TMC&co

Please can anyone help us out with some info. Basically, I gained my australian residency by skilled migration 5 years ago. I am now about to lodge the application to sponsor my husband (been married 3 years and have a son who is 2 years old). He is a bricklayer and i am a radiographer. My question is do I need to have a job lined up to prove that i can support my husband. We are still in the UK and we are both in employment, but i haven't lined up any work for myself in oz. We are planning to go to Perth, and my husband ventured over in Feb and found that he should pretty much be able to start work asap. To be honest i would prefer to have a couple of months 'settling in time' with little one (ie) finding nursery, home!! etc..
Do you think me not having a job will affect our application? Any advice gratefully received.

ScottDavis

The application forms do not ask about employment in Aus at all if that helps

michellemac

Hi there,

My husband just got his spouse visa a few weeks ago. I am currently on Maternity Leave and have been self-employed for the 18 months before that with no accountant/official documentation of my pay (in the UK). I sent my CV and my invoices to clients (I worked freelance) with my sponsorship form and we had no problems or queries on this. In my statement outlining how I will fulfil my sponsorship obligations, I just outlined how much money we were taking with us and how long that would support us for. My dad and my brother did our statutory declarations which said that they were both prepared to put us up rent free and provide us with help settling in etc and I re-stated on my statement that we intended to stay with my parents and my brother whilst we were looking for jobs etc.

I am on a different computer at the moment, but if you like I can send you a copy of the word document with my statement on it if you want - just PM me if you want it.

Michelle

michellemac

Hi mate - was thinking about you the other day. Have you guys got your visa yet?

Michelle

TMC&co

Thanks thats really helpful! My sister and her husband are living in Perth so that should help, as we will stay with them initially. How long did it take to get the visa if you don't mind me asking?

JAJ

You don't need to have a job to sponsor for a spouse visa, but permanent residents do need to be "usually resident" in Australia. The Australian High Commission, London is apparently more flexible on this than some other DIMA offices offshore, but you may still need advice from a good agent familiar with the processing culture there. EG Ian Harrop - http://www.ianharrop.co.uk

Also - if you got your residence visa 5 years ago and haven't moved to Australia, is your visa still valid?

ScottDavis

Nope, they asked for more information to demonstrate our relationship prior to February 2001 which we supplied on the 15th March and heard nothing since.

I'm resigning on Monday so getting concerned in case my wife is rejected. It's been 3 weeks now.

michellemac

Eek! that's a bit scray! We also went to the wire with hubby's notice period and his visa but as you know it all worked out in teh end. Have you checked your emails today? As you know we got granted ours on a saturday.

Good luck though - I would think no news is good news. They seem to be pretty quick off the mark asking for more info if they need it.

Michelle

michellemac

Hi - we got it in just under three weeks.. It would have been much shorter but my husband only went for his medical a few days before we sent in the application, the time delay for them waiting for the blood test results etc and then sending them to the High Commission was what took the time. There are many on here who get theirs in much shorter times - less than a week in most cases if you front load with medicals and police clearances.

Good luck!!

Michelle

TMC&co

Hi,
My visa states that I have to enter Aus by August this year. I got my passport stamped in 2001 on a brief trip to Sydney after the visa was granted. Hadn't counted on needing an agent.... do you foresee a problem...apart from the fact that we have left everything very last minute!

justinehelen

Dear TMC & co

Do you intend to go to Oz by August this year if you get the spouse visa? If not you may need to prove that you have a continuing and close tie with Oz in order for you to be able to get a resident return visa. I was in a very similar situation to you but with me my visa had ran out. I was able to prove I had a tie with Oz as my sister is over there. After I got my resident return visa it was very easy to get my husbands spouse visa. It took 6 weeks and we were and still are in the UK whilst it was being processed. You don't have to have a job and you don't have to be living in Oz to be a sponsor. Good luck, I hope it all works out for you. We are off to Brisbane in August this year.

JAJ

In which case you have very little time left to get to Australia if you want to keep your PR. You must be physically in Australia on the last date of the visa (there is no flexibility) and you cannot leave Australia after that date (not even for a short holiday) until you get a Resident Return Visa (RRV).

Do not leave it to the last minute to go back to Australia - people lose their PR that way if something then happens to delay things further.

Once you are back in Australia and clearly living in Australia (ie, not just visiting) then you may be able to get a 5 year RRV on the basis of "substantial ties". see form 968i:
http://www.immi.gov.au/allforms/pdf/968i.pdf

And as regards sponsoring for a spouse visa, once again - as you are not an Australian citizen you must be "usually resident" in Australia. The Australian High Commission is anecdotally more flexible on this rule compared to other DIMA office, but it does make your case less than simple.

JAJ

Under the Migration Regulations, persons who are not Australian citizens must be "usually resident" in Australia to sponsor for a spouse visa (this rule does not apply to a child visa).

How that is enforced by various DIMA offices offshore is a grey area and seems to vary from one office to another, however that is the rule.

TMC&co

Thanks for the positive outlook! We plan to go back in July this year, heading for Perth as my sister lives there. I Know we are pushing it time wise with my Husbands visa...keeping fingers and toes crossed!! He and our son have completed medicals, police clearance in the pipeline. Now its a waiting game. Good luck in Brisbane, I worked @ one of the hospitals whilst there back in 1999.....great people!!Very sociable!!
Cheers T

smurtaza

Hi,

How much time does DIMA-Sydney Office usually/practically takes for the processing of Spouse Visa Stage 2?

Thanks