Some advice re spouse visa

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Some advice re spouse visa


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Old 06-04-2010, 05:16 AM
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Smile Some advice re spouse visa

Hi everyone, I've been reading the forum for a few weeks now and my heart goes out to all of you who are still waiting for outcome of your visa applications.My partner is yet to apply for his visa but wondering if someone might have some advice before we do so.

I am Aust citizen and my husband is Indian, we are living in India currently. We met approx one year ago while I was in India, I went back home then came back to India and we married in March of this year. My husband previously lived in Australia for five years and was married to Aust citizen then. Given their marriage, he applied for a spouse visa to stay. By the time the assessment was done, the marriage had broken down and visa was rejected. He returned to Australia before his visa expired.

Last year while I had returned to Australia my spouse had applied for a tourist visa to visit me, and it was rejected on a number of grounds including that he had no family in India (his mother and brother live here), that he has no assets to tie him to India (he owns an apartment), that his work is "small scale" (unfortunate but my spouse's occupation was hit hard with the recession and most people in the industry were not working at the time).

I have contacted the Aust High Commission to ask what visa is appropriate to apply for given we are looking at going to Australia for a holiday later this year. I have been told that we MUST apply for a spouse visa even though we are not migrating yet, and that if we apply for a tourist visa it is possible that it will be rejected!

So my question is given my spouse's past visa rejections, what is the likelihood of my spouse being successful in getting a spouse visa given we have only now been married two months? If I go back to Australia in the meantime (to work so as to be in a good financial position to be able to apply for the spouse visa), will this reflect badly on our application having spent time apart? Is it worthwhile engaging a solicitor to help?

If anyone has some advice to give or want to share their experiences, I would love to hear from you. The irony is my spouse now does not want to leave India, and I am homesick!

Good luck to everyone out there


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Old 06-04-2010, 11:44 AM
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Hi Sarah,
The past visa rejections should not affect a partner application for his earlier partner visa was just refused because conditions changed and I assume by
Quote:
He returned to Australia before his visa expired.
you actually mean he left Australia before his visa expired, so he has had no previous non compliance issues.

As for his recent tourist visa rejection, that is just because of what Australia requires in relation to many what are referred to as high risk countries, high risk being for various reasons and I've seen before reference to that it's a tight situation with India, again some irony in that as we have heaps of Indians approved with student visas [ aside from the fact that many of them have likely been attained with PR in mind, which could prove not to be so for many as well ] but Immi does apply what it does not at the personal level but because of what history may be re non-compliance of people in general from certain countries.
Countries like India, China and other asian populous countries are probably marked to some extent just because of greater populations giving rise to greater noncompliance issues numbers.

So caught between a rock and a hard place, there's probably not a lot you can do other than get a partner visa application in and it'll be a fair wait for processing.
You need to have a good read of the Immi site info re eligibility and using the Checklist etc. to get a good application together and a read of the sticky thread by elkitten may help in that regard.

You could discuss with your husband that if you do that and he can eventually get PR, that does not have to mean straight away a decision on staying in Australia, but at least travelling in and out will be easier.





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Old 06-26-2010, 08:06 AM
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Quote:
Originally Posted by sarah in mumbai View Post
Hi everyone, I've been reading the forum for a few weeks now and my heart goes out to all of you who are still waiting for outcome of your visa applications.My partner is yet to apply for his visa but wondering if someone might have some advice before we do so.

I am Aust citizen and my husband is Indian, we are living in India currently. We met approx one year ago while I was in India, I went back home then came back to India and we married in March of this year. My husband previously lived in Australia for five years and was married to Aust citizen then. Given their marriage, he applied for a spouse visa to stay. By the time the assessment was done, the marriage had broken down and visa was rejected. He returned to Australia before his visa expired.

