Partner Visa (309/100) - Lack of Evidence

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree13Likes

Partner Visa (309/100) - Lack of Evidence


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-07-2013, 06:40 PM
Senior Member
 
Join Date: Apr 2013
Posts: 201
Users Flag! From usa

78 likes received
1 likes given
Okay, so I only found this website after having submitted my application for a de-facto offshore partner visa (309/100). I have learned a lot since, and I wish I had found it earlier because now I am very worried that I didn't submit even close to enough information with my application.

In terms of relationship evidence submitted with my partner visa application, I only included:

1) de facto relationship registration certificate
2) 2 notarized statutory declarations from Australian citizens (Form 888: one from my partner's mum and one from a mutual friend)
3) joint bank account statement printed and stamped at the bank (showing transactions for groceries, movies, dinners, etc. May-August 2012)
4) ~20 cards (6 from me to my partner, 5 from my partner to me, 5 from our parents to the other SO, and 4 addressed to both of us)
5) a small photo album I made for our 2-year anniversary (mostly pictures of just us without friends or family)
6) written statements from my partner and I (signed and dated on each page, but not notarized as we were told this was not needed)

Is there any chance that this will be enough evidence? (I don't think so anymore.)

What is the best way to proceed from here? Do I submit more evidence with or without asking my CO - if so, what kind of things could I submit? Do I just wait and hope for the best? Do I withdraw my application?

Thanks in advance!
~Queli

**EDIT: To provide a bit of further context: We lived together for 11.5 months in one room in his parents house in Australia, so we do not have a joint lease to provide. We have a couple of mutual friends and we have met each other's families, but because we are both introverted and low-key, we spent almost all of our time alone together. We made a few weekend road trips together but do not have much evidence of this other than pictures. We have been apart a fair bit because I was in university in the US when our relationship began and now he is in university in Australia. We stay in touch every day via Facebook and Skype (but I was told on the immigration help line not to include any of these transcripts), and we also play games on Steam.

__________________

Last edited by queliwantstogo; 05-07-2013 at 07:01 PM.

  #2 (permalink)  
Old 05-07-2013, 06:57 PM
Valentine1981's Avatar
Senior Member
 
Join Date: Sep 2012
Posts: 666
Users Flag! From uk

296 likes received
246 likes given
I'm sure someone who is applying for the same visa can answer your question better. I know the evidence for PMV is not as extensive as for onshore partner visa,however I think you are meant to include the signed Notice of intent to marry when you lodge this visa.


  #3 (permalink)  
Old 05-07-2013, 07:33 PM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Queli, for what it's worth, I have often seen people post that their COs have asked for more evidence in a certain area. I've also read that sometimes not swamping them with evidence can be good because it gives them less to go through, as long as the evidence you provide is adequate. The question is, of course, "what is adequate?" and that's hard to determine. But I will say... that's not a lot of evidence, you're right.

What I worry about is that it doesn't look like you provided any evidence of staying in touch while you were separated? I can't believe the immigration help line told you not to provide Skype or Facebook transcripts. How else do you prove you stayed in contact while you were apart (unless you had great phone records? But you don't list any...)

Ack, I'm worried for you too. I honestly don't know what to suggest here, though. I don't know if it would be enough to e-mail and say "I'm concerned from some reading up on the process I've done since I lodged my application that I may not have provided adequate evidence. Please be advised that I do in fact have more evidence concerning _____ in the form of ____. I'm more than happy to provide this evidence should you need it."

Hopefully someone else has some input.

__________________
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.

Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 05-07-2013, 07:57 PM
jmcd16's Avatar
Senior Member
 
Join Date: Aug 2012
Location: New Hampshire
Posts: 487
Users Flag! From usa

240 likes received
13 likes given
They don't want the transcripts -- but they probably want records. They specifically ask in the partner migration booklet for you to show how you kept in touch during times apart.

