If one visa refused(no cheating), how does it affect next application

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If one visa refused(no cheating), how does it affect next application


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Old 06-03-2014, 09:58 AM
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If one visa refused(no cheating), how does it affect next application

Hi everyone

I'm asking this question on behalf of my parents. My parents divorced about 20 years ago but have remained as friends. Dad and i came to australia about 13 years ago. He worked and I studied. About 5 years ago, dad went back to china and with my help and help from relatives, my parents reconnected and started their relationship fresh. They have been living together for about 4 years. Dad has australian permanent residency. Myself is australian citizen. At the moment, dad tries to sponosor my mum over on parter's visa but given their age, both just turned 60 and poor prospect of finding a proper job in Australia. We are not too sure whether we are going to be successful with partner visa. Dad has his savings in the bank. i make about 70,000 from working as a junior doctor(not too sure whether my job and financial backing means anything to case officers). If partner visa application is rejected. We are going to apply for parent contributory visa. My question is if unfortunately my mum's partner visa is refused, because immigration does not believe their story( not caught lying or cheating in the process, just insufficient evidence) or don't think my dad is able to provide decent living for my mum how will this outcome affect my mum's chances of applying for parent contributory visa. this visa requires me as a sponsor but my mum needs to pay a lot of money as an applicant. Is there any regulation that stops her from applying another visa? Also what's the difference between being told your application is unsucessful, then applicants withdraw their own application and being outright refused?


Last edited by bendf; 06-03-2014 at 10:05 AM.

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Old 06-03-2014, 10:30 AM
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Your father has been back in china for 5 years? Is he eligible to sponsor then? Generally to sponsor someone as a partner you have to be "usually resident" which for some case officers means living in Australia for the past two years I believe.

If they have been living together in a defacto relationship for the past 4 years, your parents finances would not be of a worry. People on Centrelink benefits sponsor partners all the time. I would assume that if your showed your parents savings it wouldn't be an issue to be honest.

I think the main concern right now would be to find out if your father can even sponsor your mother - a chat with a MARA registered agent might be of help with that hurdle

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Old 06-03-2014, 11:28 AM
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Quote:
Originally Posted by Engaus View Post
Your father has been back in china for 5 years? Is he eligible to sponsor then? Generally to sponsor someone as a partner you have to be "usually resident" which for some case officers means living in Australia for the past two years I believe.

If they have been living together in a defacto relationship for the past 4 years, your parents finances would not be of a worry. People on Centrelink benefits sponsor partners all the time. I would assume that if your showed your parents savings it wouldn't be an issue to be honest.

I think the main concern right now would be to find out if your father can even sponsor your mother - a chat with a MARA registered agent might be of help with that hurdle
Hi Engaus

Thanks for your reply. My dad's residence requirement is an issue. I guess if that's the case, he'll have to live in Australia for some time before sponsoring. However many people meet overseas, for instance, aussie guy meets a French girl while working in France, had 3-5 year relationship. Immigration on one hand asks people to show evidences of living together for 12 months, On the other hand has this 2 year residence requirement. So literally you need to meet a foreigner who studies or works in Australia. If you meet someone overseas, then it gets tricky. But dad came back for 3 month about 2 years ago so his permenant residency visa is current. I hope there is a way to get around it.


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Old 06-03-2014, 11:35 AM
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If your an Australian citizen it's not an issue, you can live overseas and still sponsor a partner. If you are a PR then the usually resident applies.

Perhaps use the "ask mark" thread to see what he thinks about your dad being out of Australia for so long?

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Application Date: 5th February 2014
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Old 06-03-2014, 12:39 PM
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visa information

If your visa is refused for any reason then next time whenever you apply again, it will take a long time to approve provided if there is no cheating.

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Old 06-03-2014, 12:48 PM
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visa information

If your visa get refused for some reason, it will affect when you will apply next time on condition that there is no cheating.

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Old 06-03-2014, 02:37 PM
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I believe Bendf has already asked Mark this, and Bendf I've already answered this as well. I'll reiterate what I told you before: You really, really need to cough up the minimal amount a good registered MARA agent will cost you and have a consult with one who can sit down and look at the total picture of your dad's potential application. No, being rejected for a partner visa will not keep your mom coming over on a CPV, but why pay in excess of $50,000 when he can most likely, *with the right help from the right agent in putting together a case showing significant ties to Australia and an intention to reside here permanently,* qualify to sponsor your mom. You're making it more complicated than it has to be. Quit asking the same question 85 different ways, bite the bullet and get the help you need.

JMO.

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Visa #2: Subclass 820 (From PMV).
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Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Last edited by CollegeGirl; 06-04-2014 at 03:49 AM. Reason: typo

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Old 06-03-2014, 04:53 PM
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I've got to echo that statement, situations like this can be resolved in a 30 min chat a lot more efficiently than over multiple forum posts and it wont even cost you a tiny fraction of what choosing the wrong option will cost.There's far too many factors and too little information to go on.

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Old 06-03-2014, 10:20 PM
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Another big benefit to a consultation with a migration agent is that you can give them all the information so they understand better your situation. When you post a question here and another question there, no one gets the full picture of your circumstances.

Also, if your father has lived outside Australia for the past 6 years, he will need to first be granted a Return Resident Visa so that he can return to Australia himself since the travel rights on his PR will now be expired.

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Old 06-04-2014, 03:50 AM
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Quote:
Originally Posted by maggie-may24 View Post
Another big benefit to a consultation with a migration agent is that you can give them all the information so they understand better your situation. When you post a question here and another question there, no one gets the full picture of your circumstances.

Also, if your father has lived outside Australia for the past 6 years, he will need to first be granted a Return Resident Visa so that he can return to Australia himself since the travel rights on his PR will now be expired.
Which is also something I pointed out in another post to bendf days ago and listed as a reason to get an agent involved. Sigh.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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