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  #31 (permalink)  
Old 06-27-2014, 07:02 AM
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There a fraudulent and fake relationship application/cases around and have always been - some disgusting and unbelievable but it has and will happen.

To clarify my position on what I think the Immi Department can do on the 5 year idea floating around here.

Issue the Partner Visa on reasonable grounds in a reasonable time, have a set waiting or cooling off period (12/24 months) issue PR. But in the initial application they have the right to review your application in hindsight up to 5 years later. If it is found later that your docs (mainly) are fraudulent then PR will be revoked, if you relationship failed it may be looked into by them but not a revokable thing alone. --- But this all needs to be done only by the Immi Department, not the applicant needing to prove things again.

This gives the genuine applicants no problems to get on with life and Immi extra 3 years to act on fake/fraud cases.


  #32 (permalink)  
Old 06-27-2014, 07:08 AM
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They can already revoke PR for fraudulent documents, and I believe the statute of limitations on that is more than five years anyhow.

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  #33 (permalink)  
Old 06-27-2014, 07:36 AM
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Call it a coincidence, my fiancÚ just got called from Embassy.
Asked for 2 scan copys of docs we already sent, they don't even want translations (birth certs and divorce papers). And her ex-husband signature not match passport on permission letter (but does on form 1229).

Then a few questions about me, they said they know of me. Then asked here why I left country recently.

Coincidently no reply from Senator's staff member Je today, she always has in passed replied within 24 hrs, even when not at work.

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  #34 (permalink)  
Old 06-27-2014, 07:46 AM
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Quote:
Originally Posted by CollegeGirl View Post
They can already revoke PR for fraudulent documents, and I believe the statute of limitations on that is more than five years anyhow.
Hi CG in Australia there is NO statute of limitations on criminal matters, only civil cases, so fraud being a crime they could charge you at any stage.

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  #35 (permalink)  
Old 06-27-2014, 07:52 AM
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I figured as much, aussiesteve, just figured at worst it'd be five years. I'm glad they can be charged any time. That's awesome.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
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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.

  #36 (permalink)  
Old 06-27-2014, 08:59 AM
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Originally Posted by maggie-may24 View Post
I don't think changing the 2-year review to 5 years is going to fix it, and as CG said, it could mean having to leave after being here 6+ years (or more if they've applied from a couple of WHVs or other visas).

To better weed out the scammers, I think they'd need to make much more rigid criteria. It would need to be absolutely mandatory that you've lived together for 12 months for a de facto visa. So if you've managed to paste together 12 months through 4 or 5 visitor visas, too bad. If you've lived together for 6 months but were lucky to live in NSW so you could register your relationship, too bad. No more joint gym memberships or receipts that you bought a sofa together to prove your relationship, it would need to be 12 months of joint bank accounts and credit cards or you don't pass the line.

The unfortunate truth is that there will always be ways for scammers to work the system to their advantage. There should be stiffer penalties and better monitoring to quickly deal with fraudulent claims and dobbed in cheaters.
Yep, strengthening the criteria will be the first step I reckon. It already looks like they're unofficially doing this by scrutinising applications in more depth (as they should IMO). Partner visas have regulations that place a lot of discretionary power in the hands of the case officers, so realistically the stringency of the process can increase somewhat without any law change taking place.

I do think the next change will be getting rid of the 12 month relationship waiver for registered couples, the common scenario of "My WHV is coming to an end but I met this Aussie girl 5 months ago and we're in love so I'm going to register and apply for a partner visa" is damaging. Problem is if you waive for married couples but don't waive for registered couples it can be seen as discriminating against same-sex relationships or non-religious applicants.

If you get the chance have a real good look through the policy behind partner visas. Tough to find a balance between stopping fraudulent applications while making things less stressful for genuine applicants.

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  #37 (permalink)  
Old 06-27-2014, 09:17 AM
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Funny you mentioned discrimination Adam. Aren't they already discriminating with the registering of the relationships where some states can't do it or have a tougher process than others?

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  #38 (permalink)  
Old 06-27-2014, 09:29 AM
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Funny You mention that CG, it was an expected out come from 2 of the reviews into processing.

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  #39 (permalink)  
Old 06-27-2014, 12:06 PM
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Originally Posted by Mish View Post
Funny you mentioned discrimination Adam. Aren't they already discriminating with the registering of the relationships where some states can't do it or have a tougher process than others?
Discrimination against someone because they happen to live in a certain state isn't so bad compared to discrimination against a whole group of people regardless of where they live.

From the federal government's perspective they'd probably say it's up to the state government to determine the registration criteria.

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  #40 (permalink)  
Old 06-28-2014, 12:13 AM
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Originally Posted by ampk View Post
Call it a coincidence, my fiancÚ just got called from Embassy.
Asked for 2 scan copys of docs we already sent, they don't even want translations (birth certs and divorce papers). And her ex-husband signature not match passport on permission letter (but does on form 1229).

Then a few questions about me, they said they know of me. Then asked here why I left country recently.

Coincidently no reply from Senator's staff member Je today, she always has in passed replied within 24 hrs, even when not at work.
WOW!!! Congrats ampk!

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