withdraw defacto application

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withdraw defacto application

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Old 08-20-2012, 12:08 AM
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Unhappy withdraw defacto application

Hey message to find out what the G.O is with withdrawing applications... as in is there a refund.. or do we loose the whole $3000+

We applied for a defacto temp visa 13 months ago... and i have been on the phone and emailing immigration wondering where we are at.. some people are helpful, others are a dead end..

We are leaving the country in September to return to my partners home country in Canada for family reasons.. which means we would have to apply for a bridging VISA B.. however in doing this would have to give a return date.. which we cannot estimate right now due to this family matter.

I received one email back when I asked what was going on, and now there stating we did NOT include a AFP report, but when the application was lodged my partner had only been in Australia for 8 months.. which waived the whole living in another country for 12+months so need police check from each country living in for 12 months +..... so is this right.. because it has taken almost 14 months we now need one?? regardless we have applied.. but the AFP is experience high demand.. 4 week demand.. we have 5 weeks until we fly out.. so we are think we may need to withdraw application and count our losses... so so sooooo upsetting and stressful.. but maybe it isnt worth the stress

Ps we applied onshore.. which is why we need to be here

Anyways main questions are..
What are the repercussions with withdrawing a defacto VISA
do we really need a AFP if when application was lodged hadnt been in Australia for 12 months?

Any advice would be great.. i dont believe the person emailing me back is my C/O as they were only emailing me when I first emailed them.. so maybe we wont even be approved for another 2-3 months? which we dont have

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Old 08-20-2012, 01:32 AM
bma bma is offline
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Certainly don't withdraw your application, you've been waiting for 13 months already! Don't loose any more time asking yourself whether they're right asking you for a police check, just ask for it at once and send it to the immigration asap. Our police check took two weeks exactly.
And after you get it, put some pressure on the immigration officer, call them, explain the situation etc... After all you've been waiting for a long time.

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Old 08-20-2012, 02:21 AM
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Just my two cents, but I would call Immigration, explain the situation about you needing to go to Canada due to family matters with a return date being unknown. I would make it a point to say that you DO intend to return to the country at some point, even if when is unknown. I would also point out how long you were waiting and what processing time you were told when you applied because quite frankly you're only in this stressful situation because of THEM taking so goddamn long (I've been waiting 13 months too, by the way, so I'm annoyed as well). About the AFP, it's good that you've already applied for it, but I would also tell whoever requested it that at the time of application that it wasn't required due to the length of time your partner had been in Australia at the time. Tell them that you will need to leave the country due to family matters and that the results may not come before you will have to leave. See what they say about that.

Although withdrawing your application shouldn't negatively affect you at all aside from mentally & financially, I really don't recommend that you do that at this point. I reckon that you may end up kicking yourself in the future if you do. :/


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Old 08-20-2012, 02:25 AM
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I agree with what BMA said and on top of that withdrawing your application so "easily" may not look very good for you case - I don't think they're allowed to officially take it into account if you do it again, but they will notice which couples persist through difficult things to be together. "Giving up" when it gets too complicated is not a good sign to them of how serious and confident you are. At the end of the day your relationship is real and genuine and they won't be able to deny that if your evidence is good, so why make them question your need for this visa by withdrawing over some more paperwork?

Police checks are no big deal, we all have to do them and it can be an easy job and in comparison to stopping now and then starting again from zero I doubt you'd be gaining by not doing this.

As for the Bridging Visa B - it is understandable both that they want to know when your partner gets back (they are working on granting your partner free access to Australia and are presuming your partner thinks this is as big a deal as they do) and it is also understandable that you may simply not know yet. You can estimate a return date - one further away than might be necessary... and then ask them if it would be a problem if your partner comes back earlier than expected. Give them a date, any date, and work with that as best as you can. They will probably be more willing to let your partner back in earlier rather than after the agreed return date.

And as BMA said just talk to your case officer. Immigration deals with people and human situations non-stop - from inlaws to sick relatives abroad to pretty much anything involved with having an international relationship. You won't be the first they've seen in this situation and there has to be a way to work it.

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Old 08-20-2012, 04:42 AM
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Remember that you need to be onshore only when the visa is granted for it be valid. Here is one idea.

In the case of offshore applications, the opposite to your situation applies: the applicant must be outside Australia at the time of grant. A lot of people travel to Australia during the processing time to be with their partner, and you will find many stories where people have negotiated with their case officer to let them know when their visa is about to be granted. Once they know that granting is imminent, they leave Ausralia for a few days (e.g. to New Zealand) to satisfy the requirement of being offshore, and then they re-renter Australia on their new partner visa.

In your case, your movements would just be in the opposite direction, as long as you can get your CO on board. So you can leave for Canada as planned now, then when the CO notifies you the visa is about to be granted, your partner flies back to Australia. When in Australia, the visa is granted, and she can stay anywhere from a few days to a few weeks visiting friends and family before she returns to Canada again.

After this it will be less than a year until she becomes eligible for the Permanent Visa, and in that case she can be in or outside Australia when that is granted. There is no requirement for you to have been in Australia during that time, simply that your relationship has continued and is still genuine.

So, first of all, speak to your case officer and explain the situation. Arrange for an appropriate bridging visa with a 'return' date somewhere in the future, as suggested by Nellly87. Consider buying a flexible return ticket (Aus-Can-Aus) which will allow you to make changes according to the date they will want to grant the visa.

As recognised already by bma and nighstar, the fact that you have been put into this situation is entirely the fault of DIAC, who quote a service standard of 6 months for low-risk applicants onshore. They must be accountable for the stress they have put you under and for the current situation. Consider also making a complaint.

I realise this is a huge headache and calls for more expense, but it would be such a pity to withdraw your application and lose the 3 grand you've already paid - not only after you've been waiting so long already, but also because your relatioship hasn't ended and you've already been following the rules to the letter. Having said that, I don't think that if you do withdraw and want to apply in the future, that the withdrawal will affect anything - after all, you're not breaking up, you're just moving back to your partner's country together. Your relationship will not have stopped being genuine and continuing, it's just the circumstances that will have changed.

Good luck.

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