Lodging a 2nd partner visa onshore (309 , 100) - Page 3

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Lodging a 2nd partner visa onshore (309 , 100) - Page 3


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  #21 (permalink)  
Old 02-03-2014, 09:18 AM
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I hope NiallC33 is not going to apply the visa based on that relationship registration, otherwise it may not be successful again if they haven't lived together for a year. His 'MARA agent' should be telling him all these. this agent doesn't seem too reliable.

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Old 02-03-2014, 09:18 AM
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I think you should go and get yourself some solid professional advice somewhere. Finding answers to these complex questions on public forums is not the way to go.

If you have to second-guess a professional adviser on a public forum, you obviously don't have much confidence in him.

I would not advice you on your particular issues without doing a comprehensive assessment of your whole situation, but in general terms :

Cancellation of visas can cause all sort of complications.

Be careful with claiming financial hardship, as it may affect your partner visa application later on.
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Last edited by CCMS; 02-03-2014 at 01:02 PM.

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Old 02-03-2014, 09:27 AM
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Quote:
Originally Posted by NiallC33 View Post
hey guys
yes i knew that but our lawyer said it could do our chances no harm. so we registered with the city of vincent and am currently awaiting a date to receive the cert. we do know it is not a legal binding document but it will be more supporting documentation of our genuine and committed relationship
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Originally Posted by ccpro View Post
I hope NiallC33 is not going to apply the visa based on that relationship registration, otherwise it may not be successful again if they haven't lived together for a year. His 'MARA agent' should be telling him all these. this agent doesn't seem too reliable.
no of course not, we just feel it is an extra supporting document rather than using it to circumvent regulation
its hard to go into on here but the DIBP's refusal reasons were very weak. one of their reasons was that we did not talk of our future or marriage but in my gf's statutory declaration, in black and white, she talked about marriage
we were going to go the MRT appeal route but my lawyer said i could not get working rights whilst it is being reviewed


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Old 02-03-2014, 09:34 AM
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It takes a VERY long time for your case to be reviewed by the MRT. I think you can appeal and at the same time apply another partner visa. I bet the odd is you will be granted the partner visa this time before you hear from the MRT.

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Old 02-03-2014, 09:39 AM
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yes, our agent did advise us on this, so thats why we will lodge a second application. but this time we have a lot more supporting docs and hopefully a more lenient case officer who does not refuse on the basis of certain points, even though we have addressed those points in our application


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Old 02-03-2014, 09:49 AM
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I still would honestly be pretty concerned without a relationship registration that DIBP recognizes as being valid for waiving the 12-month defacto criteria.

Do you at least have evidence showing you've financially supported each other during the last 12 months? It's very difficult for couples who haven't lived together *at all* to claim they are de facto. I'm afraid DIBP would see all your visits to each other as dating, and only now count you as de facto since you're living together now. And as you know you'd need to be de facto for a year to apply.

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Old 02-03-2014, 10:15 AM
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You applied in October 2013 and got a refusal in January 2014 ? That was very fast. Did you get the opportunity to provide additional documentation or did they just refuse it ?

College Girls is right. You either should have a relationship registration that is recognised by DIBP or you have to make sure that you meet the 12 month de-facto requirements with solid, indisputable evidence.In view of the previous refusal, you should take no chances.

You could always get married of course, if you're really serious about this…

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  #28 (permalink)  
Old 02-03-2014, 11:04 AM
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Originally Posted by CollegeGirl View Post
I still would honestly be pretty concerned without a relationship registration that DIBP recognizes as being valid for waiving the 12-month defacto criteria.

Do you at least have evidence showing you've financially supported each other during the last 12 months? It's very difficult for couples who haven't lived together *at all* to claim they are de facto. I'm afraid DIBP would see all your visits to each other as dating, and only now count you as de facto since you're living together now. And as you know you'd need to be de facto for a year to apply.
we have held a joint bank account for the past year yes, with savings in it of approx $8,000 dollars.
when they refused us, they did not mention we did not live together for 12 months, but instead refused us because we did not speak of future plans like marriage. which we did in our stat decs

yes, 3 months was the turnaround and yes they did ask us for extra information which we supplied

also , marriage is of course on the cards but after my gf finishes her evening business degree course. i have heard you can get a form that is an intent to marry which the DIBP recognizes?


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Old 02-03-2014, 07:30 PM
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Niall can I ask how long you and your girlfriend have actually lived together in the same house. You are saying that they refused based on absence of future plans..however in your original post you say that they refused you based on the fact that you don't share a household....DIPB are pretty strict on the 1 year living together thing. I believe others on this forum have seen visa rejections for people who had 11/11.5 months living together and did not have the registration waiver to get around that issue. Based on the fact that DIPB refused an application from last October and you arrived in Aus about 3 weeks ago...I really don't think that you will be ready to lodge an application in the next few weeks....based on the information you have provided they will reject you for the exact same reason they did first time.

If you are going to wait out the 6 months then I would suggest lodging in July a few weeks before your current visa expires when you will have proof of at least another 6 months living together....

I also know too well the financial teeth kick that is lodging a partner visa and with the onshore cost currently standing at close to $4600 I would hate for you to lose that money as well....

the NOIM (notice of intent to marry) is I believe the document you are talking about...and if marriage to your partner is seriously something you are considering...it may be worthwhile.lodging an offshore PMV (prospective marriage visa) and coming back to Australia on a tourist visa while you await processing. You clearly are in a genuine relationship with your partner and have met in person....and therefore the PMV grant has a much higher chance of being granted than the 820 (purely based on my onshore experience applying for the damn thing)

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  #30 (permalink)  
Old 02-03-2014, 11:53 PM
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EEP! I am actually disgusted at your migration agent for taking your hard earned money and giving you outright shitty advice! He is holding your future in his hands and he's not doing a very good job of ensuring that future! Ugh!

DIBP are incredibly strict on what they define as a "de facto" relationship and that is either 12 months of living together (with some allowance for separation that is limited and for very good reasons) or relationship registration that is valid - and WA does not provide such a document.
There have been stories on here of defacto applications that have been refused because the applicant could only prove 11 months of cohabitation, and sometimes they have bucket loads of other evidence of genuine relationship. How long have you actually lived with your partner?

Having a joint bank account and a joint utility bill is not going to be enough to satisfy that cohabitation requirement and you will need hard evidence of actually living together - letters sent to same address, utility bills spanning at 12 months etc etc - for 12 months.

I really think you need to rethink applying in the near future and definitely fire that migration agent because he seriously is not being a very good steward of your future (or your money that you're wasting on futile applications).

Have you considered the PMV? It seems a much better fit for your circumstances, provided that you do intend to get married in the future of course.

Please, please do some more research before throwing good money after bad!

Best wishes!

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Last edited by Star Hunter; 02-04-2014 at 12:01 AM.

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