# spouse visa rejected



## jakia (Feb 2, 2013)

hi, 

i got married 2 years back whom i loved alone. at that time our family did not support us. so we didn't have any party. now i have applied for spouse visa. my husband is a citizen of aus. but they refused my visa for the lack of papers. i provided the marriage cert. bt they are not happy. don't know why? now my husband appealed against the rejection. that is also rejected. now i have applied for a tourist visa which s also rejected. what can i do. i want to apply the spouse visa again. what the chance to get the visa. what should i do/?


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## Nelly87 (Jul 3, 2011)

jakia said:


> hi,
> 
> i got married 2 years back whom i loved alone. at that time our family did not support us. so we didn't have any party. now i have applied for spouse visa. my husband is a citizen of aus. but they refused my visa for the lack of papers. i provided the marriage cert. bt they are not happy. don't know why? now my husband appealed against the rejection. that is also rejected. now i have applied for a tourist visa which s also rejected. what can i do. i want to apply the spouse visa again. what the chance to get the visa. what should i do/?


I am sorry to hear that - I am not qualified to advise you on this but if I were you I would be hiring a damn good agent or immigration lawyer, even if it took some saving up, to make sure that this doesn't go further south.


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## kttykat (Oct 30, 2012)

jakia said:


> hi,
> 
> i got married 2 years back whom i loved alone. at that time our family did not support us. so we didn't have any party. now i have applied for spouse visa. my husband is a citizen of aus. but they refused my visa for the lack of papers. i provided the marriage cert. bt they are not happy. don't know why? now my husband appealed against the rejection. that is also rejected. now i have applied for a tourist visa which s also rejected. what can i do. i want to apply the spouse visa again. what the chance to get the visa. what should i do/?


I agree with Nelly you need to talk to an agent, you should PM Mark Northam http://www.australiaforum.com/members/marknortham.html

What were the grounds for rejection? They must have told you.

We need more information about your application to comment.

Kttykat


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## MarkNortham (Dec 19, 2012)

Hi Jakia -

Sorry to hear of your visa refusals. Partner visa applications need a great deal of supporting documentation and statements to meet the current regulations. Unfortunately there is a growing amount of marriage fraud where people get married just to get a visa, so a marriage certificate itself is not enough evidence. The immigration dept (DIAC) requires substantial amounts of evidence regarding the relationship to determine whether they believe it is genuine - that's the key to getting partner and fiance visas approved.

If you have not been successful in getting applications through on your own, you may want to consider engaging professional assistance in the future - many people do either because their own circumstances are unusual or complicated, they don't have the time to keep up to date with the ever-changing regulations, or they simply want someone experience to take over the process for them.

Hope this helps - please advise if I can provide any further assistance.

Best,

Mark Northam


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## Harbinger (Jul 21, 2012)

jakia said:


> hi,
> 
> i got married 2 years back whom i loved alone. at that time our family did not support us. so we didn't have any party. now i have applied for spouse visa. my husband is a citizen of aus. but they refused my visa for the lack of papers. i provided the marriage cert. bt they are not happy. don't know why? now my husband appealed against the rejection. that is also rejected. now i have applied for a tourist visa which s also rejected. what can i do. i want to apply the spouse visa again. what the chance to get the visa. what should i do/?


Sorry to hear about this. I tell you if ours was rejected they would be the sorriest bunch of pricks in Canberra i would be making so much noise there and yes i would be having my say in parliment as its our parliment and our democratic right to speak in the peoples parliment they need to remember they work for us not the other way around..Quick hand me another soap box i just broke mine.


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## melandabdul (Sep 1, 2012)

Harbinger said:


> Sorry to hear about this. I tell you if ours was rejected they would be the sorriest bunch of pricks in Canberra i would be making so much noise there and yes i would be having my say in parliment as its our parliment and our democratic right to speak in the peoples parliment they need to remember they work for us not the other way around..Quick hand me another soap box i just broke mine.


heheheheh love your passion!!!


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## PinayOZ (Jan 22, 2014)

jakia said:


> hi,
> 
> i got married 2 years back whom i loved alone. at that time our family did not support us. so we didn't have any party. now i have applied for spouse visa. my husband is a citizen of aus. but they refused my visa for the lack of papers. i provided the marriage cert. bt they are not happy. don't know why? now my husband appealed against the rejection. that is also rejected. now i have applied for a tourist visa which s also rejected. what can i do. i want to apply the spouse visa again. what the chance to get the visa. what should i do/?


Hi Jakia. Any update on your case?


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## russm (Dec 27, 2013)

Dear Sir ,

I am from Bangladesh. I applied for partner visa in Feb, 2013 and refused recently by Aus embassy. This is my 2nd marriage and my wife lives in Australia.

