Shrilekha Posted September 22, 2015 Share Posted September 22, 2015 Hi all, I am a citizen in Australia. Me and my husband got married last year in april and applied for spouse visa. The rules of spouse visa has changed and there has to be compelling reason for husband to be able to stay here if his substantive visa has expired. Which was our case because my Husband's temporary visa had expired and he was on bridging visa for long time. My mental health and financial issues were the main reason that we applied for the visa. At the time of our application our Lawyer did not guide us very well as to what needs to be submitted as a compelling reason. So our visa was rejected. We met with another lawyer and he helped us put an MRT file. Which just recently opened and we gave the interview. This time we were able to submit a medical health professional's letter and our interviewer also spoke to our Doctor in our presence. But it seems she is not convinced. She thinks we are making all this up just to get the visa. She said to me that I should change my Doctor as she is not giving proper treatment and that I shouldn't have married a guy who does not have proper visa. I have never been so insulted in my life. Anyway the result of the interview is due to come next month. But from the Interviewer's attitude it seems she is not going to give it in our favor. I was wondering that if my husband applies from overseas after 2 rejections here, what are the chances that he will get the offshore one approved. It will cost another $5000 + Lawyers fees + waiting period. Can anyone tell me how long the wait is for offshore partner visa from India. And will it have any problems because of these two rejections?? Any advise is highly appreciated Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 22, 2015 Share Posted September 22, 2015 Are your lawyers registered migration agents? Link to comment Share on other sites More sharing options...
Shrilekha Posted September 22, 2015 Author Share Posted September 22, 2015 Well I know the second lawyer was a registered migration agent. By the time our MRT file opened he started ignoring us. It seemed like he got his money so he did not care about our case any longer. But we were about to have our interview and we did not want to mess things up. So we just managed preparing for the interview on our own. He just came directly to the interview. Link to comment Share on other sites More sharing options...
toOZ2012 Posted September 23, 2015 Share Posted September 23, 2015 Well I know the second lawyer was a registered migration agent. By the time our MRT file opened he started ignoring us. It seemed like he got his money so he did not care about our case any longer. But we were about to have our interview and we did not want to mess things up. So we just managed preparing for the interview on our own. He just came directly to the interview. You need proper advise. I would start by getting in touch with one of the good agents that post here. Westley Russell, Alan Collett etc Link to comment Share on other sites More sharing options...
Bungo Posted September 23, 2015 Share Posted September 23, 2015 Hi all,I am a citizen in Australia. Me and my husband got married last year in april and applied for spouse visa. The rules of spouse visa has changed and there has to be compelling reason for husband to be able to stay here if his substantive visa has expired. Which was our case because my Husband's temporary visa had expired and he was on bridging visa for long time. My mental health and financial issues were the main reason that we applied for the visa. At the time of our application our Lawyer did not guide us very well as to what needs to be submitted as a compelling reason. So our visa was rejected. We met with another lawyer and he helped us put an MRT file. Which just recently opened and we gave the interview. This time we were able to submit a medical health professional's letter and our interviewer also spoke to our Doctor in our presence. But it seems she is not convinced. She thinks we are making all this up just to get the visa. She said to me that I should change my Doctor as she is not giving proper treatment and that I shouldn't have married a guy who does not have proper visa. I have never been so insulted in my life. Anyway the result of the interview is due to come next month. But from the Interviewer's attitude it seems she is not going to give it in our favor. I was wondering that if my husband applies from overseas after 2 rejections here, what are the chances that he will get the offshore one approved. It will cost another $5000 + Lawyers fees + waiting period. Can anyone tell me how long the wait is for offshore partner visa from India. And will it have any problems because of these two rejections?? Any advise is highly appreciated Well to her questions in the final paragraph. Two rejections will not necessarily mean a third rejection, but it depends why it was rejected. If it was rejected because there are some doubts about the authenticity of the relationship then yes it might be rejected again. If it were rejected because you did not follow proper process or provide the right information, then if you do so the next time, there is no reason why it would be rejected. I think the wait is about a year or so at the moment. As to the rest of your post, well I have read it a few times now and cannot make head nor tail of it. You say he was on a bridging visa before he even applied for the partner visa, well in that case he must have lodged some other application, what has happened to that? Isn't that visa still in the running? This also means the bridging visa was nothing to do with the spouse visa and so it should still be sitting there and why would he have to leave just because the partner visa was rejected? I also do not understand why an immigration officer is telling you that you should not have married. Are you sure you have not misunderstood that? I am not aware of any rule that forbids someone on a bridging visa to marry. Link to comment Share on other sites More sharing options...
