MRT affirms decision not to grant partner residence visa

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MRT affirms decision not to grant partner residence visa


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Old 12-02-2014, 11:17 AM
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MRT affirms decision not to grant partner residence visa

hi all,
i am asking on behalf of my girlfriend. Her "partner residence class BS visa" is rejected by the MRT tribunal. Her case is genuine.. but the tribunal finalised that her sponsor and her is a fake marriage..
it was because her sponsor went overseas for 10 mths and they got into an argument, lost contact.. she moved out.. and also when the sponsor was coming back thru the customs, he wrote his natural son as the next of kin.. and not her, but that was because my gf english was not good.. and their bank accounts were joint initially but became independent cos they were fighting.. , blar blar blar... anyway the tribunal affirms the decision not to grant her the Partner PR...

so what next? she really have to go? i don't really want her to go.. she is my best friend here.. she also have a son age 14 yrs from previous marriage here in sydney... If she go, her son have to go too?

can she appeal? any chances? any methods that can help her extend her stay here legally? any good lawyers to recommend?


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Old 12-02-2014, 07:55 PM
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Quote:
Originally Posted by notformetoo View Post
hi all,
i am asking on behalf of my girlfriend. Her "partner residence class BS visa" is rejected by the MRT tribunal. Her case is genuine.. but the tribunal finalised that her sponsor and her is a fake marriage..
it was because her sponsor went overseas for 10 mths and they got into an argument, lost contact.. she moved out.. and also when the sponsor was coming back thru the customs, he wrote his natural son as the next of kin.. and not her, but that was because my gf english was not good.. and their bank accounts were joint initially but became independent cos they were fighting.. , blar blar blar... anyway the tribunal affirms the decision not to grant her the Partner PR...

so what next? she really have to go? i don't really want her to go.. she is my best friend here.. she also have a son age 14 yrs from previous marriage here in sydney... If she go, her son have to go too?

can she appeal? any chances? any methods that can help her extend her stay here legally? any good lawyers to recommend?
Hi
She could try appealing to the Minister,but these are rarely successful.She would best to consult a Registered Migration Agent rather than a lawyer as they are more familiar with the migration laws, and may be able to explore if she is eligible to apply for a different type of visa. Unless she is successful in applying for another type of visa she and her son will have to leave.

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Old 12-02-2014, 10:01 PM
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Hi She could try appealing to the Minister,but these are rarely successful.She would best to consult a Registered Migration Agent rather than a lawyer as they are more familiar with the migration laws, and may be able to explore if she is eligible to apply for a different type of visa. Unless she is successful in applying for another type of visa she and her son will have to leave.
I am also got refuse de factor onshore . I just want to ask how long does it takes to the decision of review ? I know I will not win
I just want to buy time living with my husband .
As I am now on BvE with fully permission to work. As I read online I still in the same visa until the final division of Rmt . Is it correct ?
After Rmt , what should I review next ?
All together how long the it take for decision ?


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Old 12-02-2014, 10:45 PM
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Quote:
Originally Posted by notformetoo View Post
hi all,
i am asking on behalf of my girlfriend. Her "partner residence class BS visa" is rejected by the MRT tribunal. Her case is genuine.. but the tribunal finalised that her sponsor and her is a fake marriage..
it was because her sponsor went overseas for 10 mths and they got into an argument, lost contact.. she moved out.. and also when the sponsor was coming back thru the customs, he wrote his natural son as the next of kin.. and not her, but that was because my gf english was not good.. and their bank accounts were joint initially but became independent cos they were fighting.. , blar blar blar... anyway the tribunal affirms the decision not to grant her the Partner PR...

so what next? she really have to go? i don't really want her to go.. she is my best friend here.. she also have a son age 14 yrs from previous marriage here in sydney... If she go, her son have to go too?

can she appeal? any chances? any methods that can help her extend her stay here legally? any good lawyers to recommend?
She can always apply for ministerial intervention, but imo the chance will be slim. I mean, the partner visa is for a partner whos together.


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Old 12-02-2014, 10:46 PM
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Originally Posted by rose mary View Post
I am also got refuse de factor onshore . I just want to ask how long does it takes to the decision of review ? I know I will not win
I just want to buy time living with my husband .
As I am now on BvE with fully permission to work. As I read online I still in the same visa until the final division of Rmt . Is it correct ?
After Rmt , what should I review next ?
All together how long the it take for decision ?
rose mary Im sorry to hear that, but did they give you any reason of the refusal ? From your previous post, I genuinely think you will have a chance at MRT! Dont give up just yet and good luck!


