Breathe

Cheers for your reply but I don't think our opinions are in conflict? I also suggested two which is the official bank statement option. Highlighting by hand was in reference to using a pdf editor or highlighting relevant transactions by hand.

Hi Maria divina, First off, I'm sorry to hear that after two unsuccessful attempts to lodge your partner visa application and several years of marriage and visa and legal costs you have not been successful. I can appreciate this is a very frustrating and distressing situation to be in. Although I have not read your previous attachment which was appropriately removed for your privacy, I can appreciate that your faith in the system will be pretty broken. Best of luck with your AAT appeal, we are following the same route in the case of my partner and I. Luckily we didn't spend as much as you seemed to have on an otherwise reputable sounding lawyer, however we also felt it would have been helpful if our lawyer had prepped us for interview so we were not taken by surprise. Having read our own refusal letter I can appreciate some things may feel racist, sexist, easily refuted or decontextualised in an overall refusal letter when that may not reflect the actuality of the situation or legal rights. Having googled Schedule 3 Criteria that others have mentioned, it seems that the applicant's legal status whilst in Australia would have been a source of suspicion and complication from an immigration point of view. It may not mean anything to you both as a married couple, but with the Department's role to assess the genuineness of cases and intentions of applicants this would not only affect that application but any future visa applications as well. They would have evidence from all applications you make as well to base a decision on, and if there is any criminal record or any other character issues in addition to your partner's inadequate visa status while in Australia this would be another hurdle to pass. I understand some people are successful after reapplying but not everyone, as has unfortunately been your case. With two visa refusals your case is now likely to be much more complicated, and judging by the comments of other posters who have read into your circumstances there may be reasons why you hired a seemingly reputable lawyer with additional specialist accreditation in immigration from what I can see on the website which suggests you did your research. However, unfortunately, even with the best of lawyers, we are not always successful. Upon receiving our refusal, I have informed myself a lot more about what to expect, having said that I am in no way fit to providing you legal advice on such an important and complex matter. You may have lost faith in the most highly proclaimed specialised lawyers but as was our experience, sometimes these things happen, and if your relationship is strong enough, you will bounce back and find a way through. Having spoken to several lawyers and migration agents, my understanding is that for an appeal, of which about 50% are successful, in the complex and politicised area of migration law, even if AAT is not a court and so you don't technically need a lawyer, it is highly advisable to do so as Tribunal members are not obliged to do your research for you, it depends on the quality of the presented case. It has been suggested to me that the original refusal will be assumed to be correct, unless you sufficiently prove otherwise. You might not think you can afford a lawyer right now, but this may be the best opportunity you have to overcome the weight of evidence against your relationship so it is really, really ideal to have a reliable and reputable lawyer help you through this. No lawyer can guarantee success, but some are certainly better than others. You may need to get a loan from friends or family for the appeal if you can't afford to hire a good lawyer, but it is probably advisable to hire a good lawyer all the same, to maximise your chances of framing your application correctly and seeking to undo mistakes of the past. When we were looking into specialist lawyers, although I believe our circumstances would be different, you would probably be looking at anywhere between $4000 - $10 000. At the very least you can look into free or cheap consultations to explore different opinions on your case. We have personally switched lawyers as well after receiving recommendations from trusted professionals with migration experience into certain accredited specialists especially (different to the one you named) for AAT and went to several consultations until we found the one we liked best - you can ask them why they think your application was unsuccessful and how they would plan to run your case and ask any other questions to get an idea. In something as important as your married relationship, I feel that having the best support and foundation is ideal, even if you increase your own critical lens on how you want to handle things and even if you have felt frustrated and cheated by the system so far. I wish you all the best.

Hey I hope this has been resolved by now but I think 2. seems most logical to me, you could also highlight by hand.

