# ever heard of a partner or PMV ever denied?



## rhodered (Nov 18, 2012)

I have been coming onto the forum for about 6 months now,and all I hear about is partner visas being granted,or just flat out taking DIAC forever to grant them,but I've never seen a poster write about how they've been denied...I've read about student visas being denied,but not partner visas...anyone remember a thread about a partner visa being denied?


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## Nelly87 (Jul 3, 2011)

I was wondering the same thing... I think I could learn from reading why others got rejected, but I can't really find much on it!


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## CollegeGirl (Nov 10, 2012)

We've been told flat-out by our migration agent that our visa will be denied on medical grounds. BUT we will then be given an opportunity to apply for a waiver, which we will of course do, and I will have to undergo numerous tests of different kinds and see all kinds of doctors DIAC chooses (which will probably be insanely expensive). But because my fiance will be able to provide me with private insurance and has the financial resources to mitigate the cost of my healthcare, in the end, our waiver will be approved, and I will get my visa. I can't tell you, though, how hard it's going to be to look at the initial rejection letter. It won't be good - I can tell you that much.

I really, really feel for people who have health issues similar to mine and who don't share the financial resources we are lucky enough to have. I can't imagine the pain it must cause to be a legitimate couple in love and dedicated to one another and unable to be together.


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## sunnysmile (Oct 13, 2011)

I know for one that has been refused (member "tiramisu"):

http://www.australiaforum.com/visas-immigration/4811-migration-review-tribunal-post27148.html#post27148


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## rhodered (Nov 18, 2012)

Hmmm....I wonder how they made out and why it failed. It seems they gave up on the forum after it was rejected ???


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## Nelly87 (Jul 3, 2011)

Yeah I was thinking the same thing - whatever happened after that because it's not on there, not even why they got rejected.

CollegeGirl I hope your agent is wrong, I hope you get super lucky and it happens right away anyway, and if not I think it's wonderful that you realize that you are still not near rock bottom with the resources you guys have, you will get there either way. Just remember that, even when you're staring at the answer you may not have hoped for. At least you know that the main thing that risks you getting rejected is something you _know_ you can get under control!  But I'll still keep my fingers crossed that it won't even go that far!


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## CollegeGirl (Nov 10, 2012)

Thanks Nelly.  *hugs*


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## rhodered (Nov 18, 2012)

Collegegirl...I hope the best for you,and I hope your agent is wrong and it gets approved. My fiance has MS and I hope my application goes through without any issue as if I were to get denied,I'm not sure if the USA would deny her coming here because of her MS.


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## CollegeGirl (Nov 10, 2012)

rhodered said:


> Collegegirl...I hope the best for you,and I hope your agent is wrong and it gets approved. My fiance has MS and I hope my application goes through without any issue as if I were to get denied,I'm not sure if the USA would deny her coming here because of her MS.


It wouldn't, but the US doesn't have socialized medicine. Without getting into a discussion of any pros and cons of socialized medicine in general (how many arguments that could lead to, lol), they do have to look out for how much people are going to cost taxpayers. It still sucks, esp. since I'll have private insurance. Seems like we shouldn't have to go through all that.


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## Nelly87 (Jul 3, 2011)

CollegeGirl said:


> It wouldn't, but the US doesn't have socialized medicine. Without getting into a discussion of any pros and cons of socialized medicine in general (how many arguments that could lead to, lol), they do have to look out for how much people are going to cost taxpayers. It still sucks, esp. since I'll have private insurance. Seems like we shouldn't have to go through all that.


That reminds me of an interesting discussion I had with my mother-in-law. I told her "I wish I could just waive my right at Centrelink payments, I don't want them, I just want to be with my partner" - and she said "Oh no babygirl [hey I'm quoting here] that's not the deal. We let you into Australia, part of being part of Australia is being safe and cared for - you can't waive your right to police protection either, that is part of what makes us beautiful. We take care of our own! You get let in, we will take care of you."

I'll never want those payments and I can't even imagine needing them but I guess that is part of applying in _Australia_ (as she put it) - that's the country it is, it wants to also consider taking care of you because that's what they do. Anyway she made it sound all nice and fluffy 

In your case it still wouldn't be nice or fluffy but you catch my drift, right? In a way it's a nice thing, this is how they take care of their people and that is also how they will approach you - and you will be able to show you can support yourself and it won't matter anyway, but I just wanted to share how she said it.

