Tourist Visa Refusal - subclass 676

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Tourist Visa Refusal - subclass 676


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Old 12-26-2012, 01:13 PM
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Tourist Visa Refusal - subclass 676

Hello,

we recently got married and my wife is at Egypt and she applied for tourist visa 676 and the response back was stating that I am not genuinely intend to visit Australia temporarily. - Refusal!

What is best course of action to take? should we apply for the sponsor subclass 679 instead?

She has no job, no money and i will be supporting her and she will be applying for the partner visa 309/100 but we need to be together at the moment.

Any advice is much appreciated!! Thanks in advance


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Old 12-26-2012, 01:31 PM
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I am no expert and im sure many people on this forum will help you if they can, but if your married and you applied for a visa to enter Australia obviously they would ask why you havent applied for a partner visa. I think applying for a tourist visa when you obviously want to be together permanently would cause some suspicion to the immigration. You could and i think its advisable is to contact an agency who could help you more and advise you to your best options.

Good luck

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Old 12-26-2012, 01:50 PM
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Hi -

We were talking about this same requirement - the "Genuine Temporary Entrant" criteria introduced on 5 Nov 2011 in another thread this evening as one of those criteria that is worded in such a vague and general way that it can be used to refuse a visa for all kinds of reasons and projections about what an applicant might do if granted a visa for Australia.

The 679 is an option, but processing times on these are not fast - can be several months or longer. The fact that she has no job or money are likely major reasons she was denied the visitor visa - ie, she has no strong ties to her home country, therefore the risk of overstaying increases.

You may find that once you lodge your 309/100 visa application it will be easier to get a visitor visa - from what I've seen from clients this has been true in many cases, however the problem still exists that visitor visas from countries with current civil unrest can be very difficult to get.

I'd say either go for the 309/100 and then a visitor visa (or 679), or if you're not ready to lodge for the 309/100, perhaps give the 679 a try. The 679 is issued either for a 3 month stay or 12 month stay, no work allowed, and it's not extendable.

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Old 12-27-2012, 11:48 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi -

We were talking about this same requirement - the "Genuine Temporary Entrant" criteria introduced on 5 Nov 2011 in another thread this evening as one of those criteria that is worded in such a vague and general way that it can be used to refuse a visa for all kinds of reasons and projections about what an applicant might do if granted a visa for Australia.

The 679 is an option, but processing times on these are not fast - can be several months or longer. The fact that she has no job or money are likely major reasons she was denied the visitor visa - ie, she has no strong ties to her home country, therefore the risk of overstaying increases.

You may find that once you lodge your 309/100 visa application it will be easier to get a visitor visa - from what I've seen from clients this has been true in many cases, however the problem still exists that visitor visas from countries with current civil unrest can be very difficult to get.

I'd say either go for the 309/100 and then a visitor visa (or 679), or if you're not ready to lodge for the 309/100, perhaps give the 679 a try. The 679 is issued either for a 3 month stay or 12 month stay, no work allowed, and it's not extendable.
Thanks heaps for you detail reply.

Does it really matter if i apply both at the same time 676 with 309/100?


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Old 12-27-2012, 11:59 AM
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There's no hard and fast rule about this, so I can't give you any particular advice, however from my experience I have observed that once the 309/100 has been lodged and is in processing, some clients have had an easier time getting a subclass 676 visitor visa and they have already made their intentions clear (they are married to or the de facto partner of an Australian). My guess is that in this case the 676 application is assessed a bit differently and the evaluation may factor in the sponsor and pending Partner visa application to some degree.

We've found that the root cause of many visitor visa refusals is that DIAC believes the person may use the visitor visa to come to Australia, then attempt to stay permanently (ie, refugee visa application, etc) and therefore are not a "Genuine Temporary Entrant". Successful strategies to combat this we've found include focusing on all of the applicant's ties to their home country, including financial, employment, family, asset ownership, and other types of ties. The Genuine Temporary Entrant guidelines can be helpful in identifying what aspects of an applicant and application that DIAC tends to be looking at when evaluating this assessment criteria.

But in the case of a pending Partner visa application, DIAC has much more info about the applicant and partner, the applicant clearly has ties to an Australian (via marriage or de facto partnership), and the intentions of the applicant can be clearer via the evidence of the Partner visa application.

