# Partner Via Rejected. PLEASE HELP ME!



## Annabelle (Jun 6, 2016)

Hey everyone! 
My partner visa got refused a couple of weeks back and it has disturbed me so much that I even quit my studies. Can any one of you please tell me what are the chances of getting an acceptance if i apply for it again? And what if I put an application for tourist/visit visa too, before putting an application for partner visa? 

I desperately need help. It is soo hard to have a long distance relationship, we can not live apart anymore, it's already been almost 2 years! It would be a disaster if I get rejected again as my husband would have to leave everything/Aus behind and move here with me and start every thing from bottom again - Because we just CAN'T live apart!. So, please guys, is there anyone here who got their visa accepted the second time? And if yes, pleaaase give me some tips. 

Would be really kind of you guys to help. x


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## CCMS (Oct 10, 2013)

1) you or your partner can appeal the refusal 
2) use a migration agent to lodge a well prepared application that covers all bases and properly addresses all the requirements 
3) don't rely on the advice of people who were successful with their own application, because their circumstances are likely to be totally different from yours

www.ausvisa.net.au


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## 218417 (Nov 6, 2015)

I am not sure about how the partner visa refusals work but with visitor visa they tell you why it was refused. If you want some quick answers to take with a grain of salt before you decide to go to a migration agent and appeal, you can elaborate on why the case officer decided that your partnership was not legitimate and say what kind of evidence you provided for that specific area (such as - they weren't satisfied you had retained contact and a level of commitment during large times apart because you didn't show evidence of contacting such as skype messages)
therefore we could give you a little bit of advice about what they might be looking for so you can prepare it before going to an agent and appealing.

You should appeal again not lodge another application, it is cheaper and with around the same processing time, I believe you get 50% back if it is granted.


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## 218417 (Nov 6, 2015)

And another note about a visitor visa, I personally wouldn't even attempt an application because of the chance of refusal. You say you recently quit studies so that is a loss of incentive to return, you're from a high risk country and recently had a partner visa application refused so if I was a CO I would see that as incentive to be vindictive and possibly as a last resort to just get to Australia and go off the radar.
Therefore you would have to convince them otherwise even with the high risk country, dropping studies, refused partner visa, partner in australia etc by showing proof of good travel history, employment, dependent family, assets back home.

Believe me I find it absolutely conveniently hypocritical that they'd refuse a partner visa based off a non convincing relationship but then refuse a visitor visa based off your relationship.... but I wouldn't be surprised if it happened.


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## Mish (Jan 13, 2013)

You can appeal to AAT within a specific time period (it is all on the refusal notice).

The refusal will list why you were rejected, you need to address these reasons. Usually it is lack of evidence in one or more categories.

A good registered migration agent is recommend too.


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## Annabelle (Jun 6, 2016)

Actually I know my case was weak as we did not put many proofs in it. Also, my husband and i will move in togather in December, so I believe once we spend some time togather at my inlaws, we would make a better application this time and this time we will gather all proofs of genuineness of our relationship while we will be togather. Also, we will be able to use our joint account, have honeymoon suit proofs and all so we thought that way we will be able to make a better app. Money is not an issue right now for us. The major issue is getting over all the hurdles and end up living togather under one roof!

Here, in Pakistan, there are two stages of getting married, one is getting legally married but not living in same house and the other is moving in togather, we are legally married but we have not moved in togather yet.
We are planning a grand reception and other ceremonies in December so if we launch an application after December, we will have lots of pictures and other proofs to attach.

Moreover, about the rejection... what happened was that they consulted my father in law as well while having an interview with me and he mis-stated some things and our statements did not match. That part would be really hard for us to prove if we go to a tribunal as my father in law has some mental disorder because of which he often fabricates the statements (unintentionally). 

So, do you guys think it gets harder for getting accepted at second attempt or will my first refusal get in our way?
Morever, I heard that even if if we go through a tribunal, and if we fail, will it affect my husbands PR?


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## Annabelle (Jun 6, 2016)

Oh and the point about not going for visit visa, I think you are right. I should not go for that as it would be very hard for me to prove the reasons why I should get that. I did want to continue my studies after moving in with my husband in Australia, however I did not quit them because of that. I quit them because of depression of refusal, I am unable to concentrate on anything. I thought I would get an acceptance before December and I would go to Australia with my husband right after the ceremonies that we have planned in December, as it did not got the way we planned it, it left me devastated! As now I'll put my app forward after December and it will further take a year! And in that time, my husband will have to keep going back to Aus for his job, and keep visiting me as well so it would be so hard to manage expenses in the meanwhile.
This intent of dropping studies would be very hard to prove while going for partner visa. Isnt there any way i could make the process quicker by paying more? IT'S SOOO HARD, GMAKES ME CRY THINKING ABOUT THE APPLICATION AGAIN!