The reason of divorce is, there was procedural mistake of divorce process with my previous wife which did not attract Muslim Divorce Law of Bangladesh(MFL 1961) and my divorce with previous wife is invalid as law.

The law is after expression of divorce we they have to wait 90 day to be registered but our divorce expressed and registered on same day.

Immigration refused my visa application and gave the opportunity for Review in 70 days. Is it mandatory to complete the review at AAT? can I made reapplication again after completing the divorce again? Do i need to arrange the marriage again with my present wife again?

Can any help me in this situation with your valuable opinion and guidelines that I can follow, i am not understanding what i should do.


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## Mish (Jan 13, 2013)

Since you were not legally divorced when you married your new wife it is not valid under Australian law therefore appealing to AAT would be a waste of time and money.

You can re-apply for the 309 visa however you will need to marry again as the first one is invalid under Australian law.


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## wrussell (Dec 31, 2014)

russm said:


> Dear Sir ,
> 
> I am from Bangladesh. I applied for partner visa in Feb, 2013 and refused recently by Aus embassy. This is my 2nd marriage and my wife lives in Australia.
> 
> ...


 If you had been in a de facto relationship with your sponsor for at least 12 months at the date of visa application, you might be able to make a case in the AAT; even if you were not not legally married.

May I suggest you consult a registered migration agent for advice about your best strategy?


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## russm (Dec 27, 2013)

Hi Westly, Many thanks for suggestion.
At the time of application we were only 2 months married.I can apply if there is any compelling circumstances.It seems very difficult to proof as defacto relation.

If I divorce my previous wife in proper way now will it help to win in AAT?

please let me know.

regards


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## russm (Dec 27, 2013)

Mish said:


> Since you were not legally divorced when you married your new wife it is not valid under Australian law therefore appealing to AAT would be a waste of time and money.
> 
> You can re-apply for the 309 visa however you will need to marry again as the first one is invalid under Australian law.


Hi Mish,Many thanks for your reply.
Thanks for you helpful information.

regards


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## russm (Dec 27, 2013)

Mish said:


> Since you were not legally divorced when you married your new wife it is not valid under Australian law therefore appealing to AAT would be a waste of time and money.
> 
> You can re-apply for the 309 visa however you will need to marry again as the first one is invalid under Australian law.


Many thanks for your reply.I discussed with professional lawyer and also suggest me the same. I am reprocessing the divorce and will reply after completing the divorce and marriage process.

My wife is now in Australia. She is unemployed and receiving benefit from centrelink. My income also low and do not have sufficient financial support. In this situation do u think the immigration dept will accept my wife as sponsorship for spouse visa as she is receiving benefit from centrelink?

regards


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## russm (Dec 27, 2013)

Dear All, I am planning to apply for partner visa
My wife is lives in Australia. She is unemployed and receiving benefit from centrelink. My income also low and do not have sufficient financial support. In this situation do anybody think the immigration dept will accept my wife as sponsorship for spouse visa as she is receiving benefit from centrelink? I will be glad if anybody could provide me helpful information. thnaks in advance

regards


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## MarkNortham (Dec 19, 2012)

Hi Russm -

Being on Centrelink does not prevent an Australia from sponsoring for a partner or fiance visa - many people do, including people on income support, disability pension, etc.

Hope this helps -

Best,

Mark Northam



russm said:


> Dear All, I am planning to apply for partner visa
> My wife is lives in Australia. She is unemployed and receiving benefit from centrelink. My income also low and do not have sufficient financial support. In this situation do anybody think the immigration dept will accept my wife as sponsorship for spouse visa as she is receiving benefit from centrelink? I will be glad if anybody could provide me helpful information. thnaks in advance
> 
> regards


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## russm (Dec 27, 2013)

Dear Mark,
Many thanks for your helpful information. 

regards


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## wrussell (Dec 31, 2014)

russm said:


> Dear Mark,
> Many thanks for your helpful information.
> 
> regards


In these circumstances the sponsor might be asked how s/he proposes to met the sponsorship undertaking. In cases I have managed, the assistance of family has been favourably considered.


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## russm (Dec 27, 2013)

*spouse visa sponsorship*



wrussell said:


> In these circumstances the sponsor might be asked how s/he proposes to met the sponsorship undertaking. In cases I have managed, the assistance of family has been favourably considered.


Many thanks for your information.
One of sponsor's uncle living in Bangladesh who could support us in this situation.Do you think they would accept her uncle as 2nd sponsor?
regards


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## Maggie-May24 (Jul 24, 2011)

Her uncle cannot act as a sponsor for a partner visa, only her partner can. However they can provide documents where her uncle confirms he will be providing financial assistance.


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