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  • 1 Post By robboat

Sponsored Family Tourist visa


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Old 06-20-2013, 08:08 AM
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Angry Sponsored Family Tourist visa

Hi-
My husband recently sponsored my sister-in-law and her husband on a 3 mth sponsored tourist visa. They just left last month.

Now, my brother-in-law then sponsored the same sister-in-law again (this time, husband is not coming as he has returned to work) to visit them next month (July) as well as assist with their son's transition from kinder to special school. They were pretty desperate for her to visit and help them until December only.

Application received at immigration 12th of June. Denied decision 13th of June apparently because she cannot prove "genuine visit". As far as I know, there is not a time limit when a sponsored family tourist must stay out of the country before they can re-apply again as long as their current visa as ceased and they are out of the country. The CO acknowledges that the reason is to visit family and assist the brother's family but apparently those reasons do not prove "genuine". The CO is also questioning the consistency of her travel, why she is ok to be away from her husband and mother for long periods of time. Frankly, I think this is none of her business anyway as my sister-in-law has families here, too. So, it should be expected that she travels here as well. The CO is also questioning her finances. She is a housewife. My interpretation of the regulation is that a sponsored family tourist must either have enough funds OR access to funds (which she has through our support/bank accounts here)

My sister-in-law has travelled here previously on 3 difference occasions and have always left the country in compliance with her visa conditions. On the first 2 occasions, she never produced proof of her own funds. We sent through our bank statements. The 3rd time she was travelling with her husband and she produced a bank statement of their own. Their money was not spent obviously as we provided for them 100%. The latest application where she got denied visa, she provided the same bank statement as the money was still there.

My questions -
1) without going to the tribunal, is there a way I can complain about the decision made as I believe her previous travels were not considered.

2) How does one prove a "genuine visit". Isn't visiting a family under the Family Sponsored Tourist visa a genuine reason? Or were we too honest re: requiring her help?

3) Was the CO's interpretation of the regulation re: access to funds correct? It seems to contradict previous visa approvals of other CO's.

4) The rejection letter that came out was not addressed to my brother-in-law who is the sponsor this time. It was addressed to my husband (who was the sponsor previously)

5) The CO's letter referred to my sister-in-law as a 27 year old (got the wrong age) which led me to believe that she did not even give due consideration and time to this application. She completely had not reference to the new sponsor.

Sorry it's too long. Hope someone can help? Many thanks!


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Old 06-20-2013, 08:22 AM
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It does dound like the CO has overlooked a couple of things in your application, but I don't like your chances of getting it overturned. I'm interested to see if some of the more expereinced people have some advise on raising this outside the tribunal.

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Old 06-20-2013, 08:30 AM
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Maybe going to your local federal MP will help? I heard a story from someone at work who did this and was successful. My fiancée's tourist visa was rejected but I decided not to go to my local federal MP as we have a PMV 300 application in and didn't want to risk that visa. Good-luck with it .

Also you could also email the case officer and ask some questions, but if you do it make sure you calm down before doing it if you know what I mean? I emailed my fiancée's case officer but sent it a few days later and it is amazing how the wording changes. When I emailed them I quote their wording from the reason for decision and then asked the question that I wanted.

You don't mention what country they are from. I am wondering if that has something to do with it ie. some countries they don't allow the woman to travel alone.


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Old 06-20-2013, 08:32 AM
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Quote:
Originally Posted by myla View Post
Hi-
My husband recently sponsored my sister-in-law and her husband on a 3 mth sponsored tourist visa. They just left last month.
Now, my brother-in-law then sponsored the same sister-in-law again They were pretty desperate for her to visit and help them until December only.

Application received at immigration 12th of June. Denied decision 13th of June apparently because she cannot prove "genuine visit". As far as I know, there is not a time limit when a sponsored family tourist must stay out of the country before they can re-apply again as long as their current visa as ceased and they are out of the country. The CO acknowledges that the reason is to visit family and assist the brother's family but apparently those reasons do not prove "genuine". The CO is also questioning the consistency of her travel, why she is ok to be away from her husband and mother for long periods of time.

Frankly, I think this is none of her business anyway as my sister-in-law has families here, too. So, it should be expected that she travels here as well.

The CO is also questioning her finances. She is a housewife. My interpretation of the regulation is that a sponsored family tourist must either have enough funds OR access to funds (which she has through our support/bank accounts here)

My sister-in-law has travelled here previously on 3 difference occasions and have always left the country in compliance with her visa conditions. On the first 2 occasions, she never produced proof of her own funds. We sent through our bank statements. The 3rd time she was travelling with her husband and she produced a bank statement of their own. Their money was not spent obviously as we provided for them 100%. The latest application where she got denied visa, she provided the same bank statement as the money was still there.

My questions -
1) without going to the tribunal, is there a way I can complain about the decision made as I believe her previous travels were not considered.

2) How does one prove a "genuine visit". Isn't visiting a family under the Family Sponsored Tourist visa a genuine reason? Or were we too honest re: requiring her help? .. LIKE A DOMESTIC JOB...??????
You obviously have not given enough consideration to the difference between "visitor" and "permanent"....
Your sister is almost living here.......

You must prove beyond all doubt that your sister has a life in another country......and this is not being done.
I suspect that an appeal would also be rejected just for the reasons unlined above....

Have a break for a year or so and apply again.....I am sure it will be OK then.

Just my opinion....yours may vary.

Good luck.

kmarees1986 likes this.
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Old 06-20-2013, 09:30 AM
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Quote:
Originally Posted by robboat View Post
You obviously have not given enough consideration to the difference between "visitor" and "permanent"....
Your sister is almost living here.......

You must prove beyond all doubt that your sister has a life in another country......and this is not being done.
I suspect that an appeal would also be rejected just for the reasons unlined above....

Have a break for a year or so and apply again.....I am sure it will be OK then.

Just my opinion....yours may vary.

Good luck.
Hi,
To clarify - my sister-in-law's previous visits were in 2006, 2009 and 2013. Each time, 3 months at a time. Her only 2 siblings live here. If we had wanted her to be here permanent, it would have happened earlier but the fact that her husband does not want to live here, she has no option but to just visit. This was going to be a one off due to her other brother having a son diagnosed recently with autism. They are taking it hard and had asked the sister to return for 6 months only, this time staying with them. She usually stays with us.


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Old 06-20-2013, 02:24 PM
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I know that New Zealand immigration has a policy that a visitor must leave for the same amount of time that they have spent in NZ before applying for another visitor visa. ie. if you're there for 3 months on a visitor visa you must leave for three months before you are eligible to return on a visitor visa. I imagine other countries may have similar guidelines.

From what I see daily on this forum I am not surprised that back to back tourist visas were denied. We often see people being denied tourist visas because the DIAC believes they have stronger ties in Aus than they do in the home country they would be returning to. Having a lot of family in Australia and no job to return to in her home country would be two factors they would likely consider in making their decision.

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