stu:0

I moved over to oz 4 years ago with an ex partner on a sponsership visa and whilst there gained pr. Our relationship fell appart but we both carried on living there all the time in Cairns.
The job i was working on was due to finish at the end of 2009 (new industrial instalation) and work had dried up in the city so i made the decision to return to the uk which i did.
Not long after arriving back i started a relationship with an ex girlfriend and we are still together now and have a 8 week old daughter and also a little boy of 7 from lisa's previouse relationship. We'r all very happy.
It was always a plan to maybe move back to oz and the feelings are getting stronger hence me writing on here!
WHERE DO I START???
Obviously i have my pr but what do i do about my new family, what visa do they need, do i need to start a fresh application. Really dont know where to start! I did the application myself last time but its a whole new kettle of fish this time! Think my visa runs out in 2013, we are thinking next year to head out there!

Any sensible replys welcome!


Stu

savageb

Well, I think the way to go is for your OH to go ahead with a suitable variant of the Spousal visa. Whether defacto partner (if you've lived together 12 months or more), spouse (if you're married), or prospective marriage visa (if you're engaged to be married). She will be the main applicant and you will be her sponsor (which you can be since you have your PR). Once you submit your application in good order, processing time is running right around 5 months these days.

This is where you should start:

http://www.immi.gov.au/migrants/part...rtner/309-100/

Good luck!

Kamie26

I'm not 100% about sponsorship visas. Did you have to sponsor your ex for her to get PR? If so, you may find that you are subject to the 5 year rule, which is that you can only sponsor a different partner every five years, so it would depend on when you got the PR to when you would be eligible to sponsor your new partner.

If you didn't sponsor her, then it's quite straight forward to a partner visa. Which one you go for is dependent on the relationship status i.e. de facto, married. It would also depend on what date your relationship started to weather you could for permanent residency straight away or weather you would be required to have the two year temp visa first.

The one stumbling block that you may have is your current partners child from her previous relationship. There are certain rules that have to be followed. From what I understand, you will have to get permission from the child's farther in the form of a sworn statement that he gives permission for the child to emigrate. If he does this, it can be pretty straight forward, if he doesn't then it can turn into a long and protracted battle in the courts. There are loads of threads about this on the site and lots of really good info.

stu:0

Thanks fo the replys. It could get more tricky by what your saying. When we got our residency my ex was the main applicant when the visa's were issued so does that make me sponserd by her?? It was all down as me as the main applicant under my trade right up until a week or two before the visa was issued then they put a block on trade applications been procesed with the recetion so they allowed us to switch main applicant to her under her nursing, two weeks latet pr was issued. Do you think this effects my current pr status? If so is it better we start a whole new application? Cost wise it wouldnt be much different?

Kamie26

I think that means that you were sponsored by her of sorts, but I don't think that it makes any difference to you as you now have PR. It would have only been a problem of you had sponsored her (and even that I am not 100% sure about) From what I know, your good to go, but its always good to get professional advice.

Bermudashorts

I don't think it affects your current PR status, but I do think it could mean you are barred from sponsoring your current partner. See limitations on sponsorship, page 15 of the attached. It mentions if you were sponsored in the last five years you cannot sponsor anyone else. The only grey area is whether you classify being a secondary applicant as being sponsored, we don't call it that, but the principle seems the same.

http://www.immi.gov.au/allforms/booklets/1127.pdf

The other thing I would recommend you look into early is the situation with the older child and the natural father, is he likely to agree?

stu:0

Thanks for the replys guys!

As for our boy there is no worries there, he's not been in his life from day dot, not interested and not payed a penny. My partner got a message from him a while ago saying i here your off to oz, hope it all works out for you so i camt see that been a problem!

Might just get some expert advice as far as my current pr status goes, dont want to do all the work then find out its a no go.

Thanks again

steve`o

hi stu ive no imput to this just wanted to say hallo and how are you

regards steve

stu:0

Hey steve, nice to see your still on here helping us sparkys out! Life has been a bit of a whirlwind over the past few years but think its time to be heading back over there!
Hows the job front looking over there, guess youl be doing well for work after the floods!
I landed a job back here in a heinz factory as soon as i got back, not really my cup of tea, 12 hr shifts butva job was a job! Think iv about coverd every type of electrical work there is now, need to get back to some instalation stuff though, thats what i prefer!
Good to hear from you mate!

Pollyana

The "sponsored by her" bit refers to Spouse visas. If someone comes as a second applicant on a skilled visa then they are NOT "sponsored" by their partner - the family may be covered by a sponsorship deal with a State or a forum, but this is irrelevant when you come to sponsoring a partner.

If the OPs original visa was a skills visa then it doesn't matter. The OP has a PR visa issued on Skills grounds and can now sponsor their new partner for a Spouse Visa.

Dorothy

Based on your earlier posts from a few years ago you have PR status based on your previous temp status. You were NOT sponsored by your ex, you were a secondary applicant which means you have PR in your own right. You can sponsor your partner and her son (you're going to need a stat dec from his father giving her permission to take him out of the country) and apply for a child visa for your baby together.

The people who were saying you were sponsored by your ex are incorrect - you were a secondary applicant on her visa application which was a skilled visa. You were not on a spouse visa.

Sally Simpson

Lots of luck