[vivv]

Hello,
I got married to my Australian citizen husband beginning of this year (2012). He was married once before for a few months and had sponsored his wife from Canada and when things did not work out he withdrew the sponsorship and no benefit was drawn from it, except that she got the TR initially but the whole procedure did not lead to the grant of her PR. 2.5 years later, we got married and ours was a love marriage. We filed for my spouse visa two months back and also filed for my visitor visa application, so that I could visit my husband till the time the spouse visa application gets processed.
However, today my visitor visa was rejected after 2 months and the reason the case officer gave for the rejection of my VV is that I am dependant on my husband and if they grant me a VV, I won't come back!! They took me as a potential immigrant. Its hard for me to understand the rejection on my VV as I had already applied for a spouse visa before that.

Now i am worried that I might also not get the spouse visa as my husband was technically not eligible to sponsor me as his spouse because of the DIAC's five year limitation rule to the spouse sponsorship. Please, if anyone can guide in anyway it would be really appreciated. My husband recently signed a contact with a new company and can not come back to see me again for a very long time. This whole thing is very frustrating and I can't seem to even spend a day without thinking about it. The limitation would technically end in 2013 end, and I can not wait like this till then.

 

[robboat]

Difficult situation.....
But one that you and your husband should have been aware.

He had already sponsored a previous partner within the 5 year period.
You will not likely get a tourist visa when there is a partner visa application current - for the reasons stated by Immigration.....that you would be unlikely to leave.
Especially when he has already sponsored and you are dependent on him for support.

Has he directly talked with Immigration about your situation before applying for the partner visa then the tourist visa?
Have you both consulted a migration lawyer to check for possible review of your situation?

Difficult situation and I feel for you....

Good luck.

 

[holly]

From my personal understanding of the immi laws, rules and regulations your partner visa will probably be denied because of his previous sponsorship. If i were in your position i would speak with a lawyer/ professional agent as soon as possible and be prepared to reapply in 2013

 

[Adventuress]

It may be a good idea to withdraw your application rather than waiting for it to be refused - withdrawals don't go on record but refusals do, which might make things more difficult for you later.

 

[vivv]

Difficult situation.....
But one that you and your husband should have been aware.

He had already sponsored a previous partner within the 5 year period.
You will not likely get a tourist visa when there is a partner visa application current - for the reasons stated by Immigration.....that you would be unlikely to leave.
Especially when he has already sponsored and you are dependent on him for support.

Has he directly talked with Immigration about your situation before applying for the partner visa then the tourist visa?
Have you both consulted a migration lawyer to check for possible review of your situation?

Difficult situation and I feel for you....

Good luck.

Hey Robboat,
well the thing is, when he sent an application for the withdrawal of the application back in 2009, the DIAC officer in Australia told him that he can sponsor another partner. He did not tell him anything about the 5 year limitation. We prepared our file very well. He was very stressed out after his first marriage which did not go well and we underwent depression and stress which not only affected his health but also his work. We had proofs so we put that in our application that hoping we will get a waiver for a year. The 5 year limitation ends in October 2013.
We applied through a competent lawyer here in India who said there was a little hope, yet there are still chances that we get the waiver, given that my husband was the one who informed DIAC about his marriage not working out in the first place, and how it affected him later on. We have given a lot of proofs on our marriage.
I have no idea what to do seriously! May be there are chances? Sigh.

 

[vivv]

It may be a good idea to withdraw your application rather than waiting for it to be refused - withdrawals don't go on record but refusals do, which might make things more difficult for you later.

Hey Adventuress,
But I do think they provide waivers if we prove that our circumstances are compelling and genuine.
Sigh! I dont think we want to withdraw the application now, given that we've put every bit of energy to prepare our application and attach papers which were next to impossible to be arranged.
Also dont you think my husband should get a benefit for the waiver that he sent an application to DIAC so that the previous sponsorship was withdrawn and the system was not abused in particular? Thank you so much for your time. appreciated.

 

[Adventuress]

Hi again vivv,

Hmmm, it's a very tricky situation you have here. I am wondering if the DIAC officer who advised him earlier that he would be able to sponsor again put this in writing at all? If you have this advice in writing, then there's definitely something to go on, since the mistake appears to be on the end of DIAC and he may have been misinformed. I think it would still be worth mentioning this to your case officer even if you don't have the written proof.

You're right, it is a huge effort and it would be a shame to withdraw if you still have some hope. I didn't know about the waiver, but it sounds very promising! I guess you have to take every chance you can get, and I'm on your side. Since he withdrew his sponsorship and the application didn't end in permanent residence, maybe you have a good chance.

I wish you the best of luck, and I hope it all goes ok for you both

 

[Princess]

You will not likely get a tourist visa when there is a partner visa application current - for the reasons stated by Immigration.....that you would be unlikely to leave.
Especially when he has already sponsored and you are dependent on him for support.

Has he directly talked with Immigration about your situation before applying for the partner visa then the tourist visa?
Good luck.

Robboat I believe rejecting a tourist visa application does not apply in general. I was just granted a 3month tourist visa with no NFS (no further stay) restriction and I know some partner visa applicants who then apply for tourist visa after lodging the spouse visa application.

 

[Ausstart National]

It seems as though everyone is really on the right track, thought i would add some comments though.

First, when did your hunband first submit his first sponsorship application?

