ausstudy and spouse visa.

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Old Aug 31st 2014, 10:06 pm
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Default ausstudy and spouse visa.

Hello everybody !
i am new to this forum. I have a question. I am australian permanent resident who is sponsoring my wife. I have been in australia for more than 2 yrs and so have successfully completed my newly arrived resident waiting period.

I am obtaining my masters degree and work part time. I was wondering, if I were to claim ausstudy benefits from centrelink, would that hamper my partner's application.

is claiming ausstudy not relevant to her application or can the case officer request a discretionary assurance of support if i claim ausstudy payments?

Thank you.
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Old Sep 4th 2014, 6:39 am
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Default Re: ausstudy and spouse visa.

not bumping this or anything... but could anybody pls help? thank u.
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Old Sep 4th 2014, 7:53 am
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Default Re: ausstudy and spouse visa.

Originally Posted by migrant1
not bumping this or anything... but could anybody pls help? thank u.
Does look like a bump

I don't know much about spouse visas but as sponsor, don't you have to show you can support your spouse if the visa is successful?

Also, you need to show the relationship is genuine - you have been in Australia 2 years, where is your wife?
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Old Sep 4th 2014, 8:44 am
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Default Re: ausstudy and spouse visa.

she is just arrived 2 months ago on temporary visa and i am just completed my 2 year period... so not too sure if i can claim ausstudy as i fear it might impact her application.

i wish to know if it says i have to be self sufficient to be a sponsor.. coz technically i would be claiming ausstudy for my self and still working part time to afford my wife

Last edited by migrant1; Sep 4th 2014 at 10:09 am.
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Old Sep 4th 2014, 8:57 am
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Default Re: ausstudy and spouse visa.

Originally Posted by migrant1
she is just arrived 2 months ago on temporary visa and i am just completed my 2 year period... so not too sure if i can claim ausstudy as i fear it might impact her application.she is just arrived 2 months ago on temporary visa and i am about to complete my 2 year period... so not too sure if i can claim ausstudy as i fear it might impact her application

i wish to know if it says i have to be self sufficient to be a sponsor.. coz technically i would be claiming ausstudy for my self and still working part time to afford my wife
I do not know, and not sure if many will. Perhaps seek advice from a MARA agent.
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Old Sep 4th 2014, 11:59 am
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Default Re: ausstudy and spouse visa.

Originally Posted by migrant1
she is just arrived 2 months ago on temporary visa and i am just completed my 2 year period... so not too sure if i can claim ausstudy as i fear it might impact her application.

i wish to know if it says i have to be self sufficient to be a sponsor.. coz technically i would be claiming ausstudy for my self and still working part time to afford my wife
So is she already here on her Temporary/Provisional Spouse Visa? If so, there is no problem with you applying for Ausstudy. At te end of the two years, when her PR is due for grant, you just have to prove that the relationship is still ongoing. You do not have to prove then that you can support her financially. That is only for the temp visa
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Old Sep 4th 2014, 10:52 pm
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Default Re: ausstudy and spouse visa.

Originally Posted by Pollyana
So is she already here on her Temporary/Provisional Spouse Visa? If so, there is no problem with you applying for Ausstudy. At te end of the two years, when her PR is due for grant, you just have to prove that the relationship is still ongoing. You do not have to prove then that you can support her financially. That is only for the temp visa

Thank you pollynana for the speedy reply. One thing i would like to ask, is it somewhere on the immigration website/ family migration booklet that a sponsor has to be able to support her financially only for temp visa and there is no need to prove for the stage 2 of the visa.

Thank you once again for all the help.
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Old Sep 5th 2014, 6:23 am
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Default Re: ausstudy and spouse visa.

Originally Posted by migrant1
Thank you pollynana for the speedy reply. One thing i would like to ask, is it somewhere on the immigration website/ family migration booklet that a sponsor has to be able to support her financially only for temp visa and there is no need to prove for the stage 2 of the visa.

Thank you once again for all the help.
Just look at the info for the permanent stage in the Spouse booklet. Added to that I have been through it myself, as have many of my friends.
Basically, they cannot ask you to financially support your spouse after he has PR because then she has her own independent visa. She can even divorce you the day after its granted, and stay in Aus permanently. Once she has PR you are no longer her sponsor, financially or otherwise, she is an independent person and must support herself
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Old Sep 5th 2014, 8:21 am
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Default Re: ausstudy and spouse visa.

hi pollyana, just want to make sure, r u confusing the aussstudy after she get pr or before she gets pr. She still has about 9 months left before she would get her pr. i am talking about the period from now on to her pr stage...
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Old Sep 5th 2014, 12:32 pm
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Default Re: ausstudy and spouse visa.

Originally Posted by migrant1
hi pollyana, just want to make sure, r u confusing the aussstudy after she get pr or before she gets pr. She still has about 9 months left before she would get her pr. i am talking about the period from now on to her pr stage...
She already has the Temp Visa. Therefore you have already proved to the satifaction of DIBP that you can support her for the time until she gets PR.

They will not want any more paperwork until she is due for PR, and even then they will not ask you to prove you can support her from that point onwards because she will be permanent and indepedent Supporting herself. The only time that you have to convince them you can support her financially is when the paperwork is filed for the TEMP Visa. You-ve done that, its been granted. Go ahead and apply for Ausstudy, its fine.
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