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AFV

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AFV last won the day on September 17

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  1. AFV

    From who's perspective - 47SP n 40SP

    @ispy8338 as the issue of relationship statements comes up regularly on the forum. You have prompted me to do a detailed post on the topic. See: Handy tips for applicants and sponsors writing their personal relationship statement
  2. As part of an Australian partner visa application, both the sponsor and applicant will be required to write their own personal relationship statements which will be included with the partner visa application. This is a very important part of the partner visa process as it will allow the sponsor and applicant to detail to the decision maker all of the circumstances of their relationship. Whilst there is no set length to how long or short a personal relationship should be, generally 4 to 5 pages is considered adequate enough. If a statement is written in a language other than English, then it must also be submitted with an English translation. A personal relationship statement can be hand written or typed, but must be signed and dated. There is no requirement that a personal relationship statement be in statutory declaration format. Supporting witness statements are however done in statutory declaration format using the Form 888. The applicant and sponsors personal relationship statements will help to evidence that the relationship is one that is both genuine and continuing as required by the Migration Regulations. This is the opportunity for the sponsor and applicant to outline their relationship in their own words. Handy tips for applicants and sponsors writing their personal relationship statement Explain how and when you and your partner met, including the exact date your relationship commenced. Let the case officer know how your relationship developed over time. Did you start off firstly as friends? How long did you know each other before you committed to a relationship? Make this part as detailed as possible. It is not expected that you will be a perfect speller, but do your best to ensure that your spelling and grammar is correct . Ensure that place names, your partner’s name and family members names are spelt correctly. Attention to detail is very important when writing your personal relationship statements. Have you and your partner been separated for any periods of time during the period of relationship? If so, not only explain the reasons for the periods of separation, but how you kept in contact and how frequently during this time. Did you keep in contact through phone calls, text messages, instant messaging apps or emails etc? You should explain how your relationship developed and became more serious over time. Have any significant events occurred? For example pregnancy or the birth of a child. Perhaps your partner helped you through a difficult time or did something to really demonstrate a commitment to each other. Provide details of the development of your relationship and let the case officer know when your partner was first introduced to friends and family. It is important to note, how family members, friend and acquaintances view your relationship is also taken into consideration. Being jointly invited to events shows that your relationship is recognised by your family and friends. Any invitations you have, perhaps to a wedding or a birthday party, be sure to save these for the application. Anything you have with both your names on it is very important. It is very important that you use your personal relationship statement to demonstrate the nature of your household. For example, who does the cooking and cleaning? Perhaps you equally share these household chores. Do you do the grocery shopping together? Your personal relationship statements should also explain how you share your finances and meet your expenses as a couple. Explain how you deal with financial commitments such as rent or mortgage payments, credit cards, car loans or food shopping. Do you share a joint bank account? Are your salaries paid into the same account? How do you pay utility bills? Have you prepared a joint will or named your partner as your superannuation beneficiary? Have you purchased joint insurance policies? Sharing financial commitments is a major part of proving that you’re in a genuine relationship, so this part should be fairly comprehensive. Not only do you need to show that your relationship is genuine, you also need to show that it is ongoing and continuing. Your plans for your future together are very important. Use the personal relationship statement to detail any future plans. For example, perhaps you have a holiday coming up, or you are going to purchase some property or a car for example. You should also explain what your plans are in terms of having children or perhaps getting married if you aren’t already. You need to evidence the length of your relationship, so ensure that your personal relationship statement has accurate dates. Remind the decision maker about the length of time you’ve been together and make sure you mention important dates such as when you began living together on a full time basis. When preparing your personal relationship statement, it may be helpful to do a draft first. Work off a timeline of events. In fact use whatever method helps. Remember, it is your own personal relationship statement. It is also very important that the applicant and sponsors statements do not contain any contradictory information. Always check your names, dates and places.
  3. AFV

    Prospective Marriage Visa Fees

    The criteria for the grant of a tourist visa and a prospective marriage visa are very different. Unfortunately there are many people who apply for apply for a tourist visa during the processing of a partner visa, whether it be marriage, de facto, prospective marriage, and have been refused a tourist visa, for simply not meeting the requirements for the grant of a tourist visa. Please be assured however that a refusal (in the absence of providing any false information of course) will not impact on the prospective marriage visa application.
  4. AFV

