PMV 300 Refused! What next?

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PMV 300 Refused! What next?


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Old 06-20-2019, 09:50 AM
MZU MZU is offline
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PMV 300 Refused! What next?

hi all
writing this post i feel like killing myself. after a long wait of 16 months, my pmv has been rejected. Reason: my fiance had already sponsored his ex wife which was 5 years ago and now he cannot sponsor me because the CO cannot find any compelling circumstance. Although in my visit visa rejection (which was lodged after applying my pmv and a long story to that rejection also) the CO categorically said that there are compelling circumstance in our case.
i feel like i am standing in a dark dead end place. unable to think what should we do now. going for AAT means another 463 days of waiting (as per my internet research).
pls somebody suggest me what should i do.


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Old 06-20-2019, 10:00 AM
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Re-apply once the sponsorship limitation period has expired. There is always a risk applying if you rely on a waiver.

Can’t say anything about your chances at the AAT. Get some professional advice.

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Old 06-20-2019, 10:03 AM
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Originally Posted by CCMS View Post
Re-apply once the sponsorship limitation period has expired. There is always a risk applying if you rely on a waiver.

Can’t say anything about your chances at the AAT. Get some professional advice.
sponsorship limitation is of 5 years. my fiance applied for his ex wife visa in 2012 and my application was lodged in 2018. this mean he is not under his sponsorship limitation period?


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Old 06-20-2019, 10:10 AM
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Originally Posted by MZU View Post
what does it mean by sponsorship limitation period? i have'nt read anything on the refusal letter about this?
When EXACTLY did your fiance sponsor his ex wife?

He should be able to sponsor again 5 years after the date of the original visa application.


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Old 06-20-2019, 10:25 AM
MZU MZU is offline
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Originally Posted by JandE View Post
When EXACTLY did your fiance sponsor his ex wife?

He should be able to sponsor again 5 years after the date of the original visa application.
oki the first time he applied for his wife was in 2007 which was approved in 2008 (that visa was not valiidated as she never travelled on the spouse visa,they got divorced in 2009)
next he applied for his ex wife on jan 6,2012 and got approval in nov 2012. and this marriage ended in jan 2018.
my fiance's health is deteriorating day by day. we were informing the DIBP that his psychiatrist is constantly asking him to move on in his life. now this thing has put more stressed on him. hez unable to sleep even after taking sleeping pills. i am feeling devestated right now.


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Old 06-20-2019, 11:01 AM
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Originally Posted by MZU View Post
hi all
writing this post i feel like killing myself. after a long wait of 16 months, my pmv has been rejected. Reason: my fiance had already sponsored his ex wife which was 5 years ago and now he cannot sponsor me because the CO cannot find any compelling circumstance. Although in my visit visa rejection (which was lodged after applying my pmv and a long story to that rejection also) the CO categorically said that there are compelling circumstance in our case.
i feel like i am standing in a dark dead end place. unable to think what should we do now. going for AAT means another 463 days of waiting (as per my internet research).
pls somebody suggest me what should i do.
how tragic but what do you mean by "compelling circumstances" as |I understood it would not apply if 5 year rule observed ?. I too may try to bring my future wife to OZ and I sponsored a Russian lady from whom I am now divorced in early 2014 .and she amazingly was allowed to stay in OZ .


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Old 06-20-2019, 11:15 AM
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Originally Posted by cookbarry View Post
how tragic but what do you mean by "compelling circumstances" as |I understood it would not apply if 5 year rule observed ?. I too may try to bring my future wife to OZ and I sponsored a Russian lady from whom I am now divorced in early 2014 .and she amazingly was allowed to stay in OZ .
i have no freaking idea.
5 years limitation: checked (we do not fall under this category)
compelling circumstance: checked (under visit visa rejection, CO mentioned about the presence of compelling circumstance)

i dont know how to take this thing. A case officer is saying yes there are compelling circumstance in our case and other one is rejecting the application because he/she dont find any compelling circumstance


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Old 06-20-2019, 12:21 PM
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I believe it is not the 5 year time frame that is your problem, but rather the fact that you are limited to 2 sponsorships per lifetime.
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Old 06-20-2019, 12:40 PM
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Originally Posted by MZU View Post
oki the first time he applied for his wife was in 2007 which was approved in 2008 (that visa was not valiidated as she never travelled on the spouse visa,they got divorced in 2009)
next he applied for his ex wife on jan 6,2012 and got approval in nov 2012. and this marriage ended in jan 2018.
my fiance's health is deteriorating day by day. we were informing the DIBP that his psychiatrist is constantly asking him to move on in his life. now this thing has put more stressed on him. hez unable to sleep even after taking sleeping pills. i am feeling devestated right now.
Your sponsor has done two partner visa sponsorships, before you, 2007 and 2017.

That is the other sponsorship limitation.

A person may sponsor two partner or prospective marriage visa applicants in total.

The sponsorship limitations referred to above may be waived if the sponsor has compelling circumstances affecting them. These include but are not limited to situations where:
  • the previous fiancÚ or partner has died or left the relationship, leaving young children
  • a new relationship is formed that is long-standing or involves dependent children of the relationship
.

As both were approved, I am not sure how it is affected by other circumstances.

CCMS, the migration agent who replied earlier, had probably the best advice; Get some professional advice.


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Old 06-20-2019, 01:45 PM
MZU MZU is offline
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Originally Posted by JandE View Post
Your sponsor has done two partner visa sponsorships, before you, 2007 and 2017.

That is the other sponsorship limitation.

A person may sponsor two partner or prospective marriage visa applicants in total.

The sponsorship limitations referred to above may be waived if the sponsor has compelling circumstances affecting them. These include but are not limited to situations where:
  • the previous fiancÚ or partner has died or left the relationship, leaving young children
  • a new relationship is formed that is long-standing or involves dependent children of the relationship
.

As both were approved, I am not sure how it is affected by other circumstances.

CCMS, the migration agent who replied earlier, had probably the best advice; Get some professional advice.
Thanks JandE... i will surely get some professional advice .. but its a new front for us to fight. 😢


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