Partner Visa 820 Refused

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Partner Visa 820 Refused


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Old 01-12-2020, 03:20 AM
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Partner Visa 820 Refused

Hi All,

We applied for Defacto 820/801 visa last 23/04/18, however my partner passed away last 27/12/19 (ColoRectal Cancer). I received a letter coming from Medicare 2/01/20 that I'm no longer eligible on 27/01/2020. My migration agent already knows that our application for De facto visa was refused/denied on 18/12/19. Up to this day, I don't have the copy of the Immigration letter. The migration agent told me that we will appeal to AAT? I'm just worried how many days we can appeal, can someone give me a time frame since, they already received the letter since 18/12/19. I'm totally in the dark ,I don't know what to do.
Can some one recommends me a Migration agent that handles very well with De facto visa. I'm currently on Bridging visa C, can I apply for a work rights since my partner passed away.

Regards,
SpringElle


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Old 01-12-2020, 04:08 AM
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From what you have posted the 21 days allowed to lodge a review application has passed and if you (or your agent) were correctly advised about this, there is nothing you can do. Any of the registered migration agents who post of this forum could advise you.

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Old 01-12-2020, 11:45 AM
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I'm very sorry your partner passed away. I've gotten my permanent residency already almost 2 years ago. But not long after I applied for my 820 partner visa I found out I had breast cancer at the age of 28. I'm turning 33 this year and am doing well.

What I'd suggest is for you to immediately contact immigration dept tomorrow asking them for information on who to contact in regards to your situation. You'd want to email the right address to notify them about your situation and that your previous agent hadn't had notified you about the refusal. Once you've done that I'd highly suggest you hire a reputable agent to assist in filing an appeal. There's a few good ones in the forum like Mark Northam and Nick Van Vroost.

Out of curiosity why was your visa denied?did your agent say what was the reason?is it cause immigration didn't think your relationship was genuine?when I submitted my 801 I included some evidence showing my partner being very supportive throughout my cancer treatment. Photos of him at my chemotherapy, a letter from my GP and oncologist stating they often see,my partner at doctor's appointments, photo of him at the hospital when I had surgery.I think those helped a lot.

Good luck to you. I hope it all works out.

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Old 01-14-2020, 03:18 AM
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Quote:
Originally Posted by wrussell View Post
From what you have posted the 21 days allowed to lodge a review application has passed and if you (or your agent) were correctly advised about this, there is nothing you can do. Any of the registered migration agents who post of this forum could advise you.
Thank You Russel. I learned that Migration agent already Lodge the application 9/1/2020.I'm still in the dark, why they filed for it without me knowing the letter from the Immigration.


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Old 01-14-2020, 06:24 AM
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Do you meant that your agent filed a review application without you knowing?

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Old 01-14-2020, 06:40 AM
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Hi, if my partner visa gets refused am I able to apply for other visas? ie 482 visa has a condition that says if you were refused a visa you are unable to apply.


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Old 01-14-2020, 07:25 AM
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Quote:
Originally Posted by rchi2209 View Post
Hi, if my partner visa gets refused am I able to apply for other visas? ie 482 visa has a condition that says if you were refused a visa you are unable to apply.
You can, but not onshore.

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Old 01-14-2020, 08:46 AM
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Hi, if my partner visa gets refused am I able to apply for other visas?
Having been refused a visa onshore, unless you hold a substantive visa you can apply for only a protection visa, or similar.

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Old 01-14-2020, 03:08 PM
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90% of onshore protection visa applications are refused. Don't apply unless you're genuine. It wastes money, time and ties up the system.


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Old 01-14-2020, 10:41 PM
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Thanks so much for the response and help!

I have concerns my visa may be rejected due to lack of evidence, it is a genuine relationship but we did not intend to apply for a partner visa as I thought I had enough points for 189 (ie only registered relationship ~6 months prior to application).

My workplace does 482 sponsors, I was thinking of asking my workplace for a sponsorship IF my 820 gets refused, just because it's a faster pathway to PR and gives me freedom for career change. But seeing as I may not be able to apply for another visa onshore the safer option would be to just go with 482?


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