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Discussion Starter · #1 ·
hello everyone
I am French and my husband is Australian
I made a brief explanation
arrived in Australia with an e visitor then extended by 12 months with a tourist visa I got married last year. When we wanted to apply for a spouse visa in Sydney we have been denied because I had marked "No Further Stay '. But I was never notified of this statement it was not on my grant letter. I was told it was a mistake of the case officer who handled my request but I was still forced to leave Australia to apply in berlin
This will make about 6 months and yet I've waited my country is a low risk country :confused:
can you give me your personal experience or information on the financial aspect of spouse visa
everything is good in my application: proof that we live together for almost 2 years, our marriage certificate, statement of the family and friends, medical examinations and police certificate provided ............. ....
My CO asked me to provide an AOS because in the time of my application my husband is unfortunately found a few months unemployed
The AOS was denied because he lacked $ 1,600 over the year to arrive at the amount required by centrelink
Fortunately in the meantime my husband has found a permanent job but also very important I have a guaranteed job in Australia as soon as I return home (i provide employer letter to my CO).
I like to know if some of you there was a guaranteed job and if it could help them get their spouse visa
I am unemployed in France and I get benefits I hope it does not interfere with obtaining my visa
Thank you for sharing your experience or suggestions. In my case it's just the financial aspect which could pose aI had my telephone interview last week but I was so nervous that my answers were hesitant (and sometimes stupid) hopefully my CO will understand my emotions and that the visa is not only on its assessment after this Interwiew problem
 

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That's a bit of a rough deal you have had there Fraussie for if Immi had made a mistake in issuing the visa they should have allowed you to apply onshore though it seems it could have been the visa had a No Further Stay condition but that was not conveyed in the confirmation advice.
Even so, I would expect that you could have just gone as far as NZ to lodge an offshore visa and while it was being processed you could have returned on another tourist visa but that is all water under the bridge now.
Re an AoS, your husband would have had to seek other people to be an Assurer amd hopefully that has not put your application off the rails.
Re the interview, it is normal to be a bit anxious and nervous and COs are aware of that and if you have sound evidence of the situation, hopefully within a week or so you should get good news.
 

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Discussion Starter · #3 ·
thank you for your reply
I hope I have good news in a few weeks
I have a guaranteed job and my husband has a job. I can not believe that my visa would be refused. It's ironic because Centrelink did say I could not ask for benefits during the two years temporary visa and I do not intend!
Well with a guaranteed job I do not really see or be the problem.
I provided a letter from the employer, the statement by my husband (who takes care of me and undertakes to repay the government if the payment of benefits, receipt of our recent house rental in both our names, my last bank statement....)
I think that many migrants do not have guaranteed employment in Australia and they still get their visas. I try to be positive but I'm very afraid
 

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Discussion Starter · #4 ·
I forgot to mention (this may be important for another migrant in the same situation as me)
as I discovered the condition "No further Stay" at the end of my tourist visa I filed a complaint. The first was lost by immi and a second was filed. The processing time to put almost three months.
During this time I got several bridging visa E. my application on land was refused because my country France is not a country at risk and that I was not in danger.
So I left Australia in the month of August (my tourist Visa originally ended in April) with a ban on applying for a new tourist visa for 3 years (how bad punishment for a mistake that I don 'have not committed)
the only solution was to apply for spouse visa from my country
If I do not have my spouse visa I can not even meet my husband with a tourist visa (at least to appeal and defend myself with the MTR) after having filed my application for spouse visa I asked 3 times a tourist visa and 3 times it was denied on the grounds that immi thought I could become a citizen illegally in Australia. How can you think such a thing without knowing the people? how can you prevent a couple to live together ?
 

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Sometimes the system gets things very wrong and I've responded as such on your other thread.
Once you have your partner visa I would send a detailed letter to the Global Feedback Unit for I agree you should not have been treated the way you were.
 

