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Discussion Starter · #1 ·
Hi everyone,

My name is Lisa, and I’m an Indonesian Citizen, living in Brisbane as a Permanent Resident. My husband is now currently in Indonesia. Sorry to keep asking maybe the questions that maybe have been asked million times before. I will try to make it brief:
- 11 Sep 2012 : My mom lodged her Partner Visa Application
- 28 Jun 2013 : First time I entered Australia on Temporary Resident Visa (I’m dependent children of my mom)- I spent like 3 weeks in Australia, and went back to Indonesia cause I’m still studying in Uni at that time.
- 28 Nov 2014 : We got our Permanent Residency
- Jan 2015 : First time I met my partner in Indonesia, and soon we’re starting into a relationship
- 9 June 2015 : I re-enter Australia to Activate my PR – and again go back to Indonesia this time because work-related matter
- July 2015 : Me and my partner went for a holiday to Jakarta, Indonesia as soon as I went back to Indonesia
- Nov 2015 : Me and my partner went to Malaysia for holiday
- 8 March 2016 : I moved permanently to Australia, then we have to be in a Long Distance Relationship
- Dec 2016 : I went back to Indonesia for holiday, spent like 1-2 weeks there.
- Jan 2017 : I went back to Indonesia again for holiday, I stayed at his place during these 2 holidays, but I don’t have any evidence to proof it)
- April 2017 : We made a commitment to get married, then I lodged NOIM in Brisbane.
- June 2017 : My partner visited me in Australia, we also opened a joint bank account – we have the same address for this (but we never really used it, since he’s not here)
- 1 July 2017 : We got married in Brisbane.
- 9 July 2017 : My partner went back to Indonesia to prepare all documents needed for our partner visa application and also to prepare our wedding party in Indonesia next year, July 2018.
- 29 Nov 2017 : I will fly back to Indonesia for my brother in law’s wedding party.

Now, that we’re actually doing this application for real, I’m facing difficulties to fill up some questions, such as nature of household, financial commitment, things like that. And the more I read on many articles online, I keep on stumbling down on how many people are saying that even though you’re married, you need to be in a real household for a certain period of time, to get your visa approved.
In addition to that, me and my partner didn’t really share our finances in the past. We’re committed to work hard and save money to make it happen (wedding party, and expensive visa fees), he, however, paid for our flight ticket, hotel/accommodations, etc during our holidays.
So, I was hoping a glimpse of hope here.
1. Whether or not we should continue our visa application now (because living together is not possible right now, as I’m tied with my work in Brisbane, and he’s too).
2. If yes, how can we make a better description of our “Nature of Household and etc” – and what sort of evidence we should provide on this.
3. When I fill up a form online, they asked me did I get my residency under a Partner Visa? Should I answered yes? Or no? cause I got my residency through a Dependent Children of a Partner Visa of my mom.
Thank you so so much in advance for any help.
 

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A PMV (prospective marriage visa) would have been the best option for you if you had applied for that (and waited for it to be granted) before you got married - since it is designed for cases like yours where you don't have enough evidence to meet the much more stringent Partner 820/309 requirements. However since you are already married that door is now closed. The partner visa requirements will be difficult for you to meet, as you have already realised. I suggest you arrange a consultation with a Registered Migration Agent to see what can be done. There are several on this forum who are very reputable. An initial consultation is only about $150-200. I would recommend that before you submit any partner visa application, as otherwise you may be throwing away $7000 for an application with little supporting evidence that will almost certainly get rejected.
 

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Discussion Starter · #4 ·
A PMV (prospective marriage visa) would have been the best option for you if you had applied for that (and waited for it to be granted) before you got married - since it is designed for cases like yours where you don't have enough evidence to meet the much more stringent Partner 820/309 requirements. However since you are already married that door is now closed. The partner visa requirements will be difficult for you to meet, as you have already realised. I suggest you arrange a consultation with a Registered Migration Agent to see what can be done. There are several on this forum who are very reputable. An initial consultation is only about $150-200. I would recommend that before you submit any partner visa application, as otherwise you may be throwing away $7000 for an application with little supporting evidence that will almost certainly get rejected.
Hi tijanaoc,
Thanks a lot for your help. We will consider your suggestions. Cheers!
 

