Australian Spouse Visa

[bangkokcc]

Hi - this is a complicated one...

My gf is from Myanmar and is applying for an Oz spouse visa. Her mother and three siblings are listed on her visa application, but are not sponsored.

Now this is the bit that I'm still getting to terms with... When she was younger my gf was raped, got pregnant and gave birth to a daughter. Her mother came to her village when she gave birth and took the baby away, and my gf got on with her life without knowing where her biological daughter was (mum said she had sent her to a distant aunt's house in the country). For obvious reasons, they don't talk about what happened very often, and I only found out myself during the visa application process.

Naturally, we spoke about her feelings and being free of the burden of shame and secrecy. But so confused about all this information, I started asking more questions, which she was very happy to answer. I remember that her mother adopted a young girl about 5 years ago, but whom - for a long time - I'd just assumed was my gf's sister (as they look so similar). I asked her if she thought that this girl could actually be her biological daughter, as 1) she looks like my gf, and 2) her age would be the same as the baby she gave birth and had taken away from her ten years ago.

OK - so for the visa. Realising the sensitivity of the issue, my case officer asked me to try and establish the real relationship, but if I couldn't do that (i.e. due to not being able to locate them, not being able to get a dna test, it being a difficult subject to broach, etc) then we could declare her as her daughter if we wanted her to travel on my gf's visa in the near future (which would be easier than a regular family visitor visa a few more years down the track).

Of course we want what's best for them all. I asked my gf what she wanted to do - she said that she'd like her to come asap, and would rather have a go at sponsoring one person if it meant the chances were better, than sponsoring the whole family, which includes her ailing mother. The way she sees it is that their life in Myanmar is extremely tough, and being able to send just one person, particularly so young, would be a blessing for those left behind - i.e. being able to send money at a later stage).

The problem is that I may be forced to go back to Australia without a job. Will I be able to claim any centerlink payments if I effectively become a gaurdian for this girl. If I had a AU$80,0000 job it might be an easier decision to make, but with my gf not being able to work until her English skills improve, then it might be quite hard to look after her in the short term. Having said that, she is from one of the poorest countries in the world and it'd be a pretty good opportunity to do this. On the other hand, just having my gf migrate to Australia will be a life-changing experience for her, and she will be able to help her family (though not so substantially) just by living and working in Oz.

It's also a bit difficult to decide what to do right now, because I'm not too clear on what our options are in Australia regarding future sponsorship of different family members. Like I said, her family are dirt poor, the kids are young (school age), and will be able to learn more English when we start sending more money from Australia. I would like them to come to Australia, but I don't know what they/I will need to make that happen (I'm guessing in 5-10 years time)... student visa, family visitor visa, etc? I'm guessing that it may be an uphill battle on their side (being poor and unskilled), but enough money our side may help that.... I just don't know...

I have only discussed this with two other people so far, so it was good air some thoughts here - I just hope it's not to much info to digest in one OP .

[bangkokcc]

just two extra things - if she is listed as my gf's daughter on her visa app, how long will that give her (the daughter) before she can travel to australia - will it have to be in the next year or so, or a few years down the track?

it's just i didn't factor-in the hassle of living with a teenage girl

[aussiedoug]

Regardless of how difficult it is to talk about, you should list all her children and family on her visa application.

It is very difficult to "find" a child later when wanting to sponsor them. She may change her mind later.

You may want to later sponsor the whole family if you can, but you should at least bring or consider bringing the immediate family members, which you can delay until they are 18 years old, then they are not considered family, as they are adults. If you want to look at adopting this child you must do it while you are resident in Thailand(?), otherwise the Australian government will not recognise it if you are at the time resident in Australia. The Australian government has decided that it will not ask for DNA tests to prove parentage anymore, some bunch of arabs convinced them they were invasive tests, so now big arab families are the order of the day.Don't let me get started! Centrelink will welcome you with open arms, you are their client now, not a dole bludger anymore, things have changed. You can bring your wife even if you have no job, and her kids too, and you will collect from Centrelink for all of them. There are blokes with a job paying rent and bringing up a family on less then Centrelink pays the non working. Living with a teenage girl is easy, just get a cricket bat for swatting the boys off.

[bangkokcc]

how about confirming her as the daughter with the current spouse visa, and sponsoring her to come out when she is about 21 (when she is more independent) - is that doable? i'm just not sure about the time-frame in which she will be allowed to travel if she is listed on the current app.

[bridge]

Hi Bangkokcc,

I can see at least a dozen or more issues in your OP that cause concern.

You state :"My gf is from Myanmar and is applying for an Oz spouse visa. Her mother and three siblings are listed on her visa application, but are not sponsored". Q. Are you legally married or in a de-facto relationship (Pursuant to the Migration Regulations).

Furthermore, you state, "Her mother and three siblings are listed on her visa application, but are not sponsored". Sorry but that makes no sense at all. Firstly, to be included in a spouse visa application as secondary applicants they must be recognized as 'dependant' family members of the primary applicant, that is, your GF. Not all members of the applicants family unit will be classed as dependants.

If you are in receipt of Centrelink payments, I can see you having problems with your sponsorship being accepted. You need to be able to satisfy DIAC that you can support the Applicants primary/secondary for the first two years after they migrate.

Happy to answer any more questions, but try and break then down into individual questions.

