Offshore Partner Visa Application

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Offshore Partner Visa Application


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Old 06-18-2013, 05:54 PM
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Offshore Partner Visa Application

Hi all,

I have a spouse visa application query.My husband is Australian. I am an Indian.
We got married in Brisbane at the Registry.
My husband and I have been together for over 2 and a half years before getting married.
I went to Australia on a student visa and then I met my husband during that time.

Now that my student visa was about to end, my husband suggested that I should just apply for a spouse visa not a student visa extension as I wanted to do my master's degree in Australia as well.
I was in Australia for 4 and a half years in total.

In that process, I applied for my partner visa before we got married in dec 2012. Paid $3060 for the Partner Visa Application.
We got married in march 2013. In that 2 months and a bit, I was informed that my partner visa application (at the time) was denied. The reason for denial was that I "didn't submit enough evidence" of our relationship.

I was not able to submit my marriage certificate at the DIAC till it was too late.

So the compliance officer suggested that the only option for me was to leave Australia and apply again offshore. Not that I wanted to do that after I had lost $3060.

My husband didn't want me to go though the paperwork alone so we both left Australia on May 22nd, 2013.

Now my husband and I both are in India with my parents.

I would like to know if anyone knows, if DIAC will consider my spouse visa application again, (specially because it was denied once) having followed the instructions we were give and that the both of us left Australia together. Will this be an evidence of a genius relationship for them.

How should we build up our application so it has more chances of getting approved?

Thank you so much!
Look forward to your suggestions.

Kind Regards,
Becky


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Old 06-19-2013, 05:59 AM
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Hi there,

What evidence did you provide? did you live together for the complete 12 months before applying? did you register your relationship?

If you meet all the criteria set out in booklet 1 you should be eligible. Make sure you read it carefully, include what it asks for, get documents notarized/translated and include anything else that you think would help.
http://www.immi.gov.au/allforms/booklets/1127.pdf

Aside from this, there are many posts on this forum regarding what people have included. Here is one http://www.australiaforum.com/visas-...plication.html
Take a look around, i'm sure there is someone in a similar position to you.

Good luck


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Old 06-19-2013, 06:25 AM
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Rhirhi, OP is married to her partner, so now there wouldn't be a 1-year relationship requirement and they probably never registered as de facto.

Becky, you should still be eligible to reapply for the visa with more evidence, but you want to make certain you have enough this time - as you will have to pay the application fee and go through the waiting period again. If you can afford it, you may want to hire a migration agent to help you through the process, but if not, you should still be okay. I believe there is a section of the application where you are asked whether or not you have applied for this visa (or others) before and whether or not you have had a visa denied. You will need to fill out this section, and I would also suggest writing an explanation of why your visa was denied in the "Additional Information" section. I would also suggest providing any paperwork from Immigration that explains why your last partner visa was denied.

In terms of relationship evidence, what did you provide when you submitted your first application? On what basis did you apply (de facto or married)?

In order to be eligible for a partner visa, you either need to be married and submit a recognized marriage certificate with the original application or you need to have been in a de-facto relationship (living with) with your partner for the entire 12 months immediately prior to submitting the application. (If you're not married and haven't lived with your partner that long, you can also potentially waive the 1-year relationship requirement by registering your de facto relationship in your state, but I don't think that's relevant to you.).


There is TONS of evidence that you can provide, and as rhirhi suggested, there is another forum where you can find lots of information on this... But as a quick list, here are some things to consider providing:

Statutory declarations from Australian citizens or permanent residents who can support your relationship claims - friends, family, neighbors, coworkers and bosses, classmates, etc.

Your marriage certificate

Joint bank statements - if you have an account together; or evidence of joint expenses, such as receipts

Leases for places where you live together if available; or mail jointly addressed; or other proof of living together

Cards and evidence of correspondence for any periods you and your husband were apart

Pictures of you two together - especially with family and friends

Joint memberships you share - such as RSL Clubs, book clubs, gyms, etc.

Last will and testaments with your partner listed as the beneficiary

Evidence of any children or pets you might have together

Detailed written statements from you and your partner writing about the past, present, and future of your relationship

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Last edited by queliwantstogo; 06-19-2013 at 06:31 AM.

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Old 06-19-2013, 06:33 AM
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Quote:
Originally Posted by queliwantstogo View Post
Rhirhi, OP is married to her partner, so now there wouldn't be a 1-year relationship requirement and they probably never registered as de facto.
I meant in her previous application. I was wondering why they failed her based on 'didn't submit enough evidence'


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Old 06-19-2013, 09:46 AM
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Hi there,

Thank you for your reply.

When I applied for the Partner visa, it was on de-facto relation basis.
The Compliance Officer I was dealing with at the DIAC only took the following documents from me:-
- Form 40SP
- Form 47SP
- Form 888 (2 x Statutory Declaration Forms)
- Photo Copy for my Husband's Victorian Birth Certificate
- Photo Copy of my Indian Passport

When I asked him that he didn't take any evidence of our relationship, he said that all the evidence will be sent later when the case officer opens my file and that I will be notified by email by the case officer when my file will open.