Hope this helps - good luck with you case!

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Old 12-29-2012, 10:52 AM
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Did you do your homework before you applied for the visa.. I think you did not.

If you apply for another visa with-out doing your home work it will be refused also.

The internet has so much information for you to research but you wasted your time and money on the first application. good luck..

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Old 12-29-2012, 11:10 AM
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Originally Posted by MarkNortham View Post
There's no hard and fast rule about this, so I can't give you any particular advice, however from my experience I have observed that once the 309/100 has been lodged and is in processing, some clients have had an easier time getting a subclass 676 visitor visa and they have already made their intentions clear (they are married to or the de facto partner of an Australian). My guess is that in this case the 676 application is assessed a bit differently and the evaluation may factor in the sponsor and pending Partner visa application to some degree.

We've found that the root cause of many visitor visa refusals is that DIAC believes the person may use the visitor visa to come to Australia, then attempt to stay permanently (ie, refugee visa application, etc) and therefore are not a "Genuine Temporary Entrant". Successful strategies to combat this we've found include focusing on all of the applicant's ties to their home country, including financial, employment, family, asset ownership, and other types of ties. The Genuine Temporary Entrant guidelines can be helpful in identifying what aspects of an applicant and application that DIAC tends to be looking at when evaluating this assessment criteria.

But in the case of a pending Partner visa application, DIAC has much more info about the applicant and partner, the applicant clearly has ties to an Australian (via marriage or de facto partnership), and the intentions of the applicant can be clearer via the evidence of the Partner visa application.

Hope this helps - good luck with you case!
Mark, where can I get a copy of The Genuine Temporary Entrant guidelines please?


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Old 12-30-2012, 01:31 PM
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Hi - I should clarify that the Genuine Temporary Entrant provisions directly apply to student visas, and are available here:

http://www.immi.gov.au/gateways/agen...essing-gte.pdf

These were originally applied beginning 5 November 2011 as part of some major changes to student visa policy. However, the reason I mention them sometimes in discussions of visitor and other temporary visas is that these guidelines provide a very valuable insight into how DIAC assesses visitor visas. While they do not use this specific legislative instrument (again, it's used directly only on student visas), the GTE guidelines in terms of ties an applicant has to their home country, etc can be very helpful in putting together visitor visa applications (specifically for high risk countries for subclass 676 visitor visas) to try and front-load the decision making process with evidence and information as to why an applicant should not be refused a visitor visa.

Hope this helps!

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Old 12-30-2012, 01:35 PM
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Originally Posted by MarkNortham View Post
Hi - I should clarify that the Genuine Temporary Entrant provisions directly apply to student visas, and are available here:

http://www.immi.gov.au/gateways/agen...essing-gte.pdf

These were originally applied beginning 5 November 2011 as part of some major changes to student visa policy. However, the reason I mention them sometimes in discussions of visitor and other temporary visas is that these guidelines provide a very valuable insight into how DIAC assesses visitor visas. While they do not use this specific legislative instrument (again, it's used directly only on student visas), the GTE guidelines in terms of ties an applicant has to their home country, etc can be very helpful in putting together visitor visa applications (specifically for high risk countries for subclass 676 visitor visas) to try and front-load the decision making process with evidence and information as to why an applicant should not be refused a visitor visa.

Hope this helps!
Mark this is GOLD!!! Thank you. We had opted out of trying for a tourist visa because we felt that the reasons to return home section was a bit lacking for us and he is from high risk so this will be a really great resource for us if we do change our mind.

Thank you for your time and effort.


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Old 12-30-2012, 01:42 PM
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Glad I could help! For better or for worse there can be a great deal of difference in how a subclass 676 visitor visa application vs an ETA visitor visa application is treated when there is another pending PR visa application and/or family in Australia. ETA's are very routinely approved for people with pending partner visa applications, whereas 676's for people with pending PR applications can be seen as a way to short-cut the approval process for the visa.

Again, while the GTE provisions are not directly applicable to visas other than student visas, I've found they do provide excellent insight into DIAC's thinking re: temporary entrance to Australia, especially with subclass 676 (high-risk) visitor visa applications.

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