Visa 309 Partner in Fiji

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  • 1 Post By CollegeGirl

Visa 309 Partner in Fiji


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  #1 (permalink)  
Old 04-09-2016, 08:41 AM
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Visa 309 Partner in Fiji

Looking for some assistance from anyone who is in the same boat and has not been able to get their partner to Australia on a Visitor Visa but has applied for a Partner Visa class 309 (March 2016). Our evidence is lacking in financial, social and household as we have not been able to live together. I work in Australia and he works in Fiji and had a Visitor Visa rejected for "no intention to return". As we are not able to live to together attaching evidence is difficult in all areas. I visit Fiji every three months for us to be together but I have had to take leave without pay for this to happen and as he only has 2 weeks annual leave he is normally working when I go over so having joint travel, commitments and socially outings are limited. We are getting married in July 2016 in Fiji and had our relationship registered in NSW in January 2016. So far the evidence we have is:

All forms of ID from both parties
Joint bank account in Fiji opened in Oct 15 (for wedding and visa spendings)
Record of bank transfers from myself to him before joint account
Beneficiaries of each other's wills and superannuation
Travel documents of me going to Fiji regularly and one holiday we took on his annul leave in Fiji
Phone records (massive list) of contact whilst apart
Wedding invitations and RSPV's
Form 888 from family members and friends in Aust
Stat decs from Fiji family and friends (equivalent to form 888)
Relationship statement from both parties
Relationship registration
Payslips and contracts from both employers
Stat dec outlining that Fiji does not have notice of intention to marry document
Facebook relationship history and friends in common
Photos of friends and family

I feel we don't have enough. I'm planning to write stat decs for each of the components to try and explain why the evidence is lacking because we can't live together.

Any assistance on what I'm missing or suggestions would be great thank you


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Old 04-10-2016, 03:27 AM
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Suggest that it might be worth waiting until you are married before applying for the visa. The application fee of $6,865, is an awful lot to risk losing on the whim of a case officer.

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Old 04-10-2016, 05:35 AM
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Jeremy,

We have already applied in March 2016 on the advice of an immigration agent as if we wait until we are married that's 12-15 months of being together but being unable to live together. She also stated the visitor visa would continue to be rejected until we applied for a partner visa. So we registered our relationship and applied. The agent advised a prospective marriage visa would be pointless as we are getting married so soon.

Is there anyone else in the same situation who can provide advice?


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Old 04-10-2016, 05:58 AM
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12-15 months? you need to know the exact date your "Defacto Relationship" started.

How long have you actually spent together?

PMV is only out of the question if you are so stubborn as to not consider that if you marry it can never be an option again, you already admit your evidence is VERY light in SEVERAL areas.

I suggest pause, sit down and look at the facts you have from a CO point of view.

See what options you have left and consider the most likely way you MAY get a visa.


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Old 04-10-2016, 06:10 AM
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Having registered your relationship will waive the requirement to have lived together for 12 months before applying as a de facto couple (you aren't married yet, you aren't applying for a PMV, so when you applied, you were applying as de facto). Though with a 309, if you marry before the visa is decided, you then get assessed as a married couple anyway (not the case with an 820).

However - all that to say - that DOES NOT waive any of the requirements for evidence in the financial, social, and household categories, I'm afraid. Honestly I would be concerned you don't have enough evidence, too. But you've already applied - the ship has sailed, the horse is out of the barn, etc. There's nothing you can do but supply absolutely any other evidence you find and send them the evidence of your marriage. Honestly were I in your shoes I probably either would have postponed my wedding and gone the PMV route (less evidence required/expected - many, many people, myself included, have had to postpone their wedding and schedule it around the PMV - I had to plan ours in 3 months and most of my friends and family couldn't make it there from the US, but we're still hoping to do a vow renewal in the US next year so we can share that experience with them) or waited until I had more evidence. My now-husband and myself were separated for 18 months waiting on his PR and then our PMV, and only got to see each other once during that time. So I know how hard it is to be apart. But sometimes temporary sacrifices ensure a long-term ability to be together, as hard as it is. Was your agent MARA-registered? Just curious. We recommend that here as that's the only way you have any recourse if they were to give you bad info/advice. I'm NOT saying that's what's happened to you - your agent has actually looked at your evidence, and it's possible it paints a clearer picture than it sounds like on the surface for Immi. I'm keeping my fingers crossed that's what's going on here and you'll be approved! There's not much you can do at this point except wait and hope and supply absolutely any other evidence you can think of.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Last edited by CollegeGirl; 04-10-2016 at 06:13 AM.

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Old 04-10-2016, 07:27 AM
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If not registered MRA agent, can do the costly withdraw and go PMV.

But from what I read I would not have submitted the application on what has been said here. Certainly a Registered agent would not have applied a defacto then married during application?

(Good to see you back CG).


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Old 04-10-2016, 08:57 AM
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Hi all,

Defacto for 15 months now. Agent was MRA registered and I originally looked to apply PMV but agent told me to go Partner as wedding is so soon and it was up to case managers discretion (not guaranteed) if PMV can be changed to Partner following marriage.

Unfortunately can't do costly withdrawal of visa to change to PMV and postpone wedding as my wedding was scheduled (guests flights and accom to Fiji) before considering permanent visa (we were looking at visitor visa initially to determine which country would be best for us to live in).

A lot of speed bumps but look to persevere with whatever evidence we can pull together and hope for the best.

If anyone (who is applying for partner but has no lived together extensively) has an ideas on financial, household and social support evidence which I can add that would be appreciated. Thank you


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Old 04-10-2016, 09:26 AM
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I am not 100% but think this is a WRONG statement - It is not the CO but regulation that dictates this.

"I originally looked to apply PMV but agent told me to go Partner as wedding is so soon and it was up to case managers discretion (not guaranteed) if PMV can be changed to Partner following marriage. "


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Old 04-11-2016, 02:54 AM
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If you are applying for a 309/100 Partner visas then you can lodge before marriage and be processed as a married couple after your wedding.

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

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