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Discussion Starter · #1 · (Edited)
Hi my husband and i have been married for 9 months, we applied for a defacto/spouse visa about 11 months ago...we had only been living together 6 months at that time...today we recieved an email stating "Since you do not meet the criteria on de-facto grounds at time of application, you have the option of withdrawing the application, by August 2012, or if you have any compelling or compassionate reasons as to why this requirement should be waived, then please give reasons in writing by August 2012. " What should we do, my husband is now a stepfather to my children is that compassionate grounds...or should we withdraw the visa and apply again...pls help
 

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I am not an expert, but I reckon that you wont have much chances of getting the visa if you only had been living together for 6 months at the time of the application! Unfortunately, they only look at that date (date of application) and I went through some tribunal cases and they seem pretty strict.
If I were you, I would either consult a migration agent/lawyer or withdraw the application and reapply (if that is possible). If you reapply you would most likely satisfy all the requirements by now and the "only" thing is that you have to pay the money again and wait it out.

If you appeal it could take ages and you will be unsure for the next few months, and in case you loose you will have to pay the appeal as well!

Asking an agent might be a good first step!

All the best!
 

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Discussion Starter · #3 · (Edited)
thank you so much for your reply!!..i think we might have to reapply too. can we use the same documents in the first application or will we have to submit new ones? eg stat declarations from friends, bills etc
 
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