PMV REFUSED 28th August 2019

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  • 1 Post By wrussell
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PMV REFUSED 28th August 2019

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Old 08-28-2019, 11:38 PM
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PMV REFUSED 28th August 2019

Hello everyone,

I went to Australia back in 2011 on student visa and extended another student onshore after completing my studies then I applied for 485 visa onshore which was refused reason I didnít not apply for AFP check before applying for visa. I went AAT decision was affirmed then I went lower federal court it neither came in my favour while all this was happening I met my partner when I was refused and I was in AAT she had sponsored her someone before and has two kids from him and she is divorced well we had no substantive visa so it wasnít good for us to apply any onshore visa wouldnít have gone in our favour so I thought I shall depart and apply PMV off shore it would be quicker but it took 17 months for decision and we heard NO as the answer quite depressing for me and kids reason they have the opinion we lived together for visa purpose donít have much socialising photos as a couple she hasnít traveled to see me. Thereís no legal documents proving that kids are missing to step kids but reality is one of kid is way more attached to me then her real father wish I could prove it. Anyway thereís no document showing me as carer for kids joint bank account doesnít show transactions only shows money goes in from the accounts and goes out of that account not daily transactions shows joints house lease and utilities bills but donít give much weight on them. Well now after being refused we are not going to give up on each other after all we have gone through but I need some well experienced suggestions our consultant suggest we shall I go for appeal she thinks itís based on opinion itís harsh and unfair rather getting married off shore and apply after marriage because she thinks itíll take more evidence to prove relationship as we already lacking some as per immigration point of view so she think ultimately decision would be NO even if we get married and lodge new application. Your sincere advice could help us getting back together. And one more thing Iíd would like to ask is I have some superannuation fund in Australia sitting which we were advised not to withdraw because Iím planning to travel back might hurt our application so now since I have been refused can I withdraw it and used that money to bring my partner to my country and get married and apply or itíll be hurt our new application as well ? And moreover I had some bank debt as well I have been paying it off in payment plans but not payed off fully yet would it be matter ?

Looking forward to hear from you guys.

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Old 08-29-2019, 12:27 AM
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You have done a thorough job of digging your own grave.

May I suggest that you both obtain your full immigration files under Freedom of Information and consult one of the registered migration agents who posts on this forum for advice about strategy? Not necessarily in that order!

Aussie in Thailand likes this.
Westly Russell
Registered Migration Agent
Number 0316072

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Old 08-29-2019, 02:11 AM
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I tried to read your post, but lost track after the second sentence. Sorry, but if people can't be bothered to write properly, then I can't be bothered to read it. Surely after so many years as a student, you do know something about punctuation and grammar?

Maybe you should sit down with a migration professional and work out a viable strategy for your situation. It seems a lot of your pain is self-inflicted.

Nick van Voorst
Registered Migration Agent 0640648

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Old 08-29-2019, 03:28 AM
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Why are you asking for advice when you state that you have a "consultant"? I am assuming that your "consultant" is a Registered Migration Agent?

As for your superannuation - why would you be asking for advice on this forum. Wouldn't you be better off dealing with the superannuation company? There are specific rules for releasing of funds to non Australian citizens / PR.

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Old 08-29-2019, 04:31 AM
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After consultation with a Registered Migration Agent you should look at what to do with your superannuation.

If they suggest your options are good at getting a visa grant it might be best leaving it alone, depending on when you earned the bulk of the money.

I do not think the "new" superannuation tax laws were retrospective.

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