Defacto student visa rejected

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  • 1 Post By Maggie-May24

Defacto student visa rejected


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  #1 (permalink)  
Old 11-28-2014, 03:13 AM
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Exclamation Defacto student visa rejected

Hello everyone !

I'm writing this because I would like to know if anyone of you knows what would be my options regarding my situation.
I came to Australia with my partner the 18 august 2013 with a WHV, my partner holds a student visa. Before my visa expired, I applied onshore for the student defacto visa, I was granted a bridging visa. Yesterday the decision has been made from the immigration officer... My application has been rejected !
The reason why is it rejected is because I am not referred as a "de facto" on his original student visa application. We have been together for more than 2 years and we provided all the proves as :
_ common bank account
_ renting contract
_ pictures etc...

I have now 28 days to make a decision.

I'm wondering if i can apply again for this visa ? If i apply for a tourist visa in order to stay in Australia will it be granted ?

Thank you so much for reading this... does anyone can help ?


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Old 11-28-2014, 03:42 AM
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Quote:
Originally Posted by australiavisas View Post
Hello everyone !

I'm writing this because I would like to know if anyone of you knows what would be my options regarding my situation.
I came to Australia with my partner the 18 august 2013 with a WHV, my partner holds a student visa. Before my visa expired, I applied onshore for the student defacto visa, I was granted a bridging visa. Yesterday the decision has been made from the immigration officer... My application has been rejected !
The reason why is it rejected is because I am not referred as a "de facto" on his original student visa application. We have been together for more than 2 years and we provided all the proves as :
_ common bank account
_ renting contract
_ pictures etc...

I have now 28 days to make a decision.

I'm wondering if i can apply again for this visa ? If i apply for a tourist visa in order to stay in Australia will it be granted ?

Thank you so much for reading this... does anyone can help ?
Sorry about your situation but we need more clarification here . you said you came to Australia on a WHV with your partner and your partner has a student visa . So whos the Australian resident here ? If none of you have residency then you don't qualify for the de factor visa . we need to hear more here

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Old 11-28-2014, 03:50 AM
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My partner is not an Australian permanent resident. He is studying in Australia. But the student visa is giving you the right to bring your partner in Australia.


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Old 11-28-2014, 04:24 AM
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Quote:
Originally Posted by australiavisas View Post
My partner is not an Australian permanent resident. He is studying in Australia. But the student visa is giving you the right to bring your partner in Australia.
That is correct, a person on a student visa can have a partner come with them. Your problem is that when he applied for the visa he failed to nominate you, if he had then there would be no problem.
I suggest for a complicated case like this you consult a Registered Migration Agent.

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Old 11-28-2014, 04:25 AM
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Which student visa does your partner hold? If it's a 573 visa, they must declare family members on their original visa application in order for that family member to join them in Australia.

From the DIBP website: "You must declare all family members on your application, even if they do not plan to travel with you to Australia. If you do not do this, your family members will not be eligible for the grant of student visas as your dependants to join you in Australia. An exception to this is if they became your family members after your student visa was granted and before a subsequent application is made."

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