Partner visa refused. Please advise!

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Partner visa refused. Please advise!


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Old 07-25-2013, 12:44 PM
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Partner visa refused. Please advise!

Hi all,
A friend of mine was refused partner visa (sub 309) a month ago. (Lodged application Oct 2012) The reason was lacking of evidence of genuine relationship. She has a good job in Vietnam and is married to her husband who has been on centrelink benefits for years. When they first met in 2010, they have never thought about getting married one day; therefore they don't have much evidence to prove they were together of the time being friends before they got married. She has sent in the application for a tribunal and wish to travel to Australia in the meantime. Could someone please tell me if:
1/Is it possible for her to apply for a tourist visa and what is the chance of getting visa?
2/Once she is in Australia on tourist visa, can she apply for partner visa on-shore and apply for Bridging visa to stay and wait while her partner visa is being processed?
3/Should she withdraw her application from tribunal and start all over again with a new partner visa application? (She is 45 years of age and has been tried to have a baby with her husband, however the chance could be zero due to her husband's health. Is having a baby or sharing bank account and property together considered strong evidence in the future?)
Any advice would be greatly appreciated.


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Old 07-25-2013, 01:00 PM
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I can't advise on the rest but I recommend that she leave the mrt hearing in place as The case take Average 600 days for a hearing. She can also lodge another partner visa off or onshore at the same time. I am running both my second 300 visa plus waiting on our mrt hearing also.

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Old 07-25-2013, 03:06 PM
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Kaiya,

To be honest, her chances for a tourist visa aren't great. DIAC does not give them out easily to people from high risk countries, so that's one strike against her. And now she's been refused for another visa, so that's another strike against her.

If she wants to take a chance on the tourist visa (make sure she knows there's a chance she might just lose the application fee... there's no guarantee she'll get it) she needs to 1) make sure she can show AT LEAST $1,000 in her bank account for every month of the tourist visa (though if she can show more, that's even better, as even people with more than that in their accounts have been rejected for "insufficient funds" before); 2) consider only applying for the shortest tourist visa (3 months) as they're more lenient with those.

Normally it's suggested tourist visa applicants also provide a letter from their employer that states they've been given leave for those three months and are expected to return to their job on whatever date. This is usually a really important component. Unfortunately since she's planning to apply onshore your friend can't do this without being disingenuous with her employer or asking them to lie for her, neither of which you want to do.

If she does apply for the tourist visa and have it granted, yes she can apply onshore, but DIAC obviously does not prefer that. When you're applying for a tourist visa, you're legally affirming that you intend to be a genuine tourist, i.e., that you intend to visit and then leave. If when you go onshore you have so much stuff with you, or you have certain items like CVs or job-searching documents, such that it looks like you're planning to permanently stay, you can also be refused entry.

If, however, your friend were to go there on a tourist visa, stay for a couple of months, and then decide at THAT point to file an onshore partner application... DIAC would look on it a little less skeptically.

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Old 07-26-2013, 04:55 AM
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Quote:
Originally Posted by Kaiya View Post
Hi all,
A friend of mine was refused partner visa (sub 309) a month ago. (Lodged application Oct 2012) The reason was lacking of evidence of genuine relationship. She has a good job in Vietnam and is married to her husband who has been on centrelink benefits for years. When they first met in 2010, they have never thought about getting married one day; therefore they don't have much evidence to prove they were together of the time being friends before they got married. She has sent in the application for a tribunal and wish to travel to Australia in the meantime. Could someone please tell me if:
1/Is it possible for her to apply for a tourist visa and what is the chance of getting visa?
2/Once she is in Australia on tourist visa, can she apply for partner visa on-shore and apply for Bridging visa to stay and wait while her partner visa is being processed?
3/Should she withdraw her application from tribunal and start all over again with a new partner visa application? (She is 45 years of age and has been tried to have a baby with her husband, however the chance could be zero due to her husband's health. Is having a baby or sharing bank account and property together considered strong evidence in the future?)
Any advice would be greatly appreciated.
When did they actually get married....?
How much time do they spend together.....is he living in VN?
Did they get married in Vietnam?.....or Australia?
If they were "friends" before marriage....did the partner travel to meet her in VN?
Or did she travel to AU?

If the visa was rejected on relationship grounds once...then the tribunal may find the same result - unless there is some new evidence that can be presented.

How long have they been sharing the bank account...?
Is the property in AU....or VN?
Can they show they both contribute - somehow.....?

Same, same for the tourist visa.....she would be unlikely to get it right now as she has been rejected for 309 visa....high probability of overstay from VN.....

They need to build a story of their relationship based on provable facts....airline tickets, receipts, certificates, photos and stories from other people (prefer AU citizens) who know details of the relationship......not "casual acquaintances"......

Remember - Immigration does not "know" you....you must proved beyond doubt everything you claim about the relationship.

Hope this helps........
Good luck.

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Old 08-16-2013, 04:41 AM
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Big thanks to chicken999, CollegeGirl and robboat.
My friend is in banking here, her husband has been living in VN with her. I told her if it was that easy, everyone here would not have to wait and suffer from being apart with their partner...She gave up on applying tourist visa and will collect more evidence and log her application again.
Again, thank you and best wish to you all

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Old 08-19-2013, 06:43 AM
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Your friend always can appeal the decision, I know a girl, her application was once refused but she appealed and she got her PR, it took her about 4.5 years though. its tough


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Old 09-01-2013, 11:32 PM
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parner visa refused

two and a half years ago i went for a partner visa now they tell me it is refused i have gone to m r t for a review what i want to know is it taken on what is in the partner visa as they are right i did not live with her for 12mths before the application. or does it go on what is been over the last 2 and a half years if this is refused can i keep coming in and out on a tourist visa i know that i can not stay in the ambulance service but i would like to still be with my partner and get married i am from the u.k. and my partner is australian born and bred i think its not right that we have been together for this long and then to tell us its not to be


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Old 09-02-2013, 10:55 AM
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Quote:
Originally Posted by ambo colin View Post
two and a half years ago i went for a partner visa now they tell me it is refused i have gone to m r t for a review what i want to know is it taken on what is in the partner visa as they are right i did not live with her for 12mths before the application. or does it go on what is been over the last 2 and a half years if this is refused can i keep coming in and out on a tourist visa i know that i can not stay in the ambulance service but i would like to still be with my partner and get married i am from the u.k. and my partner is australian born and bred i think its not right that we have been together for this long and then to tell us its not to be
Thats an interesting question, I would think that the review is based on the original application and not the subsequent years. You may need to lodge another application. Someone can clarify.

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Old 09-02-2013, 10:58 AM
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U would be quicker to apply again than wait for review average wait time on partner hearing is 600 days they told me just before I withdrew my mrt cause I got my pmv through just applying again

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Old 09-03-2013, 06:05 AM
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Quote:
Originally Posted by chicken999 View Post
U would be quicker to apply again than wait for review average wait time on partner hearing is 600 days they told me just before I withdrew my mrt cause I got my pmv through just applying again
would i get my money back from m.r.t. the last partner visa cost $2800 thats gone now ..then mrt $1604... so that means $2800 more


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