Lodging a 2nd partner visa onshore (309 , 100) - Page 5

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Lodging a 2nd partner visa onshore (309 , 100) - Page 5


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  #41 (permalink)  
Old 02-04-2014, 03:39 AM
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Quote:
Originally Posted by NiallC33 View Post
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
"As required by the regulations" is probably definitely a reference to the living together for 12 months rule.

The fact that you couldn't set up a household due to your visa conditions does not come under "compelling reasons for separation". Everyone living in different countries face the same issue and DIBP will just want to know why you did not seek a PMV or another visa in order to satisfy their criteria.

You have to understand that the criteria is there for a good reason. They need to be satisfied that the relationship is genuine and continuing (and likely to continue). They aren't issuing partner visas to people who are dating and would like to see of their relationship works out, but who have already established a relationship. The PMV is a time limited visa (9 months) for that very reason.

I know it's not what you wanted to hear, but you really are lucky to have found this out now instead of after you paid for a second visa application. It's not the end, it just means you need to look at things from a different angle.

You can do this, you just need to figure out the best course of action for you xxxxx


  #42 (permalink)  
Old 02-04-2014, 03:46 AM
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That doesn't matter. It would have mattered if, say, you lived together for six months, then a family emergency happened and one of you had to go home for a month, and then you lived together another five months. That kind of thing would have been okay - you would have showed you still stayed in contact, that you continued to financially support each other, etc. These kinds of situations are the only "bend" there is to the 12-month rule - short separations apart. But you never lived together for any significant period of time. You never had a chance at getting approved for a de facto visa.

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  #43 (permalink)  
Old 02-04-2014, 04:02 AM
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Niall - I know it's emotional and financially draining and the regulations can be frustrating. You really are not the only one to feel like it's a no win situation - how can we get a defacto visa if the government won't give me a visa that facilitates that etc. I get it. My husband was too old for a working holiday visa and he didn't have any skills on the skills list and essentially no hope of getting any visa that allowed us 12 months of unbroken cohabitation. He is from America and thankfully had access to the ETA and used that to enter Australia on 3 separate occasions. We built up 9 months of cohabitation broken by him having to fulfil his ETA conditions and we knew that a defacto visa would not ever be on the cards for us (I can't immigrate to the US because I have children of my previous marriage and custody orders prevent me from taking them out of the country). We considered the PMV but didn't want to be apart while it was processing, so we made the decision to get married in Australia while he was here for the 2nd time.

I don't regret it. I knew I was planning to spend my life with this man. I am not pushing marriage onto you, but if you're considering it anyway....it is a different way to to about things and you don't need 12 months living together to apply for the spouse visa - and you can apply for it onshore provided your current visa doesn't have a no further stay condition attached.

This forum really is filled with people who truly understand your predicament and who can honestly empathise with the pain of needing to be with someone and hitting brick walls each time you turn. Some days I need to take a break from this board because the anguish sometimes gets to me. You are truly among friends here who understand like nobody else can. Please take strength from these people and do what you have to in order to push on.

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Last edited by Star Hunter; 02-05-2014 at 10:24 AM.

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  #44 (permalink)  
Old 02-04-2014, 04:05 AM
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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.
so what options do we have
a pmv means i have to go offshore and wait months and months

or do we take a chance with a second application

or do we go to ireland, live together for 12 months and reapply

using forums like this ,whilst helpful, are like self diagnosing on google. what starts as a tickly cough is suddenly throat cancer when you google it
nothing is black and white in this world, users of forums more often than not have hard luck stories but what about the people who were in similar situations like myself who have got defacto visas but dont share their story as theres no need cos theyve been succesful


  #45 (permalink)  
Old 02-04-2014, 04:11 AM
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Quote:
Originally Posted by NiallC33 View Post
so what options do we have
a pmv means i have to go offshore and wait months and months

or do we take a chance with a second application

or do we go to ireland, live together for 12 months and reapply

using forums like this ,whilst helpful, are like self diagnosing on google. what starts as a tickly cough is suddenly throat cancer when you google it
nothing is black and white in this world, users of forums more often than not have hard luck stories but what about the people who were in similar situations like myself who have got defacto visas but dont share their story as theres no need cos theyve been succesful
They don't post on this forum because they don't exist. I'm sorry to be harsh, but you don't seem to understand. If you submit a second defacto application in the next few weeks given what you have shared, you will get another rejection. We have lots of successful applicants who share on this site, it's not all people with complicated applications. We have people with applications approved literally in days.

It's your money and your future and ultimately it's up to you what you choose to do. I would seriously advise that you seek a second opinion through another migration agent and a third if necessary.


