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RoseNJ

Infor related to sponsor- who & duration for the approval; separate immi account for partner visa; Police chcek certificate

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Hi there,

It would be really helpful if you kindly answer these questions asap, please.

1. Can a sponsor also be a partner/spouse in future? Can he apply for the "sponsor approval (under the partner visa requirement- so far I understand)" right now though we plan the wedding at the beginning of April? If YES, what are the papers he needs to submit, please?

2. "Approximately" how long it may take to get the sponsor approval (before applying for partner visa 801)?

3. Right now, I'm on a student visa and have an immi account. Do I need to have another immi account while applying for the partner visa?

4. I lived a country more than 12 months (for example, 4 March 2013 to 27 March 2014). However, within this time, I travel to two other countries for 12 days and three weeks respectively. So, do I need to have a police check certificate from the first country (the immigration requirement is " police check is needed for a minimum stay in a country for 12 months during the last 10 years")?  

Thanks so much.

Kindest regards,

Rosie

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33 minutes ago, RosieNY said:

1. Can a sponsor also be a partner/spouse in future? Can he apply for the "sponsor approval (under the partner visa requirement- so far I understand)" right now though we plan the wedding at the beginning of April? If YES, what are the papers he needs to submit, please?

Currently the sponsor approval application cannot be lodged before the visa application as you need the Transaction Reference Number (TRN) or application ID to lodge the sponsor application.

Also you need to be married or in a defacto relationship* prior to lodging a partner visa application. 

*defacto relationship has a defined meaning in immigration law. 

34 minutes ago, RosieNY said:

2. "Approximately" how long it may take to get the sponsor approval (before applying for partner visa 801)?

See above for the answer to this also

35 minutes ago, RosieNY said:

3. Right now, I'm on a student visa and have an immi account. Do I need to have another immi account while applying for the partner visa?

No you can use the same account. 

36 minutes ago, RosieNY said:

4. I lived a country more than 12 months (for example, 4 March 2013 to 27 March 2014). However, within this time, I travel to two other countries for 12 days and three weeks respectively. So, do I need to have a police check certificate from the first country (the immigration requirement is " police check is needed for a minimum stay in a country for 12 months during the last 10 years")?  

If you stayed in the country for 12 months or more in total then you need the police check.

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1 hour ago, RosieNY said:

Thanks a lot, Nightcall, for your very quick & kind response, I DO appreciate!

Best,

Rosie

No problems.

What may have confused you is that on the 28 November 2018, the government approved the Migration Amendment (Family Violence and Other Measures) Bill which will require sponsors to apply to be approved as sponsors before a partner visa is applied for.

The Bill must receive Royal assent and go through a few processes before they become law and the requirement is in place. 

The timeframe for processing pre-approval is not yet known, but 2-3 months is the talk at the moment. 

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On 1/4/2019 at 11:15 PM, Nightcall said:

The Bill must receive Royal assent and go through a few processes before they become law and the requirement is in place. 

"Royal Assent".  Have not heard that term in nearly 30 years.  The process was 'commuted' in 1991 at the Harare Declaration.   Everything except base constitutional amendments (and even that's debatable) are now solely approved by the GG.  Even Whitlam's dismissal was only endorsed by the GG. Dont get me wrong I am a closet Royalist, but Australia now operates (since 1991) as an independant state, Privy Rights and Royal Ascension are long gone.  God Save the Queen !


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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13 hours ago, AussieDude said:

"Royal Assent".  Have not heard that term in nearly 30 years.  The process was 'commuted' in 1991 at the Harare Declaration.  

Not sure where you have been for the last 30 years, but it's still is called 'Royal Assent', suggest you have a read of the Australian Constitution. The Governor General 'Assent' a Bill in the Queen's name, at his discretion, but subject to the Constitution. He also can do a number of other things with the Bill, but its still 'Royal Assent'

The Harare Declaration is nothing more than a voluntary agreement, it by its very nature can not override Australia's (or any countries) laws or Constitution.  

Oh and by the way, Australia became an independent nation in 1901 not 1991.  You may be getting confused with the Australia Act and State based 'Royal Assent'. 

 

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