Refusal of Partner visa 309 - Page 6

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Refusal of Partner visa 309 - Page 6


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  #51 (permalink)  
Old 01-22-2016, 07:40 PM
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Unfortunately I think it's highly likely your visitor visa would be refused because of the refusal of your partner visa, but you may as well wait to see the outcome and keep your fingers crossed.

To lodge your new 309 application, I would suggest you get a new migration agent. Your current agent doesn't seem to have handled your case very well, and you've obviously lost faith in them. There are several very good agents on this forum, including CCMS who has posted on this thread. I would not hesitate to use any one of them, so I'd suggest you contact one to arrange a consultation.

Couples in arranged marriages do get partner visas, as DIBP is familiar with this custom in many countries. But you do need to make sure you address the requirements of the visa application (financial, commitment, household, etc.) The fact that you've spent so little time with your wife will make your application more challenging, but a good migration agent will give you guidance on how to address this in your situation.

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Old 01-22-2016, 08:16 PM
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Having dealt with similar scenarios for Pakistani applicants,my advice is that you really need to go back to the drawing board and work out a good strategy with the correct supporting evidence.

A tourist visa application should also be achievable once a new application has been lodged ( if there is no merit in an appeal).

The chances of getting a tourist visa or family sponsored visitor visa approved under the current circumstances are practically zero.

If your agent has demonstrably stuffed up your application, demand a refund and payment of damages.Mind you, I only go by what you are saying about the agent. I don't like pointing the finger at anyone without knowing all the relevant facts. Agents are usually the first ones to be blamed if things don't work out for whatever reason.

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  #53 (permalink)  
Old 01-23-2016, 12:09 AM
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Quote:
Originally Posted by CCMS View Post
Having dealt with similar scenarios for Pakistani applicants,my advice is that you really need to go back to the drawing board and work out a good strategy with the correct supporting evidence.

A tourist visa application should also be achievable once a new application has been lodged ( if there is no merit in an appeal).

The chances of getting a tourist visa or family sponsored visitor visa approved under the current circumstances are practically zero.

If your agent has demonstrably stuffed up your application, demand a refund and payment of damages.Mind you, I only go by what you are saying about the agent. I don't like pointing the finger at anyone without knowing all the relevant facts. Agents are usually the first ones to be blamed if things don't work out for whatever reason.
THIS IS THE MAIL I HAVE WRITTEN AFTER I GOT REFUSAL LETTER

Dear (name of Agent), To be honest, that outcome we were not expecting at all from a very expert migration agent. This outcome can be get without any efforts. It is a big disappointment from your side. It is lot easier for you to write down the mail to send us, but it is very hard for us to digest this bad news, after waiting longtime for visa be granted. You know this kind of decision can put life of effected person on risk, who do not have enough courage to bear this kind of ugly and bad news to hear.
Definitely we both (me and My wife name) were remained in shock for last couple of days and still we are in to it. this situation mentally depressed both of us and disappointed us. We are just keep thinking what we do next.

Dear (Agent name), If i will be very honest, I will definitely say it to you, the way outcome came out, is shows that you have not gone through my application properly and situation. and did not give enough time to my case to understand first, you and (another agent name who works with him) did not try to understand situations of both of us, or you did not read policy of immigration department perfectly. Or you did not know the definition of spouse or de facto, or you had confuse picture of cultures, that is the reason you could not guide us properly. Otherwise submitting a paper from one hand to other was not a big deal.
There are only two things what I can understand after getting this outcome that you have very less expertise in this field, or you were so busy in other things that you could not give enough time to go through the case properly before deciding or diagnosing what visa will be the best in our situation. These out comes are totally not acceptable after spending huge amount of money and precious time.

Even you could not tell us what visa will be the most suitable for us. I went through whole attached file which you have sent it to me, I do realize after reading whole decision record copy which shows that marriage paper are original, nikah nama is original and registration of Nikah nama is original as well, and he acknowledge my friends and (my wife name is here)'s work mate s comments and paper that they are ok to him, he acknowledge our phone calls contact and Skype contact as well. He understood that our nikah ceremoney is done in hotel , and hinna has done in a informal way in housel because we have provided evidences.
Few thing even he understood and he written that like living togather, or sharing house or bills or household things or spending money on household items and sharing accounts was simply not possible because (my wife name) was not here in Australia.

He has only objection we did not spend time together or did Rukhsati. what is Rkhsati??? rukhsati is after nika women is allowed to go to husband' s house and live with his forever. So in (my wife name is here)'s case her husband house is in Australia, so rukhsati was not subjected to be on condition of visa it was subjected to when and how she could come Husband's house, its very simple to understand , she could come her husband's house after getting visa because her husband house is in Australia and that she was waiting for to get visa and come to her husband house. If she dose not have any visa how can she come and stay her husband's house.

Even I born in (my mother country name is here), and lived in (my mother country name is here) more than other part of world but it dose not mean I should have house in (my mother country name is here) And I went there for only few days for marriage, and did the important rituals what were most important for marriage after rukhsati where would she stayed, In (my mother country name is here) culture, rukhsati is not a big thing NIKAH is a big big thing, after nikha , it is couple decision when they have to go. But if Rukhsati was a big thing for this visa and immigration point of view, you must have to tell us what is definition of spouse in immigration point of view.

