OMG! Visa possibly being refused!

[Bexta]

We had very bad news yesterday after my OH had his interview with our Case Officer for our De Facto Visa application... we thought everything was going so well too as we only applied last Friday, got a C/O Tuesday and interview held on Wednesday! But then...

Out c/o has said she doesn't believe we have been living together for 12 months and now we need to find "compassionate and compelling reasons" why they shoudl waive the 12 month criteris for us!

Our brief history is we moved in together beginning of August 07, my OH had to come back to UK beginning of Oct as his Visa ran out, I had to stay in Oz due to work committments and a wedding but flew out beginning of Jan 08 and we have continued living together ever since. The thing is we queried this with a couple of agents we initially spoke to (tho we submitted it ourselves) and they said it shouldn't be an issue. as we had livied together for 12 months or more and the break was only temporary.

Further to that I checked immi.gov.au and it stated on there:
"My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?
You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life. In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account."

So we though we would be OK!!!! Our c/o was really unfriendly and quite accusatory to my OH actually and she has said unless we provide this other evidence she cannot issue the Visa now and we would have to wait until Jan 09 and then do it all again! The thought of having to do that is just so completely devastating and we are both so homesick and miserable living here we just want to get back to Oz ASAP...

I'm getting a letter from my old work stating that I needed to give at leats 4 weeks notice before I left and have asked my friend whose wedding it was to write an email stating that she had me heavily involved in the wedding and she asked me to stay for it... but other than that we don't know what evidence we can possible provide that would help sway our c/o to approve the visa now.

Any ideas please??!! And does anyone know, if the Visa is denied now (sob!), do we need to start from scratch again in Jan or can we submit the same paperwork etc?

*A very miserable* bexta...

[tony and sheena]

Oh Bexta,

I don't know anything about this type of visa, but just wanted to wish you luck and hopefully someone who can help will come along soon.

Best wishes
Sheena

[ChaznDrew]

HI Bexta

My partner has just been issued a Defacto Visa but our was pretty straight forward as we have been together for nearly 2 years.

Ummmm is there anything with both ur names on from the start of the relationship?? Photo's?? Any other people that can declare u are a legit couple ??? Have u go any phone itineraries from the time u were apart?? Anything u have bought together??

I will think of more ??? Ur situation is tricky

[Bexta]

Hi ChaznDrew,
We honestly thought ours was quite simple too, considering the information we had to hand! We put LOADS of info into our initial application. Joint home insurance from our place in Oz, the rental agreement, several different bills, those most of those were in individual names, but at the same address. Our c/o said we had a strong case if we were to apply again in Jan, but its just going to be so much more work, especially when we applied on the advice of agents and using the information the Oz Gov gave us themselves!
We gave 5 different stat decs from friends and fam, travel itineraries, photos loads to show we were a genuine and loving couple, but it feels like the c/o has stuck to this one little fact and will not budge from her view on it, even though all the other evidence we submitted shows we are real and continuing... ugh, its so frustrating!
Thanks so much for your advice though, I am very glad for you that yours was so simple!

[ChaznDrew]

I hope the information u supply from Australia off ur friend and work will be enough to get u guys over the line. We had huge dramas with our Agent they were so hopeless but there was a light at the end of the tunnel and we hope the same for u guys!!

Keep me informed and if i think of anything else i will let you know

[Bexta]

Thanks... that's exactly what I hope too!
God knows what we'll do if it's not approved. Its all just so stressful! I don't know how the people on here who have to wait a year or more for their Visa do it!

[Lanky Lad]

Originally Posted by Bexta

[B]"My job in Australia does not allow me to travel to my partner's country to live there for extended periods.

Hi,
I only know our daughter and partner had to go through this - but luckily with a 5 year history!!

Just wondered if the country/nationality of you partner may have any bearing on the "lattitude" availble in "compassionate reasons".

On the otherhand, me and OH have been on the visa trail for nearly 3.5 years - 2 waiting to qualify and 15 months so far and a month to go before we get it in the passports..... waiting till January 09, is not a long time to wait. ( ooopss that sound really negative to you I guess!)

Dont suppose she can come to you on a tourist visa to add the missing time!!

Chin up


L.L.

[Bexta]

Hi LL,
I think maybe I might have confused you- the text you got from my original post was a FAQ I got off the immi.gov.au website and while our own reasons for being apart was not quite exactly the same, we figured the premise was as it was work/travel committments keeping me in Oz... sigh.

Thanks for you advice anyway and yes, you're absolutely right, I probably have no right to complain about waiting around until January as most people on here have to wait months if not years, but I am an Aussie and I know how much better life is over there... it just depresses me, and my OH to think that we might fail on a technicality.

It also makes me wonder if the c/o you are assigned has any bearing on stuff like this? I mean maybe our c/o was in a bad mood the morning she read our application? I certainly hope nothing like that bears any influence on whether or not Visa's are approved, but as we feel the issue she has picked us up on is such a minor one, we can't help but wonder a little?
Oh well, cest la vie, right?

[ChaznDrew]

How long has the CO given u to produce the evidence? It may be a case where u have to wait for January is it worth being rejected or just holding off for a few more months???

I know u would be anxious to get home I am to but would u have to pay the visa fees again??

[Ms_Fi]

Have you checked with your CO what will happen if you're refused your visa? Would you be able to apply again in Jan or would you have to wait a set period of time before you reapply?