For example, don't print out chat logs, but give them the skype records of all calls you made through skype to his phone. Supply your cell phone records, highlighting each other's calls. Provide screen shots of your email inbox (after filtering) showing all the emails sent/received from each other. Print up some Last Will and Testaments online, fill them out in front of witnesses and name each other as beneficiaries. Have him put you as his beneficiary on his superannuation. (Unfortunately, these will be after the fact, but sometimes they accept that.)

When you went on those road trips... did you stay in hotels? Did you pay FOR ANYTHING with your cards? Did you use ATMs? You can supply those financial records with a statement that tells the story.

Have you bought each other gifts? Do you guys have a car? Are you both on the insurance to drive it? Do you belong to any clubs? Have any hobbies in common? I would totally include evidence of that steam thing -- thats an activity you enjoy together even if it is an online one.

With your joint bank statements, is it obvious that you were both contributing, not just spending together? That can be VERY important. If it is not immediately obvious from the records you supplied, try to find evidence that you both contributed. For example, maybe you withdrew a few hundred dollars from your individual account and then deposited it in cash in your joint account. Supply the record from the withdrawal and tie it together with the deposit.

I hope that helps. Hopefully, they will give you a chance to give them some more evidence before assessing your application. I believe they usually do this. If I were you, I would be looking at the sticky about gathering evidence for a de facto and going frantically through all records to get ready for the request. You have 28 days to give them more evidence when they ask for it. Or beat them to it -- supply it ASAP to them with a note that you heard from a forum you might not have supplied enough evidence and if they need this stuff, add it to your application.

bma and Yha1980 like this.
__________________


I am not a migration agent, just a fellow victim of the system.

Last edited by jmcd16; 05-07-2013 at 07:59 PM.

  #5 (permalink)  
Old 05-07-2013, 07:59 PM
Senior Member
 
Join Date: Nov 2012
Location: NSW
Posts: 200
Users Flag! From usa

27 likes received
13 likes given
My CO told me that the only thing I was missing was my health check and I sent even less then you. Alas, I do not have my decision yet but I have not been asked for more information. It is my personal opinion only that the PMV does not need as much as the 2nd part of our visa will. This really just needs to prove our intent to marry and live out our lives as genuine man and wife. That we are actually doing so will require much more documentation for part two. Again, this is just my opinion. But again my fiancÚ and I are building a house and that's a pretty permanent adventure and maybe that was just a big enough conviction for my CO he felt he didn't need to ask for more. Unfortunately I'm just waiting for the decision like everyone else.

__________________

  #6 (permalink)  
Old 05-07-2013, 09:56 PM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
I'm not sure why people keep referring to the PMV - Queli is not applying for a PMV, as far as I can tell?

JMCD, I don't agree that all they want is a screenshot showing a list of emails you sent each other, or Skype records (but not chat logs). They want to see evidence that your commitment is genuine and that your relationship is ongoing, and these items are evidence of that.

With our application I provided a selection of e-mails, Skype chat transcripts and Facebook transcripts where we talked about our feelings for each other, our plans for the future, etc. They don't want EVERY SINGLE chat or email you ever sent - but a relevant sampling is great evidence, IMO, and many people here have submitted such evidence with a successful conclusion to their visa.

Just my opinion, obviously.

bma, buffingp and atenolol like this.
__________________
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.

  #7 (permalink)  
Old 05-07-2013, 10:13 PM
Moderator
 
Join Date: Mar 2009
Location: Greatest country of them all
Posts: 833
Users Flag! From australia

118 likes received
3 likes given
CollegeGirl is right sometimes overloading your CO with rubbish evidence is something that will work against you. You seem to have provided the basics.

I would send out a letter to CO, outlining what that you have additional evidence. Write bullet points outlining that you have Skype records and Facebook conversations etc. so co will know you have it and can ask for it if needed.

This is not an immigration advice

__________________
People should not be afraid of their governments. Governments should be afraid of their people.

We are told to remember the idea, not the man. Because a man can fail. He can be killed and forgotten. But four hundred years later an idea can still change the world.