  #46 (permalink)  
Old 02-04-2014, 04:11 AM
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Quote:
Originally Posted by NiallC33 View Post
so what options do we have


using forums like this ,whilst helpful, are like self diagnosing on google
Like I said before, stop guessing and speculating and get some good professional advice from someone you feel comfortable with and who has a good reputation.

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  #47 (permalink)  
Old 02-04-2014, 04:56 AM
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Quote:
Originally Posted by NiallC33 View Post
so what options do we have
a pmv means i have to go offshore and wait months and months Yes, it takes months, many on this site have endured years waiting to be with their partners!!

or do we take a chance with a second application I have to agree with the others, this sounds like a long shot to me, especially as you have already been refused and your evidence sounds sketchy at best

or do we go to ireland, live together for 12 months and reapply This sounds like the safest
option if you can do that


Your other option is to get married and then apply, if you say that is what you were going to do anyway then do it first and then apply. You can always have a "family ceremony" later, when it suits you

using forums like this ,whilst helpful, are like self diagnosing on google. what starts as a tickly cough is suddenly throat cancer when you google it
nothing is black and white in this world, users of forums more often than not have hard luck stories but what about the people who were in similar situations like myself who have got defacto visas but dont share their story as theres no need cos theyve been succesful
We have seen plenty of people on this forum who have had difficulties with their applications. The 12 month living together rule is well spelled out by immigration as not negotiable and they mean to the day! 11 months and 29 days don't cut it if you are applying for de facto, it is up to you to prove your case. With many more applicants than they want to approve, you must convince them of the validity of your case, or expect a refusal. Your choice. At least with this forum you are talking to people who are going through similar situations or have been through it all before themselves. I would think you need to see a GOOD migration agent to check your case before throwing away more money.

Best of luck,
Kttykat




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Last edited by kttykat; 02-04-2014 at 05:00 AM.

  #48 (permalink)  
Old 02-04-2014, 01:49 PM
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As it has been stated several times in the replies you have received, applying for another de-facto visa will be a waste of time & money.

If you read the extract that you included in your earlier post again carefully, taking close attention to the wording they use, the CO is saying that whilst he/she is satisfied that you are boyfriend and girlfriend, you have not been in a de facto relationship (which by their definition is defined as living together exclusively for a period of 12 months) and therefore you are not eligible at this moment in time for a de facto visa.

In my opinion (and I'm not a migration agent so it's just an opinion)

1) Don't re-apply for the same visa. If you have been rejected once, due to you not meeting the requirements, you will be rejected again

2) You would be better applying either for a PMV, or, as you said, moving back to Ireland to live together with your girlfriend for a period of 12 months before applying again for a de facto visa. My Australian girlfriend & I had to do the same in order to meet the requirements, and if you're serious about the relationship, which I'm sure you are, it'll all be worth it in the end

3) Get some proper advice from a qualified agent - Mark's name has been mentioned several times - Northam & Associates, I would not listen to the agent you are currently using!

I hope you manage to get yourself sorted out!

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  #49 (permalink)  
Old 02-05-2014, 12:27 AM
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myself and my partner were talking about it yesterday and it looks like we may head back to ireland in a couple of months. she can get a 1 year working holiday visa and we will rent an apartment for a year , thus satisfying the 12 month cohabitation rule

after the year is up, im assuming i would be able to come back to aus on a tourist visa, like i am now and apply onshore for the partner visa, but this time have a minimum length of stay condition, unlike my current 6 month one, so the BVA would kick in and i could work whilst we undergo the process again?


  #50 (permalink)  
Old 02-05-2014, 12:51 AM
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Quote:
Originally Posted by NiallC33 View Post
myself and my partner were talking about it yesterday and it looks like we may head back to ireland in a couple of months. she can get a 1 year working holiday visa and we will rent an apartment for a year , thus satisfying the 12 month cohabitation rule

after the year is up, im assuming i would be able to come back to aus on a tourist visa, like i am now and apply onshore for the partner visa, but this time have a minimum length of stay condition, unlike my current 6 month one, so the BVA would kick in and i could work whilst we undergo the process again?
It sounds like this is the wisest approach, and offers you the best chance of success which is ultimately your goal.

As far as returning on a tourist visa, by all means plan for that. However you should also prepare for the fact that the tourist visa may come with a No Further Stay condition, in which case you couldn't apply for an on-shore visa. You may be lucky and not get the NFS, but it's always good to have a contingency plan in case this is what happens. So another option (plan B) is to apply for the off-shore version of the visa before you leave Ireland, and then you simply need to keep DIBP updated of when you're in Australia so you can take a quick trip to Bali or NZ when they're ready to grant the visa.

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