[vsusuzer]

Hi All,

I and my partner are in a difficult situation. Can anybody suggest someone that can help us to get through this? We just need an agent that has got experience on this kind of situation, someone that we can trust to handle the case.

Here are the facts:

-I(Australian citizen) and my wife(Turkish citizen) applied for onshore partner visa(820/801) on 31 May 2017. Her 820 application status is "Received" as of today.

-We made a stupid mistake and travelled to see our families in Turkey in June for a month without applying a BVB for my wife( big mistake).

-After spending a month, due to not having a valid visa my partner could not take her flight back. I returned to Melbourne.

-We called the Home office and were adviced to apply for a visitor visa to get her back to Australia.

-Also we spoke with a migration agent and she told the same thing. The only way to get my wife to Australia is to apply for visitor (600) visa. Also, we found similar examples in various forums.

-We were advised by the migration agent that we needed to state everything(mainly, we are applying for the visitor visa so that she can get back to Australia and reinstate her bridging visa) on her visitor visa application. Also, she already has god a job etc..(got a letter from her boss saying that she is working, etc)

-We included my statutory declaration explaining everything in the 600 application.

-Unfortunately, her visitor visa application has been refused yesterday. The reason is stated as "Clause 600.211 is violated and the applicant DOES not genuinely intend to stay in Australia temporarily". Which was a big surprise to us since we were told by the home office that we needed to apply for a visitor visa.

-I got a consultation from another migration agent in Melbourne yesterday(after refusal). She told me that explaining everything in 600 visa application(intention of staying here at the end of the 600 visa by reinstating the bridging visa) was totally wrong. According to this agent the officer who handled my wife`s 600 visa application did not have any other choice other than refusing it since we openly and clearly expressed that she intends to stay here after her 600 visa.

PS:We already accepted the fact that she might lose her work because of working rights. Our main concern is now to bring her back here so that she can be here when 820 decision will be made.

Any advice is greatly appreciated.

Thanks all in advance

Volkan

 

[Maggie-May24]

Did you use the migration agent for the 600 visa application? I'm not sure what else you can do other than try again with another 600 application and hope for a slightly more lenient case officer.

I hope you wife realises that even if the 600 visa is approved, it won't allow her to work until it expires and her new bridging visa kicks in.

 

[vsusuzer]

Hi Maggie-May24,

We got help from the agent for writing the statutory declaration, but the agent did not handle the application.

We already accepted the fact that she might lose her work because of working rights. Our main concern is now to bring her back here so that she can be here when 820 decision will be made.

thanks.

 

[CCMS]

Technically a tourist visa cannot be granted, because you partner is not a "Genuine Visitor", having already applied for a permanent visa.

Therefore she will rely totally on the goodwill of the Australia embassy to grant her a visa.

I suggest you go and see your local federal MP for assistance with this.