Lodging an application for review after refusal for partner visa

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Lodging an application for review after refusal for partner visa

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Old 10-25-2010, 11:23 AM
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Lodging an application for review after refusal for partner visa

We (my wife and I) lodged our partner visa (sub-class 309) application to the Australian High commission in Colombo (SriLanka) since we didn't have one here in the Maldives. Less than a month later we received a letter giving notification that our application was refused on the grounds that my wife did not meet the definition of a Permanent Resident (PR) of Australia. Which was the criteria on which we applied.
The Minister wasn't satisfied that she was usually resident in Australia, which she isn't, shes been living with me in the Maldives for about two years now, since we got married, we waited to apply because from what we heard it would be really bothersome to prove that our relationship is genuine. So we waited to gather enough evidence to prove so.
But with this wait it seems that my wifes PR is for some reason not justifiable for a spouse visa.
They didn't ask for any further evidence to prove our case, just flat denial. Which was very frustrating, considering that we paid $1,700 and they just took one look at the application (in the letter they do say that they didn't go through the whole application) and bang...denied.
Now we are to appeal to Migration Review Tribunal (MRT) for the decision to be reviewed for another $1,400. We are optimistic that MRT would be favorable, we are sure we can prove my wifes intention to live there. However, there still remains the question about the rest of the application, what if they find something else to refuse it again. And do the whole thing over again?

If anyone has been through this process, we would really appreciate it if you would lend us your thoughts and experience.

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Old 10-25-2010, 02:19 PM
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Before you go off to the MRT and risk more money, have a look at the same issue discussed @ http://www.australiaforum.com/visas-...ur-advise.html

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Old 10-26-2010, 10:30 AM
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Thanks for pointing me toward that thread, Wanderer.
So looking at it from that point, it unlikely that they will give a favorable review unless she shows that shes employed and able to sponsor me. We do have, and provided as evidence that we had and did have access if needed to funds that would be sufficient to provide for ourselves until we found jobs and whatnot.
Now, I am wondering how it might turn out if I apply for a tourist visa and go there with my wife (with the intention of returning) to help her settle in, and then apply for visa?
But can I apply a new application for the same, since the circumstances have changed? or since they have already refused me, do I have to go through the MRT process and wait for their response before I can apply again?

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Old 10-26-2010, 04:51 PM
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With getting a tourist visa, one problem you could face would be if it had a No Further Stay condition and that would prevent you from applying for a visa onshore.
I know it will seem tough but your wife probably needs to return to Australia and get established before you reapply and that you have had your visa refused does not stop you from re-applying.

If you apply for a tourist visa and there is no No Further Stay condition you could travel with the intent of visiting Australia and then apply onshore.
It may be best that you actually get as long a tourist visa as possible and even with a No Further Stay condition, be prepared to travel to Australia and then at the end of the tourist visa if it has a No Further Stay condition, you take a trip out of Australia to immediately apply again from offshore while your wife has remained in Australia and there is no need to travel all the way back to Sri Lanka or the Maldives and you could consider locations like New Zealand, Fiji or Singapore.

As soon as you had made the offshore application, as it will still likely take six months or more to be processed, you could look at getting another tourist visa to return and then you will need to take another trip out when the visa is ready to be granted.

It will mean that you will not be able to work during those periods but at least your wife could and if you have qualifications for an occupation, you could be on the look out for employers prepared to sponsor and so leaving if need be [ if having a No Further Stay condition ] and applying for the employer sponsorship from abroad would allow you to return, work and submit the partner visa onshore.

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mrt, partner visa, permanent resident, spouse visa, subclass 309

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