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Discussion Starter · #1 · (Edited)
Hello,
I applied twice for a holiday visa and both times it got refused. I am german and my partner is living and working in Australia.
In his letter he's written that he will fully support me and wishes to spend christmas and new year with me. That he also work for the government and has got security clearance and understands the laws of Australia.
In my letter I've written that I am intending on spending time with my partner and which to like to see him for christmas etc and that I also wont exceed the time of my visa.
Now both times the case officer has come back and refused to give me the visa for reasons I can't understand and I am very frustrated about.

In this case, I am not satisfied that clause 651.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that: Clause 651.212 states:

The applicant genuinely intends to visit Australia temporarily: (a) as a tourist; or (b) to engage in a business visitor activity. In your eVisitor application lodged electronically on 24 November 2017 you indicated your intention to visit Australia for tourism purposes. In making this decision I have taken into consideration:
● the information provided as part of your eVisitor application
● the reason for travel;
● your personal circumstances in your home country including your employment with your mothers business;
● your letter of invitation from your partner;
● your previous immigration history including previous visa applications. In assessing a visitor visa application, I am required to assess your individual circumstances. In order to grant you a visa to travel to and enter Australia for a temporary visit, the Department needs to be satisfied that you have a strong incentive to return to your home country after your proposed Australian visit. Department records indicate that since 12 September 2013 you have spent 1323 days in Australia and 211 outside of Australia. Based on your previous immigration history including previous visa applications, time spent onshore since 12 September 2013, I do not consider that you have sufficient incentives to return to your home country, visit Australia temporarily and/ or abide by your visa conditions whilst in Australia. Based on the above considerations I am not satisfied that you have a genuine intention to visit Australia temporarily for tourism purposes. Decision As you do not meet clause 651.212, I find that you do not meet the criteria for an eVisitor.
Therefore, I refuse your application for an eVisitor lodged electronically.
Please can someone give me some advise on what is happening because i don't understand how it can get refused as all I want is to spend time with my partner. I am very frustrated!

Thanks
 

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you're situation sucks but honestly the amount of time you've spent in Australia makes it seem like you're living here
it probably won't solve you're immediate problem of spending the holidays together but have you considered applying for a partner visa? that might be your best bet if a skilled visa isnt an option.
 

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Discussion Starter · #3 ·
Yeah. I find crazy that they can say that I haven't been long enough out of Australia and therefor haven't been long enough away from my partner. At the moment we don't want to do this as we don't know where we want to live together, for now I just want to spend Christmas with him and all my friends in Australia.
Thanks
 

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DIBP have rules that you can't spend more than 12 months in Australia in an 18 month period.

Unfortunately there is no short-term solution. Long term you need to wait until you have been out of Australia long enough and try again or apply for a partner visa offshore.
 

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Discussion Starter · #5 ·
Does that count for my situation as well - as I stayed first on work and holiday visa and then on a bridging visa, never been on a holiday visa before.

Thanks
 

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In your situation you have been in Australia alot since 2013 so that was a huge factor in their decision. However, there have been people rejected for a tourist visa straight after being in Australia on a WHV.

If you had applied for a partner visa or some other visa beforehand their decision may have been different as they can be more generous in regards to the 12 months in an 18 month period as they know you are fixing the situation.
 

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When did you apply?

I recently applied for a holiday visa end of September so that I could see family for Christmas. My parents and sister emigrated 8 years ago and are citizens,plus i have lots of friends and a long distance girlfriend there. I have been there once in the last 3 years and 5 times in total.Never had any issues even though I have 2 spent convictions for ABH and Common Assault (stupidity in my teens and not as bad as they sound).

Visa came back requiring more information-sent them references,Police Certificate and bank statements as requested. The following day I received an email stating (and I am paraphrasing) that the references meant nothing,I didn't earn enough and they thought i was going to do a runner/it wasn't a genuine holiday! Declined!

My Dad contacted his local MP,we applied for a visa where they would have to pay a bond to ensure I left the country and it got approved-with the bond waived!

I honestly feel there is no rhyme or reason to these decisions sometimes. Maybe get your partner to contact his local MP ?
 

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Discussion Starter · #8 ·
Hey Mish,

thanks for the information! I can understand the point now if that's the law - just don't understand why they keep saying they think I would not enter as a tourist and would do business that doesn't make any sense to me.
I just wanted to ask you if you know with the time I have to be outside of Australia - does that just count for Holiday Visas or for a student visa as well?
Wanted to study in the near future and that could be an option as well.
Thanks
 

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I would remove your partner’s name from your post. Six to 12 months offshore should be a reasonable amount of time to be granted a new tourist visa.
 
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