Lodging a 2nd partner visa onshore (309 , 100) - Page 4

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Lodging a 2nd partner visa onshore (309 , 100) - Page 4


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  #31 (permalink)  
Old 02-03-2014, 11:56 PM
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Just note that for the PMV you are REQUIRED to marry within nine months of your application being approved or your visa is cancelled.

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  #32 (permalink)  
Old 02-04-2014, 12:47 AM
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CollegeGirl

Can you give me more info on the PMV thanks
I'm pretty sure we would tick all the boxes on this one

Thanks
Niall


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Old 02-04-2014, 01:02 AM
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This thread gives a good summary of the PMV as well as the partner visas....

http://www.australiaforum.com/visas-...d-i-apply.html

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  #34 (permalink)  
Old 02-04-2014, 01:37 AM
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if i lodge a 2nd application and ultimately we fail due to not living together 12 months, bearing in mind that by that time, we will have lived together for at least 10-11 months (keeping in line with processing times) , if we appealed to MRT, would i still be able to work and live here as part of my bridging visa, until it is all resolved
i am prepared to hit some hurdles and take some more falls along the way, we already have, but this is the girl who means the world to me and i want to spend the rest of my life with. but if it means i get to stay whilst we surmount these obstacles, then so be it.


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Old 02-04-2014, 01:49 AM
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Quote:
Originally Posted by NiallC33 View Post
if i lodge a 2nd application and ultimately we fail due to not living together 12 months, bearing in mind that by that time, we will have lived together for at least 10-11 months (keeping in line with processing times) , if we appealed to MRT, would i still be able to work and live here as part of my bridging visa, until it is all resolved
i am prepared to hit some hurdles and take some more falls along the way, we already have, but this is the girl who means the world to me and i want to spend the rest of my life with. but if it means i get to stay whilst we surmount these obstacles, then so be it.
The problem with this is that the defacto requirements are "time of lodgement" requirements, which mean that MRT will only assess your application based on whether you fulfilled that requirement at the time of lodgement. You can submit more evidence to MRT to support your application, but that evidence would still need to be proof that you satisfied the criteria at time of lodgement. Living together 12 months AFTER you applied will not matter to the MRT because they will still assess your application as being invalid at time of lodgement.

You will waste money on a second application and then waste money on MRT and I just don't see you having a successful outcome on your defacto application of you apply in the coming weeks.

I'm not a migration agent and I am far from being an expert (and I welcome any confirmation or correction on what I'm saying) but I have spent many, many hours browsing this forum and it's very clear that DIBP very, very rarely bend on their defacto rules.

At least look into the PMV because I really think it's your best option unless you can find a way to stay in Australia in order to reach 12 months cohabitation and then apply for defacto. The other alternative is to actually get married of course - it's the path my husband and I eventually chose.

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Old 02-04-2014, 02:08 AM
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What you really need to do is sit down with your agent and get him to explain all the different pathways to you properly. Then have a look at your circumstances and your evidence. That way you can make an informed decision on the best way forward. You'll only end up completely confusing yourself by speculating about all these different hypothetical situations.

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Old 02-04-2014, 02:29 AM
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Maybe find a different agent as well! You don't sound at all confident with your current one and it's your right to receive advice that you trust!

Please keep us updated on your situation and which pathway you eventually choose!

Most of all...good luck to you during this painful and frustrating time!


  #38 (permalink)  
Old 02-04-2014, 02:56 AM
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cheers all, its a very emotional and financially draining time for both me and my partner. i think we may have to look into moving back to ireland for a year and living together, that way we fulfil their cohabitation rule. my gf would get an irish visa easy enough


an excerpt from the refusal decision :

''I have taken into consideration the following:

- The fact that you have not at any time created a joint household;


..............
While I am satisfied that you are in a relationship with your sponsor, I am not satisfied that that relationship has developed beyond a boyfriend/ girlfriend relationship into a “de facto” relationship as required by the Regulations.

Subsequently I am not satisfied that you meet the nature of the commitment requirement.
''



at no time does she say its a strict 12 month rule, its just that we didnt provide any documents other than a joint bank account. but i was unable to provide documents as i had to leave the country due to my visa expiring , so of course we were seperated and we couldnt set up a household.. we provided a multitude of documents ranging from skype and facebook records , along with emails, birthday cards etc to showed we were in constant touch whilst separated due to visa issues


  #39 (permalink)  
Old 02-04-2014, 03:08 AM
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The CO did not accept that you lived in a de-facto relationship at all, let alone for 12 months.

In my view ( based on the limited information provided in your posts), this application should never have been lodged in the first place, as it was doomed to fail.

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  #40 (permalink)  
Old 02-04-2014, 03:13 AM
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Quote:
Originally Posted by CCMS View Post
The CO did not accept that you lived in a de-facto relationship at all, let alone for 12 months.

In my view ( based on the limited information provided in your posts), this application should never have been lodged in the first place, as it was doomed to fail.
but there was mitigating circumstances for our seperation. backed up by documents showing this as well as signed stat decs from both partners and family members


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