Previous Defacto refusal - restrictions on 2nd Partner visa application?

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Previous Defacto refusal - restrictions on 2nd Partner visa application?


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Old 11-24-2014, 12:23 PM
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Previous Defacto refusal - restrictions on 2nd Partner visa application?

Hi,

I'm new to this forum, but the posts on this site have been so helpful in terms of answering a lot of queries relating to the process.

A little bit of background - I am English and my partner is Australian and we met in 2009 when I was on a working holiday visa. We applied for a defacto visa but this was refused in April 2012 as we couldnt provide enough evidence to support the 12 month requirement (his name was on all bills).

We are now married (14th Aug 2014) and collating info to apply for the offshore partner visa (this time as a married couple). Has anyone else been in the same situation and will there be any restrictions in our case as we were refused this visa before?


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Old 11-24-2014, 08:07 PM
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Quote:
Originally Posted by mrsguvs View Post
Hi,

I'm new to this forum, but the posts on this site have been so helpful in terms of answering a lot of queries relating to the process.

A little bit of background - I am English and my partner is Australian and we met in 2009 when I was on a working holiday visa. We applied for a defacto visa but this was refused in April 2012 as we couldnt provide enough evidence to support the 12 month requirement (his name was on all bills).

We are now married (14th Aug 2014) and collating info to apply for the offshore partner visa (this time as a married couple). Has anyone else been in the same situation and will there be any restrictions in our case as we were refused this visa before?
Hey mrsguvs,

So sorry to hear about the rejection of your partner visa
I have been in a similar situation. I met my husband (Australian citizen) in 2011 while I was on my student visa (which was granted in November 2008) and applied for the onshore partner visa in December 2012.

We found out that the partner visa application had been rejected on the basis of "lack of evidence to prove the relationship is genuine" in April 2013 after we returned from our honeymoon- we were engaged when we applied for the visa and were preparing for our wedding in March 2013. We had plenty of evidence to prove we were together for 12 months and over at the time of application but was misguided by the immigration in terms of how and when we can provide the supporting documents.

I was advised to get offshore and apply for the offshore partner visa again. So my husband got offshore with me in May 2013. We applied for the second partner visa in July 2013 and it took us over 16 months to get the visa approved (after we had provided a decision ready file- along with medicals and PCC from both Australia and India). Our second application file was about 600 pages long with evidence dated back to before the first partner visa application was submitted.

I don't think there are any restrictions on applying for a second partner visa after one application has been refused unless there is a 3-year ban imposed on the application by the immigration. Just mentioning it because there was a case where the immigration took about 34 months to approve the partner visa because they had the 3-year ban (which I think is imposed when someone doesn't hold a substantive visa while being in Australia.) Seniors, please correct me if I'm wrong.

Hope this helps. Please do ask if you have questions I hope everything works out for you
Good Luck!!

Kind Regards,
Becky

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Old 11-24-2014, 08:20 PM
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It's likely DIBP will take a closer look at your application to make sure you now tick all the boxes as far as evidence is concerned, but there are no restrictions to applying again. Others have had similar situations (e.g. Becky26) and have had their second application approved.

Edit: Becky types more quickly than me

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Old 11-24-2014, 08:22 PM
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Since the OP is applying offshore like you did Becky, I think the ban doesn't apply.

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Old 11-24-2014, 08:24 PM
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Quote:
Originally Posted by mrsguvs View Post
Hi,

will there be any restrictions in our case as we were refused this visa before?
There are no restrictions because of the previous refusal and you will have a much stronger case this time. The fact that you previously applied, were refused, are still together and are applying again should work in your favour, if anything.

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Old 11-26-2014, 05:12 PM
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Hi all, many thanks for your advice. I've been in two minds as I think being rejected before my application and evidence will be scrutinised even more so but then again as we are still together following that first application I hope that will only work in our favour Well ive sent off the application to the London office this week.....so watch this space! Just hope it doesnt take the full 14 months that is currently being quoted on here- Hubby isnt happy spending yet another cold christmas here again!!


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