# Partner visa refused. Please advise!



## Kaiya (Nov 9, 2012)

Hi all,
A friend of mine was refused partner visa (sub 309) a month ago. (Lodged application Oct 2012) The reason was lacking of evidence of genuine relationship. She has a good job in Vietnam and is married to her husband who has been on centrelink benefits for years. When they first met in 2010, they have never thought about getting married one day; therefore they don't have much evidence to prove they were together of the time being friends before they got married. She has sent in the application for a tribunal and wish to travel to Australia in the meantime. Could someone please tell me if:
1/Is it possible for her to apply for a tourist visa and what is the chance of getting visa?
2/Once she is in Australia on tourist visa, can she apply for partner visa on-shore and apply for Bridging visa to stay and wait while her partner visa is being processed?
3/Should she withdraw her application from tribunal and start all over again with a new partner visa application? (She is 45 years of age and has been tried to have a baby with her husband, however the chance could be zero due to her husband's health. Is having a baby or sharing bank account and property together considered strong evidence in the future?)
Any advice would be greatly appreciated.


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## chicken999 (May 2, 2013)

I can't advise on the rest but I recommend that she leave the mrt hearing in place as The case take Average 600 days for a hearing. She can also lodge another partner visa off or onshore at the same time. I am running both my second 300 visa plus waiting on our mrt hearing also.


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## CollegeGirl (Nov 10, 2012)

Kaiya,

To be honest, her chances for a tourist visa aren't great. DIAC does not give them out easily to people from high risk countries, so that's one strike against her. And now she's been refused for another visa, so that's another strike against her. 

If she wants to take a chance on the tourist visa (make sure she knows there's a chance she might just lose the application fee... there's no guarantee she'll get it) she needs to 1) make sure she can show AT LEAST $1,000 in her bank account for every month of the tourist visa (though if she can show more, that's even better, as even people with more than that in their accounts have been rejected for "insufficient funds" before); 2) consider only applying for the shortest tourist visa (3 months) as they're more lenient with those.

Normally it's suggested tourist visa applicants also provide a letter from their employer that states they've been given leave for those three months and are expected to return to their job on whatever date. This is usually a really important component. Unfortunately since she's planning to apply onshore your friend can't do this without being disingenuous with her employer or asking them to lie for her, neither of which you want to do. 

If she does apply for the tourist visa and have it granted, yes she can apply onshore, but DIAC obviously does not prefer that. When you're applying for a tourist visa, you're legally affirming that you intend to be a genuine tourist, i.e., that you intend to visit and then leave. If when you go onshore you have so much stuff with you, or you have certain items like CVs or job-searching documents, such that it looks like you're planning to permanently stay, you can also be refused entry. 

If, however, your friend were to go there on a tourist visa, stay for a couple of months, and then decide at THAT point to file an onshore partner application... DIAC would look on it a little less skeptically.


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## robboat (Jun 12, 2012)

Kaiya said:


> Hi all,
> A friend of mine was refused partner visa (sub 309) a month ago. (Lodged application Oct 2012) The reason was lacking of evidence of genuine relationship. She has a good job in Vietnam and is married to her husband who has been on centrelink benefits for years. When they first met in 2010, they have never thought about getting married one day; therefore they don't have much evidence to prove they were together of the time being friends before they got married. She has sent in the application for a tribunal and wish to travel to Australia in the meantime. Could someone please tell me if:
> 1/Is it possible for her to apply for a tourist visa and what is the chance of getting visa?
> 2/Once she is in Australia on tourist visa, can she apply for partner visa on-shore and apply for Bridging visa to stay and wait while her partner visa is being processed?
> ...


When did they actually get married....?
How much time do they spend together.....is he living in VN?
Did they get married in Vietnam?.....or Australia?
If they were "friends" before marriage....did the partner travel to meet her in VN?
Or did she travel to AU?

If the visa was rejected on relationship grounds once...then the tribunal may find the same result - unless there is some new evidence that can be presented.

How long have they been sharing the bank account...?
Is the property in AU....or VN?
Can they show they both contribute - somehow.....?

Same, same for the tourist visa.....she would be unlikely to get it right now as she has been rejected for 309 visa....high probability of overstay from VN.....

They need to build a story of their relationship based on provable facts....airline tickets, receipts, certificates, photos and stories from other people (prefer AU citizens) who know details of the relationship......not "casual acquaintances"......

