chapkenv

Dear FORUM:-
Dual query on how to apply for 309/100 visa for my de-facto partner and twin daughter dependants. I am a PR visa holder who has not been in Australia for some time after landing.

I landed on 19/07/2013 and stayed about 10 weeks till 05/10/2013.

The reason for leaving was to be with the then recently started family overseas. Because the twin children were born on 04/11/2013 I have been helping my partner a lot in childcare and have been corresponding with potential employers in AU via email only for initial interviews etc.

First, I need to prove I will be able to fulfill the sponsor 40SP form obligations although I have not been in gainful employment in AUS or elsewhere since 04/31/ 2013 and only provided some TESOL lessons to overseas students for informal fees? Prior to that I was working for a corporation, but now plan to change careers into healthcare.

Second, my relationship is a de-facto one for the last 17 months ( of which the Australian period mentioned above was spent separately from each other ) and the joint proofs we have are as follows;

1. some bank deposits/ withdrawals/ transfers etc. made intermittently into the partner's account or a joint account (the bank is really far and all transactions are made in cash in this seaside remote village so the record of shared livelihood expenses is hard to collect)

2. the parents' declaration that we have been living with them & other's 888 SDs
( there are no leases or bills available )

3. about three dozen family pictures taken over the months with parents, relatives, newborns etc (plus their Birth Certificate with our names)

4. some joint air/rail travel tickets and intermittent correspondence envelopes and a few stubs from times we went to the movies

5. phone VOIP bill / Skype records over the 3 month period of separation

Pollyana

The questions DIBP are most likely to ask are - do you intend to move to Australia with your family, and, most importantly if you are not working, and have not been working, how do you intend to support them here.

chapkenv

hi Pollyana, thanks for replying...

just the same as i would have if i had included them originally on my PR application, ya?

stupendously enough, i did not have the family at the time i was applying, and now i can't be in two places at the same time..catch 22: ie. prove the 12/month together for defacto AND be actively seeking work or actually working in AU

i can provide personal funds and savings accumulated prior, although they wouldn't last more than 10 mos maybe for afamily of 4, i have a sibling that owns house and could let us stay if needed, ya

best regards..

Pollyana

If your family had been on your original application then it would have been up to you how you proposed to support them, unless on a sponsored visa for certain States. For a Spouse Visa in your situation it is expected that you will be already set up in Aus with a job, and thats why they ask you for proof of income. Also the whole point of an offshore Spouse Visa is that you are sponsoring your spouse to join you in Aus - therefore the expectationis that youare either settled there or have firm plans to move.

In your shoes I would be including proof of recent job hunting in Aus, and get your sibling to write a Stat Dec mentioning the accommodation offer.