Then again she talks about huntsman spiders like they're fluffy puppies, too


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## mcru (Jan 25, 2013)

If you really want to know it's all publicly available on the parliament / senate websites. Here are some extracts:

From 1 July 2006 to 22 May 2012, 36,512 Prospective Marriage visas have been granted at 49 posts.
The number of visa grants has fluctuated marginally from year to year, peaking at 6,354 in 2008-09 and falling to 5,926 in 2010-11.

From 1 July 2006 to 31 December 2011, the following 10 posts have granted the highest number of Prospective Marriage visas: Manila; Ho Chi Minh City; Shanghai; London; Bangkok; Beirut; Berlin: Moscow; Washington; and New Delhi (the top 10 posts). More than 64% of all Prospective Marriage visas were granted at these posts.
Not all Prospective Marriage visa applications have resulted in the grant of a visa. For the period 1 July 2006 to 31 December 2011, 3,635 applications (9.3%) have been refused and 1,450 applications (3.7%) have been withdrawn or otherwise finalised. Included in these figures are 2,990 visa applications lodged at a top 10 post (58.9% of all unsuccessful applications). 

IMMIGRATION AND CITIZENSHIP PORTFOLIO
(BE12/0185) Program 1.1: Visa and Migration
Senator Cash (L&CA 62) asked:
Provide the reasons why a prospective marriage visa might be refused.
Answer:
A Prospective Marriage visa application may be refused for any of the following reasons:

Sponsorship related reasons
• The sponsor is not an Eligible New Zealand citizen, Australian citizen or Australian permanent resident;
• The sponsor was granted a Woman At Risk visa in the five years immediately prior to the current Partner visa application and, at that time, the partner visa applicant was:
o the sponsor’s former spouse or de facto partner; or
o the sponsor’s spouse or de facto partner and the relationship was not declared to the Department.
• The sponsor was granted a Partner or Prospective Marriage visa, having been sponsored by another person, in the five years immediately prior to the current Partner visa application (the visa may be granted if compelling circumstances affecting the sponsor exist);
• The sponsor had successfully sponsored, under the Partner visa category:
o one other person within the five years immediately preceding the current Partner visa application; or
o two other people in total (applies to applications lodged on or after 1 November 1996) (the visa may be granted if compelling circumstances affecting the sponsor exist)
• The sponsor holds or previously held a Contributory Parent visa (Subclass 143) or Contributory Aged Parent visa (Subclass 864) and less than five years have passed since that visa was granted, unless the visa applicant had compelling reasons, other than reasons related to their financial circumstances, for why they did not apply for the Subclass 143 or 864 at the same time as their partner or, if they had applied, why they withdrew that application;

Character and Public Interest related reasons
• The sponsor’s character is of concern and the applicant and/or dependent applicants are under the age of 18;
• The applicant fails to meet Public Interest Criteria (PIC) related to health or character;
• In the case of an applicant who has previously entered Australia, they fail to satisfy special return PICs;
• The applicant has previously had a visa cancelled under the relevant Character provisions of the Migration Act including s501, s501A and s501B.

Relationship related reasons
• The couple has not met and are not known to each other personally;
• The couple do not satisfy the delegate that they:
o genuinely intend to marry and that the intended marriage will take place within the visa period; or
o intend to live together as spouses;
• There is an impediment to the marriage in Australian law (for example, either party is still legally married to another person);

Other reasons
• In relation to a secondary applicant, the applicant is not a member of the family unit of the primary applicant;
• In relation to a secondary applicant who is under the age of 18:
o their removal from their home country is not permitted;
o the grant of the visa would not be in their best interests;
• The applicant has an outstanding debt to the Commonwealth and has not made appropriate arrangements for repayment;
• The applicant is in Australia at the time the visa is ready to be granted, unless they hold a temporary Emergency visa (Subclass 303).


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## Nelly87 (Jul 3, 2011)

Wow that is really interesting... I just searched through the parliament's website's library but can only really find legislation rather than statistics and nothing on Onshore 820's yet. I will keep searching. Thank you!


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## rhodered (Nov 18, 2012)

ugh...3600 refusals...not good. i have a juvenile record...almost 20 years old now. i hope it doesnt come back to haunt me.....


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## Nelly87 (Jul 3, 2011)

Come to think of it I've never actually seen statistics for 820 applications without a subclass 300 preceding it.

I'm sure there's some like me who went straight for de facto... are there known de facto statistics? I swear I used the search function on the Parliament site... either I fail very hard or it's not there.


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## CollegeGirl (Nov 10, 2012)

This post might be helpful in relation to offshore visas: http://www.australiaforum.com/visas...s-questions-about-offshore-partner-visas.html


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