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Usama Arshad

Evidence of Relationship for 476

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Hi, I had applied for Recognized Graduate Visa 476 in December and it is now that I have finally received a reply in which they are asking me to refill the form 80 for both myself and my wife who was included in the application.

Although I had provided my digitally verifiable Marriage Certificate attested from the Foreign Ministry of Pakistan and also from the Chinese embassy (because my wife is a Chinese), the department does not seem to be convinced has asked us to provide more evidence of relationship.

Provide evidence of the financial aspects of your relationship. This may include:
● any joint ownership of real estate or other major assets
● any joint liabilities
● the extent of any pooling of financial resources, especially in relation to major financial commitments
● whether you or your spouse owe any legal obligation in respect of the other
● the basis of any sharing of day-to-day household expenses.
Provide evidence of the nature of your household. This may include:
● any joint responsibility for care and support of children, if any
● your living arrangements
● any sharing of responsibility for housework.
Provide evidence of the social aspects of your relationship. This may include:
● whether you and your spouse represent yourselves to other people as being married to
each other
● statements from family and friends about the nature of your relationship
● any basis on which you and your spouse plan and undertake joint social activities.
Provide evidence of the nature of your commitment to each other. This may include:
● the duration of your relationship
● the length of time you and your spouse have lived together
● the degree of companionship and emotional support that you draw from each other
● whether you and your spouse see the relationship as a long-term one.
● Please provide a relationship statement written from both Primary and Secondary
applicants which provides history of your relationship and addresses the criteria
above.

So what am I supposed to provide exactly? It doesn't help me one bit and doesn't specifically asks me for any particular document.

1. Financial Aspect
We dont own any financial assets together neither do we have any joint liabilities that can be proven. We live in China where all our transactions are digital on Alipay or WeChatpay so we dont even need any joint bank account or something. We pay our bills on Alipay or Wechatpay as well. Our salaries are received on Alipay. There are no receipts of anything. They just get registered as money transfers in the transactions list on Alipay or WeChatpay like anything else. What can we provide as proof of the basis of sharing of day-to-day household expenses?

2. Nature of Household
We live on rent and our rent document is 16 pages, all in Chinese. Can we just translate the necessary pages in the contract because getting the whole document translated from a registered translator is extremely expensive? And how the hell are we supposed to provide evidence of the sharing of responsibilities for housework? It makes no sense.

3. Social Aspects
We can provide signed statements from Family and friends but how many exactly required? And what does the "basis on which you and your spouse plan and undertake joint social activities" is supposed to mean and what kind of evidence in the Australian expecting?

4. Nature of Commitment.
We can provide relationship statement. Can we just write and just co-sign it?

These are my questions. I will be really thankful for getting a reply. I was only given 28 days to provide all the required details.

Thanks in advance.

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Your marriage certificate only evidences that you are legally married. It does not evidence that you and your wife have a mutual commitment to a shared life as a married couple to the exclusion of all others; and that your relationship is genuine and continuing; and that you live live together; or do not live live separately and apart on a permanent basis. This requirement can be found in Section 5F of the Migration Act. In assessing whether you meet the Section 5F criterion, the Department may (for a subclass 476 visa) take into consideration the factors you have listed, which can be found in Regulation 1.15A of the Migration Regulations

                    


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Just further to my last post. it is imperative that you provide evidence of your spousal relationship within the 28 day period to reply. If you feel you cannot provide all of the information by this date, you must advise the Department prior to the end of the 28 day period.


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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19 hours ago, AFV said:

Your marriage certificate only evidences that you are legally married. It does not evidence that you and your wife have a mutual commitment to a shared life as a married couple to the exclusion of all others; and that your relationship is genuine and continuing; and that you live live together; or do not live live separately and apart on a permanent basis. This requirement can be found in Section 5F of the Migration Act. In assessing whether you meet the Section 5F criterion, the Department may (for a subclass 476 visa) take into consideration the factors you have listed, which can be found in Regulation 1.15A of the Migration Regulations

                    

Thanks for providing me this reply. But I still don't know what exact documentation should I submit in my case? Do I just write down these factors on a piece of paper and submit? Along with relationship statement and signed statements from friends and family? Will that be enough to satisfy the department?

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25 minutes ago, Usama Arshad said:

Thanks for providing me this reply. But I still don't know what exact documentation should I submit in my case? Do I just write down these factors on a piece of paper and submit? Along with relationship statement and signed statements from friends and family? Will that be enough to satisfy the department?

I'm sorry but that is not a question I can answer. I do not know anything about the background of your relationship other than the brief narrative here. The factors listed (which can also be found in r.115A which I linked to) should give you a good indication of what evidence you could provide. You should also provide a detailed relationship statement where you can address things like your commitment to each other. Any documents submitted that are not in English must include a translation. 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Just now, AFV said:

I'm sorry but that is not a question I can answer. I do not know anything about the background of your relationship other than the brief narrative here. The factors listed (which can also be found in r.115A which I linked to) should give you a good indication of what evidence you could provide. You should also provide a detailed relationship statement where you can address things like your commitment to each other. Any documents submitted that are not in English must include a translation. 

Thanks a lot for your assistance. I have one last question. Why are they asking us to fill the form 80 again? They have not elaborated why but do they need us to change something?

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10 hours ago, Usama Arshad said:

Thanks a lot for your assistance. I have one last question. Why are they asking us to fill the form 80 again? They have not elaborated why but do they need us to change something?

Probably because they have overlooked that you submitted a Form 80. If nothing has changed, just submit the same one you provided.


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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On 7/22/2019 at 8:57 AM, AFV said:

Probably because they have overlooked that you submitted a Form 80. If nothing has changed, just submit the same one you provided.

Ok. I am very thankful for all your help. I have one last question. Please help me out in this one.
I think I had not mentioned a few short term visits back home simply due to laziness. Should I mention them now or let them go? Or should I also mention them and write a letter of explanation that I skipped them for being lazy in the previous form 80?

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On 8/3/2019 at 7:39 PM, Usama Arshad said:

Ok. I am very thankful for all your help. I have one last question. Please help me out in this one.
I think I had not mentioned a few short term visits back home simply due to laziness. Should I mention them now or let them go? Or should I also mention them and write a letter of explanation that I skipped them for being lazy in the previous form 80?

Submit a correct and accurate Form 80 as requested.  Provide all information as requested. Declare every relevant fact as requested (which includes your travel history).

Its a minor oversight.  As long as you get the accurate Form 80 in ASAP, I do not see a need to explain your 'laziness'. Laziness is not a good excuse.

 


 

 

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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