Being an expert and professional, you mus have t told us after going through our case, what we need and what we are missing in our documents to be fulfilled . how can we get the desired results. we both me and (my wife name is there) have told you everything and even write down every thing in our story. We mentioned each and everything , we did not hide and did not try to mislead you. The purpose was to give you true picture so you can decide what visa will be most appropriate for us.
We hired your services and paid what every you uttered , even we did not bargain on it, we paid as you told , we did not delayed at all. After hiring you for our case we were satisfied that this is the right person who can deal with our case.We even did not think again to study that visa, if we had to do all then why would we pay you this big amount of money in the form "immigration agent fee"

If visiting visa was part of this process then you must have emphasis us or tell us importance of that visa. This the genius relations and only because of lack of understanding made our future dark. I could go (My mother country name) if I knew that my visit is as important for the immigration point of view.

He also wrote about financial support to (My wife name here), and case officer mentioned that he received receipts of financial support to (My wife name is here) till April 2014 receipt, while I have sent heaps of receipts to (another immigration agent name who works with him), but she did not forward to him,even I asked her either she has forwarded copy of receipts of finance to spouse evidence she simply said if case officer will ask then she will send it to him. (its quite simple rule, more evidences are better than less), you people should be more proactive rather than sitting lay back and waiting for refusal of visa.

I bought a house here in (City name where I live now) and I included (my wife name is here) s name as well, mentioning as my wife. If some one has asked for further evidence I must provide them this house registration copy which was another prove.

And the most annoying thing you even did not call us and let us know, you simply sent us mail and kept quite, I called (an other agent name is here who work with him) on Monday morning , she told she is not aware of it" why visa is been refused" because she was not in the office on Friday while Monday she told (Actual agent name is there) is not in the office, I called three times last few days and every time it goes on record message, so who do we talk to???. This is kind of nonprofessional behavior.

As an abstract , I will say you both are on fault u both people, I want compensation for my money, for my time, emotions what you have ruined, stress what we face during all this process, and depression what we are feeling now.


Last edited by ahamidkhan2003; 01-23-2016 at 12:21 AM.

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  #54 (permalink)  
Old 01-23-2016, 12:25 AM
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Are you legally married? You mention Nikkah, Nikkah is not valid in Australia. It needs to be a legal marriage certificate.

Is your agent registered? Are they recently registered? The first 2 numbers will tell us what year they were registered.

Did you consult the agent before you married? When my husband and I got engaged and wanted to do the visa we consulted with an agent and was told to apply for a PMV and under no circumstances were we to get married unless we could live together after marriage for atleast 4 months to gather evidence.


  #55 (permalink)  
Old 01-23-2016, 12:32 AM
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Quote:
Originally Posted by Mish View Post
When my husband and I got engaged and wanted to do the visa we consulted with an agent and was told to apply for a PMV and under no circumstances were we to get married unless we could live together after marriage for atleast 4 months to gather evidence.
I was basically the same as you, and had been living together for 10 months before applying for PMV.

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  #56 (permalink)  
Old 01-23-2016, 12:38 AM
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Good point - Are you legally married? You mention Nikkah, Nikkah is not valid in Australia.


If so you have requirements for PMV.


  #57 (permalink)  
Old 01-23-2016, 05:48 AM
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Quote:
Originally Posted by Mish View Post
Are you legally married? You mention Nikkah, Nikkah is not valid in Australia. It needs to be a legal marriage certificate.

Is your agent registered? Are they recently registered? The first 2 numbers will tell us what year they were registered.

Did you consult the agent before you married? When my husband and I got engaged and wanted to do the visa we consulted with an agent and was told to apply for a PMV and under no circumstances were we to get married unless we could live together after marriage for at least 4 months to gather evidence.
Actually Question for Nikah is legal or not legal in Australia is not a topic we are talking here, it is been accepted and without this, marriage is not considered marriage in lot of countries of the world. My marriage is legal what DIBP accepted as well. Only issue came we did not spent enough time together. Rest I told in my mail conversation with my IMMI agent.
Immi agent is experienced guy , because he did my last visa for me successfully, may be he had lot of expertise in those kind of visas, but this visa he just accepted , may be I was his client, but I think he did not have lot of expertise in this visa. My agent is been working since 2003 so he has 13 years experience as well as he registered immigration agent, otherwise I would not pay him heaps of money definitely.


  #58 (permalink)  
Old 01-23-2016, 05:51 AM
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Originally Posted by ampk View Post
Good point - Are you legally married? You mention Nikkah, Nikkah is not valid in Australia.


If so you have requirements for PMV.
Actually Question for Nikah is legal or not legal in Australia is not a topic we are talking here, it is been accepted and without this, marriage is not considered marriage in lot of countries of the world. My marriage is legal what DIBP accepted as well


  #59 (permalink)  
Old 01-23-2016, 05:54 AM
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Originally Posted by Mish View Post
Are you legally married? You mention Nikkah, Nikkah is not valid in Australia. It needs to be a legal marriage certificate.

Is your agent registered? Are they recently registered? The first 2 numbers will tell us what year they were registered.

Did you consult the agent before you married? When my husband and I got engaged and wanted to do the visa we consulted with an agent and was told to apply for a PMV and under no circumstances were we to get married unless we could live together after marriage for atleast 4 months to gather evidence.
I did consult my agent before marriage and ask him what and how do we do. I have his mail in my record where he offered me to sign the contract before leaving Australia so he can start his processes to look for form and questioner and other things so thing compile faster.


  #60 (permalink)  
Old 01-23-2016, 05:56 AM
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Originally Posted by ampk View Post
Good point - Are you legally married? You mention Nikkah, Nikkah is not valid in Australia.


If so you have requirements for PMV.
What is PMV, is it (perspective marriage Visa) ???


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