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Post by immiadvice on May 13, 2012 10:22:13 GMT 7
Randy, hi I am married also and want to have my wife and children here. I thought if we are on dsp we will not be granted a spouse visa for our wives. If that is not the case then i will apply for the visa so we can be together and she can come here and work. Partner visas are not means tested so income has nothing to do with it. You must show only that you have an income. The amount is irrelevant. My partner is just about to chalk up her first year living in Australia.
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Post by latindancer on May 13, 2012 11:54:40 GMT 7
our member latindancer returned to Australia alone and was not reinstated as single. As you know he's contesting it in the SSAT at the moment. Not exactly correct. I was reinstated at a single rate of pension when I returned. What I contested in the SSAT was the fact that I should not have had my payment reduced to a married rate for the 13 weeks that I was O/S following my marriage. I am claiming backpay of $1500. This is a huge sum to me because currently I have NOTHING....no savings and no assets. The last of my money ($2000) got spent paying for my wife's migration visa. I'm not holding my breath for the SSAT results though. The guy who heard my case didn't really let me speak much. Too busy speaking himself.
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Post by Banjo on May 13, 2012 13:35:43 GMT 7
OK, good luck with that.
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Post by chrisnouy on May 26, 2012 8:39:43 GMT 7
to latindancer I presume you returned to Aus without your partner/ If so why are they not treating you as living "separate and apart from your partner" In Cocks vs centrelink 2000 He was granted the single pension whilst living in australia for six months of the year. Seems like that sets a precedent have they advanced any reason to deny you the single benefit?
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Post by chrisnouy on May 26, 2012 8:45:47 GMT 7
to latin dancer To Latin dancer Sorry Ignore my last posting --just read your last post-- re single benefit Does your wife now have a migration visa? If so how long does it takes?
To Immiaadvice The forms i have seem to indicate that you need enough assets/income to support your partner for 2 years but you say you dont need assets Can you clarify a bit please
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Post by latindancer on May 26, 2012 13:16:34 GMT 7
Hi Chris, My wife is just about to apply for a Migration Visa. I've been putting it off due to the enormous paperwork. Current wait time is supposed to be about 10 months, so I'm applying for a Tourist Visa soon after that. Immigration here in Oz told me that this was the way to go in order to get her here sooner. But there are things to sort out first. I'm not sure if she can have her medical and interview here in Oz, instead of Thailand.
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Post by breadrolls on May 26, 2012 14:17:37 GMT 7
to latin dancer To Immiaadvice The forms i have seem to indicate that you need enough assets/income to support your partner for 2 years but you say you dont need assets Can you clarify a bit please Fill out the forms honestly but you have no need to show bank account details or proof of other assets. The embassy case manager will not ask for proof either. If they do they are breaking the law as the visa's are not means tested. My partner was granted a subclass 100 visa 4 months after lodging the paperwork. We had no assets in Australia and only an average savings account. We never showed them that anyway. On our first day in Australia together we went to Centrelink so she could claim parenting payment. All good. I am immiadvice but I lost my login details.
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Post by Banjo on May 26, 2012 14:51:44 GMT 7
I worked that out....
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Post by rowdy on May 26, 2012 16:51:05 GMT 7
to latin dancer To Immiaadvice The forms i have seem to indicate that you need enough assets/income to support your partner for 2 years but you say you dont need assets Can you clarify a bit please Fill out the forms honestly but you have no need to show bank account details or proof of other assets. The embassy case manager will not ask for proof either. If they do they are breaking the law as the visa's are not means tested. My partner was granted a subclass 100 visa 4 months after lodging the paperwork. We had no assets in Australia and only an average savings account. We never showed them that anyway. On our first day in Australia together we went to Centrelink so she could claim parenting payment. All good. I am immiadvice but I lost my login details. In assessing whether or not to approve an intending sponsor, consideration is given to the sponsor's circumstances, and whether those circumstances indicate an ability to comply with the sponsorship undertakings as required by regulation 1.20(2)(c) of the Migration Regulations. In partner visa cases where intending sponsors are unable to provide evidence of their means to support their partner, the application may be refused. DIAC policy however directs the decision makers to consider a discretionary assurance of support in the first instance rather than just refusing the application.
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Post by breadrolls on May 26, 2012 16:59:37 GMT 7
Fill out the forms honestly but you have no need to show bank account details or proof of other assets. The embassy case manager will not ask for proof either. If they do they are breaking the law as the visa's are not means tested. My partner was granted a subclass 100 visa 4 months after lodging the paperwork. We had no assets in Australia and only an average savings account. We never showed them that anyway. On our first day in Australia together we went to Centrelink so she could claim parenting payment. All good. I am immiadvice but I lost my login details. In assessing whether or not to approve an intending sponsor, consideration is given to the sponsor's circumstances, and whether those circumstances indicate an ability to comply with the sponsorship undertakings as required by regulation 1.20(2)(c) of the Migration Regulations. In partner visa cases where intending sponsors are unable to provide evidence of their means to support their partner, the application may be refused. DIAC policy however directs the decision makers to consider a discretionary assurance of support in the first instance rather than just refusing the application. There is no AOS requirement for partner visas anymore. Also it would be discrimination for the disabled to deny the visa based on the sponsor being on DSP.
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Post by rowdy on May 26, 2012 17:09:52 GMT 7
Breadrolls,
I stand corrected. I just saw that. No discretionary assurance of support from 1 Jan 2012 for partner visas.
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Post by chrisnouy on May 26, 2012 22:44:12 GMT 7
Thanks to all who replied I really appreciate the support. Ive just had the Aro review she sat on the file for three weeks despite being told it was urgent Then she rubber stamped the original refusal They are supposed to investigate all the circumstances but she nevr spoke to me untill i contacted her so how could she know my circumstanceas I have been reading up judgements and statements made by Judges and it is clear that Cl deliberately misuse the term "special circunmstances" Judge french spoke about it at length in Boscolo vs sdss 1999 and made it clear that special does not mean e xtraordinary or unique Just something not normal I.e. if there is no ability to pool resources the that is "special" because pooling is the norm Judge o Loughlin in cocks vs sdss said clearly it was illogical to recognise his wife as a partner solely for the purpose of reducing a benefit he was other wise entitled to as she has no entitlements under Australian law Cl seemingly try to ignore Federal court judgements Persistence is the key to rolling the bastards! I now move to the next level of appeal
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Post by spaceyone on May 27, 2012 14:54:11 GMT 7
Thanks to all who replied I really appreciate the support. Ive just had the Aro review she sat on the file for three weeks despite being told it was urgent Then she rubber stamped the original refusal They are supposed to investigate all the circumstances but she nevr spoke to me untill i contacted her so how could she know my circumstanceas Persistence is the key to rolling the bastards! I now move to the next level of appeal Go Hypoman. Exactly right, how can they call it an appeal, when only Centrelink get to have their say. Appeal to a higher intelligence.
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Post by chrisnouy on May 28, 2012 6:09:18 GMT 7
Re \Age Pension australia Does anybody know if an age pensioner can have their principal place of residence outside of australia Ie if the only place i own is outside of australia is it exempt from means test below given limits Will they still consider it a liquid asset
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Post by zorro1 on May 29, 2012 2:53:26 GMT 7
chris, Im assuming you have some property outside of aus already?
I cant vouch for the age pension but when I applied for the dsp I declared my os property and no probs at all, they do an INT. search and valuation Would they even know if we had property overseas without a declaration? how powerful are the war room computers? hmmm
I dont think it matters what its worth because you must declare it and as long as you are not renting it out then you shouldn't have any grief. Im sure one of the mods will give a more definitive reply
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