Facing visa 309 Rejection

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  • 1 Post By Mish
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Facing visa 309 Rejection


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Old 02-11-2015, 05:51 AM
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Facing visa 309 Rejection

Hello all,

Today, I received a call from my case officer for the first time after she emailed me last week. I was expecting good news and thinking "woohoo I am either going to get my partner visa approved 5 months from when I lodged it or I am missing maybe just one more document and then I'm set..."

Turns out it is not the best of news. She told me that based on all of my stat decs, pictures, timeline, receipts from restaurants, shared vacations, and other evidence, she believes that my boyfriend and I are in a genuine relationship.

However, what we lacked, she said, was evidence supporting the NATURE of our relationship. Evidence such as a joint lease, me being 100 percent beneficiary on my boyfriend's superannuation, and having our relationship registered in Victoria.

How the heck am I supposed to register our relationship in Victoria if I am, according to bdm.vic.gov.au, supposed to be an ordinary resident of Victoria, but cannot because I am not legally allowed to live there (hence, me applying for the partner visa so I CAN live with my partner in Victoria!!!!!).

My boyfriend was able to add me as 100 percent beneficiary to his superannuation and we are waiting for his real estate agent to add me to his lease. Additionally, we do have a joint bank account.

The case officer suggested that I ask my boyfriend what "he thinks being in a de facto relationship means." I am not sure what she was implying with that suggestion, maybe I am reading too much into that....but I digress.

Can anyone suggest anymore pieces of evidence that would make our case stronger? Perhaps specific documents that both our names should be on? Has anyone overseas applied to register their relationship in Victoria (or any other state) while outside of Australia?

This is so stressful as I have 28 days to come up with this or at least progress

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Old 02-11-2015, 05:59 AM
GBP GBP is offline
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Have you lived together for at least 12 months prior to application?


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Old 02-11-2015, 06:06 AM
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I second what GBP said .... have you lived together for 12 months?

309 visa you are required to have lived together for 12 months prior to the application.


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Old 02-11-2015, 06:07 AM
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Quote:
Originally Posted by GBP View Post
Have you lived together for at least 12 months prior to application?
Short answer: No.

I explained my living situation to my case officer through stat dec and she seemed to think that we lived together as best we could (not sure how else to put it) given our situation. My partner and I met and established our relationship when I was already halfway through my working holiday visa and I was already committed to a live-in nanny position beforehand, and after my visa expired, I could only live with him when he was visiting me in the states for 4 weeks and when I lived with him for 3 months under a tourist visa.

We were unaware that we could have applied onshore AND I could have worked under a bridging visa. Had we researched better, I would never have left and would have applied onshore.

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Old 02-11-2015, 06:12 AM
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Hmmm. Sounds like you do not qualify for a de facto visa.

One benefit the 309 has over the 820 is that you can get married before the decision on the 309 is made.

Another option (and I don't know if this is possible or not so you need to check) is, is there any way to convert the visa from a 309 to a 300 (PMV). I know you can change a 300 to 309 but I don't know about the other way. It may not be possible but unless you ask you don't know.

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Old 02-11-2015, 06:16 AM
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Thank you Mish and GBP for your replies

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Old 02-11-2015, 08:04 AM
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Quote:
Originally Posted by mthorn91 View Post
The case officer suggested that I ask my boyfriend what "he thinks being in a de facto relationship means." I am not sure what she was implying with that suggestion, maybe I am reading too much into that....but I digress.
You will be surprised how many people don't actually understand what it means to be in a defacto relationship. They think that because they have been dating for 6 months and share some of their finances that it counts as being in a defacto relationship. Defacto is living together as man and wife but without the marriage certificate. When my partner and I applied he had no idea how serious the application process would be and thought I was crazy going around setting up wills etc. But that's what a married couple would have! I was gathering whatever I could to show we were not just "dating".

You are right about Victoria. They are very strict on having BOTH applicants showing proof that they have resided in Victoria for 12 months at least, so you wouldn't be able to register your relationship.

Have a look at CG sticky, she has a few links to good posts with suggestions of relationship evidence.

http://www.australiaforum.com/visas-...resources.html

You could also try using the search function on the forum - search "partner visa evidence" or "309 evidence list" and you should find its of people listing what they included when applying for their partner visa.

But as the others have said have a think about seeing if you can change your application to a PMV perhaps. I would have thought that the CO wouldn't be giving you this opportunity to add additional evidence - and prompting you pretty much - if she was going to reject your visa based on you not living together for 12 moths. There is another person in your situation in another forum that I frequent and her CO has given her opportunity to submit more evidence despite the fact they only lived together for 9 months.

Also, maybe have a chat to Mark N or another agent who frequents this forum and get them to look at all your evidence.

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Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

Last edited by Engaus; 02-11-2015 at 08:08 AM. Reason: added more info

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Old 02-11-2015, 11:34 PM
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Thanks Engaus! Well, I am now 100 percent beneficiary on my partner's superannuation and will hopefully get the lease agreement back with both our names on it...those two documents are our last resort, fingers crossed it works. I will definitely look into the possibility of changing my application to a PMV. Thanks for all the info

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