What options do I have?

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  • 5 Post By Adventuress
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What options do I have?


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Old 03-22-2013, 01:13 AM
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What options do I have?

So we were just refused a PMV on the grounds that they didn't think our relationship was genuine and that we would live as a ongoing spousal couple.

What options do I have now? You help would be most appreciated.

There is the migration review tribunal. Only a short 2 year wait for that to be processed and it merely would overturn the decision, not grant a visa, therefor we go back into the process of the PMV being assessed. It's also another $1500.

Any other ideas?


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Old 03-22-2013, 03:39 AM
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Is there anywhere else you can both go, to gather more evidence before trying to apply again in the future?

I apologise because I don't know your entire circumstances, but it's a thought.

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Old 03-22-2013, 05:34 AM
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Ok, you have a few options here that we can examine together. Obviously none of them will be ideal and may not suit your circumstances, but the most important thing for you to remember is that there is no such thing as a dead end.

Lodging an appeal with the Migration Review Tribunal is one option, yes. Their average processing time for partner visas is currently 539 days, which isn't quite two years but about 18 months. But there have been stories of people getting through within 8 months. If you're successful, half of your $1540 fee is repaid to you. But as you say, it doesn't leave you with a visa in the end, it just goes back to processing at the same embassy, although your file will have priority.

Another option is lodge another PMV. Would you be able to visit him in Greece to get additional evidence for the genuine and continuing nature of your relationship? If you lodged the application again at the same embassy with additional evidence, you may be approved as they will also see that your relationship has not ended even through such adversity as rejection.

Another option you have is to visit him and marry him in Greece or wherever else he might be, and then to lodge a partner (married) visa with evidence towards that. You sad that " they didn't think our relationship was genuine and that we would live as a ongoing spousal couple" - this would disprove that notion of theirs. Of course this isn't ideal, and I understand you have concerns regarding access to medical care - but you could go for up to a year (up to, not necessarily that long) and take out travel insurance to cover you for that period. Otherwise, you said that he has a Greek residence permit - does this entitle him to travel easily through the European Union? It's just an idea, but you could both move to a European country that has a Reciprocal Healthcare Agreement with Australia. Italy is the closest one, but there are others - see this link. Yes of course this would be a big and difficult step for both of you, but it is an idea, and you may be able to tweak it to better fit your own circumstances.

Stay strong darling, there are always options open to you, and remember: where there's a will, there's always a way.

purple, AJ67, CollegeGirl and 2 others like this.

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Old 03-22-2013, 11:21 PM
bma bma is offline
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I'm just a forum user who went through the partner process myself, but in my humble opinion it would be good if you guys make a step back, don't rush into anything until you write down the pros and cons for all the possible future steps.

Your next application needs to be as solid as possible. I've read many MRT cases and I'm not sure going to MRT is a good choice. Your life would be on hold for two years, and if you're successful, they don't approve your visa, they just tell you to apply again (and it would be granted).

With all the time you spent on this forum, you know now very well how the partner application should look like, what evidence they want to see, etc.
Although there's hardly any evidence needed for PMV, you could see in your case they wanted lots of evidence. A respectable migration agent said that nowadays they want heaps of evidence for a PMV, and if that's what they want in your case (and obviously they do), you have to give them that.

Some of the second thoughts I have about your case (if I'm thinking as a migration officer):

1)
Are you an Australian citizen or a permanent resident? And what is your financial situation? If you are a citizen, you don't have to live in Australia in order to sponsor him, but... on the other hand, you need to present to the immigration you will be able to provide for both of you once he's given his visa and I'm not sure quitting your job and going abroad is the right choice...

2)
What does he do in Greece? Does he have a job, how does he spend his days, where does he live?

Do you remember there were a few cases about migration frauds on this forum a short time ago, where women explained how they were courted and treated nice and all good until their partner's visa got granted and then it turned nasty? Those sponsors all filed a complained with the immigration, and it could be that cases like these affect the decisions of immigration officers on the applications where there isn't much proof.
And after all, the immigration process itself is not fair, the ETA countries have a huge advantage regarding the processing time, and the applicants from Egypt for example have to defend themselves why didn't they have a big posh wedding, the immigration saying that's a sign their relationship is not genuine.

Because your partner is from Ghana, he lives in Greece and your application needs to be submitted to Berlin, I'm sure your application will be dealt with suspicion, so you need even more evidence than somebody else would.

I'm afraid you'll have to show the immigration he's not a bum, a tramp who'll get lucky by marrying an Australian girl (please, don't get offended, I'm just trying to think like an officer who works at the Berlin Embassy (I'm European, too)).

If he doesn't have a job, is there any chance he could volunteer and somehow show he gives something back to the society?

3)
How do you guys communicate? I'm not sure, but I have a feeling I once read he doesn't have internet? You need to communicate all the time and you need to save those logs. Skype, text messages, anything, you need to save them. Where does he connect to the web, does he go to the library perhaps? What about where he lives? Is there a chance you could buy him a mobile web connection??


4)
How long have you guys been together? Any financial transactions between you two??

Remember, even though you're applying for a PMV, you're looking for evidence in ALL four categories:
- financial aspects;
- the nature of the household;
- social context of the relationship;
- the nature of your commitment to each other.

If the evidence is what the immigration wants, the evidence they will get, unfortunately you don't have any other options.

In the future, everything you do between the two of you should be saved for the purpose of evidence. And if anything is missing, work on it.

5)
The time you spend together

Because he can't get a tourist visa to fly to Australia, you will have to fly to Greece and spend some time with him. But that depends on your financial situation and your work situation. Can you afford to take a month off? Or three weeks off? Flying to Greece from Australia is very expensive, usually it's about $2000, so that's not going to be easy. Can he leave Greece and you two could go somewhere cheaper together (for a month), like Bali or Thailand?
I have no idea about your financial and work situation, but I know for myself I'd be afraid to quit my job, it's not like there are many where I live in Australia...

6)
What was Mark's (the agent) opinion?


These were the questions that got into my head, you don't have to reply and give us your answers, I just wanted you to think about them. I'm sure the immigration officers are pretty suspicious and full of doubts (always, not just with your application).

All the best!

Adventuress, AJ67, Marla and 1 others like this.


Last edited by bma; 05-04-2013 at 03:06 AM.

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