Australia Forum banner
Status
Not open for further replies.
1 - 18 of 18 Posts

·
Registered
Joined
·
4 Posts
Discussion Starter · #1 ·
Hi,
I'm a new member here and desperate for some guidance.
I'm an Aussie citizen and my partner is Indian national. Previously we have applied for de facto spouse visa as we both resided in Oz, failed even after the MRT review. Then he was deported in 2016 due to visa being expired for a month.
Now we are married in India and have marriage certificate. I am in Oz and he is in India.
Questions, how could I go about applying him back to Oz as a partner? How are the chances since he has been deported?
Which forms should we use for partner visa?
I need as much help as I could get. I need him back right here.
Please help a pool soul.
Thanks.
 

·
Registered
Joined
·
4,534 Posts
Your best bet, in all honesty, is to hire the services of a Registered Migration Agent. The few that post on this forum are very good at what they do.

I would not try and do another partner visa on my own if I were you. With a fee of $7000 just to apply plus all the other costs involved getting required items, it would not be worth doing without professional help.
 

·
Registered
Joined
·
4 Posts
Discussion Starter · #3 ·
Thanks. But we have tried all sort of migration agents before, all they did were to scam our money and took off. Now we have learnt our lesson and wanted to rely on ourselves, because we are legally married in India.
But I'll still pass on your valuable comment to my spouse to have a look.
 

·
Registered
Joined
·
4,534 Posts
Not all agents are created equal. There are some very good agents out there and some quick research can prove if they are reputable or not.

Best of luck to you, but I doubt you'll find the answers you need here as the only people that would likely be able to help wouldn't offer the service for free on a public forum, nor are they allowed to.
 

·
Registered
Joined
·
7,023 Posts
I will happily name a number of very good Registered Migration Agents that will not scam you - but they will not give false hope either.

Sky's advice is good as your history with Australia visa success is not good ( you fail PAM 3 every time).
 

·
Registered
Joined
·
4 Posts
Discussion Starter · #7 ·
Hi John,
It's because he was not applying off shore, and also insufficient evidence that he should be applying in Oz, rather than off shore.
 

·
Registered
Joined
·
4 Posts
Discussion Starter · #8 ·
Yeah true, very bad history record, so we're panicking of what we should do.
And yes, I think we'll need to hire a legal person or lawyer eventually.
 

·
Registered
Joined
·
7,023 Posts
Yeah true, very bad history record, so we're panicking of what we should do.
And yes, I think we'll need to hire a legal person or lawyer eventually.
You need to start to learn and be smart, that ='s correct terms and use a "Registered Migration Agent".

Till you work that out - I wont reply to your posts, as it will be a waste of my time.
 

·
Registered
Joined
·
9 Posts
Hi John,
It's because he was not applying off shore, and also insufficient evidence that he should be applying in Oz, rather than off shore.
Was you husband had Schedule 3 issue which means he was on bridging visa or unlawful at the time of your partner visa application.
If you are saying just because of evidence it was rejected then i would say you had enough time till MRT decision to prove your relationship genuine,

I really don't understand the reason for rejection if you were in genuine relationship.
 

·
Premium Member
Joined
·
6,612 Posts
Thanks. But we have tried all sort of migration agents before, all they did were to scam our money and took off. Now we have learnt our lesson and wanted to rely on ourselves, because we are legally married in India.
But I'll still pass on your valuable comment to my spouse to have a look.
If they were Registered Migration Agents and acted unethically or unprofessionally, you could have lodged a formal complaint. It is usually not a good idea to "try all sort of migration agents". You are much better off finding one good one instead of shopping around.

If your partner was deported, he'll face all sort of difficulties and you will need all the professional help you can find. Doing it by yourself is setting yourself up for failure.
 

·
Registered
Joined
·
13 Posts
Hi, I am currently sponsoring my husband of almost 18 years to return to Australia after being refused a partner visa in 2017.

I too had used many migration agents that took my hard earned money and got us no where. I was then referred to a Migration Agent/Lawyer in the city- Sydney (best money spent ever).

However if you do not want to seek Migration Agent advice you can lodge it yourself online through the immigration website. You will have to register an account. Before you do this you will need evidence (documentation) to support your application.

Go on to the immigration website- Partner visa (subclasses 820 and 801) and click on "follow these steps" this will explain what you need- documentations and links to create your account. The cost of the application is $7000. There is also the cost of medical and biometrics report which you will need on top of this amount.

My advice is that you research all the documentations that you require proof of identity, proof of resident, proof of relationships before lodging.

Once you lodge your application the status will show as follows:
Submitted- Information required (must complete medical and biometrics reports)- Application Assessment in progress.

My husbands application is sitting on 'Application Assessment in Progress'. Good luck, I hope this helps you.
 

·
Registered
Joined
·
4,534 Posts
The issue for this person isn't just lodging an application; that is easy enough. Immigration has already assessed their relationship and determined it did not meet the requirements for a partner visa and then they failed to do so again at review. They now want to try again but immigration is going to look ar previous decisions when weighing their decision this time. It's not like they just apply amd slip through the cracks and no one notices it's the same couple that lost at appeal.

