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Discussion Starter · #1 ·
Hi

I was wondering if anyone has any information or insight into the implications of a refusal of 309?

We applied for my 309 visa offshore in February 2018 (I am in the UK and he is in Australia) and have had a second request for further information this week. This is around proof of 12 month defacto at time of application.

I'm really not sure that we have very much more to give and are preparing ourselves for refusal, which is devastating obviously but we are determined to find a way. So I have some questions and was hoping for some help ...

First of all, if we are refused do we have the right of appeal? I think I may have read that we do not since I am offshore?

If we do have the right of appeal does anyone know of the cost implications and likely timescales for this?

If we decide to go down the 300 route (which would have been much easier in the first place however we are a little long in the tooth and rather shortsightedly thought we had enough evidence for the 309/100) is there a period of time which has to pass before he can sponsor me again?

If all else fails and we have to start from scratch then so be it - we will get the joint account and make the wills, etc - then have to wait it out for a year and re-apply :( Again, is there a time that we have to wait in order to apply for the same visa?

I guess we are trying to weigh up what would be our best option. An appeal may be cheaper than a new application, but longer? And if we don't have enough evidence surely an appeals committee would come to the same conclusion?

I would be grateful if anyone has any info.
 

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I am no expert and please ignore my advice if it hurts your sensitivities, but I wonder what happens if you get married quickly and thus, eliminate the need for the de facto evidence. If you have already been living together, you must have relationship evidence now that might prove enough for the 309 spousal visa requirements.
 

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I am no expert and please ignore my advice if it hurts your sensitivities, but I wonder what happens if you get married quickly and thus, eliminate the need for the de facto evidence. If you have already been living together, you must have relationship evidence now that might prove enough for the 309 spousal visa requirements.
^^ this!!! Unlike the 820 where you need to be married at the time of application the 309 you just need to be married at the time that the decision is made. The marriage will only waive the 12 months living together part, you will still need the other evidence to show a genuine relationship etc.
 

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Discussion Starter · #4 ·
Thank you both.

We actually only have 23 days now to respond with sufficient evidence that we were defacto for 12 months prior to lodging our application and he is in WA, so not even enough time to hotfoot it up to Gretna Green!
 

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The sponsor can appeal the refusal, but an appeal can take up to 2 years.

Maybe get yourself a good Registered Migration Agent to see if the application can be salvaged. It may work out cheaper in the long run.

Partner visa applications are not as straightforward as many people think. It’s a bit like lodging a complicated tax return. I would never do it without the help of a good accountant.

Other than that, you have provided no information about the actual application and the issues you are facing , so there is little to go on.
 
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Note Nick's advice
and note - a marriage post application will not waive the schedule 1 (12 months relationship time of application) criterion, but there might be a strategy that does.

Protection and student refusals visas aside, more refused partner visas than any other are taken to an AAT review. You can check here:

How long will the process take? | Administrative Appeals Tribunal

Not all visa refusals have review rights and not all those who have review rights, exercise them.
 

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They can be located anywhere most use the internet or phone for communication - as most applications for visas are electronic - it is a good way to do it.

I used one in Sydney when I was in Darwin and while I live in Cairns now and used a MRA that lives in Cairns I only meet him after using him and that was just to have a beer.

I know a number that are very good, your case would possibly determine one a bit more than the other. I only know where a few live.
 

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They can be located anywhere most use the internet or phone for communication - as most applications for visas are electronic - it is a good way to do it.

I used one in Sydney when I was in Darwin and while I live in Cairns now and used a MRA that lives in Cairns I only meet him after using him and that was just to have a beer.

I know a number that are very good, your case would possibly determine one a bit more than the other. I only know where a few live.[/QUOTE

OK thank you for all your help would it possible to get a phone number please]
 
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