# Consequences of denied visa?



## Jazzyfizzle (May 4, 2012)

Hi there!

After gathering all the information I could, it seems that our de facto application case is not very strong, however, there might be a slight chance to get it approved anyway.

So I wondered, if we apply in September (After 5 months living together and a Relationship Resgistration) and it would be denied around 3-8months later - can we just apply again (or appeal), as by then, we would have collected some more months?

I am asking this, because after careful calculations, financially that makes more sense than, for example, registering for a random degree/diploma/certificate to obtain a student visa to bridge the months we still need and being able to work 20h a week only!

Technically, as I understood, you shouldnt ask to get your working restrictions removed from the bridging visa, when applying for de facto from a tourist visa, but I heard from several other cases that they got theirs removed without worries.
I would mention that I "want to be a part of the Australian society" (opposed to not work and being bored at home, which I am really afraid of!) on top of financial hardship, which is not hard if even only one partner doesnt work and you live in Sydney (and I could tell them that I still have to pay back my study loans, so the sooner that happens the better).

All Suggestion are welcome


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## russellie (May 16, 2012)

Hi Jazzyfizzle

I saw your post the other day but didn't get around to relying.

If your visa application is denied then in my opinion there isn't much point going to the MRT. They will only assess the information you provided prior to your application - you can provide additional evidence prior to the date of your application but no doubt you will have included every little thing you can. I've been reading the MRT cases where couples in situations similar to yours go to MRT and appeal - and even though by the time the appeal date comes through (usually 12 months later) the couple are still together and obviously in a genuine relationship, MRT has to deny the visa because they didn't have the evidence at the time of application.

If you apply for onshore 820 and it is denied, it is my understanding that you can apply offshore for the 309. I am unsure of whether you have to have lodged an appeal to the MRT (it is the way most couples stay in Australia) in order to lodge the 309 offshore. I can't believe it would matter... however it is important to note that you will not be allowed to lodge another 820 onshore after having one denied.


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## Jazzyfizzle (May 4, 2012)

Thanks so much for your reply!!
After reading the case (you posted somewhere else ;-) I also came to the conclusion that appealing is just a waste of money and effort!

Could you tell me where you found that you can definately not apply onshore again? I tried finding it everywhere, but couldnt so far!!

The question for me is: isnt it allowed because I would, after refused visa, be on bridging visa with the requirement to leave the country soon - it is not allowed to apply for another visa when being on this bridging visa.

If this is the case, and there is no official rule that you cannot apply twice for the same visa, could I not leave the country, come back as a tourist (given that the grant it) and re-apply from the tourist visa?

Thanks so much for your efforts!


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## russellie (May 16, 2012)

Partner booklet - part 2.

Before you make your Partner visa application, please read the following information carefully.
There are certain circumstances that may prevent you from lodging a valid application or may prevent the
visa from being granted.
If you are applying in Australia, you may not be able to make a valid application or you may not
be eligible to be granted a Partner visa, if you:
• do not hold a substantive visa and have had a Partner visa refused or cancelled since your last entry
to Australia; or
• do not hold a substantive visa (see page 6) and your previous visa has ceased; or
• hold a visa with a No further stay condition (conditions 8503, 8534 or 8535); or
• hold a Sponsored Visitor visa; or
• hold a Criminal Justice visa; or
• since your last entry to Australia, hold or held a Provisional General Skilled Migration visa and you
have not held or did not hold that visa for at least 2 years;
• have a debt to the Australian Government and have not made satisfactory arrangements to repay
the debt.
Note: If you do not hold a substantive visa and have had a visa refused or cancelled since your last entry
to Australia (other than a visa cancellation or refusal on character grounds or a Partner visa refusal),
you may be able to make a valid application in Australia as long as you provide a completed
form 40SP Sponsorship for a partner to migrate to Australia (see page 13) and 2 statutory
declarations from Australian citizens, permanent residents or eligible New Zealand citizens
supporting the existence of your relationship with your sponsor (see page 27).

So the first bit states you cannot, the second states you might be able to - however the stuff it requests is the usual stuff you apply for the visa with... it doesn't actually ask for anything extra. So that just confuses everybody. I haven't actually heard of anyone managing to be granted an onshore partner visa after a refusal... probably a risk nobody is willing to make.


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## Jazzyfizzle (May 4, 2012)

Thanks!!!!

But WOOW!
I read that now 5 times and it is still confusing!!!
I will investigate ;-)

Thanks again!


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## russellie (May 16, 2012)

It is. If you work it out please let me know!
I did speak with a migration agent who was a guest lecturer at uni a while back who seemed to think that unless you had compassionate and compelling circumstances you wouldn't have a hope of being allowed to apply onshore... she was basically saying unless you had a child you would be knocked back... but that was in regards to a work visa, not a partner visa, being rejected onshore...


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