Death of sponsor

[janmal]

Visa applied for in October 2008 with all required paperwork. Aunt who was our sponsor has sadly died. Where would we stand with our application now? Would my uncle who was also named and certified on all the documentation able to continue as our sponsor? Would we need to apply again!

[Guest Gollywobbler]

Visa applied for in October 2008 with all required paperwork. Aunt who was our sponsor has sadly died. Where would we stand with our application now? Would my uncle who was also named and certified on all the documentation able to continue as our sponsor? Would we need to apply again!

 

Hello Janmal

 

I am so very, very sorry to hear your sad news.

 

DIAC exercise great compassion in a situation like yours. As far as I know, in this situation they will disregard the blood-legal relationships and will allow your widower uncle to become your sponsor instead.

 

I am not sure about the mechanics involved. I will try to get you some help about that.

 

A beloved aunt of mine died in March 2009, very suddenly. I loved Aunt Poppy to bits and I find it very hard - so I know how you feel, hon. In my experience, you don't, "Get over it." That is rubbish. However you do, "Get used to it," which is a different idea altogether.

 

Hugs :hug:

 

Gill

xx

[BuddysMum]

I am so sorry.

 

Hope your uncle is ok. And also hope that you can find a way around the sponsorship even though it is possibly the last thing on your uncle's mind right now.

[George Lombard]

Hi Janmal,

 

In similar circumstances DIAC has to my knowledge transferred sponsorship to another eligible relative in the past, and in fact it's considerably easier under the present legislation, so I would suggest you get your uncle organised to lodge a sponsorship in his own right as soon as possible. FWIW the legislation says that an aunt or uncle can be a sponsor but doesn't give a definition, so you're able to rely on the meaning in the dictionary, which doesn't mention that there needs to be a blood relationship.

 

Strangely, the PAMS (Departmental internal guidelines) were quite clear about survivorship requirements until the new system was introduced on 1 September 2007:

 

79.2 Sponsorship by non-blood related uncles and aunts

If an applicant is relying on sponsorship (for Schedule 2 or Schedule 6A purposes) by a non-blood uncle or aunt, decision-makers should note the following:

• if the relationship between the uncle and aunt has ceased through divorce or permanent separation, the applicant generally cannot be taken to be the nephew/niece of the non-blood relative, sponsorship in these situations should be approved only if the uncle/aunt related by blood sponsors the applicant

• if the blood uncle/aunt has died, policy intends that the non-blood uncle/aunt be permitted to sponsor their niece/nephew only if the relationship between uncle and aunt was on-going at the time of death (ie the couple had not divorced or separated), unlike the first scenario, the surviving non-blood aunt or uncle may still be regarded as part of the family and be permitted to sponsor the applicant.

 

 

I am not sure that a similar comment has been put into the current PAMS (but perhaps someone with more time than I have today could follow that up).

 

Cheers,

 

George Lombard

 

 

 

Cheers,

 

George Lombard

[janmal]

Thanks for all your replies. When you are caught up in a process that is outof your control and then something like this happens it is a great help to have the support and guidance. Hopefully my uncle will be able to deal with this when he feels ready. So wish everything could have been processed and we would have been there! Thanks for the support. Jan