    Prospective Marriage Visa Fees

    Entirely at the discretion of the case officer.
  5. Unfortunately I cannot offer any solution to this other than the need for your partner to be legally divorced. Without that, she will simply not meet the criteria for the grant of the prospective marriage visa.
  6. Indeed, What is ideal is: Letter of employment confirming: position, length of employment and current salary. Letter must include full contacts details (address and telephone) of employer. Salary statements Bank statement that corroborates the applicants stated income.
  7. The problem is that the "not be married to anyone when a decision is made" is a time of decision criteria. Even with the lengthy processing time frames for the prospective marriage visa, it is always advisable to see at time of application whether there is going to be any forseeable problems with obtaining a divorce. If there are, then I highly recommend applying after the divorce has been finalised. A lot of time and money is spent on a prospective marriage visa application. To have it refused for not satisfying this criteria would be a big disappointment.
  8. You beat me to it Aussie_83. @g_ball57 You partner must be divorced from her husband. It sounds like her application is decision ready. It is a requirement at time of decision for a prospective marriage visa that there is no impediment to the marriage in Australian law. If she is still legally married, then she will not satisfy the time of decision criteria and the application will be refused.
  9. Welcome to the Australian Visa Forum, IF you and your partner legally marry AFTER the prospective marriage visa is submitted, but BEFORE a decision is made on the visa application, then the applicant (your partner) is taken to have made a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa application on the day Immigration receives notice of the marriage. Note: the class BC & UF are the offshore subclass 309 & 100. Put simply your partner would have been taken to have applied for the offshore partner visa, and must therefore be outside of Australia at time of decision. He must continue to fully comply with all of the conditions of his current tourist visa. See also: Marrying before a decision is made on the Prospective Marriage visa application
  10. AFV

    Prospective Marriage Visa Fees

    Feel free to contact us through our website: Australian Family Visas
  11. IMHO the partner visa application isn't really helpful with regards to what they mean by the nature of commitment. That is indeed very subjective too. What one person take to mean nature of commitment, someone else might think something entirely different. This is why I always like to go the source, being the Migration Regulations. This is a great tool to use to aid your responses to those questions asked. For example Regulation 1.15A of the Migration Regulations provides for the following, and including all of the circumstances of the relationship to be considered, in assessing a spousal relationship: the financial aspects of the relationship, including: any joint ownership of real estate or other major assets; and any joint liabilities; and the extent of any pooling of financial resources, especially in relation to major financial commitments; and whether one person in the relationship owes any legal obligation in respect of the other; and the basis of any sharing of day-to-day household expenses; and the nature of the household, including: any joint responsibility for the care and support of children; and the living arrangements of the persons; and any sharing of the responsibility for housework; and the social aspects of the relationship, including: whether the persons represent themselves to other people as being married to each other; and the opinion of the persons' friends and acquaintances about the nature of the relationship; and any basis on which the persons plan and undertake joint social activities; and the nature of the persons' commitment to each other, including: the duration of the relationship; and the length of time during which the persons have lived together; and the degree of companionship and emotional support that the persons draw from each other; and whether the persons see the relationship as a long-term one.
  12. AFV

    Prospective Marriage Visa Fees

    Welcome to the Australian Visa Forum, There is only one visa fee for a prospective marriage visa application, which must be paid in full at time of application for it to be a valid application. That fee is currently $7160. After the applicant and sponsor marry (complying with the conditions of the prospective marriage visa), then the fee for the onshore partner visa (subclass 820/801) is $1195. There is no provision to pay less at application/more later etc. From experience, offshore PMV and subclass 309 (partner), processing time frames is generally same. If you meet the criteria for a subclass 309 (married or de facto) you will save yourself the $1195 fee.
  13. AFV

    From who's perspective - 47SP n 40SP

    I can't see a problem with that. I note that you have been married for 14 years and have 2 children who are Australian citizens. I would not at all be surprised if the decision maker grants the permanent in the first instance without the temporary partner.
  14. AFV

    From who's perspective - 47SP n 40SP

    Indeed the 40SP and 47SP ask many of the same questions. The 47SP is the applicants application, whereas the 40SP is your sponsorship. As the 47SP is the application, those questions in relation to how the relationship developed are asked of the applicant.
  15. Sorry, I corrected my post above. The statements would be expected to mirror each other to a certain extent, but word for word copy is not a good idea. After all these are personal relationship statements. Each partner should do their own statement in their own words. The point I was trying to make, is that both the applicant and sponsor are in a genuine spousal relationship, so times, dates, places, events etc would be the same, but statements must be in the first person.
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