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Help needed student visa partner issues


ilaeez

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Hello,

 

Can someone help me as I am tensed of another refusal..

I got married in Jan 14 and applied for a visit visa in Feb 14 but got refusal , that tym my husband was on a student visa ... And in Oct 14 had a child .. over the tym due to long distance many tiffs took place in relation due to which though he on some other visa refused to call us on dependants and refuses to say which visa .. and told if I want to come I can come on my own visa .. so I planned for a student visa as he is ready to provide with 1229 form also for my child.. now he warns me if I apply for a student visa it may get rejected due to his visa!! 

 

Is it possible that if I apply for student visa I get rejected on my spouse basis ?? Please help 

 

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I think you need to talk to a registered agent.  The fact that you have already had one visa refusal is not a good sign for you - they may question if you are a bone fide student or someone trying to get in the back door to PR - students are supposed to come, study then go.  Be aware also that you will have to have enough funds to support yourself with limited work capacity and no help at all with childcare.  The fact that your husband hasn't declared you as dependents also doesn't look good.

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Just now, Quoll said:

I think you need to talk to a registered agent.  The fact that you have already had one visa refusal is not a good sign for you - they may question if you are a bone fide student or someone trying to get in the back door to PR - students are supposed to come, study then go.  Be aware also that you will have to have enough funds to support yourself with limited work capacity and no help at all with childcare.  The fact that your husband hasn't declared you as dependents also doesn't look good.

Yes I just want to go there to study .. just to see if I can actually fix the relation or not ... Just one chance .. and student visa is the only way .. about finding myself it is not a problem as my parents shall sponsor my costs 

 

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It might lead to him saying that the child may not leave the country but you without a visa to live there might have to leave your child.  An agent will be able to give you better information but to DIBP it could look like you weren't a bone fide student - and you have been refused once already!

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Any of the migration agents that post on this forum would be a good starting point. You really need to get in touch with a decent agent as your posts are raising various concerns which I think you really need to address properly and carefully. 

Given the situation, I am not sure a student visa is the best option but an agent may say otherwise.

And really be careful about bringing a child here as has been explained above by Quoll. You could find if the relationship breaks down your husband insisting the child has to stay in Aus and you have to leave the country without your child.  

If you are a genuine couple and can prove this and your husband has PR I cannot understand why he will not sponsor you for a partner visa and is saying about a student visa. It seems strange. All the risk is on you and that seems to be really unfair. 

I'd personally be inclined to just have a holiday to Aus and leave the child with the grandparents in your home country and see how the ground lies. 

 

 

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You are married to him and there are possible implications. I'd seek professional advice before leaping in and potentially having a whole lot of heartache and financial costs. 

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