Remember - Immigration does not "know" you....you must proved beyond doubt everything you claim about the relationship.

Hope this helps........
Good luck.


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## Kaiya (Nov 9, 2012)

Big thanks to chicken999, CollegeGirl and robboat. 
My friend is in banking here, her husband has been living in VN with her. I told her if it was that easy, everyone here would not have to wait and suffer from being apart with their partner...She gave up on applying tourist visa and will collect more evidence and log her application again. 
Again, thank you and best wish to you all


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## CLSS (Oct 31, 2012)

Your friend always can appeal the decision, I know a girl, her application was once refused but she appealed and she got her PR, it took her about 4.5 years though. its tough


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## ambo colin (Sep 1, 2013)

*parner visa refused*

two and a half years ago i went for a partner visa now they tell me it is refused i have gone to m r t for a review what i want to know is it taken on what is in the partner visa as they are right i did not live with her for 12mths before the application. or does it go on what is been over the last 2 and a half years if this is refused can i keep coming in and out on a tourist visa i know that i can not stay in the ambulance service but i would like to still be with my partner and get married i am from the u.k. and my partner is australian born and bred i think its not right that we have been together for this long and then to tell us its not to be


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## kmarees1986 (Apr 23, 2012)

ambo colin said:


> two and a half years ago i went for a partner visa now they tell me it is refused i have gone to m r t for a review what i want to know is it taken on what is in the partner visa as they are right i did not live with her for 12mths before the application. or does it go on what is been over the last 2 and a half years if this is refused can i keep coming in and out on a tourist visa i know that i can not stay in the ambulance service but i would like to still be with my partner and get married i am from the u.k. and my partner is australian born and bred i think its not right that we have been together for this long and then to tell us its not to be


Thats an interesting question, I would think that the review is based on the original application and not the subsequent years. You may need to lodge another application. Someone can clarify.


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## chicken999 (May 2, 2013)

U would be quicker to apply again than wait for review average wait time on partner hearing is 600 days they told me just before I withdrew my mrt cause I got my pmv through just applying again


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## ambo colin (Sep 1, 2013)

chicken999 said:


> U would be quicker to apply again than wait for review average wait time on partner hearing is 600 days they told me just before I withdrew my mrt cause I got my pmv through just applying again


would i get my money back from m.r.t. the last partner visa cost $2800 thats gone now ..then mrt $1604... so that means $2800 more


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## GBP (Jun 1, 2013)

Unfortunately, subclass 309 is now $3085.


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## Steve5276 (May 19, 2014)

I think its practically extortion. Bordering corruption.
Immigration pretty much confuse the heck out of anyone who calls because they all give missleading false advice. Then they bombard you with ridiculous amounts of evidence required. They cause you both months to years of agonizing stress worrying if the love of your life who you are married to or even have children with will later be torn away from you .they charge exuberant amount of money for a fee. Which you forfeit for a simple mistake...they expect you to get all kinds of reports medical etc that costs even more money. They tell you to use an agent like you can afford the agent fee too....seriously you're out pf pocket by $10,000 soon as it starts...not a great way to begin a marriage at a time when 2 people who start living together need money to build their life.
For a pensioner who is genuinely in love with a asian woman and has a real marriage and is finally happy for the first time in his life this ridiculous immigration department make it all such a miserable experience....the system blows...it is hurting real genuine people in love with heart breaking pain! There has got to be a much simpler system to show you are genuine than this preposterously painful judgemental system that just leaves you feeling so hurt....
We shouldn't have to prove so much insane documents to prove we are real. They should have to prove we are not! Its not right that 2 people in genuine loving relationship are refused after spending $10,000 of thier savings based on immigration being so judgmental and assuming.
Plenty of times they judge wrong and refuse visas and it's the couple in love who suffer separation and loss! Simply because immigration do not have a much better system in place...how rude to take your money and say ohhh sorry you forgot a section thanks for your years savings! 
Seriously...I find the whole experience sickening to the pit of stomach. And really....if they are granting a 2 year temporary partner visa...why need so much proof of relationship? Why not grant visa based on providing a reasonable amount of proof. And then ask you after 2 years to show the main proof you can accumulate for 2 years to give you Permanent visa...seriously a lot of people nowadays meet on Internet fall in love quite fast because they have been so lonely for so long. They finally find true love so they dont need to wait they marry in first few months and apply partner visa without living together first. Also I might point out that it is innaproriate to live together and share a bed etc before marriage therefore a lot of people getting married marry first and dont have huge amounts of living together shared evidence of relationship...
Seriously...what's this world coming to when people are suffering due to lack of trust by Goverment..at a time that should be the happiest time of thier lives they are being scrutinized and extorted and stressed out!


