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in search of your opinion...

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Old 04-13-2011, 02:12 AM
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in search of your opinion...

Hello everyone,

My application for a spouse visa has been refused.It took a week of moping around and wallowing in depression but I have to spring back to action and is looking at this event as a temporary setback that can't be overcome.

We are exploring 2 options here, one which is the appeal and another wait for the finality of the nullification of my marriage and a wedding to my partner and then lodge a new application maybe in 7-8 months' time.

The reason by the delegate was that we dont have a commitment to a shared life in exclusion of others so an immigration lawyer in Oz advised us to get ahead with the dissolution of my marriage while the appeal is going on.

I am of the mind that maybe, our chances are much better if we wait for all the processes to be finished and start on a clean slate, not anymore on the merit of de facto but as married spouse.However, I have read decisions of the MRT and posts of forumers that though married, there should be at least 6 months minimum of living together which we couldn't do because of my partner's work commitments.He could only be with me for a some weeks or so.I am thinking maybe they will overlook it having been in a long standing relationship with my partner.We have lived together for more than 3 years.

Then again, there are complications

1. Could we lodge a new application and this time leaving out my children as the circumstances have changed.At the moment spouse wont entrust to me the custody of the children.

2.If we pursue the appeal, could we inform the tribunal of a change of circumstance i.e I have problems with custody of children.

Which was should we go?Appeal with Nullification of marriage and a wedding while in process or start anew with anew application or file a new application when everything is ready?

We only have a month left before we lodge for the appeal .We are exhausting our resources, asking people around so I am asking you guys who may have gone through the same experience to please give us your inputs.It will be greatly appreciated.

Last edited by weng; 04-13-2011 at 02:45 AM.

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