So things clearly weren't done properly the first time, or the second time in appeal. At that point, I'd be hiring the best professional money can buy or risk donating a nice sum to the Aussie government.
 

·
Premium Member
Joined
·
6,612 Posts
The issue for this person isn't just lodging an application; that is easy enough. Immigration has already assessed their relationship and determined it did not meet the requirements for a partner visa and then they failed to do so again at review. They now want to try again but immigration is going to look ar previous decisions when weighing their decision this time. It's not like they just apply amd slip through the cracks and no one notices it's the same couple that lost at appeal.

So things clearly weren't done properly the first time, or the second time in appeal. At that point, I'd be hiring the best professional money can buy or risk donating a nice sum to the Aussie government.
You're right. They will face intense scrutiny. Overstaying and then getting deported won't help either.

What is uncanny is that I had a very similar case, also in 2016 and also involving a couple re-locationg to India to get married. I don't know what happened to them, because after many hours work and lengthy phone consultations, they decided to change agents ( a family friend apparently), which of course is their prerogative, and asked me for a refund, although they expressed great satisfaction with my services.

Unfortunately, there are plenty of bad apples in our industry, but I think people should be careful making general statements like" all they did were to scam our money and took off" and "many migration agents that took more hard earned money and got us nowhere", unless you actually provide some details of their alleged wrongdoings.

In my experience some clients can be their own worst enemies and won't heed advice if it doesn't suit them or keep shopping around until they find some crook who will take their money and tell them what they want to hear.
 

·
Registered
Joined
·
9 Posts
The issue for this person isn't just lodging an application; that is easy enough. Immigration has already assessed their relationship and determined it did not meet the requirements for a partner visa and then they failed to do so again at review. They now want to try again but immigration is going to look ar previous decisions when weighing their decision this time. It's not like they just apply amd slip through the cracks and no one notices it's the same couple that lost at appeal.

So things clearly weren't done properly the first time, or the second time in appeal. At that point, I'd be hiring the best professional money can buy or risk donating a nice sum to the Aussie government.
You're right. They will face intense scrutiny. Overstaying and then getting deported won't help either.
Hi CCMS
OP didnot clearify the reason for deportation, was it because of overstaying and Schedule 3 was not met.

OP's post is not fully clear about deportation of her husband.
 

·
Premium Member
Joined
·
6,612 Posts
Hi CCMS
OP didnot clearify the reason for deportation, was it because of overstaying and Schedule 3 was not met.

OP's post is not fully clear about deportation of her husband.
My understanding is that the MRT upheld the refusal, that the husband failed to depart within the allocated deadline and therefore was deported (if he was indeed "deported"; many people use the term incorrectly).

You don't get deported because you do not meet schedule 3 requirements.
 

·
Registered
Joined
·
4,534 Posts
You're right. They will face intense scrutiny. Overstaying and then getting deported won't help either.

What is uncanny is that I had a very similar case, also in 2016 and also involving a couple re-locationg to India to get married. I don't know what happened to them, because after many hours work and lengthy phone consultations, they decided to change agents ( a family friend apparently), which of course is their prerogative, and asked me for a refund, although they expressed great satisfaction with my services.

Unfortunately, there are plenty of bad apples in our industry, but I think people should be careful making general statements like" all they did were to scam our money and took off" and "many migration agents that took more hard earned money and got us nowhere", unless you actually provide some details of their alleged wrongdoings.

In my experience some clients can be their own worst enemies and won't heed advice if it doesn't suit them or keep shopping around until they find some crook who will take their money and tell them what they want to hear.
I agree with you there that people don't always like to hear the truth and so they keep looking until they get what they want to hear, then naturally would feel ripped off when things didn't work out.

In this day and age, a quick Google search gives you everything you need to know. In just about any industry, you can read reviews on the service provider, search government records on history of the business, see how long they've been in business, and see if they are actually qualified to do what they do, etc. It's not hard to do a quick Google search to see if someone is worth giving money to in exchange for services.

Often times people aren't willing to pay the price for quality either, and so go with the cheapest option they can find and wonder why the didn't get 5 star service.

I'm not saying OP did these things at all, but a lot of people do.
 

·
Premium Member
Joined
·
6,612 Posts
I agree with you there that people don't always like to hear the truth and so they keep looking until they get what they want to hear, then naturally would feel ripped off when things didn't work out.

In this day and age, a quick Google search gives you everything you need to know. In just about any industry, you can read reviews on the service provider, search government records on history of the business, see how long they've been in business, and see if they are actually qualified to do what they do, etc. It's not hard to do a quick Google search to see if someone is worth giving money to in exchange for services.

Often times people aren't willing to pay the price for quality either, and so go with the cheapest option they can find and wonder why the didn't get 5 star service.

I'm not saying OP did these things at all, but a lot of people do.
You hit the nail right on the head. It pays to do some research rather than just going from agent to the other.
 
1 - 18 of 18 Posts
Status
Not open for further replies.
Top