Last year while I had returned to Australia my spouse had applied for a tourist visa to visit me, and it was rejected on a number of grounds including that he had no family in India (his mother and brother live here), that he has no assets to tie him to India (he owns an apartment), that his work is "small scale" (unfortunate but my spouse's occupation was hit hard with the recession and most people in the industry were not working at the time).

I have contacted the Aust High Commission to ask what visa is appropriate to apply for given we are looking at going to Australia for a holiday later this year. I have been told that we MUST apply for a spouse visa even though we are not migrating yet, and that if we apply for a tourist visa it is possible that it will be rejected!

So my question is given my spouse's past visa rejections, what is the likelihood of my spouse being successful in getting a spouse visa given we have only now been married two months? If I go back to Australia in the meantime (to work so as to be in a good financial position to be able to apply for the spouse visa), will this reflect badly on our application having spent time apart? Is it worthwhile engaging a solicitor to help?

If anyone has some advice to give or want to share their experiences, I would love to hear from you. The irony is my spouse now does not want to leave India, and I am homesick!

Good luck to everyone out there
Hi Sarah in Mumbai, my husband is also indian. I am Australian citizen living in W.A. and my husband is living in India. We have just begun our spouse visa journey, our application will arrive in New Delhi next week. Just wondering how things are going for you and if you have yet applied for a spouse visa? Will you move to India to live with your husband? My husband and i have never lived together yet, i have been to visit him twice in the last 12 months so in all we have only spent 5 weeks together. I am hoping this will not effect our visa. He also does not have any birth record, although he has a current passport. I have been told it is common for many people from India to not have a birth certificate. However i am rather concerned becoz i fear we will need this for our visa.
Hope you have a good day


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Old 09-03-2010, 07:05 AM
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Hi Jude - sorry I havent responded earlier to your note. How did you go with your husband's visa application. I hope the news is good. We are yet to make the application but are just in the process of doing so, so fingers crossed. Look forward to hearing your outcome.


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Old 09-03-2010, 02:04 PM
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Hi Sarah, we have been waiting 2 months now, we have been asked to provide additional documents which we will send next week. Then we will be waiting for the final decision. It certainly is a waiting game and not much fun at all. But at least with each passing day we are 1 day closer to being together for all life. I hope all goes well with you and i wish you every luck. Keep me informed of your progress. Take care. Jude


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Old 09-04-2010, 01:01 AM
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Hi Sarah!

The first part of your story is similar to mine...

I met my Indian husband early last year, had to return home for 7 months, went back to India in November and we married in April. We started compiling the spouse visa about a month before we married and handed it in through VFS Delhi on the day before I left India - May 6th. So, we were only married for two weeks before lodging the application. At his interview in June, the CO did ask how we kept in contact while I was in Australia and we had evidence of emails and yahoo messenger call logs.

The time frame we were given was 3 to 4 months. We have been waiting almost 4 months now. Fingers crossed that a positive decision will come very soon.... :-)

Wish you all the best with your application. I'm sure you will be fine :-)


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Old 09-10-2010, 07:22 AM
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Hi Skydancer - your story is very similar to mine! Have you had any news regarding your partner's visa? Good luck, I hope to hear the visa has come through. Any suggestions about what kind of paperwork to send with the application? We have got the standard info (wedding photos, certificate, bills etc). Let me know if there is anything else you can suggest! Hope to hear your good news soon.


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Old 09-10-2010, 08:25 AM
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Hi Sarah

The AHC in Delhi has just today updated their partner visa time frame to 5 months, so it seems we are going to have to wait some more.....

I feel you have nothing to worry about, except, you say that you're planning to holiday in Australia later this year. Bear in mind that the processing times makes it unlikely you'll get his visa in time for this holiday.

If you haven't yet, then do read these application tips by Annika in India

http://http://www.australiaforum.com...n-details.html

and the visa interview questions thread

http://http://www.australiaforum.com...migration.html

Everything will work out fine, meanwhile, enjoy you stay in India with hubby!


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