Bridge

[bangkokcc]

Hi Bangkokcc,

I can see at least a dozen or more issues in your OP that cause concern.

You state :"My gf is from Myanmar and is applying for an Oz spouse visa. Her mother and three siblings are listed on her visa application, but are not sponsored". Q. Are you legally married or in a de-facto relationship (Pursuant to the Migration Regulations).

Furthermore, you state, "Her mother and three siblings are listed on her visa application, but are not sponsored". Sorry but that makes no sense at all. Firstly, to be included in a spouse visa application as secondary applicants they must be recognized as 'dependant' family members of the primary applicant, that is, your GF. Not all members of the applicants family unit will be classed as dependants.

If you are in receipt of Centrelink payments, I can see you having problems with your sponsorship being accepted. You need to be able to satisfy DIAC that you can support the Applicants primary/secondary for the first two years after they migrate.

Happy to answer any more questions, but try and break then down into individual questions.

Bridge

Hi Bridge,

Sorry for the confusion, but her family members are not sponsored or are they secondary applicants - we just listed their names on the form as being members of her immediate family (not dependents).

Secondly, we've been in a de-facto relationship for a couple of years.

Just to add also - her daughter is not a dependent, but I'm assuming that if she's listed on this application as my gf's daughter then it will make sponsoring her easier in the future (but we understand that she'll have to migrate by herself, and we would of course be her legal guardians).

[bangkokcc]

Happy to answer any more questions, but try and break then down into individual questions.

Yes, the confusion and emotion of the subject may have got the better of me on this one...

So I'll have a go boiling it down completely - if the girl is listed on the application as my gf's daughter, will we be able to sponsor her to come to Australia when she is 16 or 17 years old?

[bridge]

Hi Bangkokcc,

I can see at least a dozen or more issues in your OP that cause concern.

You state :"My gf is from Myanmar and is applying for an Oz spouse visa. Her mother and three siblings are listed on her visa application, but are not sponsored". Q. Are you legally married or in a de-facto relationship (Pursuant to the Migration Regulations).

Furthermore, you state, "Her mother and three siblings are listed on her visa application, but are not sponsored". Sorry but that makes no sense at all. Firstly, to be included in a spouse visa application as secondary applicants they must be recognized as 'dependant' family members of the primary applicant, that is, your GF. Not all members of the applicants family unit will be classed as dependants.

If you are in receipt of Centrelink payments, I can see you having problems with your sponsorship being accepted. You need to be able to satisfy DIAC that you can support the Applicants primary/secondary for the first two years after they migrate.

Happy to answer any more questions, but try and break then down into individual questions.

Bridge

Hi Bridge,

Sorry for the confusion, but her family members are not sponsored or are they secondary applicants - we just listed their names on the form as being members of her immediate family (not dependents).

Secondly, we've been in a de-facto relationship for a couple of years.

Just to add also - her daughter is not a dependent, but I'm assuming that if she's listed on this application as my gf's daughter then it will make sponsoring her easier in the future (but we understand that she'll have to migrate by herself, and we would of course be her legal guardians).

Firstly, as the Sponsor, you also sponsor all secondary applicants too.

Any family members can ONLY be included as secondary applicants if they are 'dependant' family members of the primary applicant as defined by the Migration Regulations. If not, sorry but they cant be included in the application.

As for de-facto relationship, are you aware of the requirements for a de-factor relationship as required by the Migration Regulations?

Bridge

[rick75]

In my experience DIAC treat children of the applicant who are under the age of 18 as dependant, they pay more attention to younger children as well, as they deem that the longer it is till they reach 18 the higher the chance they might want to migrate to Australia. My Wife has a son who lives with His father, that was there agreement on divorce, He is in no way denpandent on my Wife, however DIAC require him to have medical and all his paperwork in order much the same as if he was travelling with Her.

[bangkokcc]

In my experience DIAC treat children of the applicant who are under the age of 18 as dependant, they pay more attention to younger children as well, as they deem that the longer it is till they reach 18 the higher the chance they might want to migrate to Australia. My Wife has a son who lives with His father, that was there agreement on divorce, He is in no way denpandent on my Wife, however DIAC require him to have medical and all his paperwork in order much the same as if he was travelling with Her.

that's what i'd like to know. it will be difficult to look after her right now, but in a few years time when she a bit older it will be easier for us and her - we can pay for a better education, and prepare her for the move. so, is it ok to sponsor her to come out a few years after my gf has made the move - when she is about 16 or 17?

[bridge]

In my experience DIAC treat children of the applicant who are under the age of 18 as dependant, they pay more attention to younger children as well, as they deem that the longer it is till they reach 18 the higher the chance they might want to migrate to Australia. My Wife has a son who lives with His father, that was there agreement on divorce, He is in no way denpandent on my Wife, however DIAC require him to have medical and all his paperwork in order much the same as if he was travelling with Her.

that's what i'd like to know. it will be difficult to look after her right now, but in a few years time when she a bit older it will be easier for us and her - we can pay for a better education, and prepare her for the move. so, is it ok to sponsor her to come out a few years after my gf has made the move - when she is about 16 or 17?

You would not include her in the application now as a secondary applicant if she is not intending to migrate to Australia now. The more appropriate visa would be a dependant child visa at a time when she intends to migrate to Australia.