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It really doesn't matter now. It's been refused and there is no way we can come up with $1600 to appeal it in the timeframe we have been given. What I really want to know is it really a 32 month ban on applying for other visas now this has been refused. When my husband rang and enquired they told him this but I can't find that info anywhere. If so, they have successful manage to break all of our hearts. It's too much to ask of my children to have such instability in their lives for another 3 years.
 

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No there is no time limit to when you can apply again. You can apply tomorrow if you want but you need to have additional evidence to address their concerns or you will probably get the same result.
 

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OMG that sad :(. Never seen a rejection from the US. You can apply again immediately but unless you had additional evidence you will probably see the same fate. The best bet would be MRT and it is also cheaper than a new visa application. Was it de facto or spouse? The children your together or individually? How long did they take to give you the decision? Again I am sooooo sorry.
What is a MRT?
Was a defacto
They are mine biologically but love him like their dad and even wrote statements to immigration as they both believed they had a right to be heard as it is in regards to their family.
We applied in April. Asked do more info in sept and was given a month it due to fbi checks taking 12 weeks have not been given that yet.
Do you think registering the relationship would help an appeal?
 

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How about starting a joint account in your country or wherever he is? I know you must be in shock but think of how you could rectify the problem so when you reapply or go to MRT you can strengthen your application. Couldn't you borrow the money - from several friends, family, bank ? I don't know but I just feel so sad for you. ((hugs))
Bank won't lend me money due to low income.
I grew up in an abusive household so they are not willing to help. And I can't borrow from friends as I don't know when I could pay it back. I have thought through all those options.
Maybe I should just accept defeat.
 

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What is a MRT?
Was a defacto
They are mine biologically but love him like their dad and even wrote statements to immigration as they both believed they had a right to be heard as it is in regards to their family.
We applied in April. Asked do more info in sept and was given a month it due to fbi checks taking 12 weeks have not been given that yet.
Do you think registering the relationship would help an appeal?
My suggestion was going to be get the kids to write statements.

Was the rejection based on not meeting the 12 months?

MRT is where you object to.

I would ask Mark if registering now would help at MRT or if it won't because had to be done before the decision. This one I am just not 100% sure on.

Do you have plans to get married?
 

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As I understand it, it's much more difficult for de facto applications where you live in two separate countries. If you have plans to marry (or at least aren't opposed to it), a PMV application may be better since the evidence requirements are much more flexible. You don't need to live together, you simply need to prove you're committed, you've met in person, and that you have plans to marry and live together in a genuine relationship.
 

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Discussion Starter · #927 · (Edited)
That is heartbreaking, Kylie, I'm so sorry. To count as a defacto couple for a 309 you need to have lived together the previous 12 months, or have lived together for most of it and only have been separated temporarily, and have been sharing expenses/finances and stayed in touch the whole time. Was this the case for you guys? It sounds to me like you had SOME financial evidence, but not as much as they apparently wanted. :( If you guys did live together like they require, then appealing (through MRT) is probably the right way to go. I'm not sure why you're balking at the cost of MRT but thinking of reapplying - reapplying costs twice as much, technically, though with MRT you would be best served to get a lawyer, so it'd probably be pretty similar in cost. I'd do a consultation with Mark Northam - he can probably tell you what the right way to go is for you now - if you have a chance at MRT, or if you would be best to wait, collect more evidence and try again. If you can't live together or share finances more strongly, as Maggie-May said, you'd be better suited for a Prospective Marriage Visa.

Again... I'm so sorry. :(
 
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OMG! So sorry Kylie! I'm devastated for you and your family. I am now very worried about my husband's 309 as we have no joint finances and have decided to remain independent of each other until we live together (and made a BIG point of saying this in all our evidence/documentation). We each have our own financial commitments and child/ren and like you I am a very independent women... have bought my own home etc. and never have received any financial support from my son's father. Hmmm might need to open a joint account when he visits in Dec. But how absolutely absurd is it that people have to change their own successful way of doing things that work for their family to satisfy a pen pusher?

Hmm now I'm angry and disappointed :(
 

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This seems like a bad time to say but I know others depend on these timelines to gauge their own visa progress-- My visa was approved yesterday. It was the only contact I ever heard on my case I still don't know who my case officer was :)
 

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This seems like a bad time to say but I know others depend on these timelines to gauge their own visa progress-- My visa was approved yesterday. It was the only contact I ever heard on my case I still don't know who my case officer was :)
Congratulations ikuyo! All the best in Oz!
 