I was instructed that to that notification email from the case officer, I will have to reply with all the evidence then. That's why the compliance officer refused to take any evidence at the time of application.

I never received any email from the case officer when he opened the file. The application was submitted incomplete in regards to evidence. Whatever paperwork was submitted the case officer made his decision on what was presented to him.

My husband and I have been living together at the time of submission of the application for over 12 months. I had signed letters from our 3 land lords (all the rentals that we have lived in together as a couple) as evidence proving the "genuine relation" section of the application.

I had receipts of our joint expenditure, Posts from both of our Facebook accounts stating the dates, proof of how long we had been together.
We were engaged at the time of our application

I think that was the only reason why my application was denied.

When the decision was sent to me, the case officer wrote that "he refuses to give me a partner visa as there is no evidence of our relationship being genuine and continuing and/or that this relationship ever existed in the past.
There is no evidence of ongoing relationship, no evidence of compassionate support or emotional support from me to my partner or vice-versa.


That is why I am scared and I would like to know how to build my application this time.
Thanks guys!

Kind Regards,
Becky


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Old 06-19-2013, 11:31 AM
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Hi queliwantstogo,

Thank you for your reply.
When I applied for the partner visa in dec 2012, we were engaged so I just applied on the basis of our de-facto relationship.

I had the following evidence with me at the time of application which the compliance officer didn't take with the other paperwork:-
- 3 lease agreements from the last 3 places we has lived in as a couple;
- 3 signed letters from the land lords of the rentals we lived in stating that we lived there as a couple;
- receipts of our joint expenditure ;
- both of our facebook accounts when we started going out with each other with our many friends' comments and best wishes till we got married and we celebrated our 2 year anniversary in gold coast;
- photographs of us with our mutual friends when socializing;
- our bank statements where my husband was paying our rent with both of our names.




And after getting married and coming to India, we have the following;
- our planes tickets and proof of our boarding passes when we left Australia together;
- our marriage certificate from the Registry of Births, Deaths and Marriages, Brisbane Queensland, which is Apostilled by Department of Foreign Affairs and Trade, Australia.
- our wedding photos/album which was made on the day we got married with our friends and loved ones;
- our joint bank account in Australia after we got married;
- an affidavit made in a court in India to change my maiden name to my married name;
- my bank statement in India with my married name on it and also on my cheque book;
- a letter stamped from the Police Head Office in my city acknowledging that my husband is staying at my dad's residence;
- photographs with my family;
- a letter from the Member of Parliament of Queensland, stating that she has known through a friend of hers and that she strongly believes that we are a genuine couple who are in a ongoing and caring relationship with each other.

Hope this helps.
Look forward to your suggestions.
Thanks once again.

Kind Regards,
Becky


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Old 06-19-2013, 01:28 PM
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That's the second time I've heard of that happening... You should contact Contact Us - Client Feedback - Department of Immigration and Citizenship
And complain.

I wouldn't wait for an answer though, I would still reapply. Hopefully, they will attempt to resolve the issue however.

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Old 06-19-2013, 01:50 PM
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Hi jmcd16,

Thank you for your reply.

I have a complaint form filled in and ready to submit with the Tax Invoice as a proof of the Visa fees that I paid.

Complain about the defective administration and misleading information that is being provided by the officers who work at the Immigration and Citizenship Office.

There are so many people who can't afford a lawyer and can't afford to pay for the Visa. And leave the country to apply again.

We didn't have a lawyer because our case was very simple and straight forward. And just because of the wrong information that was provided to us, my husband had to quit his job and come to India with me. We have recently been married and so he couldn't bear the thought of leaving me for god knows how many months.

Thank god I have supporting and helpful parents who are helping me with absolutely everything in this Visa process.

Thanks again for your advice.

Kind Regards,
Becky


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Old 06-19-2013, 03:13 PM
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It sounds like you had ample evidence to provide when you submitted your de facto visa application - and now that you are married, you have even more, which is wonderful! If you had provided all of this information with your original application, I definitely think you would have enough to be approved! (I provided a lot less and my visa has been granted.)

I am so sorry that you were advised not to provide it and that you are going through this situation; it must be beyond frustrating! Best of luck with your appeal and/or new partner visa application, please keep us posted as well be rooting for you!

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Old 06-19-2013, 03:34 PM
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It is SO frustrating to me that this continues to happen at DIAC. As jmcd said, you are the second one on this forum this has happened to. They can and do make decisions based on the evidence they are given. They aren't required to ask for more. So I don't know why their staff keeps telling people NOT to submit evidence with their application! Argh! I'm so sorry, OP. It does sound like you have a lot of great evidence, though. I hope your application goes through smoothly this time!

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