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## Mish (Jan 13, 2013)

If you submit a brand new application they will look at the refusal.

The benefit of submitting a new application is that it could be processed faster than an appeal but the appeal is cheaper.

When did you get married? Is there a reason why you can't live together until December? It is just that, that is so far away. I am assuming that you are both in the same country, is that right?

If you don't live in the same country you should be able to successfully get a partner visa it is only if you are in the same country that it is a problem.

The PR they relook at the relationship and ensure that the relationship is genuine. I have seen people who have gotten their TR with no problems be rejected for a PR. It is all about the evidence.


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## Annabelle (Jun 6, 2016)

I will start with some background of the culture over here so the situation gets clear for you:
Here in Pakistan, there are two stages of marriage; one is where you get married by all the paper work but you dont move in togather and the second is where you move in togather after marriage. Here it's know as nikkah and rukhsati. 
So we had out nikkah in oct'14, reason we had it so early was that its an arranged marriage, and it;s considered bad to talk to opposite gender without being married or without having a blood bond. so we got our nikkah done to know each other better. However we decided to move in togather after four years after i finish my degree. But since we got so close to each other that after almost a year we felt that we are ready to move in hence we launched the application. 
My husband lives in Australia and I live here in Pakistan. The reason we can’t live togather is that we are in separate countries. So, now even though it would be hard my husband would live with me after december for a couple of months and would go back after 2-3 months to continue his job. And that’ s how he would keep coming here and there to manage the relationship as well as the job.
The only reason we dont want to go for tribunal is that I heard if the tribunal case will get rejected, they will ask my husband to leave australia too. Also, we believe that we can get better proofs once we actually start living togather as we would be able to take millions of pictures togather, we would be able to show them our wedding pictures and videos, out spending through joint account, even the expense that we had on the wedding etc etc.


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## Mish (Jan 13, 2013)

Did you use a migration agent? With a good migration agent you should be able to get approved without living together.

What you have heard is incorrect that can't ask your husband to leave if your spouse gets rejected again at the tribunal.

Lodging the visa in Pakistan the case officer would be familiar with the culture.

When did you make the Nikkah legal? I know that Nikkah isn't legal in Australia.

Did you husband visit you often?

Also he can try to get you a family sponsored tourist visa where he sponsors the visitor visa. It may not be successful because of the rejection but you have nothing to lose by trying.

Ramadan Kareem to you and your family.


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## Annabelle (Jun 6, 2016)

Nop we did not have a migration agent but this time we will be prepared completely by having an agent and by collecting all proofs. Nikkah would be made legal in December once we move in. Although for us, even only nikkah is very legal and sacred, i think for Aus embassy, nikkah means nothing if a couple has not moved in togather...is it true?

Also, I wanted to know if I should be gathering proofs before December as well? Like I parcelled my husband a few gifts last month, should i add those receipts too? Or I should I add everything from after Dec after moving in togather?


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## Mish (Jan 13, 2013)

So if you didn't make the Nikkah legal then how can you apply for a spouse visa? The marriage has to be legal to apply for a spouse visa. The Australian government looks for the legal marriage certificate.

The evidence you provide should be as much evidence that you have to show that the relationship is genuine. You evidence from the start of the marriage or prior to the marriage (I am unsure if you talked to him prior to marriage as it is an arranged marriage).

What evidence did you supply?


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## Annabelle (Jun 6, 2016)

Oh we do have a legal marriage certificate, that's what nikkah is about! But we did not move in togather after nikkah, that's what I meant.

I suplied the legal document, call history,, bank statements, pictures of nikkah ceremony, other pictures and screenshots of our conversation.


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## Mish (Jan 13, 2013)

Ahhh it works different in Australia Nikkah is not legal and you have to make the marriage legal.

I have heard of some other countries that don't accept the Nikkah certificate they need the one from the government so they register it with the government after marriage.

The problem is that from what evidence you provided your husband hasn't come back to visit you since the Nikkah in 2014. That is a long time!! You husband should be visiting you atleast 4 weeks per year. They reject people if they don't visit each other.

I strongly advise a migration agent for your next application or appeal.


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## Annabelle (Jun 6, 2016)

I had that government certificate of marriage! And my husband did come once and stayed for two months. Once he came for nikkah and then he cam back again for two months. 
Anyways, even my National Id card got changed after nikkah, it's with my husbands surname now and the permanent address changed to my inlaws address too


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## Mish (Jan 13, 2013)

Based on what you have said if you had have used a migration agent you would have been successful. Sometimes it just comes down to not including enough evidence or not addressing things correctly in the application.

I think if you use a migration agent for AAT you have a change of winning.

There are a few really good migration agents on this forum if you want a good one.


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