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Hi everyone,

My name is Lisa, and I?m an Indonesian Citizen, living in Brisbane as a Permanent Resident. My husband is now currently in Indonesia. Sorry to keep asking maybe the questions that maybe have been asked million times before. I will try to make it brief:
- 11 Sep 2012 : My mom lodged her Partner Visa Application
- 28 Jun 2013 : First time I entered Australia on Temporary Resident Visa (I?m dependent children of my mom)- I spent like 3 weeks in Australia, and went back to Indonesia cause I?m still studying in Uni at that time.
- 28 Nov 2014 : We got our Permanent Residency
- Jan 2015 : First time I met my partner in Indonesia, and soon we?re starting into a relationship
- 9 June 2015 : I re-enter Australia to Activate my PR ? and again go back to Indonesia this time because work-related matter
- July 2015 : Me and my partner went for a holiday to Jakarta, Indonesia as soon as I went back to Indonesia
- Nov 2015 : Me and my partner went to Malaysia for holiday
- 8 March 2016 : I moved permanently to Australia, then we have to be in a Long Distance Relationship
- Dec 2016 : I went back to Indonesia for holiday, spent like 1-2 weeks there.
- Jan 2017 : I went back to Indonesia again for holiday, I stayed at his place during these 2 holidays, but I don?t have any evidence to proof it)
- April 2017 : We made a commitment to get married, then I lodged NOIM in Brisbane.
- June 2017 : My partner visited me in Australia, we also opened a joint bank account ? we have the same address for this (but we never really used it, since he?s not here)
- 1 July 2017 : We got married in Brisbane.
- 9 July 2017 : My partner went back to Indonesia to prepare all documents needed for our partner visa application and also to prepare our wedding party in Indonesia next year, July 2018.
- 29 Nov 2017 : I will fly back to Indonesia for my brother in law?s wedding party.

Now, that we?re actually doing this application for real, I?m facing difficulties to fill up some questions, such as nature of household, financial commitment, things like that. And the more I read on many articles online, I keep on stumbling down on how many people are saying that even though you?re married, you need to be in a real household for a certain period of time, to get your visa approved.
In addition to that, me and my partner didn?t really share our finances in the past. We?re committed to work hard and save money to make it happen (wedding party, and expensive visa fees), he, however, paid for our flight ticket, hotel/accommodations, etc during our holidays.
So, I was hoping a glimpse of hope here.
1. Whether or not we should continue our visa application now (because living together is not possible right now, as I?m tied with my work in Brisbane, and he?s too).
2. If yes, how can we make a better description of our ?Nature of Household and etc? ? and what sort of evidence we should provide on this.
3. When I fill up a form online, they asked me did I get my residency under a Partner Visa? Should I answered yes? Or no? cause I got my residency through a Dependent Children of a Partner Visa of my mom.
Thank you so so much in advance for any help.
Hi lisa you might have an option if you could bring your husband in tourist visa to australia then apply onshore here in australia. As you are married you will be able to apply and start collecting evidence till visa decision. It should take at least 12-18 months to decide by the time you will probably have all the four category evidence.
Thats just my opinion. But you should consult with RMA before doing anything
 

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Hi lisa you might have an option if you could bring your husband in tourist visa to australia then apply onshore here in australia. As you are married you will be able to apply and start collecting evidence till visa decision. It should take at least 12-18 months to decide by the time you will probably have all the four category evidence.
Thats just my opinion. But you should consult with RMA before doing anything
This is not correct. You have to have sufficient evidence at time of application. A decision can be made at any time - you don't have 18 months to keep adding evidence. Although you certainly can add evidence after applying, the crucial evidence that they use to make the decision is evidence at time of application, not after.
 

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Hi lisa you might have an option if you could bring your husband in tourist visa to australia then apply onshore here in australia. As you are married you will be able to apply and start collecting evidence till visa decision. It should take at least 12-18 months to decide by the time you will probably have all the four category evidence.
Thats just my opinion. But you should consult with RMA before doing anything
This is not correct. You have to have sufficient evidence at time of application. A decision can be made at any time - you don't have 18 months to keep adding evidence. Although you certainly can add evidence after applying, the crucial evidence that they use to make the decision is evidence at time of application, not after.[/QUOTE

It was only my opinion. And every single piece of evidence is counted till the day of visa grant. You may not provide all evidences at the time of application. Which will probably delay the process. It is unlikely DIBP will reject visa without asking for missing evidences.

