# What happens if spouse visa gets refused?



## LazyDazy1 (Aug 22, 2013)

Do you re-apply, or appeal, do you have to leave straight away?


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## Whitney (Jan 4, 2013)

For an onshore partner visa you have 28 days after it is refused to apply for another visa (including reapplying for the same visa that was just refused) or leave the country. You can lodge the visa application again and simultaneously appeal to the MRT. I'm not sure what rights you have in terms of staying in the country and/or work rights if you lodge an appeal. Hopefully someone else can fill that in for you.


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## CollegeGirl (Nov 10, 2012)

Do you mean if you're applying onshore? If your previous visa has expired, you would have 28 days to reapply OR lodge an appeal. I *believe* you can also reapply straight away if you have more evidence or your circumstances have changed from when you applied originally.


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## CollegeGirl (Nov 10, 2012)

Haha, Whitney beat me to it.


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## Becky26 (Jun 18, 2013)

Hi all,

I had my Partner Visa (de-facto) application rejected in March 2013 because of "not enough evidence/ not a genuine relationship" reason. 
It wasn't that my husband and I didn't have enough evidence; our compliance officer at the DIAC Brisbane Office didn't take our completed file and told us to wait till the case officer contacted us for more evidence. So we did.
After having to wait for 3 months with no contact made by anyone from the immigration I contacted them myself. The operator told me that my file was refused a visa because of the above mentioned reason. 
While in fact no contact was made by any case officer in those 3 months requesting more paperwork instead we were sent a refusal letter in the mail (A FREAKING LETTER) to let us know of their decision.

In all of this mess nothing was our fault. 
Now my husband and I have applied for Partner Visa (Spouse) 309 offshore again. We submitted the same documents which we had when we applied for our visa for the first time. My file was 7cm thick and weighed half a kg. For crying out loud if this isn't enough evidence, then what is?
We provided everything since the day we first met even though for the spouse visa the documentation is little bit easier compared to de-facto in my opinion (I might be wrong)

I would like to know in such a case is there a possibility of another refusal?
Thinking about my visa is putting me in depression, can't sleep at night, don't want to do anything, just lie in bed with my computer. No job, no life, this has made me loose interest in life.
Don't know what other difficulty we will have to face to stay together.

Look forward to your suggestions.
Thanks heaps for your help.

Kind Regards,
Becky


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## CollegeGirl (Nov 10, 2012)

I think it's very, very unlikely you'd be refused again, Becky. After all, they never saw all that evidence the first time around, right? You are always one of a few people I think of when we advise people here to NOT submit their applications without ALL their evidence. Your original rejection was just ridiculous.


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## Becky26 (Jun 18, 2013)

CollegeGirl said:


> I think it's very, very unlikely you'd be refused again, Becky. After all, they never saw all that evidence the first time around, right? You are always one of a few people I think of when we advise people here to NOT submit their applications without ALL their evidence. Your original rejection was just ridiculous.


Yeah, immigration never saw anything except for our ID documents.
Everyday I think about that compliance officer who misguided us and that costed us about 15k including visa fees and travelling to India for two people and a second visa application cost. And most of all it costed us my husband's job cause he left his work to come to India with me.

I hope DIAC gets rid of such officers who make peoples lives so difficult knowing the fact how difficult this Immigration paperwork and this whole process already is.

Thanks so much for your reply.

Kind Regards,
Becky


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## LazyDazy1 (Aug 22, 2013)

Oh that sucks Becky, i'm sorry to hear that! I hope everything works out for you this time round!
Thanks to everyone else for their replies, here's hoping none of us need to go down the route of re-applying or MRT!!


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## Becky26 (Jun 18, 2013)

LazyDazy1 said:


> Oh that sucks Becky, i'm sorry to hear that! I hope everything works out for you this time round! Thanks to everyone else for their replies, here's hoping none of us need to go down the route of re-applying or MRT!!


 Thanks LazyDazy1!!

Just so depressed at the moment, thinking about my husband having to leave my country very soon and waiting for my visa so far away from each other and God only knows for how long.

Good luck to you!

Kind Regards, Becky


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