309 spouse visa with 3 year ban

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309 spouse visa with 3 year ban


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Old 04-04-2017, 07:19 PM
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309 spouse visa with 3 year ban

Hi everyone, I'm new to the forum and hope I'm posting in the right area. I (Italian) lived in Aussie for 2 years and my Fiancè (Australian) and I have been together for a year and a half. Unfortunately,due to lack of knowledge of my migration agent,I left the country in February 2017 on a BVE with a 3 year exclusion period. My Fiancè and I went to Bali on a holiday before flying back to our home countries. We were going to apply for a 300 PMV but then decided to go for a 309. He's flying here for the wedding in June and we're gonna apply after that.
Thing is,we lived together for over a year but can't really prove it since I was on a lease with my housemate and couldn't break the contract. We have a couple of wedding invitations with his address and both our names on them,but no bills,rent,nothing. Also,we don't even have a joint bank account. I'm trying to sort one out from Italy but.. We have a holiday,pictures,we worked together,plenty of friends ready to write Stat Decs.
Do my future husband and I stand a chance to get the 309 granted? Please help me,I'm desperate and far away from him. We're going strong but it's a difficult situation.
Thank you!


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Old 04-04-2017, 10:22 PM
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If you're having issues with evidence, I imagine a PMV might be better? With a PMV the threshold for evidence is different, especially where you don't have anything like a lease or bills in both of your names.

It might be worth having a chat with a registered migration agent, and maybe having them look over the evidence you do have.

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Old 04-04-2017, 10:29 PM
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If you are married, you cannot apply for a prospective marriage visa. You can apply for a PMV and if you wed, be considered for a partner visa.

Befor you commit to a course of action, you might be well advised to consult a registered migration agent for advice about strategy.

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Old 04-04-2017, 10:41 PM
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Thank you both for answering. I was advised to get married before applying for any visa because a marriage strengthens the case. Also,with the 309 spouse visa you don't need the 12 month requirement but it's always better to have it. I have a Skype consultation with a migration agent on Thursday and hope she can give me some answers and the best option for my case. Thank you very much!


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Old 04-04-2017, 10:51 PM
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From the little information provided it seems to me that you may be better off applying for a PMV. I wouldn't rush into getting married without carefully considering all options.Being married while not being able to live together for the next 12 months or so may cause additional complications.

As a matter of interest, how did your previous migration agent cause you to leave on a BVE?

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Old 04-04-2017, 11:06 PM
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The old migration agent suggested to get married instead of applying for a PMV. A friend of mine was in the same situation,his girlfriend had a bar and he flew to Hong Kong to marry her because he was told that was the best option,but still,as you said as well,better seek help from a migration agent.
I applied for a 187 visa (a friend offered me the job as an office manager) with a first agent,got it rejected. I withdrew the visa and got with my then boss'migration agent who applied for a 407 training visa. The DIBP sent the application back as invalid. Turns out I couldn't apply for a 407 visa and the agent didn't even realise that after had working on it for almost two months. . That was the very last day of my Bridge Visa A. The agent just called me to tell that I just needed to go into an immigration office and get a Bridge Visa E granted,go offshore and apply from there. So I did and wasn't told anything there either. I get to the airport and got stopped by immigration who told me about the bar. I call the migration agent and she had no idea such a thing could happen. My fiancé and had been engaged already but decided to fasten the process to get me back with him. I hope the story is clear,I tried to make long story short


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Old 04-05-2017, 12:14 AM
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There are lots of people who are being advised to get married in order to improve their chances for a partner visa, only to find themselves stranded overseas with little prospect of getting their application approved.

If you were indeed advised as you say, I hope you have lodged an official complaint against the migration agent who displayed such a lack of knowledge ?

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Old 04-05-2017, 12:21 AM
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Yes,my concern would be that he'd have to fly back to Aussie for work so we wouldn't live together after the wedding (apart from his stay) and we can only get stat decs from his housemates that say I've been in the house with him since November 2015. I really don't know what to do.
I never took actions against the migration agent,I don't have anything to prove what she said to me over the phone about going to get a BVE and apply from offshore.


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Old 04-05-2017, 12:26 AM
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Quote:
Originally Posted by ArianaC View Post
Yes,my concern would be that he'd have to fly back to Aussie for work so we wouldn't live together after the wedding (apart from his stay) and we can only get stat decs from his housemates that say I've been in the house with him since November 2015. I really don't know what to do.
That's exactly the sort of problems I was alluding to. A PMV may be a much better option. I think you best avoid any agent who suggests that getting married will automatically lead to a visa being granted.

Quote:
Originally Posted by ArianaC View Post
never took actions against the migration agent,I don't have anything to prove what she said to me over the phone about going to get a BVE and apply from offshore.
The fact that the agent lodged an invalid application for you, should be enough grounds for a complaint in my view.

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Old 04-05-2017, 12:33 AM
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Thank you for your advice. I think I was told to get married to strengthen the case mostly because of the bar. I know that every situation is different but my friend married his girlfriend with a bar and she was in the country within a year. They had been together not even 8 months. Still,every case is different.
How would I take actions against this lady? She said I can get my visa money back since the application wasn't refused but just invalid. I still haven't heard a thing about that either since February 3rd 2017


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