In her situation, as a married couple its more applicable as they dont need to prove 12 months relationship before applying like de facto relationship. If they are lacking evidence Case officer always ask for more evidence to provide if something is missing.

I know someone married couple who didnot submit any single evidence only submitted application form at the time of applying and was asked for evidence when CO assinged. They got their visa.

Again saying i am just giving my opinion. Not advising anyone. Everyone should consult someone professional.
 

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Hi lisa you might have an option if you could bring your husband in tourist visa to australia then apply onshore here in australia. As you are married you will be able to apply and start collecting evidence till visa decision. It should take at least 12-18 months to decide by the time you will probably have all the four category evidence.
Thats just my opinion. But you should consult with RMA before doing anything
This is not correct. You have to have sufficient evidence at time of application. A decision can be made at any time - you don't have 18 months to keep adding evidence. Although you certainly can add evidence after applying, the crucial evidence that they use to make the decision is evidence at time of application, not after.
It was only my opinion. And every single piece of evidence is counted till the day of visa grant. You may not provide all evidences at the time of application. Which will probably delay the process. It is unlikely DIBP will reject visa without asking for missing evidences. In her situation, as a married couple its more applicable as they dont need to prove 12 months relationship before applying like de facto relationship. If they are lacking evidence Case officer always ask for more evidence to provide if something is missing. I know someone married couple who didnot submit any single evidence only submitted application form at the time of applying and was asked for evidence when CO assinged. They got their visa. Again saying i am just giving my opinion. Not advising anyone. Everyone should consult someone professional.
 

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It is correct to say that Partner Visa applications are to be compliant at the time of application.

It is correct that evidence can be uploaded after application (technically all online ones are that way). But this evidence dose not need to be considered in all cases.

It is well known that a De facto Partner Visa requires a relationship to be a minimum of 12 months at time of application. These visas even being a day short are often rejected - only mistakes have caused grants.

A RMA recently posted that a certain visa class had received a large amount of refusals shortly after application due none compliant - this visa class had a long process time. A very easy way to meet processing standards!

There is another thread about a very short (only days) Partner Visa grant! Now only a fool would make any solid plans or investments and expect a Partner Visa grant in that time frame. But we know a Case Officer did it and we were all very happy for that couple. But clearly the Case Officer did not follow what DIBP website states - that applications are processed in order they come (basic wording).

A Case Officer is not required to ask for anything other than a medical and police clearances, it is the applicants responsibility to supply all relevant information.

* Statements like "that is not correct" I and many others use at times - it is not meant to be offensive to the poster, but a clear statement to avoid any English issues for others. Normally the correct info will be supplied and often the RMA's will make corrections that we all learn from. Certainly the new posting members that help answer questions are always welcome. Other members often read the posts so if old members like a comment, it is probably good advice.

I know new information and evidence can be presented at a AAT hearing, but that would not be a recommended path.

I strongly recommend people have a consultation with a RMA after they do some basic homework first and especially if anything is a complication (they may not even know 1 exists), But a Partner Visa can with good research be done without a RMA, but it does take good effort.

tijanoac has a reasonable grasp of this stuff in my opinion.
 

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I know someone married couple who didnot submit any single evidence only submitted application form at the time of applying and was asked for evidence when CO assinged. They got their visa.
Yet someone on this forum (long time posters will know who I am talking about) did not submit any evidence (she had evidence but DIBP told her not to submit it as the case officer would ask for it) and she got rejected as they did not supply any evidence showing they had a genuine relationship. It can go both ways. The person you know may have gotten lucky or gotten a nice case officer.

DIBP do not have any obligations to ask for additional evidence.
 

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It was only my opinion. And every single piece of evidence is counted till the day of visa grant. You may not provide all evidences at the time of application. Which will probably delay the process. It is unlikely DIBP will reject visa without asking for missing evidences. In her situation, as a married couple its more applicable as they dont need to prove 12 months relationship before applying like de facto relationship. If they are lacking evidence Case officer always ask for more evidence to provide if something is missing. I know someone married couple who didnot submit any single evidence only submitted application form at the time of applying and was asked for evidence when CO assinged. They got their visa. Again saying i am just giving my opinion. Not advising anyone. Everyone should consult someone professional.
I understand you were giving your opinion, which no one is saying you can't do. As ampk said, the reason any of us makes a statement like "this is not correct" is to make things clear for people - a lot of people read this forum without ever commenting and it is important to correct misinformation. Your friend might have got extremely lucky to have their visa granted with no evidence uploaded at the start, but this is certainly not the norm and therefore if someone else read that and did the same thinking they would be alright they may well be out of $7,000 and having to go through an expensive and stressful appeals process. This is why we advise people to have the strongest possible application from the get go.