ptlabs Posted September 23, 2015 Share Posted September 23, 2015 ... Two rejections will not necessarily mean a third rejection, but it depends why it was rejected. ... I would second Bungo's comment. Much will of course depend on the exact circumstances of the situation, which doesn't seem to be entirely clear as pointed out by Bungo. Link to comment Share on other sites More sharing options...
Shrilekha Posted September 23, 2015 Author Share Posted September 23, 2015 You need proper advise. I would start by getting in touch with one of the good agents that post here. Westley Russell, Alan Collett etc Thank you for your reply. I do need advise form a good agent. The ones that we had were supposedly really good according to some of our friends and colleagues (and their website testimonials) but I realized that neither of them gave any realistic Idea about the process. So I thought I should ask on this forum before I visit any more agents. I am happy that you named couple of them here, as I myself am not able to judge who is good at these applications any more. Really appreciate it. Link to comment Share on other sites More sharing options...
Shrilekha Posted September 23, 2015 Author Share Posted September 23, 2015 Well to her questions in the final paragraph. Two rejections will not necessarily mean a third rejection, but it depends why it was rejected. If it was rejected because there are some doubts about the authenticity of the relationship then yes it might be rejected again. If it were rejected because you did not follow proper process or provide the right information, then if you do so the next time, there is no reason why it would be rejected. I think the wait is about a year or so at the moment. As to the rest of your post, well I have read it a few times now and cannot make head nor tail of it. You say he was on a bridging visa before he even applied for the partner visa, well in that case he must have lodged some other application, what has happened to that? Isn't that visa still in the running? This also means the bridging visa was nothing to do with the spouse visa and so it should still be sitting there and why would he have to leave just because the partner visa was rejected? I also do not understand why an immigration officer is telling you that you should not have married. Are you sure you have not misunderstood that? I am not aware of any rule that forbids someone on a bridging visa to marry. Well my husband had applied for Business sponsorship visa. Which opened and got rejected. After that he had applied for MRT to review the case. Which also got rejected but he had 28 days on shore. So our lawyer suggested that our relationship is genuine and financial hardships can be used as compelling reason. So we gave all the documents he had asked us to. After application my husband was on Bridging visa class C. Which means no work permit. Now we applied for work permit based on the same financial documents saying that I am not capable of financially supporting us both so my husband needs work permit. This was approved and he started working again. Now we thought that if same documents are given for financial hardship than it should be pretty clear that I cannot manage financially by myself. But that did not happen. They application was rejected which clearly mentioned that there is no real evidence of financial hardships. They believe I will be able to manage on my own. So there is no compelling reason for him to stay here with me. They had no issues with relationship. They said relationship being legit does not matter anymore for schedule 3. So they cannot grant visa just based on genuine relationship. We went to see a migration agent. He helped us apply for MRT. we just gave the interview like I mentioned earlier in the post. But the result is yet to come on 12 Oct as the member is going on 2 weeks holidays. But from her attitude we could make out that she is not going to give it in our favor. I told her that financially we have some debts and I have a really good career which I would have to give up if my husband would have to leave. She said to me," then why did you marry a man who does not have substantive visa". (She said this to me twice). I have requested the audio recording too. They will post it to us. It was very insulting to say that on my face and in presence of my husband. I am so lost right now. Extremely anxious all the time. I do not know which agent to trust to give us proper advise. I need to find out whether rejection due to no compelling reason would cause any problems from off shore application. The member at MRT has not asked a single question relation to our relationship. She clearly told us that she is not concerned with that. She only wants to discus the Schedule 3. I believe my relationship docs were pretty strong. I hope I explained a bit better this time. Sorry my first post was confusing. Link to comment Share on other sites More sharing options...