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I don't know whether you had it on your visa application form when you first applied to come to Australia, but now there is a clear explanation of what No Further Stay means on the general visitor visa application form (48R). Perhaps DIAC are learning from their mistakes!
 

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Discussion Starter · #7 ·
Hello

can you tell me if this is a normal procedure that my CO asked me for a new phone Interwiew two days after the first?
I'm so afraid of bad news
 

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It could just be that because of your nerves/anxiety with the first interview the CO just wants to clarify a couple of things and so do not be too concerned and if you did not do a copy of your application, just try and jot down your key event dates and any other relevant info you feel you may have not answered too well on and have that for reference re clarifying anything.
 

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Discussion Starter · #9 ·
thank you wanderer you give me more hope because I'm so afraid.
it's true that I was so nervous the first time.
Thank you again for your advice and your support
 

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Discussion Starter · #10 ·
hello,
I had my second Interwiew this morning (in two days). What has hindered my CO that I went back to my husband the first time in Australia while I was still married to my first husband. she also found "curious" I divorce after a long marriage but she does not know my life this lady.
I spent 20 minutes he explained that I was officially separated for 2 years and the divorce proceedings are very long in France.
Being separated officially gives me the right to re make my life with another person but must await the ruling of the official divorce to remarry what I did.
My CO do not understand French laws, but will still judge me on that fact!! incredible!
then we repeat the same things that there are two days ago and she said "your visa is in process. "
But I know here! here is now 6 months he is on process !!!
the fact that I have guaranteed work in Australia is not sufficient

still a waiting game . Merde ( in French ) I have waited long enough like that!
 

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"your visa is in process. " is just a way of saying that they have to consider the information you have now given them, the offer of employment in Australia supportive but not really relevant to a partner visa.
What would seem to be more relevant is the marriage situation and I must admit I am a little confused now, ie.
You say
that I went back to my husband the first time in Australia while I was still married to my first husband.
If you were not actually divorced from your previous husband when you married in Australia, it does not matter what the law in France is but you could not legally have remarried in Australia for that would have been bigamy.
If in fact you were not yet divorced when you married in Australia, you may well find that your visa application will be refused and regardless of that being the case or not, you and your Australian husband may probably need to have that marriage anulled and remarry if that is to be your course of action to make it a legal marriage
But then you also say
but must await the ruling of the official divorce to remarry what I did.
So if you had your divorce decreed [ the actual date by a court on a certificate ] before you married in Australia there should be no problem and hopefully the actuall dates of divorce and the new marriage have been made clear with evidence of the certificates, a certified copy of translation for the french one being required.

If the evidence has not been provided and it is possible that the CO may be confused on the dates, you should email the advice ASAP and follow up with the appropriate certificate.
 

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Discussion Starter · #12 ·
may be poorly expressed:
Of course not I am not married in Australia while being married in France! I am not a bigamist.
my divorce is dated 21 January 2010 and I got married in Australia April 11, 2010. I was divorced so well when I re married
I'll send an email to my CO to clarify this poin
 

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Discussion Starter · #13 ·
YEEEEPEEEEE !!!!! visa granted today !!!!!!
Wanderer thank you for your support and thank you to all members of this forum.
I just had to clarify some dates that were a problem with my CO and 1 hour after I had my visa. I just sent my passport for the stamp
I'm so happy
starting in two weeks to my beloved husband and my house Blue Mountains
 

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YEEEEPEEEEE !!!!! visa granted today !!!!!!
Wanderer thank you for your support and thank you to all members of this forum.
I just had to clarify some dates that were a problem with my CO and 1 hour after I had my visa. I just sent my passport for the stamp
I'm so happy
starting in two weeks to my beloved husband and my house Blue Mountains
That's great news for you Fraussie after somewhat of a saga of events and yes the Blue Mountains has some lovely areas, a bit like what we see of some of the Alps with Le Tour.
All the best for the future.
 
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