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Congratulations everyone. We just got denied due to the fact I prefer to be a financially independent woman. Is it true we can't now apply for any other visa for 32 months? We are completely devastated and in shock. I am still yet to tell our children. I think I will ring immi and let them be the ones to tell them.
So sorry to hear about what happened, I'm crying for you :(:( I know how you feel, been in the exact same shoes. Our onshore 820 visa application was denied in March 2013 but we got offshore and applied again 4 months later and got the offshore 309 visa approved. Took us over 16 months though.

Apply for MRT and put in another application along with it.
Hand in there, I hope everything works out for you soon.
Good Luck and please do keep us updated. Praying for you and your family.

Kind Regards,
Becky
 

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Congratulations!!!!!

This seems like a bad time to say but I know others depend on these timelines to gauge their own visa progress-- My visa was approved yesterday. It was the only contact I ever heard on my case I still don't know who my case officer was :)
Many Congratulations ikuyo!!! :D:D
Wish you a blessed re-union and a happy life together with your partner in Australia :D
Thanks for sharing the happy news with us :)
Have safe and fun travels. Take Care!
Party time now over the weekend ;)

Best Wishes,
Becky
 

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My suggestion was going to be get the kids to write statements. Was the rejection based on not meeting the 12 months? MRT is where you object to. I would ask Mark if registering now would help at MRT or if it won't because had to be done before the decision. This one I am just not 100% sure on. Do you have plans to get married?
The kids did write statements
The MRT can take over another year.
Yes we were planning on marrying later this year but under a prospective marriage visa he can't work and earn money until we then pay more again for the partner visa. It's just money, money and more money.
He refuses to come out and not work and have me support him. My ex never worked and he wants to set the right example for my girls, how they should be treated.
The decision was based on not providing enough financial pooling evidence.
So 3 superannuation statements, all our receipts, bank statements showing he had use of my card on my account, our wills, Western union transfers was not enough.
 

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As I understand it, it's much more difficult for de facto applications where you live in two separate countries. If you have plans to marry (or at least aren't opposed to it), a PMV application may be better since the evidence requirements are much more flexible. You don't need to live together, you simply need to prove you're committed, you've met in person, and that you have plans to marry and live together in a genuine relationship.
Yes, then you can't work until you're married and then have to pay more fees because you eventually need the partner visa anyway.
 

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I'm not 'baulking' at the MRT. I had just heard we couldn't apply for anything for another 32 months, which now appears to be wrong information anyway. I just wanted clarification on that. That's all. I can't afford to do either right now so I won't be able to appeal it in the given timeframe.
 

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OMG! So sorry Kylie! I'm devastated for you and your family. I am now very worried about my husband's 309 as we have no joint finances and have decided to remain independent of each other until we live together (and made a BIG point of saying this in all our evidence/documentation). We each have our own financial commitments and child/ren and like you I am a very independent women... have bought my own home etc. and never have received any financial support from my son's father. Hmmm might need to open a joint account when he visits in Dec. But how absolutely absurd is it that people have to change their own successful way of doing things that work for their family to satisfy a pen pusher? Hmm now I'm angry and disappointed :(
Yes it's ridiculous in this day and age. You will have too succumb and open up a joint account. That was the only thing stopping us.
 

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This seems like a bad time to say but I know others depend on these timelines to gauge their own visa progress-- My visa was approved yesterday. It was the only contact I ever heard on my case I still don't know who my case officer was :)
It is never a bad time to share good news. So happy for you. Good luck for the future.
 

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The kids did write statements
The MRT can take over another year.
Yes we were planning on marrying later this year but under a prospective marriage visa he can't work and earn money until we then pay more again for the partner visa. It's just money, money and more money.
He refuses to come out and not work and have me support him. My ex never worked and he wants to set the right example for my girls, how they should be treated.
The decision was based on not providing enough financial pooling evidence.
So 3 superannuation statements, all our receipts, bank statements showing he had use of my card on my account, our wills, Western union transfers was not enough.
Under a PMV visa once granted they can work as soon as they land in Australia and find a job.
 

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Yes it's ridiculous in this day and age. You will have too succumb and open up a joint account. That was the only thing stopping us.
Since you applied for de facto did you provide evidence to show that you had lived together for 12 months prior to the application?

I am just wondering because we do have people that apply and don't have joint bank accounts and approved. These people showed individual bank accounts and highlighted the transactions. Did you guys do something like that?
 
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