Your right, their is a waiver that exists, but it is for compelling circumstances. The decision maker must assess any information you provide him/her against the waiver provisions in the migration law. Some of the considerations include:

whether or not you have any children together,
What would happen each of you if the visa was to be refused,
Whether or not the relationship is a long standing one,

Often it is argued by applicants that the waiver should be used, because they entered into the first relationship with the best intentions, and tryed their best, and it didnt work out. There was no benefit from the relationship. So it is often argued to use the waiver.
In this situation, your sponsor will be required that he truely sponsored the first partner - as a love relationship. If the decision maker believes that the relationship broke down because of careless by the sponsor, they probably would not think about using the waiver.

The 5 year requirement begin whhen the first application is made, and the decision is made to grant or refuse the second application.
If you dont think you can get the waiver, you might consider withdrawing it, and applying again in 2013.4 or 5 months before the limit is reached. teh processing time taken to make a decision on the visa will take it over the 5 year mark.

But, if you really think all your documents, and evidence supports compassionate circumstance. Then good luck with it.

 

[vivv]

Thank you very much for your reply, I really appreciate it.
- He first submitted the sponsorship for his first wife in 2008-Oct. So, that ways, the 5 year rule ends in Oct-2014. We gave each and every document to prove that our reasons are genuine with compelling circumstances. Its been almost 2.5 months that we submitted my Partner Visa, but haven't heard from the High Commission (so I am hoping thats a positive thing and there is no objection on it yet ). But, they have also not assigned a case officer yet. The immi.gov website suggests that affected Partner Visa cases can take upto ONE year or more to process and thinking about that makes me more sad.

We do not have any children together yet. We started dating in 2010, (Nov.). My husband says that if my visa is rejected, he will come back to the country I am in now to live with me. I really believe our relationship is a long standing one and we submitted every proof we could produce. Our lawyer suggested that there are 50-50% chance that our visa might get accepted, so we thought of taking the chance.

We were thinking of applying again for the Travel Visa as its getting very difficult for me to stay away from him. We have asked the local M.P. in his area to write us a recommendation letter, may be that can help? I don't know. The last time I applied for the travel visa, one of the office bearer called me to inquire whether I was working and I told them no as I was honest with them. So I am not thinking of starting to work again just to get a visa, may give them a wrong impression?.

This whole situation is making me really anxious :-(

It seems as though everyone is really on the right track, thought i would add some comments though.

First, when did your hunband first submit his first sponsorship application?

Your right, their is a waiver that exists, but it is for compelling circumstances. The decision maker must assess any information you provide him/her against the waiver provisions in the migration law. Some of the considerations include:

whether or not you have any children together,
What would happen each of you if the visa was to be refused,
Whether or not the relationship is a long standing one,

Often it is argued by applicants that the waiver should be used, because they entered into the first relationship with the best intentions, and tryed their best, and it didnt work out. There was no benefit from the relationship. So it is often argued to use the waiver.
In this situation, your sponsor will be required that he truely sponsored the first partner - as a love relationship. If the decision maker believes that the relationship broke down because of careless by the sponsor, they probably would not think about using the waiver.

The 5 year requirement begin whhen the first application is made, and the decision is made to grant or refuse the second application.
If you dont think you can get the waiver, you might consider withdrawing it, and applying again in 2013.4 or 5 months before the limit is reached. teh processing time taken to make a decision on the visa will take it over the 5 year mark.

But, if you really think all your documents, and evidence supports compassionate circumstance. Then good luck with it.

 

[vivv]

The DIAC officer who advised him did not give him anything in writing. I was thinking that perhaps the rules were different in 2009 end and may be the rules changed after that.. We have already filed the paper work but no case officer has been assigned as yet (been almost 3 months), so may be once someone from the high commission's end starts to communicate with us, we might be in abetter position to respond. I really don't know though, the whole thing is very tricky, I agree. Thank you so much for your response.

Also, if anyone knows if there is a way to apply for the travel visa again and show them that I will be a genuine visitor, please let me know. Thank you.

Hi again vivv,

Hmmm, it's a very tricky situation you have here. I am wondering if the DIAC officer who advised him earlier that he would be able to sponsor again put this in writing at all? If you have this advice in writing, then there's definitely something to go on, since the mistake appears to be on the end of DIAC and he may have been misinformed. I think it would still be worth mentioning this to your case officer even if you don't have the written proof.

You're right, it is a huge effort and it would be a shame to withdraw if you still have some hope. I didn't know about the waiver, but it sounds very promising! I guess you have to take every chance you can get, and I'm on your side. Since he withdrew his sponsorship and the application didn't end in permanent residence, maybe you have a good chance.

I wish you the best of luck, and I hope it all goes ok for you both

 

[vivv]

Case Officer Alloted!

As strange as it may sound, I believe true love can win it all! Today our case officer gave us a green signal and our case was accepted on compelling reasons. She has asked us to submit the medicals and PCC now. So I am keeping my fingers crossed !!! Yey! I am so happy today. Thank you all for listening.
Lots of love

 

[holly]

Congratulations!!!

 

[khanislam]

Hi Viv

Hope you are will. I am in a very similar situation like you. what happened to your spouse at the end? did they waive the 5 yea exclusion? any suggestion will be much appreciated.

Thanks
Khan