Hey Alice123456, It sounds like you're really feeling the tension of the visa process, I'm sorry to hear how different your experience has been to your expectations and best efforts to accelerate the reunion between you and your partner. Thank you for hanging in there and doing challenging care work when your heart also seems to be with your partner. I would say from some people's point of view, you would be considered fortunate that your partner is from a country not identified as high risk, which reduces some of the barriers and makes him less likely to be seen as getting immigrant stigma so not to worry about the election results. Your local MP being willing to help is a good sign too. You've pulled through this far, hang in there <3 I know you say it's not possible to go overseas due to family commitments, but could you maybe visit for a short break of 1.5 - 2 weeks or could Ben get a visit visa here? Could someone arrange respite for your dad or if you have other siblings or a reliable cousin even help out for a bit with your mum and dad so that you can get a break and feel refreshed and reminded of why you're tackling this journey, at the same time as strengthening your application? Self care is at least as important as care for others, and not too selfish at all <3 It sounds like you're in capable hands with the agent support, and although it can be a financially taxing process I'm glad we can afford to go through it. I have come across people who can't afford to sponsor family due to visa costs and I feel we are in an infinitely more fortunate situation as a result! And if you review other forums, people are still getting visas even after the election, sometimes when they were on the verge of giving up too so you're not alone, and this is going somewhere. It's great to hear you are getting follow up from your case officer, even if you find it frustrating, it seems to be heading in a good direction. You can do this. When I got a visa refusal for my partner (in all fairness there was a complication in our case but we disagree with the conclusion), it was quite devastating, especially after such an anxious wait beforehand. I was pretty wracked with anxiety in the lead up to that and over the whole process, in hindsight I would have tried to ensure my partner and I were a little more equipped so that we didn't make a foreseeable mistake at interview. After that point of getting a refusal I felt that at least being in a visa processing queue is a better position, to be in a timeline system. However, it taught me that even in what feels like a limbo situation, life goes on. The fact that you and your partner are committed to see this process through is a sign you can handle this. People's lives are unpredictable, even with the best of plans we can't always anticipate the good and bad that lies ahead. If your love and commitment is strong as it seems to be, you will survive this, and your relationship will be stronger for it. We live in a globalised world, a long distance relationship is equally valid as any other relationship. There is ease knowing this is just for the short term, not forever. This might be the toughest thing you've had to do in your life so far, but though I don't know you personally from how you describe your selflessness with your family and pragmatic decision making in your efforts to streamline the visa process, you are 100% tougher and wiser for it <3 It seems that visa processing times are getting longer and longer, but you are still within anticipated guidelines, so hold faith because the end is still in sight. I hope you and your partner are permanently reunited soon with your partner's visa grant. And for myself, we are preparing for an appeal which we have no idea when it will be as yet (with longer average times than visa processing so deja vu/ round 2) yet somehow I am a little more at ease, acknowledging that so much of our lives is outside of our control, but that can be a source of blessing along the way too. My partner and I have found that through uncertainty and the distress of this process, we have had to become better communicators, more empathetic, more patient and compare ourselves less to the people around us, which has ultimately improved our quality of life, even if we miss each other deeply. Hugs in long distance feel so much more uplifting and powerful, there is so much that becomes old for others that feels fresh again for us when we meet again. And no matter how our journey looks, we'll know we'll be reunited when the time is right and best for us, In sha Allah khairan (God Almighty willing). As much as possible, I find it helps to match up your routines, even if you're in different timezones etc, such as a regular time to Skype/ WhatsApp/Viber if you don't already, maybe sometimes sharing meals over the net or watching a movie in different places together or things that give you a sense of normality in what otherwise feels like chaos. And I find even as it can get excruciatingly painful, at some point your body learns to adapt to help you cope, and things get easier, even if it doesn't feel like that right now. You have survived the toughest tests you have ever faced, and you will survive this too. Your anchor is the certainty of your love and commitment, everything else will fall into place at the right time for you both, regardless of the timelines of others. You've got this <3

I don't think it's anything to worry about, it's within processing timelines - they may or may not decide to interview you. In sha Allah you are granted soon. Sorry not sure about passports but I don't think you need to update passport. It is probably fine not to update ID as well but my understanding is that it is better to do so. Processing times can be unpredictable in general, In sha Allah either way it won't cause further delay. All the best, Excellent reminders, I dug up the post I think you are referring to as the first comment in this reply for convenience as well. Thanks for your efforts.

Try and visit each other a few times a year. Then they can focus on total time you have spent together rather than initial time after marriage. Could be visiting each other's home countries or going travelling together. In sha Allah you will be successful.

Updating is better regardless of name change or not and your husband's name will be added to your card. You may be asked to before getting your visa as I know someone where they were asked to do this after interview before visa was granted. When I updated mine after rukhsati I changed my permanent Pakistani address (for nicop) to in law's home.

