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Hi

I hope somebody can help me.

My son came over to Aus in 2017, met an Australian girl and they returned to England and got married in 2018.

(In the meantime my father passed away and left my son and his brothers £20,000.00 each.)

At that point my sons wife decided she wanted togoback to Australia, my son had just got a really good job and was unsure about leaving theUK but didn’t want his wife to be unhappy so they flew back to Melbourne.

They eventually secured an apartment but my son was unable to work for 3 months as he was on a visitors visa.  They applied for his partner visa and he was granted a bridging   visa whilst his partner visa was being processed. My son used his inheritance to fund their new apartment and living costs while his wife applied for jobs. She eventually started work whilst they waited for the 3 months period before my son could work.

They has been back in Australia for 2 months when my sons wife decided she did it want to continue the marriage and she left him............SO my question really is does anybody have experience in withdrawIng the partnership visa application and then applying for a refund of the $7000.00 that he paid when the application was submitted, As he has now returned to the UK

hopefully somebody will have an idea if we can get a refund.

thanking you in advance

Sharron Grimshaw

 

 

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2 hours ago, Sharron Grimshaw said:

Hi

I hope somebody can help me.

My son came over to Aus in 2017, met an Australian girl and they returned to England and got married in 2018.

(In the meantime my father passed away and left my son and his brothers £20,000.00 each.)

At that point my sons wife decided she wanted togoback to Australia, my son had just got a really good job and was unsure about leaving theUK but didn’t want his wife to be unhappy so they flew back to Melbourne.

They eventually secured an apartment but my son was unable to work for 3 months as he was on a visitors visa.  They applied for his partner visa and he was granted a bridging   visa whilst his partner visa was being processed. My son used his inheritance to fund their new apartment and living costs while his wife applied for jobs. She eventually started work whilst they waited for the 3 months period before my son could work.

They has been back in Australia for 2 months when my sons wife decided she did it want to continue the marriage and she left him............SO my question really is does anybody have experience in withdrawIng the partnership visa application and then applying for a refund of the $7000.00 that he paid when the application was submitted, As he has now returned to the UK

hopefully somebody will have an idea if we can get a refund.

thanking you in advance

Sharron Grimshaw

 

 

100% can't get a refund, it says it when you apply. Even withdrawing before a case officer is assigned doesn't get a refund. you certainly wont get one when its been activated/validated.

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Hi, thank you for feedback. In these circumstances then, would you suggest not applying for a refund by not withdrawing the visa and see what happens ?

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1 hour ago, Sharron Grimshaw said:

Hi, thank you for feedback. In these circumstances then, would you suggest not applying for a refund by not withdrawing the visa and see what happens ?

Sorry not sure what you mean? This is how I consider it but maybe you should speak to a registered migration agent or pm one of the ones on this forum.

As the relationship is now not ongoing your son isn't eligible for the partner visa anymore and should tell their case officer (if they have one) this fact. However I'm pretty sure you wont get a refund of the fee. When I applied for mine it stated there are no refunds of the fee. Perhaps a compassionate reason might work if your partner died for example but this doesn't seem a strong case for a refund.....

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1 hour ago, Sharron Grimshaw said:

Hi, thank you for feedback. In these circumstances then, would you suggest not applying for a refund by not withdrawing the visa and see what happens ?

If the relationship no longer exists then it's an offence not to tell Immigration.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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53 minutes ago, can1983 said:

Sorry not sure what you mean? This is how I consider it but maybe you should speak to a registered migration agent or pm one of the ones on this forum.

As the relationship is now not ongoing your son isn't eligible for the partner visa anymore and should tell their case officer (if they have one) this fact. However I'm pretty sure you wont get a refund of the fee. When I applied for mine it stated there are no refunds of the fee. Perhaps a compassionate reason might work if your partner died for example but this doesn't seem a strong case for a refund.....

No chance of a refund, but they must either withdraw or cancel the application as it can only be granted if they are still together. 

Professional advice before withdrawing might be a good idea though, especially if he wishes to stay in oz because his bridging visa will cease once he withdraws and he will need to leave the country if he has no other visa in place. 

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Hi

Thanks for your reply.

my son has already left Australia and is now in the UK so we will send the withdrawal application in as soon as possible. Will this affect his chances of entering Australia at a later date maybe next year? 

Thanks

Sharron Grimshaw 

 

 

 

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3 hours ago, Sharron Grimshaw said:

Hi

Thanks for your reply.

my son has already left Australia and is now in the UK so we will send the withdrawal application in as soon as possible. Will this affect his chances of entering Australia at a later date maybe next year? 

Thanks

Sharron Grimshaw 

 

 

 

Nothing to stop him applying for a tourist visa to come on holiday,  I assume (maybe wrongly) that he's already had a WHV?


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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4 hours ago, Sharron Grimshaw said:

Hi

Thanks for your reply.

my son has already left Australia and is now in the UK so we will send the withdrawal application in as soon as possible. Will this affect his chances of entering Australia at a later date maybe next year? 

Thanks

Sharron Grimshaw 

 

 

 

No, it won't have any effect. He can just withdraw it and then he is free to apply for any other visa that he is eligible for. 

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Sorry to hear this, i hope he sorts something out. Is that how much a partner visa is now?

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4 hours ago, Aussiebird said:

Sorry to hear this, i hope he sorts something out. Is that how much a partner visa is now?

$7,160 - and can take between 21 - 26 months to process according to the home affairs website


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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