catach Posted August 4, 2012 Share Posted August 4, 2012 Hi All My partner and my visa application was declined within a month of applying as we did not meet a part of the criteria. We are so very devastated at the moment as we have been in a relationship for over three years only being able to spend three months a year together due to work commitments and children and money etc. We have ample proof over our ongoing relationship and that really wasn't questioned. It now appears that we should have went for the prospective marriage visa as we are engaged, but wanted to settle first before deciding on a date etc. We have done the research on taking this to the tribunal and have found like cases of ours that have been turned over come tribunal time. Problem with tribunal is that the turn around is 18 to 24 months, time that we are not willing to wait. I have had advice from a registered migration agent and he thinks that my partner coming over to australia and getting married is the only way we will be able to be together, then applying for a bridging visa and then a marriage visa. There is of course problems with that as my partner will not be able to work during this time. Has anyone else taken this risk before as we would love to talk to you? Catach Link to comment Share on other sites More sharing options...
CNAImmigration Posted August 4, 2012 Share Posted August 4, 2012 If you are prepared to wait out the 6 to 9 month processing period for a Prospective Marriage visa, then this would be the ideal way forward, citing the previous error made in your 309/100. There are legal ramifications associated with attempting to enter Australia on a visitors permit if your intention is not to enter the country for visit or tourism purposes, only. Don't risk it, have it done right the first time! Link to comment Share on other sites More sharing options...
Rupert Posted August 4, 2012 Share Posted August 4, 2012 Why don't you apply for the PMV? You are right, your partner will not be able to work if you do the tourist visa / bridging visa thing. However if you get the PMV he will be able to work. I would forget about over-turning, you clearly did not meet the criteria, you were boyfriend / girlfriend not defacto. Link to comment Share on other sites More sharing options...
catach Posted August 4, 2012 Author Share Posted August 4, 2012 I guess that was our error - we were in engaged to be married - we got engaged when he come over at Christmas time. We wanted to wait to the visa was approved so we could organise our wedding while he was here. Am so devastated. I didn't feel comfortable about doing what the migrant agent suggested, it is the wrong thing to do and was surprised that they are allowed to advise that.. Ahhh I just want us to be together. So would we be able to apply for a PMV so soon after getting rejected? I thought maybe he could come over and we could get married, because we are going to anyway - then return home within the holiday visa time and then apply. I just am very unsure as to where to go from here. Link to comment Share on other sites More sharing options...
juliedec Posted August 4, 2012 Share Posted August 4, 2012 Im only a week away from my pmv....while it was a very long, painful wait, we preffered to do it the correct way....while I was in Australia, I did ask advice from a migrant agent, he suggested just getting married and a bridging visa at the cost of a lot of $$$$. It didnt sound or feel right as I was on a tourist Visa ....so I came back for the long wait ......Will be worth though I reckon .......Good Luck on what you decide to do ....x Link to comment Share on other sites More sharing options...
catach Posted August 4, 2012 Author Share Posted August 4, 2012 Thank you, we will do it the right way as the thought of doing the wrong way and not being able to be together is unthinkable. Link to comment Share on other sites More sharing options...
catach Posted August 4, 2012 Author Share Posted August 4, 2012 Also Juliedec did you have to prove joint living expenses for the PMV? Link to comment Share on other sites More sharing options...
Rupert Posted August 4, 2012 Share Posted August 4, 2012 Also Juliedec did you have to prove joint living expenses for the PMV? You only need to prove you have met for the PMV! Link to comment Share on other sites More sharing options...
catach Posted August 4, 2012 Author Share Posted August 4, 2012 Thanks Rupert, I wish I had found this place before we submitted. If I could kick myself I would....... Link to comment Share on other sites More sharing options...
wrussell Posted August 4, 2012 Share Posted August 4, 2012 You only need to prove you have met for the PMV! Don't bet on it. Link to comment Share on other sites More sharing options...
catach Posted August 4, 2012 Author Share Posted August 4, 2012 Don't bet on it. What has been your experience wrussell Link to comment Share on other sites More sharing options...
wrussell Posted August 4, 2012 Share Posted August 4, 2012 What has been your experience wrussell It can be noted that over the past year or two DIAC case officers handling prospective marriage visa applications have been requesting the level of information about relationships previously required for spouse visa applications. I prepare family visa applications as if I expect to have them refused and finish up having to win them in the tribunal. In 10 years I have had one family visa refused and I won that case in the tribunal. Link to comment Share on other sites More sharing options...
wrussell Posted August 4, 2012 Share Posted August 4, 2012 Thank you, we will do it the right way as the thought of doing the wrong way and not being able to be together is unthinkable. Doing it the 'right way' is not defined in the migration Act or the migration regulations. There is no fairness or reasonableness in migration law. A strategy is legal or it is not. The best you will get from the DIAC is the law, and not always that. Link to comment Share on other sites More sharing options...