Respectfully, I would say having nikkah only does NOT help you get a "visa more easily and quickly". Although there was a complication in our case which probably made the case officer suspicious/ not on our side, the main argument they had was we did not have a rukhsati yet/ did not have a rukhsati planned soon and thus our relationship was only for a visa at interview (which was confirmed through FOI docs). They also stated other concerns, such as the applicant having an extended period of unemployment (despite me having a stable job) as evidence against financial aspects of relationship and lack of statements from family in the applicant's country of origin in addition to our 888 statements but neither of these latter two reasons I understand would be sufficient reasons to refuse in themselves (and were not mentioned as reasons in FOI). From an Australian immigration point of view, the most complete visa application is where there are no rituals or traditions left for a couple to be seen as fully married in their community, so it is better from an immigration point of view to have rukhsati and to live together even if it's only for a few weeks at a time when you travel to see each other. People can get a visa with nikkah only and I think they only nitpick as much when they are suspicious (rightly or wrongly) or there is a complication, but still definitely would not say nikkah only means getting visa more easily from my own experience. If they are suspicious they may delay processing the application until an issue arises, but if there is no issue even if it takes years you will be granted it. I think this link gives a handy overview of some of the main reasons for refusal which Hawar19Jan has provided some subreasons. Another one leading to conclusion relationship is not genuine is if the case officer suspects it is a forced marriage and a female sponsor has been obliged by her family to sponsor someone. https://onederland.com.au/why-australian-partner-visa-may-get-refused-or-denied/ Things I would do in hindsight: prep for interview, assume case officer doesn't want to give you a visa unless you prove 100% your case is genuine (rather than being even 99% sure or the reasonable conclusion), ensure consistency in documentation and interview, mindfulness in how everything is framed with a positive focus on a thriving, ongoing relationship, stay patient. At the same time, I can definitely say my relationship with my partner has improved probably due to rather than in spite of the refusal, by showing us how our strength and commitment is demonstrated in tough times, and has forced us to manage stress better. So even in the worst case short term situation, there can be more good than harm in it. I also know many couples who have successfully appealed or reapplied and stayed together. All the best to everyone

Congratulations!

Hi Usman, Thanks for your condolences. Yes I agree with that it can be frustrating and I did not realise that was possible otherwise we would have arranged rukhsati before the interview/ changed our approach. I guess sometimes you learn the hard way but In sha Allah it will be worth it in the end. I also know many people have not had an issue with not having rukhsati but since it depends on the visa officer and there is either a lot of cynicism or pressure on case officers not to accept every case, I think it is better not to take the risk if you can help it, even if you have to return to Australia for work in between trips. Yes we provided chat/phone history. I also visited my husband in between but they did not weight it as being a married couple as we had not "consummated" our relationship and did not live in the same room (not that they'd ever know if you did or not even if you live together surely but yeah). Timewise I think you are in a much better position though in terms of time you have known each other - we had been together for four months only when we lodged the application and only knew each other for a few months more than that before deciding to get married. I did not mean for my post to cause distress or alarm, just something that I wish I had known earlier. Thanks AZS, In sha Allah it will all work out in the end. In all fairness it has helped strengthen us and our relationship in some ways. We did not mention it in the application but it came up in interviews - to be honest I was nervous and not prepared for the interview (something I would change in hindsight). I did not think rukhsati was relevant since we had the marriage certificate and were religiously married but that ended up being stated as a significant reason (even if that doesn't become an issue for everyone). In legal advice we sought to begin our appeal a common trend was to say when you apply for a partner visa they are looking for final stage relationships, not just marriages - there should be no conditions or steps left and you are continuing acting upon your marriage like an ordinary couple even if it's a stressful time to wait or temporarily living in different countries. In sha Allah you are all successful in the shortest time possible and with the least distress.

Hi Usman, We recently had our 309 application refused - we had a marriage certificate and nikkah but no rukhsati. They cited lack of rukhsati as a significant factor for being technically married but not genuinely married. On the other hand my husband's brother and sister-in-law had arranged rukhsati before the interview call and were successful. I know a few people have had nikkah only and were successful but I think the safest option is to arrange rukhsati first as I have now heard some other cases where a lack of living together was a basis for refusal. It definitely seems a little simpler than us now waiting a year or more for an appeal. All the best with it.