Rejected visa application

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Rejected visa application


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Old 09-21-2013, 06:48 AM
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Rejected visa application

Hello All,

As you will notice I am new here and had my girlfriends Visitor Visa to Australia recently rejected. By normal vague reasons.

Any comments or advice welcome.

Our application was I thought good, but got the usual they don't believe she will return home.

* She is from Ukraine ( not one of the bombshells seen on many dating sites - but a nice honest lady).

* We are of similar age only 1 year different.

* She has a degree and continuous employment of 7 years 4 months.

* Has enough funds in her account to support herself in Australia for a long period.

* We met in Vietnam.

* I meet her and family in Ukraine.

*She has 2 kids - I have 3.

* I can support them for a long period of time & have good employment.

* I have sponsored another person for a 6 month visitor visa and complied with all requirements.


But we still could not get a 6 month visitor visa for them.
3 options I have are.

1) reapply for a visitor visa - but not sure what else could be included.
2) Apply a Prospective Spouse visa - Need to try our relationship further and 9-12 months is to painful. Also about $12K.
3) 457 visa option - again think it will not be good to test waters as a family living and working together- Also about $15K.

Any ideas please.


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Old 09-21-2013, 08:44 AM
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You are welcome to ask questions folks?


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Old 09-21-2013, 08:50 AM
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What were the reasons that they gave you for rejection? I know you mention they had vague ones, was it the normal stronger ties to Australia than home country, limited travel and not enough funds?

Also I might mention that some embassy's will not take into account the financial support of someone else and the applicant must have the money in their account and then of course each embassy might have what they consider "limited personal funds" too.


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Old 09-21-2013, 08:56 AM
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Hi -

Determining the best way to go forward could begin with a careful study of the Genuine Visitor policy at DIAC and looking at each of the criteria and seeing how your girlfriend's situation meets or does not meet the criteria. Once you have a better idea of how close her situation is to what is required in policy, that might provide a better estimate of the chances of any future application.

Of special importance is the text in the decision record document - specifically which of the Genuine Visitor policy elements were used to refuse the visa are important - if these can be addressed by providing more details, etc that's good. If not, that may indicate a challenge for any future applications until her circumstances change.

Hope this helps -

Best,

Mark Northam

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Old 09-21-2013, 09:22 AM
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Thanks Mark.

Was rejected under regulation 600.211 I expect (c)

I had a much worse application from Africa approved for 6 months.

With the exception of the preposed spouse visa, we far meet requirements of Visitor Visa and 457 visa. But only having a short relationship we wanted some together time as a big 5 kid family.

Decisions are made in Moscow by I suspect novice people with lots of power and little regard.

Basically I hate our immigration system - I lived and worked overseas for about 8 years. Just not allowed to bring your girlfriends home to see your country.


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Old 09-21-2013, 10:05 AM
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Hi Ampk -

If they gave you no narrative of the specific reasons why you were refused, I'd ask for it. Reg 600.211(c) is a catch-all for any "relevant matter".

Re: 457, you may want to look at all the "genuine position" and "genuine intent" policy language introduced 1 July. Given how much subjective control the case officers now have, it is impossible for a person to say they qualify or not before assessment, as "qualifying" is no longer a black & white matter (ie specific requirements) but a very, very subjective one where the opinion of the case officer about the extremely vague word "genuine" can and will make or break a visa application.

Best of luck going forward - if they did not give you specific reasons and parts of the Genuine Visitor policy that you did not meet, it's very hard to figure out how to get beyond that.

Best,

Mark Northam

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Old 09-21-2013, 10:15 AM
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Quote:
Originally Posted by Mish View Post
What were the reasons that they gave you for rejection? I know you mention they had vague ones, was it the normal stronger ties to Australia than home country, limited travel and not enough funds?

Also I might mention that some embassy's will not take into account the financial support of someone else and the applicant must have the money in their account and then of course each embassy might have what they consider "limited personal funds" too.
Mish, reasons - only half valid was her girls education while here - the other was not strong work commitment (been there 7.4 years and has 3 months paid leave owing) Normal will not return at end of visa - has a share in a apartment there and not considered to be intended purpose of travel.

Yes essentially only other travel was to Vietnam. She has own funds in own account say $20 K no it is not my funds.


Last edited by ampk; 09-21-2013 at 11:01 AM.

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Old 09-21-2013, 10:53 AM
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Is possibly more legally correct for my company the 457 visa option, but as we have only known each other about 10 months. It is not a visa to test the family relationship.

Living and working together is hard for the simplest relationships.


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Old 09-21-2013, 11:45 AM
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Hi Ampk -

I won't argue with that! Best of luck going forward.

Best,

Mark

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Old 09-22-2013, 12:55 AM
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Is there any known information about the "Black Mark" on these rejected applications has for further application's and to other travel destinations?

There are the forms that ask if ever had a visa rejected - mostly just a yes/no box reply!

I think it is very harsh that kids now lodge separate applications and now have black marks against them.


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