toOZ2012 Posted September 24, 2015 Share Posted September 24, 2015 Let me see if I got the timeline right: a) You are a citizen b) He applies for business sponsorship visa (onshore I assume?). Were you together back then? c) That application was rejected. It's appeal was also rejected by MRT and he has to leave the country in 28 days. d) So a lawyer suggested your hubby(married by that time I assume?) apply for a onshore spouse visa. What was the need to show financial hardship - Was it to get a bridging visa? Did he have a "no further stay condition"? e) Since his bridging visa didn't have work rights. You used financial hardship cause to get work rights. d) His onshore spouse visa application was also rejected - based on financial hardship reasons? e) So he applies to appeal his decision and that is where you are currently at. What was the exact reason they gave for rejecting his partner visa? The offshore application fee has been bumped to $7000. If he meets all the conditions of a offshore spouse visa I don't see a reason why it would be rejected again but a good agent can help you with that. Link to comment Share on other sites More sharing options...
Bungo Posted September 24, 2015 Share Posted September 24, 2015 Well my husband had applied for Business sponsorship visa. Which opened and got rejected. After that he had applied for MRT to review the case. Which also got rejected but he had 28 days on shore. So our lawyer suggested that our relationship is genuine and financial hardships can be used as compelling reason. So we gave all the documents he had asked us to. After application my husband was on Bridging visa class C. Which means no work permit. Now we applied for work permit based on the same financial documents saying that I am not capable of financially supporting us both so my husband needs work permit. This was approved and he started working again. Now we thought that if same documents are given for financial hardship than it should be pretty clear that I cannot manage financially by myself. But that did not happen. They application was rejected which clearly mentioned that there is no real evidence of financial hardships. They believe I will be able to manage on my own. So there is no compelling reason for him to stay here with me. They had no issues with relationship. They said relationship being legit does not matter anymore for schedule 3. So they cannot grant visa just based on genuine relationship. We went to see a migration agent. He helped us apply for MRT. we just gave the interview like I mentioned earlier in the post. But the result is yet to come on 12 Oct as the member is going on 2 weeks holidays. But from her attitude we could make out that she is not going to give it in our favor. I told her that financially we have some debts and I have a really good career which I would have to give up if my husband would have to leave. She said to me," then why did you marry a man who does not have substantive visa". (She said this to me twice). I have requested the audio recording too. They will post it to us. It was very insulting to say that on my face and in presence of my husband. I am so lost right now. Extremely anxious all the time. I do not know which agent to trust to give us proper advise. I need to find out whether rejection due to no compelling reason would cause any problems from off shore application. The member at MRT has not asked a single question relation to our relationship. She clearly told us that she is not concerned with that. She only wants to discus the Schedule 3. I believe my relationship docs were pretty strong. I hope I explained a bit better this time. Sorry my first post was confusing. ... will revert. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted September 24, 2015 Share Posted September 24, 2015 I'm going to guess the financial hardship was sufficient to get him work rights on his bridging visa, but wasn't sufficient to prove compelling reason to meet the Schedule 3 requirements for the partner visa (which was then refused). Is this correct? To anyone who is faced with Schedule 3 or MRT, I'd strongly suggest you engage the services of a good migration agent. These are simply too complex for the average applicant to deal with on their own. Link to comment Share on other sites More sharing options...
Shrilekha Posted September 24, 2015 Author Share Posted September 24, 2015 Yes that's exactly what happened. I do not know how to judge migration agents anymore. We are still looking for a good one. Thank you for replying. Link to comment Share on other sites More sharing options...
toOZ2012 Posted September 25, 2015 Share Posted September 25, 2015 Yes that's exactly what happened. I do not know how to judge migration agents anymore. We are still looking for a good one. Thank you for replying. I concur with MaggieMay24. Too complex for forum posters and you may end of with up potentially misleading advice. http://www.pinoyau.com/ - Westley Russell - @wrussell http://www.gmvisas.com/ - Alan Collet - @Alan Collett I think they do free initial assessments - have a chat with them. Link to comment Share on other sites More sharing options...
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