I myself have been corrected several times by more knowledgeable members and RMA's and I take that as an opportunity to expand my knowledge so I can give better advice in the future. No need to get defensive, and I'm always happy to be corrected.
 

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Discussion Starter · #13 ·
Hi Dpalash01 thanks so much for your reply.
Sorry for just responding to this email.

So I have met 1 RMA for consultation, and just like you said, it is one of the option.
The thing is we will have a wedding party next year in Indonesia, so bringing him in right now may not very suitable for us (We prefer him to be outside indonesia while waiting for visa decision, cause we need one of us to actually be there to take care of the preparation of the party, arranging documents for Indonesian civil registration, etc as well)

So we're now thinking to get his parents to write and sign a document, stating that our relationship is genuine, and I have lived in her house for 1 year back in 2015-2016. - as the RMA suggested for me too.
But we're facing another problem which is, his mother cannot speak/write english by herself, and didn't even have any passport.

any further help for this desperate lady?

Thanksss heapss, once again!

Hi lisa you might have an option if you could bring your husband in tourist visa to australia then apply onshore here in australia. As you are married you will be able to apply and start collecting evidence till visa decision. It should take at least 12-18 months to decide by the time you will probably have all the four category evidence.
Thats just my opinion. But you should consult with RMA before doing anything
 

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Discussion Starter · #14 ·
hi ampk,

thanks for your reply too. I totally understand that each one of you just wanted to help - and I really appreciate that.
I got the message, I will always double-triple check on any information before actually doing it.

And as I did mention to previous comment in this thread, that I did pay a visit to one of RMA in Brisbane.
He, doesnt really told me what to do, certainly, cause I didnt hire their full service, and just consultation. But what I got from him is, he said my case is still possible to go through and he has seen many worse case than mine, which I find quite relieving at this stage.

Now, based on his suggestion, we would like to ask my mother in law who is an Indonesian, with Indonesian Birth Certificate and National ID card to proof her nationality, BUT she didn't have any passport with her, and she also cannot speak / write english by her own.

So my next question would be:
1. can we just go to any public notary/solicitors and ask her to write a statutory declaration in a blank piece of paper and in Indonesian Language? later to be translated by accredited sworn translator?
2. If not, then what is the best way to do in this situation? Can we ask my brother in law/sister in law who are over 18 y.o instead? Do they need a passport too? We chose my mom in law because the household bills are under her name.

Thanks again. very very much.
Regards,
Lisa

It is correct to say that Partner Visa applications are to be compliant at the time of application.

It is correct that evidence can be uploaded after application (technically all online ones are that way). But this evidence dose not need to be considered in all cases.

It is well known that a De facto Partner Visa requires a relationship to be a minimum of 12 months at time of application. These visas even being a day short are often rejected - only mistakes have caused grants.

A RMA recently posted that a certain visa class had received a large amount of refusals shortly after application due none compliant - this visa class had a long process time. A very easy way to meet processing standards!

There is another thread about a very short (only days) Partner Visa grant! Now only a fool would make any solid plans or investments and expect a Partner Visa grant in that time frame. But we know a Case Officer did it and we were all very happy for that couple. But clearly the Case Officer did not follow what DIBP website states - that applications are processed in order they come (basic wording).

A Case Officer is not required to ask for anything other than a medical and police clearances, it is the applicants responsibility to supply all relevant information.

* Statements like "that is not correct" I and many others use at times - it is not meant to be offensive to the poster, but a clear statement to avoid any English issues for others. Normally the correct info will be supplied and often the RMA's will make corrections that we all learn from. Certainly the new posting members that help answer questions are always welcome. Other members often read the posts so if old members like a comment, it is probably good advice.

I know new information and evidence can be presented at a AAT hearing, but that would not be a recommended path.

I strongly recommend people have a consultation with a RMA after they do some basic homework first and especially if anything is a complication (they may not even know 1 exists), But a Partner Visa can with good research be done without a RMA, but it does take good effort.

tijanoac has a reasonable grasp of this stuff in my opinion.
 
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