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Old 12-02-2014, 10:59 PM
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Rose Mary if you go to the MRT website you can find the approx processing times for different types of visas. You can see currently the average for a partner visa MRT is 396 days from lodgement. We have been waiting 456 days so far and our case has still not been heard. Why do you think you will not win? Do you have a good agent? I'm not sure about the work rights but I would say they would stay the same until your MRT is finalised.. Someone will correct me if I am wrong

To the original poster I'm kind of confused by your post. If your friends sponsor went overseas for 10 months and they had an argument and lost contact it sounds as if their relationship has broken down. If they have reconciled then probably her only choice is an offshore partner visa now. But they would need a very good agent for the new visa as I'm sure they would look very closely at the relationship after the MRT was refused and they seemed to have split up??

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Old 12-02-2014, 11:43 PM
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Originally Posted by rani View Post
Rose Mary if you go to the MRT website you can find the approx processing times for different types of visas. You can see currently the average for a partner visa MRT is 396 days from lodgement. We have been waiting 456 days so far and our case has still not been heard. Why do you think you will not win? Do you have a good agent? I'm not sure about the work rights but I would say they would stay the same until your MRT is finalised.. Someone will correct me if I am wrong To the original poster I'm kind of confused by your post. If your friends sponsor went overseas for 10 months and they had an argument and lost contact it sounds as if their relationship has broken down. If they have reconciled then probably her only choice is an offshore partner visa now. But they would need a very good agent for the new visa as I'm sure they would look very closely at the relationship after the MRT was refused and they seemed to have split up??
Hello rani
I lodged partner visa on 6/12/2013. At that time I did not marry and my agent lodge my visa told me he lodged base on intend to get marry . According to the law in Australia intend to get married doesn't apply on onshore partner . It is only apply for offshore . Then immigration send me a letter asking me to provide evidence of 12months relationship prior the date I lodge . I did live with my husband more than 12months before the lodgement but I didn't change address at that time as my brother still live in my previous address.
My evidence is not satisfy the co that y my partner visa refuse.
I did marry but after I lodge a visa .
M so said now , I have to go n apply offshore . My relationship is genuine just not the write time to lodge application.
I am very difficult, I just want to buy time staying with my husband helping him to pay the bill.
We did join everything but the date is not 12months prior the days v lodge.i just start a new job more than $1000 a week after tax , so I want to lodge review to buy a time to stay with my husband n help him to pay the bill n save some money to apply offshore .
We are so hard, we have homeloan n dog .my husband want to sell everything n go to live in Cambodia with me, he said maybe australia is not a place for us . We both crying as we love each other so much, he is so hard without me as homeloan and bill.


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Old 12-03-2014, 12:00 AM
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Some general observations:

If you apply for MRT to buy yourself some time, be warned that applications that have little or no merit may be dealt with quickly.

After an onshore partner visa refusal, there are usually very few options to make another application onshore.

Ministerial Interventions only have a chance of success where you can demonstrate strong compelling circumstances. In my experience you also require strong community support and the support of your local MP to have any chance of a positive outcome.

In all cases, if the relationship is genuine and ongoing,it is good idea to prepare a plan B, i.e. applying for a new partner visa offshore.

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Old 12-03-2014, 01:30 AM
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Originally Posted by CCMS View Post
Some general observations: If you apply for MRT to buy yourself some time, be warned that applications that have little or no merit may be dealt with quickly. After an onshore partner visa refusal, there are usually very few options to make another application onshore. Ministerial Interventions only have a chance of success where you can demonstrate strong compelling circumstances. In my experience you also require strong community support and the support of your local MP to have any chance of a positive outcome. In all cases, if the relationship is genuine and ongoing,it is good idea to prepare a plan B, i.e. applying for a new partner visa offshore.
They refuse my visa because of the date . They said I lodge application is not the right time to lodge . My relationship is genuine and they accept that .

Tell u about my story , I lodged partner visa in December last year base on intend to get marry which my immigration agent advice me but actually intend to get married can't lodge onshore , it can lodge only offshore only So
To lodge partner visa onshore
U must married or 12 months relationship .
Because the time I lodge I was not marry so co need me to provide 12 months relationship what I never think I should provide b4. Because when I first move in to live with my husband, I don't change the address that y I can not show them 12 months relationship so my visa refuse.
I did live with my husband , all people know that .
I lodged my application on December 2013 n marry January 2014 . If I lodge on feb 2014, I don't have any problem . Everything because of the date of application .

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Old 12-03-2014, 02:57 AM
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Rose Mary don't give up then, find yourself a good agent and gather as much evidence as possible. You can get people to make statements supporting your claim of living together for the 12 months previous to the application. Did you have your name on anything at the address you lived with your husband for those 12 months? In difficult circumstances you need and experienced agent. There are several good agents on this forum Mark Northam being one of them. Don't just let this time lapse and create more problems for you in your future visa application.

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