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## soontowed (Mar 20, 2014)

Steve5276 said:


> I think its practically extortion. Bordering corruption.
> Immigration pretty much confuse the heck out of anyone who calls because they all give missleading false advice. Then they bombard you with ridiculous amounts of evidence required. They cause you both months to years of agonizing stress worrying if the love of your life who you are married to or even have children with will later be torn away from you .they charge exuberant amount of money for a fee. Which you forfeit for a simple mistake...they expect you to get all kinds of reports medical etc that costs even more money. They tell you to use an agent like you can afford the agent fee too....seriously you're out pf pocket by $10,000 soon as it starts...not a great way to begin a marriage at a time when 2 people who start living together need money to build their life.
> For a pensioner who is genuinely in love with a asian woman and has a real marriage and is finally happy for the first time in his life this ridiculous immigration department make it all such a miserable experience....the system blows...it is hurting real genuine people in love with heart breaking pain! There has got to be a much simpler system to show you are genuine than this preposterously painful judgemental system that just leaves you feeling so hurt....
> We shouldn't have to prove so much insane documents to prove we are real. They should have to prove we are not! Its not right that 2 people in genuine loving relationship are refused after spending $10,000 of thier savings based on immigration being so judgmental and assuming.
> ...


... its really sickening for all applicant to prove our genuine relationship to DIBP. I was today asked new updated 47 and 40 sp.. I already submitted divorce paper from my fiance but still want me to provide , they want details elaborating why the marriage break up. Statemen from family but I already haf those form


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## soontowed (Mar 20, 2014)

Steve5276 said:


> I think its practically extortion. Bordering corruption.
> Immigration pretty much confuse the heck out of anyone who calls because they all give missleading false advice. Then they bombard you with ridiculous amounts of evidence required. They cause you both months to years of agonizing stress worrying if the love of your life who you are married to or even have children with will later be torn away from you .they charge exuberant amount of money for a fee. Which you forfeit for a simple mistake...they expect you to get all kinds of reports medical etc that costs even more money. They tell you to use an agent like you can afford the agent fee too....seriously you're out pf pocket by $10,000 soon as it starts...not a great way to begin a marriage at a time when 2 people who start living together need money to build their life.
> For a pensioner who is genuinely in love with a asian woman and has a real marriage and is finally happy for the first time in his life this ridiculous immigration department make it all such a miserable experience....the system blows...it is hurting real genuine people in love with heart breaking pain! There has got to be a much simpler system to show you are genuine than this preposterously painful judgemental system that just leaves you feeling so hurt....
> We shouldn't have to prove so much insane documents to prove we are real. They should have to prove we are not! Its not right that 2 people in genuine loving relationship are refused after spending $10,000 of thier savings based on immigration being so judgmental and assuming.
> ...


... its really sickening for all applicant to prove our genuine relationship to DIBP. I was today asked new updated 47 and 40 sp.. I already submitted divorce paper from my fiance but still want me to provide , they want details elaborating why the marriage break up. Statemen from family but I already had those form submitted..


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## aussiesteve (Mar 16, 2012)

I agree that the wait is far too long however in this user pay environment the only way processing times could be shorter would be if they increase staff numbers and that could only be done by increasing visa fees, a catch 22 situation. 
The onus on the applicant to prove the genuineness of the relationship is well established , 25 years ago I went through the same process for my wife's PMV.
Unfortunately this onerous task has only become more complicated due to fraudulent applications from people in a non genuine relationship, looking for an easy way to get into Australia.
You don't have to use an agent, their are many posters here who have successfully done it themselves and everyone is more than willing to help and provide advice.


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## travellor (May 3, 2014)

As having only once sponsored someone, my wife of 5 years from Philippines, we found the requirements asked for to be pretty basic. Unfortunitely trying to get even basic docs in the Philippines is enough to push your sanity to breaking point...

Besides this and the ever increasing cost that is usually borne by the sponsor, events from the past must indicate that the visa has been over abused...I would really be curious to know what percentages of these unions actually are successful.


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