

[Chris Lawrence]

You get two bites of the cherry with immigration. GB makes sense.

Might be time to lick the wounds before going in boots and all. Take your time finding a new partner. Think about what went wrong and try not to make similar mistake.

But apart from that, if in OZ just ring Immig. they are usually helpful here.

[Evgen81]

Hi gburns57au

First of all thanks for reply!

As far as I understand Spouse Visa (subclass 309/100 and 820/801) and Prospective Marriage Visa (Subclass 300) are not the same.

Actually I didn't check Spouse Visa requirement, so "less than 12 months after your divorce" could be right for that, but there are no 1 year requirements for Prospective Marriage Visa.

Please, correct me if I'm wrong.

What about "genuine relationship".... actually we had a online contact for about 8 months (phone calls, Skype video, post parcels, etc) and we spent 3 weeks due her holiday trip to Australia (tourist visa)

Can it be proven genuine relationship? Any ideas?

[Evgen81]

Hi Chris,

i can't lick the wounds for years!!!

time to go! ))))))))))

but yes... to be serious... "think what went wrong and try not to make similar mistake"... will do... i'm experienced for now )))))))

ps

might be it looks funny, but it isn't

[gburns57au]

Hi gburns57au

First of all thanks for reply!

As far as I understand Spouse Visa (subclass 309/100 and 820/801) and Prospective Marriage Visa (Subclass 300) are not the same.

Actually I didn't check Spouse Visa requirement, so "less than 12 months after your divorce" could be right for that, but there are no 1 year requirements for Prospective Marriage Visa.

Please, correct me if I'm wrong.

What about "genuine relationship".... actually we had a online contact for about 8 months (phone calls, Skype video, post parcels, etc) and we spent 3 weeks due her holiday trip to Australia (tourist visa)

Can it be proven genuine relationship? Any ideas?

You missed my point....

I didnt say there was a 12 month requirement.....I was surprised that you are contemplating such a move LESS than 12 months AFTER your divorce.

You have to prove a genuine and ongoing relationship for both visas....I dont believe that 8 months online and only 3 weeks of actual time spent together will be enough to show that.....online time prior to actually meeting is not considered towards the relationship by the Immigration as far as I know.

The requirements for both visas are the same, it only differs in that the 309/100 is for couples who are already married, the Prospective visa is for those who intend to get married.

The fact that you have sponsored your ex here in 2008 may trigger the 5 year rule and your application would be bound to fail anyway. At the very least it would be on the database that you brought your ex here and that may be enough to raise suspicions with Immigration.

I would suggest that you slow it down a bit and take time to develop the relationship so that when you do make the move, you will be doing it knowing that you will satisfy the requirements completely and give yourselves the best chance of visa success.

However what you do is upto you in the end. Maybe you should talk to Immigration or maybe a migration agent if you can afford one.

[tominoz]

I have been in a similar position before, I arrived in Australia with my wife at the time on a business sponsored permanent visa (856). After getting divorced and within three years I applied for a 309/100 visa for my Thai partner.

My immigration agent confirmed that the sponsorship rule only applies to people which were not included in the original application. In fact I had not sponsored my wife at the time, she was included in my application. I believe this is the same situation for you.

Anyway I agree with the other posters you might want to wait a bit to show the immigration department that you are serious about your current relationship and that it is in fact a long lasting and genuine one. However you the only one to decide.

Good luck!

Tom

[Evgen81]

Hi Guys,

Thanks for input and advice!

There were questions for the procedure only.

However yesterday I've had quite unpleased discussion with my new girl.

Seems I have to have better understanding things around me... but it's all so emotional... agree to Chris and Gburns57au

Have a good day!

Cheers,

Evg

[Chris Lawrence]

Hi Evgens81

Hard thing giving any emotional advice at the best of times. Yes we are all grown up and make our own way. Keep talking with your girlfriend and make sure that both are heading in the right direction.

Very big change for someone to move to another country. Find out if some people around you have done the same thing; talk to them ask about experiences.

As I said before Immigration in OZ are easy to talk too. There are also some free immigration services that you might be able to locate and go and talk too in OZ. Be careful not to be blinded by love/lust, but gather information so you and your partner understand what are the steps involved. Your GF may also work at a different pace than you. Understand that pace.

I suppose all I am trying to say is think with your head and learn from what has happened.

I know for myself I don't like to be out of a relationship too long; I enjoy the company of a partner. Sometimes this is a defect and sometimes this is a gift. Then again some people will keep out of relationships for years after a bust up.

Hope I have made some sense, as I don't want to come across as 'need to do it this way'.

Good luck