# Refused Partner visa-can I apply for touristic?



## radinkas (Nov 26, 2011)

Hi all,

I am in a desperate situation. I applied for a de facto visa with my partner and it was refused due to the lack of evidence in financial commitment aspects... To shorten the story: I spent a year in australia on student visa, got back to the czech republic to finish uni and applied for de facto 309 visa. Over the time of separation my partner flew 4times to see me. Its been a year and 5 months...the longest year in my life... we can apply for review to MRT, but I assume this will take forever and will require more evidence, which of course we wont have as living in two different countries. Could please someone help me, give advice what to do? I cant stand more time of separation its been extremely frustrating. Can I apply for tourist visa straight away? is there any other option? is there a way of how we can be together?  please help...greatful for any tips, experience, idea...


----------



## aussiegirl (Dec 15, 2009)

If you really want to be together, maybe you could consider a PMV (fiance visa). This doesn't require a minimum time living together. I know you may not want to take such a big step so soon, but as you have said, there is a big chance the request for review would still end up with a rejection.

Alternatively, can you get a working holiday visa, or student visa? This woud allow you to spend a longer period of time together before maybe trying to lodge another partner visa onshore.


----------



## radinkas (Nov 26, 2011)

thanks for your response...PMV would be really a big step..we would prefer to have a chance to have a natural developement of the relationship...I am afraid it would be too suspicious to apply for student/touristic visa and that it would be refused. Does anyone know how they look at it? unfortunately I am from slovakia (considered high risk country) and we dont have a work and travel visa option


----------



## bma (Sep 28, 2011)

radinkas said:


> Hi all,
> 
> I am in a desperate situation. I applied for a de facto visa with my partner and it was refused due to the lack of evidence in financial commitment aspects... To shorten the story: I spent a year in australia on student visa, got back to the czech republic to finish uni and applied for de facto 309 visa. Over the time of separation my partner flew 4times to see me. Its been a year and 5 months...the longest year in my life... we can apply for review to MRT, but I assume this will take forever and will require more evidence, which of course we wont have as living in two different countries. Could please someone help me, give advice what to do? I cant stand more time of separation its been extremely frustrating. Can I apply for tourist visa straight away? is there any other option? is there a way of how we can be together?  please help...greatful for any tips, experience, idea...


Hi Radinkas,
although your 309 was denied, you still of course have options to live together with your partner in Australia...

You mentioned your 309 was refused due to the lack of evidence in financial commitment aspects; find the information on the forum about what does that mean, check the partner migration booklet, check the threads of this forum,... There are really a lot of advices about how to prepare and present the application for a partner visa (309 or onshore 820).

I understand you want to move to Australia now that you graduated, and live together with your partner, right?

You could apply for eVisitor and I see no reason to be refused; after all you're not breaking any law, you're going there to visit somebody, you will not overstay your visa, you will not work, you'll be a tourist, ...
Sometimes eVisitor doesn't get approved automatically and people get asked what is their intention of the visit, what their plans are, do they have a job in a home country, etc (a mate actually needed to send additional information and then got her visa approved).
Once your eVisitor is approved, you will know if it comes with "No Further Stay" condition; if not, you would be able to apply for onshore partner visa (820 visa). If it comes with "No Further Stay" condition, you would have to leave Australia again and lodge the application for 309 again.

From what I've read so far, there's no point in applying for onshore 820 or again for 309 unless you have the documents to prove the conditions in all 4 categories from the migration booklet.

If your relationship is genuine and long-term, I see no problems in getting to Australia eventually, but you will have to "commit" to each other. As you probably read in other threads, people have joint accounts, wills in each other favours, in short they prove their commitment to each other, whether they are married or not.
Check what financial commitment means (when applying for partner visa), and work on those things.

