help with spouse visa

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help with spouse visa


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Old 01-15-2012, 05:09 AM
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help with spouse visa

hello everyone this is my first post here
i am an Australian citizen, my wife is from china but lives with me here in aus we had applied for a spouse visa but because we did not fit the criteria we are know in the tribunal stage. but know we have a 1 year old child together and fit the criteria for the spouse visa but because we had the child after we applied for the visa we still have to wait for the outcome of the tribunal stage. if the tribunal deny my wife's visa she will get a 28 day notice to leave.

so my question is is there anything else we can do so my wife can stay here if the government makes my wife go back to china she will be leaving me and are child here in aus.

thanks for your help


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Old 02-08-2012, 03:45 PM
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anybody know ?


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Old 02-09-2012, 12:12 AM
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Quote:
Originally Posted by lukeleon9 View Post
hello everyone this is my first post here
i am an Australian citizen, my wife is from china but lives with me here in aus we had applied for a spouse visa but because we did not fit the criteria we are know in the tribunal stage. but know we have a 1 year old child together and fit the criteria for the spouse visa but because we had the child after we applied for the visa we still have to wait for the outcome of the tribunal stage. if the tribunal deny my wife's visa she will get a 28 day notice to leave.

so my question is is there anything else we can do so my wife can stay here if the government makes my wife go back to china she will be leaving me and are child here in aus.

thanks for your help
Have you contacted your Case Officer regarding your child? Most times if your situation changes drastically, in your case having a child, then that can change the outcome of your current application. I'm unsure of the number you would call from within Australia, but start gathering evidence of your relationship including pictures. Pretend you're filing for a new spouse visa so get everything you can think of that would would prove you are a true couple. Call whatever contact number they have given you and let them know your situation has changed, you have more evidence of relationship (whatever evidence you've gathered including birth certificate of your baby, etc) and ask what you can do. Maybe the new information will help them approve you sooner.

Good luck!

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Old 08-30-2012, 04:37 AM
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We have received a notice to attend an interview in mid September for the mrt this has taken 2 years.
The only problem i have is now me and my partner have been married for more than 2 years and are daughter is 20 months old but the mrt could deny the spouse visa and give my wife 28days to leave. From what i have read online this would be a breach of international law but i can see many references of the government making mothers an fathers of Australian children leave.

If anyone can help what do you think i should do next what legal avenues can i take?


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Old 08-30-2012, 10:04 AM
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In my opinion you need to speak with a good migration agent as soon as possible. I've read on the forum that George Lombard is the right person for the appeals. Welcome to Austimmigration | George Lombard Consultancy Pty. Ltd.
Perhaps you can get him to review your case, ask for an advice??

Good luck!

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Old 08-30-2012, 10:42 AM
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Great thank you for the link


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Old 08-30-2012, 11:13 AM
bma bma is offline
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Quote:
Originally Posted by lukeleon9 View Post
Great thank you for the link
You're welcome, hope it helps. Have you checked MRT website? Perhaps you can find a case, similar to yours... Migration Review Tribunal of Australia
Anyways, I really think you need to speak with an agent...

All the best!


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Old 08-30-2012, 03:17 PM
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During the MRT, an agent can only prepare you for the fight. They cant actually fight on your behalf. It is your review.

Take it seriously and everything should be ok. Seek a professional for help getting your case prepared. It is not an appeal. The Government is required to give all applications lodged inside Australia the chance at a decision review.

At this stage, you need an experience Migration Agent. Not a Lawyer.

I would recommend Australian Migration & Visa Lawyers
I am in not affilliated with them. I just know they are very professional and know what they are talking about.

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Last edited by Ausstart National; 08-30-2012 at 03:20 PM.

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Old 08-31-2012, 01:55 PM
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Thanks everyone i made a few phone calls today and felt a little bit better. That was untill i read the mrt website it does not look like they approve many.


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Old 09-02-2012, 05:43 AM
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Quote:
Originally Posted by lukeleon9 View Post
Thanks everyone i made a few phone calls today and felt a little bit better. That was untill i read the mrt website it does not look like they approve many.
The thing is that applicants need to fulfill the criteria at the time of lodging an application, what happens afterwards can't overwrite what was missing at the time of the application.

I have no idea what happened in your case, but do check this interesting case: 1007797 [2012] MRTA 1702 (18 June 2012)

That couple had heaps of evidence, but what they were lacking was sufficient proof they were in de-facto relationship for 12 months before applying for a partner visa.

Also, they haven't submitted any evidence as compelling and compassionate reasons in favour of grant of the visa. But you can, cause you have a child together...

So what you need is a good migration agent (as the other Ausstart National suggested, too) that will help you with your case.

Just the fact that you have a child together probably won't get you your visa. You need to prepare a strategy, questions, answers, you can see from cases at MRT what they want to know and what (compassionate and compelling) cards you can use to win...

All the best!


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