Guest GoldCoastMag Posted August 5, 2012 Share Posted August 5, 2012 Knowing someone who has had to wait 2 years to go before the mrt (tribunal) and the stress and anxiety of it hanging over them, let alone the costs it seems making sure you get your next application meets the criteria and applying for a pmv makes more sense than trying to do an onshore and stressing while you wait, unable to work. I know being separated is difficult when all you want is to be together, but from experience can tell you it is just so worthwhile when everything is settled and your time apart is over. Link to comment Share on other sites More sharing options...
catach Posted August 14, 2012 Author Share Posted August 14, 2012 Hi We were declined as we did not satisfy sub regulation 309.211. We had many Western Union receipts showing money back and forth over the years, but that was not enough. I called the migration department here and they said that as we did not live together 12 months prior that they should not have accepted the application in the first instance. We also wrote that we did not wish to get married within the nine months as we wanted to take the time to plan it We had heaps of statutory declarations and they didn't even want to see our videos or photos and I believe they had already made the decision based on sub regulation 309.211. So I guess it is really your call, but having gone through what we did, I would not risk that again. I still find it hard to believe that you have to show less evidence for a PMV than a Defacto Visa. We are now going to apply for a PMV and this time I am going to ensure that I go through every single regulation and sub regulation and not just follow the checklists. Good luck and I hope that you are successful which ever way you decide to go. Catach Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted August 14, 2012 Share Posted August 14, 2012 A RMA advised on this forum a while ago that there is actually no need for a defacto couple to be living together for the 12months previous, just that they could provide evidence that they had been in a relationship for 12months. Could you advise if you don't believe that to be the case? This is correct...I'm sure Westly (User wrussel, who is a RMA) has mentioned this on previous threads also. If he reads this thread perhaps he could indicate if this is still the case? You need to have been in a defacto relationship for 12 months. DIAC expect this to involve living together, but if you can provide sufficient reason for being apart on a temporary basis while your relationship is still ongoing then that still counts. One thing you mention is you have joint assets...If by that you mean joint mortgage for example, or joint ownership of property, etc, then that probably helps your case significantly. The frequencey of visits (and the fact it is only London to the West Country as opposed to the other side of the world) is also likely to be important. So yes, you don't need to have lived together for 12 months, but the Devil is in the detail! If you haven't lived together for 12 months it may be in your interests to speak to an experienced Registered Migration Agent who can make sure your case is put in the best way and the correct level of evidence is available. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 15, 2012 Share Posted August 15, 2012 Thanks for your input Catache and George.I think we'll go ahead with the partner visa, as we've just noticed that if we apply or a PMV, we need to register our intended wedding date with an Aussie celebrant. Something that we don't want to do until we know what's going on with the visa application. Tis a catch-22. I think we'll have enough evidence for a partnership visa even though we haven't been living together. I've done the first draft of my statement and explain it all in there and back it up with evidence... so fingers crossed Thanks again for your help! A Try to get as much evidence - Wills, (can be done cheaply, packs from Post office), On each others car insurance, joint bank accounts, or money transferring to each others accounts, joint house insurance. Being married will waiver the 12 month relqtionship requirement but you will still need to show evidence that you are in a genuine and continuing relationship. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 15, 2012 Share Posted August 15, 2012 Hi We were declined as we did not satisfy sub regulation 309.211. We had many Western Union receipts showing money back and forth over the years, but that was not enough. I called the migration department here and they said that as we did not live together 12 months prior that they should not have accepted the application in the first instance. We also wrote that we did not wish to get married within the nine months as we wanted to take the time to plan it We had heaps of statutory declarations and they didn't even want to see our videos or photos and I believe they had already made the decision based on sub regulation 309.211. So I guess it is really your call, but having gone through what we did, I would not risk that again. I still find it hard to believe that you have to show less evidence for a PMV than a Defacto Visa. We are now going to apply for a PMV and this time I am going to ensure that I go through every single regulation and sub regulation and not just follow the checklists. Good luck and I hope that you are successful which ever way you decide to go. Catach You need to show less evidence for the PMV, as you are applying for the Partner visa after, and it will give you time to build up the evidence that you are required to provide for the Partner visa. The PMV can only be applied for offshore. Link to comment Share on other sites More sharing options...
Guest command Posted August 15, 2012 Share Posted August 15, 2012 You mentioned that you couldn't spend time with each other due to work commitments and children and money, how do you expect this will magically change once you land on australian soil? If money is a problem already, what if it takes 2 months + to get a job here? Not trying to make you feel bad but this is also a reason why they might have declined it. Link to comment Share on other sites More sharing options...
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