I suggest that you don't rush into anything, go through Partner Migration booklet thoroughly and then decide what your next step will be.
You can download the booklet here:
www.immi.gov.au/allforms/booklets/1127.pdf

Based on what I've read so far and based on information I got from my migration agent (about my case), I wouldn't apply for 676 tourist visa; I was told 676 for 6 months or more usually comes with a "No Further Stay" condition and that would just complicate things, wouldn't it? The eVisitor is for a year, but you need to exit Australia every three months; but you get to stay with your partner and can get proof you need for your partner application to be successful. As I mentioned before, also eVisitor might come with "No Further Stay" condition, but there's less chance for it.

In my opinion, do the research, explore all your options, and then apply for necessary visas (eVisitor, or 309, or 820, or 676, ...).

I am not a migration agent and this is only my opinion...

Kind greetings,
bma


----------



## radinkas (Nov 26, 2011)

Thanks bma, we might as well try visitor visa.. even though we followed up the booklet we couldnt really do much about joint bank accounts as we arent in the same country and werent smart enough to do so when living together in australia...  even though we proved 4 different vacations together and proved expenses sharing there, bank account statements showing movements between our accounts etc... it wasnt enough. If only she indicated that there is something missing we would have come up with some solution but she always claimed she got everything she needed (((

is there some compulsory waiting period between lodging applications?


----------



## bma (Sep 28, 2011)

radinkas said:


> Thanks bma, we might as well try visitor visa.. even though we followed up the booklet we couldnt really do much about joint bank accounts as we arent in the same country and werent smart enough to do so when living together in australia...  even though we proved 4 different vacations together and proved expenses sharing there, bank account statements showing movements between our accounts etc... it wasnt enough. If only she indicated that there is something missing we would have come up with some solution but she always claimed she got everything she needed (((
> 
> is there some compulsory waiting period between lodging applications?


So you were following the booklet, besides you proved vacations together, movements between the account, etc...
I've checked many many threads on this matter, but I wouldn't know by heart what other important evidence was supposed to be missing. My partner will lodge his partner application in 2012, so we haven't lodge the application yet, but we're gathering all the possible information.

I know about eVisitor and 676 visa, because we were looking for the best way to apply and have also spoken to a migration agent about it.

I hope SarahM http://www.australiaforum.com/members/sarahm.html and others who regularly give competent advices on this forum pick up your thread and give you better answers to your questions...

But do get the information first and then plan your next step.

Good luck,
bma


----------



## bma (Sep 28, 2011)

By the way, were you ever talking about getting married? Besides 309 and onshore 820, there's also a PMV - Prospective Marriage Visa (Subclass 300), prospective marriage visa...
Good luck with your search for the information and everything, I hope somebody else replies to this thread...


----------



## Nelly87 (Jul 3, 2011)

I just want to say thank you for sharing your story with us, and thank you to those who answered for providing the information.

So far I have only found myself reading about either pending or approved applications, I don't really have any realistic insight into the failure rate of applying for a partner visa. I have this long list of things I would need to provide and can't see any reason why it would fail - which makes me nervous because then why is it considered such a hard process? 

I really hope you find another way to stay with your partner. My partner and myself will be considering a partner visa in the long run, and already know we will get married sooner or later, but we never thought that that would have any influence on the visa. Food for thought!


----------



## radinkas (Nov 26, 2011)

thanks Nelly87,

wish you all the best with your application. I still believe that there must be a way how to be with my partner. He is going to see an agent in australia tomorrow so hopefully we will get some advice and I will post it straight away here for those (and hopefully there are not many) in a similar situation...

i think we were very unlucky as our agent never communicated to us that there could be a problem. From what I see it is very rear approach...

good luck guys with this long distance struggle!


----------



## bma (Sep 28, 2011)

Hi Nelly87 and Radinkas,
good luck to you both and thanks for sharing the information and advices.
All the best,
bma


----------



## radinkas (Nov 26, 2011)

after an intensive research - we are still on two options: visitor or student. However, it seems that with visitor I will definitely get 'No further stay'  
Most likely I will get it with my student visa (Higher education - assessment level 1 though) as well, won't I? any experience with this? 

Does anyone know if it is possible to get around 'no further stay' once getting it? i.e. how does the working visa for people who get some degree in Australia work? Does 'no further stay' apply to this as well? 

