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Discussion Starter · #1 ·
Hey everyone!

I just joined here after searching online for info about visas that you can't find on the website.
Sorry for the long post!

A little background: I'm Australian, my partner is Kenyan and we have been in a defacto relationship since 2011. We have a daughter together who was born in Kenya but holds an australian citizenship and passport. Due to financial and family reasons we want to move to aus and so we have applied for a partner visa a few months ago from Kenya (offshore) and now we are applying for a tourist visa so that we can travel together to Australia. I quit my job here in order to move and so I have to leave by September. We want to travel together and have my partner stay for 6 months, meeting my family, being with our daughter during her 1st birthday and of course just being with her. We also have some weddings we are nvited to.

I guess our questions relate to whether they are inclined to split a family up or whether they will take into consideration that we are waiting for the partner visa and in the mean time our daughter should have both her mum and dad together. My partner doesn't work at the moment nor does he go to school so we are worried that they won't accept the tourist visa because he 'hasn't got enough reason to return to Kenya' although we have stated that there is no way he would jepodise the partner visa to over stay a tourist one and he must return to receive that.

Thoughts?? I've also heard there is a back log on partner visas and they are taking longer than 10months as per expected time frame!

Any advice or help would be much appreciate

Thanks so much

Rebecca
 

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Unfortunately the deck is already stacked against you just because he's from Kenya... they are very, very stingy with the tourist visas for high-risk countries including Kenya. And then on top of that he has no job to return to... I'd say your chances of a tourist visa are not great, unfortunately. :(

And yes, partner visas are taking quite some time right now, and applicants from some African countries are waiting even longer. :( There's a thread around here somewhere for partner visa applicants from Africa. Find it and do some reading and you'll have a better idea of what kind of wait you'll be up against.

What month specifically did your defacto relationship start in 2011, and what month did you apply for the visa? I ask because if you had been defacto for two years when you applied, since you have a child together, you'd likely qualify to go straight to permanent residency. So there's at least THAT potential bit of good news.
 

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Discussion Starter · #3 ·
Thanks college girl. We have been together two years before we applied so that is potentially good. Thank you

I know of someone else who was given a tourist visa to go visit his girlfriend and all he had was an enrolment to school, but he had not begun the course yet. He was knocked back first and then he reapplied straight away, then he got it.
I'm wondering whether having a daughter will help the situation here as they don't want to separate us??

He does had potential employment when he comes back as a driver but at this point it's potential and he hasn't started....
 

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I don't know. It's going to be a risk either way. If you want to maximize your chances you can always get a registered migration agent to help with your application, but even then (even if they do the best job possible) there's still no guarantee in your situation.
 

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I wish it were better news, but you're welcome. :)
 

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I agree with CollegeGirl that your odds for a tourist visa are not good at all. Will having a child together make a difference in that grant ... probably not ... DIAC doesn't seem to care about that.

My fiancee applied for a tourist visa from a high risk country and was knocked back and he a job including a HR letter saying that he has a job return home to!!

Maybe Kenya are not as hard core as Egypt who know but you can only try. I do know that Kenya is alot of hit and miss too. A lady I work with her son-in-law is from Kenya and his Aunty was rejected and she had all her family in Kenya along with property etc, his sister was rejected and she was enrolled and studying in Kenya!!

One thing is that he will need show savings and this has to be in his account NOT yours. I supplied my financials for my fiancee and the case officer did not take them into account and said that the onus was on him. Also DIAC do you have a minimum amount you need to show so DIAC could pretty much make up any amount if they wanted. My fiancee showed $8,500 and this was classed as "limited personal funds".

Another thing is that because of you and your child I would not be surprised if they say he has stronger ties to Australia than Kenya.

You said " we have stated that there is no way he would jepodise the partner visa to over stay a tourist one and he must return to receive that". I mentioned that in my letter of invitation and mentioned the PMV alot of places in the application and they didn't even take that he had to be offshore into account.

Just submit everything you can with the application.

Good-luck with it :)
 

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All you can do is try and like the others have said include heaps of evidence and financial back up. The fact you have already applied for the substantiative visa as defacto means that your TV application will be viewed in a slightly different manner to normal. I'd only apply for the 3 month one though if I were you - 6 & 12 month visa's make DIAC look much harder at finances and would require you to have alot of money in the bank. The best you can hope for is a visa granted without the no further stay condition (which is unlikley for high risk) and extend when he is there.

I was lucky to get a 3 month TV for my husband without the NFS so we can apply to extend but he is from the UK.

Make sure you keep your partner visa CO informed of the application and if it is successful or rejected.
 
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