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| Subject: Opinions/suggestions requested :) |
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Good morning:)
I´ve been lurking here for a bit and have actually posed this question on another site, but received limited response. So I was wondering if maybe anyone on here might have some insight suggestions:
I´ve been reading these forums for a little while now, searching for a possible solution to my dilemna and there just doesn´t seem to be a clear cut answer. I have contacted an immigration lawyer and requested caips notes to review with him, but for my own peace of mind, I´ve decided to ask for your opinions/suggestions to what I think might be a problem.
I am currently in the process of attempting to sponsor my SO from Aus. We have been in a committed relationship for 2 years this October and in April of this year, I submitted an application to sponsor him under the conjugal partner provision, believing this best suited our circumstance at the time, not knowing how complicated or how restrictive this particular class was at the time. My application to sponsor him was approved and his application for PR was received in Sydney in May of 09. Earlier this month he received a letter stating that he required an interview, so I´m assuming, without having received the caips notes, they are questioning the relationship. Looking at it now, if it comes down to only qualifying under this class due to immigration restrictions or not being able to marry for legal reasons, the only real leg we have to stand on is the fact that my divorce is not yet finalized but that is only just a matter of time. So my suspiscion is that it will be rejected based on the fact that we only need to wait for my divorce to be finalized and then have no legal barrier to marriage.
My question is, assuming that our application meets its likely sad fate...what then would our options be? Would it be more timely to be married and reapply to sponsor? Could he apply for a work permit once the application was filed and if so what are the timelines? Or would it be possible to apply for a working holiday visa and then we could live together until we met the requirements for common-law? At this point I am just wanting to know what some options are to get us reunited in the most timely manner possible but he is quite adamant that he doesn´t want to relocate here and not be able to work, which I completely understand. A few weeks off is a treat...6 months to a year of forced dependancy would be brutal. I have a feeling that by approaching our application the way we have, we may have already lost many precious months so whatever suggestions/recommendations/ideas any of you might have would be greatly appreciated.
Thanks in advance :)
[26-08-2009,12:21]
[**.110.223.244]
DMR |
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(in reply to: Opinions/suggestions requested :))
if they blow the conjugal file out of the water (and they might for the reason you have suggested but I would have thought they would have disqualified you to sponsor if that was the issue)... work permits are only applicable if you are doing an inland application. You really don´t want to do that - 2 reasons - they take forever, and there is no option for appeal if something goes sideways.
I would be inclinded to wait for the interview and see what happens. If they say no... get that divorce sorted out asap and get yourself married if that is what you want to do. You have created a file before so you know the drill. This time there is a valid marriage license.
Apply for an Outland sponsorship. He won´t be able to work but hopefully the wait will not be too long.
Roy may have another idea
[26-08-2009,14:39]
[***.20.74.169]
Sharon |
(in reply to: Opinions/suggestions requested :))
Thanks for the quick response Sharon.
My initial thoughts were the same - that it would have been caught at the sponsorship portion of the application but of course I read stuff on the net and the more you read the more confusing and disheartening it gets.
Marriage is definitely in our future, its just not something that we wanted to do to satisfy immigration. Kind of takes the sentiment out of the ceremony...but if that is what it takes.
You don´t think the working holiday visa would be an option? I´m not sure how long those take to process or even if he could apply for one with a PR app in process?
Looking forward to hearing from Roy as well :)
[26-08-2009,14:52]
[**.110.223.244]
DMR |
(in reply to: Opinions/suggestions requested :))
bump..anyone with other thoughts/ideas/suggestions?
[31-08-2009,11:23]
[**.110.223.244]
DMR |
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