Spouse visa rejected

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Spouse visa rejected


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  #1 (permalink)  
Old 12-15-2009, 09:49 AM
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Spouse visa rejected

Hi,
Does anyone know if it you can apply again for a spouse visa if your spouse visa is rejected?


Any advise in regards to where to go from here would be greatly appreciated.
Kind Regards,
Nina


Last edited by Babybah; 03-18-2010 at 08:14 AM.

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Old 12-15-2009, 07:32 PM
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I am so sorry, that is heartbreaking news for you

I am not sure if you can re-apply for a spouse visa, maybe someone else here will know.

The Migration Review Tribunal maybe is a better option, from what I have read they are thorough and examine all your evidence BUT it takes awhile about a year as they have a backlog.

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Old 12-16-2009, 01:17 AM
 
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that's a real bummer. so sorry to hear

hopefully someone on this forum can help. otherwise you could try contacting Robert Chelia -not sure if this spelling is correct. I think he is a migration agent but not sure - spotted his name on another forum (migrationhelp.com.au) -he had a blog about cultural sensitivities in marriage and immigration bias and stuff like that. he seemed pretty clued up about MRT and appeals and things. worth a shot if you get no other help.

good luck


Last edited by MaryB; 12-16-2009 at 12:51 PM.

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Old 12-16-2009, 01:43 PM
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Hi Babybah,
I am really sorry to hear this, it happens to quite a lot of people. Yes, you can apply again, I have just assisted another agent with such an application (I am an agent and a solicitor). In that case, though, there was a reason for refusal (invalid marriage ceremony) and that was fixed, so the client decided to re-apply as it was less risky than MRT (in his case).
If you apply to MRT you might get a hearing in about six months, if lucky, but then they would only decide on the one issue - whether the marriage is genuine (if this was the issue that he was rejected on). Then the matter will be referred back to the Embassy for consideration of all the other criteria (health, crim record). If they have already rejected your husband they might be nasty and take a long time, even though there will be a different officer considering the matter, but it is a small world within an embassy.
MRT takes time, but if you win you will at least get your fee refunded. If you apply again, you'll have to pay again. If you are genuine then MRT should be a success.
You might consider getting your husband to Australia on another visa. I think Egyptians are not eligible for ETA or eVisitor (electronic visas), which would be the best option. He might have difficulty getting another visa if he has a wife in Australia. If he could get a student visa (he'd have to pay for a course, though, and show funds to support himself) he could apply for a spouse visa after his arrival and wait here, at least you wouldn't be separated (I am not sure whether he has a chance of getting a student visa if he has a wife in Australia and has been rejected PR - i'd have to check). A normal visitor visa is likely to have a condition imposed that he is not to apply for any further visa, so this might be risky in that he would have to go back (unless there was a substantial change in circumstances after the condition was imposed and you could have the condition waived). Can you tell us why you applied off shore, did he have problems getting to Australia on another visa?
You asked for options, this is all I can think of. Without any further details my preliminary assessment is that you should apply to MRT, as it seems to be your best option. You have 28 days to apply and don't want to lose your time and chance whilst looking at other options.
Lots of good luck
Dorota Sokolowski
MARN 0957526


Last edited by Wanderer; 03-12-2010 at 10:01 PM.

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Old 12-17-2009, 12:54 PM
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It's certainly not an easy situation to deal with Babybah,

On face value, a harsh decision and not that I have ever had anything to do with the MRT, I'd tend to think that reapplying for another visa could still just land you with the same or similar attitude.

At least as xdorota indicates, the MRT will be reviewing the decision for the refusal and I doubt that people will be unduly resistant to reprocessing the visa.

May I ask whether the MO was an Australian or a locally employed person for a local could have a particular attitude.

In going the MRT route, it may be best that you consult with an Australian firm and a separation will likely be unavoidable for the time being.





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Old 03-03-2010, 03:06 PM
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Im sorry to see what you are going through babybah.my husband is from morroco his spouse visa was refused also.we are going through the tribunal.I feel for you


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Old 03-03-2010, 03:44 PM
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Quote:
Originally Posted by trishher View Post
Im sorry to see what you are going through babybah.my husband is from morroco his spouse visa was refused also.we are going through the tribunal.I feel for you
Hi Trishher,
Thank you for your kind words, I feel for you also!
It has been the worst experience of my life and put me through so much mentally and physically ~ my hair has been falling out and all sorts of things, my body just isnt coping at all at with this situation. Feel free to email me privately if you like!
Take care
Babybah


Last edited by Babybah; 03-18-2010 at 08:14 AM.

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Old 03-10-2010, 03:19 AM
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This hopefully answers my question, so thank you.

My application got knocked back today, with no definite explanation, just a photocopy of three pages of requirements.

I have had to wait for a mediacal exam for two months, and have since gotten a referral for a cardiology exam due to a high BP reading, but that exam is more than another month off.

It kills me that I got a decision already. I'm hoping that going through the MTR will get me a better experience, as by then I'll have all the medical taken care of, and whatever else they need hopefully.


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Old 03-12-2010, 01:38 PM
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Quote:
Originally Posted by Babybah View Post
Hi Trishher,
Thank you for your kind words, I feel for you also!
It has been the worst experience of my life and put me through so much mentally and physically ~ my hair has been falling out and all sorts of things, my body just isnt coping at all at with this situation. Feel free to email me privately if you like! Did you go through the Egyptian embassy? I think people from Morrocco do, not sure though...
Take care
Babybah
hello babybah yes sorry to hear about your health.It is a stressful thing to go through your right.We did go through the embassy in egypt.so strange I had to get a letter from them for permission to marry my husband and then now have to prove we are genuine.All because we didnt marry in morocco and have a huge wedding exchanging gold ect. we have a tribunal hearing on the 21st april. God bless


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Old 03-12-2010, 03:02 PM
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Quote:
Originally Posted by trishher View Post
hello babybah yes sorry to hear about your health.It is a stressful thing to go through your right.We did go through the embassy in egypt.so strange I had to get a letter from them for permission to marry my husband and then now have to prove we are genuine.All because we didnt marry in morocco and have a huge wedding exchanging gold ect. we have a tribunal hearing on the 21st april. God bless
Hi trshher,
That is strange that you had to get permission from them?!?
I know of another lady on another forum who also has been rejected and it was by the same and was a very unfair decision also.
Good luck with your hearing I'm sure it will go well for you =)
God Bless x


Last edited by Babybah; 03-18-2010 at 08:15 AM.

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