Relationships are always a tricky trade for anyone. Sometimes things happen unexpectedly. In many occasions the relationship can break down, which is unfortunate.
Last Saturday I was listening to the ABC radio which contained a quite interesting discussion about a situation surrounding a Partner Visa. The visa applicant had a child with her Australian partner, but the relationship had broke down before she became a permanent residence. That lead to the unsuccessful acquisition of her permanent visa application, Partner Visa.
It is important for all visa applicants to know that under the Partner Visa category, in order for the visa applicants to successfully get his/her visa approved, the relationship needs to be long-term, genuine and continuing.
If the relationship has broke down, it will always result in a problem. Having kids with your partner, does not promise that you will get a permanent residence visa as the relationship is no longer continuing.
It will always be hard on the child, because if the child was born here in Australia, he/she is an Australian citizen and the government needs to look after and provide a social welfare for that child.
At the moment, there is no visa category that lets an Australian citizen child sponsor his/her parent to get a permanent residence in Australia.
Things can get more complicated, if the visa applicant needs to return home and if that parent has the sole custody of the child, that means that the Australian citizen child will have to live in the foreign land, away from Australian grandparents...etc. It can be heart breaking for the family as well.
I'm not saying that people need to bear with unhappy relationships. However, it is important to know this information so that you can plan and deal with a situation and hopefully have less impact to your life and the child's future.
Partner Visa, relationship needs to be stable
For those people who want to apply for a Partner Visa, either by marriage or de facto ground (both same sex and opposite sex). It is important that the relationship is long-term, genuine and continuing.
If a relationship has just started, although it is genuine and continuing, if its not a long term one I personally suggest that both parties get to know each other and ensure that the relationship is going to be stable and long-term.
If the sponsor still has doubts about the visa applicant, for example:
If a relationship has just started, although it is genuine and continuing, if its not a long term one I personally suggest that both parties get to know each other and ensure that the relationship is going to be stable and long-term.
If the sponsor still has doubts about the visa applicant, for example:
- afraid that the visa applicant will have half of the property or half of the money if the relationship breaks down....etc..
If any of that type of thought comes to sponsor's mind, it is better that both parties sit down and talk things out.
If things didn't work out, it is better that both parties just walk away and do not proceed with a Partner Visa application. It will save lots of unnecessary headaches and each others time.
Check your visa conditions to see if you are eligible to apply visa onshore
Understand that many people come to Australia with different types and categories of visas. Eventually lots of people want to renew and extend their stay. In order for people to apply for another visa or renew their visa while they are in Australia (apply onshore), they need to ensure that their existing visa does not have any conditions that prohibit them to apply onshore.
Visa conditions 8503 is a "No further stay" condition. That means the visa applicants are not allowed to apply for another visa while they are in Australia. There are only a few exemptions!!
So, before you even think about applying for another visa, please check your visa grant notice whether or not you have that visa condition; 8503. It is easy to check.
If you don't know how to do that, please feel free to contact "J Migration Team", we love to help.
Visa Application Charge dues to increase this 1 July
As expected, this coming 1 July 2015 there will be about 2.3%-5% increase in most of the visa application fees. It is recommended that people lodge your application a few weeks before as there will some computer maintenance due to this fee changes.
Whatever you do, please plan a few weeks or months ahead as some document take time to gather and prepare.
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