  #8 (permalink)  
Old 05-07-2013, 11:44 PM
Senior Member
 
Join Date: Apr 2013
Posts: 201
Users Flag! From usa

78 likes received
1 likes given
Thank you for all the input, ladies (and gents?)! I just got home from work and will respond individually soon. I really appreciate all of your suggestions.

buffingp likes this.
__________________

  #9 (permalink)  
Old 05-07-2013, 11:50 PM
Valentine1981's Avatar
Senior Member
 
Join Date: Sep 2012
Posts: 666
Users Flag! From uk

296 likes received
246 likes given
Sorry...my bad..didn't realise there was an offshore defacto visa...thought it was either the onshore 820 or PMV. Ignore what I said about NOIM.


  #10 (permalink)  
Old 05-08-2013, 12:09 AM
Senior Member
 
Join Date: Apr 2013
Posts: 201
Users Flag! From usa

78 likes received
1 likes given
Quote:
Originally Posted by CollegeGirl View Post
Queli, for what it's worth, I have often seen people post that their COs have asked for more evidence in a certain area. I've also read that sometimes not swamping them with evidence can be good because it gives them less to go through, as long as the evidence you provide is adequate. The question is, of course, "what is adequate?" and that's hard to determine. But I will say... that's not a lot of evidence, you're right.

What I worry about is that it doesn't look like you provided any evidence of staying in touch while you were separated? I can't believe the immigration help line told you not to provide Skype or Facebook transcripts. How else do you prove you stayed in contact while you were apart (unless you had great phone records? But you don't list any...)

Ack, I'm worried for you too. I honestly don't know what to suggest here, though. I don't know if it would be enough to e-mail and say "I'm concerned from some reading up on the process I've done since I lodged my application that I may not have provided adequate evidence. Please be advised that I do in fact have more evidence concerning _____ in the form of ____. I'm more than happy to provide this evidence should you need it."

Hopefully someone else has some input.
Thanks, CG. My partner and I have also read that CO's will often request more evidence if need be. I don't think they're required to ask, though, so I hope my lack of evidence is not grounds for immediate - or actually worse, delayed - rejection or invalidation of my application.

The only physical evidence that we provided to demonstrate contact for periods of separation were a handful of cards - I have written him a card for almost every month that we have been apart and he has written me for important events, such as my college graduation, my birthday, and our anniversary. I only supplied about 10 cards between us because they ask you not to submit too many, but I did attach a note explaining that and saying that I was happy to submit more at their request.

I actually spoke to multiple people on the help line who told me not to submit transcripts or logs of Skype calls at all, which is why I didn't include them. I would have submitted a summary of our friendship, but we don't publicly write on each other's walls much - we just sent each other cute pictures of animals cuddling, haha. We speak primarily through Skype video calls when we're both home (at least an hour daily - I really wish we could record and send in videos of our chats sometimes!) and Facebook when we're out and about (we would have a total of over 300 pages of private messages). We did both mention those Facebook messages and Skype calls in our written statements, though, and I did include a note saying I'd been advised not to submit transcripts and logs but could do so if requested.

We don't have any phone records because Skype is free and mobile phone calls are expensive.

I might take that suggestion and email my CO when I mail in my AFP, also reminding her that I could submit a bit more evidence if needed.

Thanks again!

CollegeGirl likes this.

__________________

Last edited by queliwantstogo; 05-08-2013 at 12:11 AM.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Enough Evidence for Partner visa? MarcusAurelius Visas and immigration 2 02-23-2012 05:31 AM
what evidence do you use for you partner visa? agurk Visas and immigration 6 01-18-2012 07:56 AM
Partner visa evidence help Pez1206 Visas and immigration 0 12-15-2011 12:32 AM
Evidence for Partner Visa PHB_Green Visas and immigration 6 07-09-2010 04:36 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 02:12 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com