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declined Visa, Decision overturned, Permanent visa and compensation.


Keep me in oz

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I learned so much from peoples stories on this site, so here is mine which I hope you can learn from too!

 

In May 2014 I applied for an onshore partner visa, my partner and I had only been living together for 8 months but due to financial reasons preventing us from obtain a property together we figured we had a good enough reason for the Department to grant our visa.

 

In March 2015 this visa was declined. We immediately lodged an appeal with the Migration Review Tribunal and supplied further supporting evidence.

 

In June 2015 I found out, from this site or one similar, that I could also apply for an offshore visa whilst the decision was being made on my declined application. Although an expensive option, we chose to lodge this as it would save us the pain of selling up and departing Australia should the tribunal not work out in our favour. So in June i went overseas on holiday, after applying for a bridging visa allowing me to depart and return to oz and successfully applied for a 309 offshore visa.

 

I immediately received an email asking me to provide scans of my fingerprints for identifying purposes. After asking my migration agent, checking the information on the Department's website and even asking an Australian immigration officer at the airport, I returned to Perth with the intention of providing my fingerprints in my local immigration office.

 

On Monday morning I called the Department to book an appointment in order to provide my fingerprints. To my absolute shock and horror they informed me that I was required to provide this information offshore. I explained to them that I had already returned to Perth and was told my application would never be processed unless I flew offshore again to provide my fingerprints (keep reading it gets better).

 

So bearing in mind I only had permission to leave and return to Australia for the next 7 days, the validity of my bridging visa, I immediately flew back offshore to provide my fingerprints. An expensive trip I could have done without. I provided the Department with my fingerprints and was advised my application would now be processed.

 

Still in June 2015 I returned to Perth to await my application to be process and for a hearing with the MRT.

 

Meanwhile, I lodged a formal complaint with the Department and subsequently the Commonwealth Ombudsman about the lack of information provided in the Departments request for my fingerprints... I was like cmon guys if you had written the words 'this must be done offshore' it would have been as clear as day that I needed to provided them whilst overseas!

 

After a couple of months of waiting I finally got a response from them... so it turns out I could have had my fingerprints could have been provided in Perth and they sent me back overseas incorrectly... can you even imagine my emotions when receiving that email??!?! They did apologise though! Pfffft!

 

Anyways on to the compensation claim, so as a result of incorrect information which directly casued me to be at a financial loss, I lodged a compensation claim though the CDDA scheme.

 

In Feb 2016 I was contacted by the Department of immigration in London about my 309 offshore visa, It was ready to be granted but as its an offshore visa I had to go overseas in order to allow this. In March 2016 I travelled overseas again and was granted my 309 Visa.

 

Also in March 2016 I was given $1900 in compensation by the Department for the incorrect advice on my fingerprints. At least they paid for my airfare, accommodation, and taxis hey! Oh and my leave from work!

 

On March the 15 I heard from the Tribunal, they had decided to overturn the decision on my onshore application. Thank you MRT!

 

In May 2016 I was contacted by the Department of immigration asking me to provide new medicals and police clearances. I immediately advised them that I had current and valid ones on their systems as I did them all as part of my offshore visa application. After a few days of confusion on their part and some processing errors I was granted the 801 onshore permanent resident visa! This was all done slightly before the 2 years after my lodgement date too so that is a bonus!

 

Complicated I know but if any of you can learn from this or have any questions please feel free to ask away :)

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Exhausting just reading your saga. Well done for your persistence and perseverance.

 

 

ha ha ha, I know right! trying living through it, it sent my head in a downward spiral! worth it now though, my partner and I just bought a house and it looks like I might get made permanent at work :)

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Maggie was just saying that she has never come across it before, neither have I and I have spent a lot of time on immigration forums over the last six or seven years. Out of curiousity, what is is that is unusual about you such that they were required?

 

ah yea no worries, its a relatively new thing! Caught me out! its all about the country i submitted my application in. I an English but was in Malaysia.

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  • 2 weeks later...
ah yea no worries, its a relatively new thing! Caught me out! its all about the country i submitted my application in. I an English but was in Malaysia.

Never come across it either, maybe no one else has ever mentioned it. My OH was certainly never asked for prints, maybe cos it was easier just to tell us to sod off back to England!!!

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