I always come across some more and more complications


----------



## bma (Sep 28, 2011)

radinkas said:


> after an intensive research - we are still on two options: visitor or student. However, it seems that with visitor I will definitely get 'No further stay'
> Most likely I will get it with my student visa (Higher education - assessment level 1 though) as well, won't I? any experience with this?
> 
> Does anyone know if it is possible to get around 'no further stay' once getting it? i.e. how does the working visa for people who get some degree in Australia work? Does 'no further stay' apply to this as well?
> ...


Who told you that you will get "No Further Stay" on your eVisitor? Migration agents or did you read that on the forum? Because I was told there was more chance of not getting the NFS on my partner's eVisitor than getting it (we will know in January). And we are from a pretty similar country than you are (also Eastern block, that means high risk).

Considering that you don't want to apply for PMV, the options are really more or less only two:

- you enter on eVisitor; when you apply, you will see if it comes with NFS condition; as you know, eVisitor is for a year, but your longest stay can be 3 months each time. I don't know whether 3 months mean from 21st of April to 21st July for example, or 90 days. Just in case, exit Australia a few days before those 3 months. I've read on the forum that you need to stay out of Australia for 3 business days.

You have to follow this even if your eVisitor comes with no NFS. If you're in Melbourne or Sydney, cheap flights are to New Zealand, if you're in Perth, there are really cheap flights to Bali. Note that one exit will cost you at least 350 - 900 AUD for a return flight ticket, depends on where you'd live. If you know anybody in those countries around Australia, it's worth to pay a bit more for the ticket and then stay there a week for free.

With or without NFS, you would have a year to think about the proper approach to a new - de facto - visa application and plenty of time to collect and prepare the evidence.

Bear in mind, you will only be a tourist in Australia, no work rights, and you have to obey the rules of the eVisitor.

If you get NFS, you could then leave Australia, send an 309 application from a country nearby, or perhaps even fly back to your home country to file an application; once the application was lodged, you would probably be able to get another eVisitor and wait for the decision in Australia...

Advantages of this solution:
- you get to be with your partner, you can collect evidence for your 820or 309 application.

Disadvantages
- high cost; you have to exit Australia every 3 months for 3 business days,
- you can't work

----

Then there's another option: student visa. It allows you to work 20 hours a week.
But, you'd have to find a proper course for all the time needed, that can be pretty expensive, check it out.... And you have to study, otherwise you get kicked out...

This is my humble opinion, based on what I've read so far, I am no migration agent so this is only my opinion and not an advice.

Good luck!


----------



## radinkas (Nov 26, 2011)

thanks for your reply! the info re 'NFS' is not confirmed by any agent (just people talk ) my friend i.e. got it with her Visitor (she was never in australia before and still...) But thanks for making some things more clear to me. I didn't know I can come back after my visa expires (and we have enough evidence), lodge de facto again and then apply again for visitor if this was a case..many thanks

I may go for a student visa so that I don't waste my time by not doing anything for a year if I can find master degree for a reasonable price that wont ruin us


----------



## bma (Sep 28, 2011)

radinkas said:


> thanks for your reply! the info re 'NFS' is not confirmed by any agent (just people talk ) my friend i.e. got it with her Visitor (she was never in australia before and still...) But thanks for making some things more clear to me. I didn't know I can come back after my visa expires (and we have enough evidence), lodge de facto again and then apply again for visitor if this was a case..many thanks
> 
> I may go for a student visa so that I don't waste my time by not doing anything for a year if I can find master degree for a reasonable price that wont ruin us


this NFS on eVisitor seems like a lottery; some get it, some don't. we'll have our answer in january (my partner has never been to australia before) and i can let you know then...

well, 3 exits on eVisitor cost at least some 2400 AUD (tickets + hostel...) and you can't work for a year... besides you're "at home", don't meet many people, unless you socialize with people who have a similar profession and can help you find work once you have your de-facto visa granted...

i would explore study options definitely; i've heard the fees are really high, but i've also heard you can find some that are affordable.

keep us posted on your decision and good luck 

and don't forget about the evidence, collect it, save it...


----------

