# 2nd whv refused - what now: Review Tribunal, Tourist Visa or early defacto?



## dippler (Jan 21, 2015)

Hello everyone,

I just received an email refusing me my 2nd year whv. I worked on a farm that has coped with many other 2nd year visa applicants but unfortunately when they filled out my form they wrote down that I have worked for 3-5 hours/day for 5 days/week. The requirements however state that to be granted a 2nd year visa the applicant has to work for 35-40hours per week. Do you think it is somehow possible to challenge their decision and to still grant me the 2nd year visa? I didn't fill out the form but of course I forwarded it, could I argue that I wasn't aware that they filled it out wrongly?

My current visa runs out in 10 days, and I have been in a relationship with my boyfriend for 4 month now and living together for 1.5 month. If we register the relationship now, would it be possible to apply for a defacto visa?? He will get his citizenship in a few month but he has already sponsored someone 4 years ago (the requirement is that you can' sponsor someone on a defacto visa within 5 years).

The other option would be to leave the country and to come back on a tourist visa just to give us more time to live together. However, after being refused my 2nd year visa, would they actually grant me a tourist visa? I do not want to get a ban.

I now there are quite a few questions for a single thread but since I'm running out of time and I am going a bit crazy after noticing that a small mistake just made my life so much more difficult.

I appreciate any kind of help. Thank you in advance


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## bee14 (Dec 13, 2014)

dippler said:


> Hello everyone,
> 
> I just received an email refusing me my 2nd year whv. I worked on a farm that has coped with many other 2nd year visa applicants but unfortunately when they filled out my form they wrote down that I have worked for 3-5 hours/day for 5 days/week. The requirements however state that to be granted a 2nd year visa the applicant has to work for 35-40hours per week. Do you think it is somehow possible to challenge their decision and to still grant me the 2nd year visa? I didn't fill out the form but of course I forwarded it, could I argue that I wasn't aware that they filled it out wrongly?
> 
> ...


Hi Dippler,

I also had a 2nd whv and I know about the requirements. Unfortunately, a decision on your visa was made. Your only choice concerning your whv is lodging an appeal. It cost a bit of money and can take months and you should only do it when the information on your form was really filled in by your employer incorrectly. Otherwise you'll be asking your employer to lie.
MRT-RRT - Applying for review

Application Partner Visa: You stated that your boyfriend sponsored someone 4 years ago. Did the sponsorship have to do with the Partner or Prospective Marriage Visa? If yes, you won't fulfil one of the requirements and therefore they will reject a partner visa application at the moment.

Limitations on sponsorship: 
You cannot be a sponsor if you:
- were sponsored for a Partner or Prospective Marriage visa within the last five years
- have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
- have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the last five years.

Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

Tourist Visa: You can apply for a tourist visa but it is possible that they reject it as well. A friend of mine had her tourist visa rejected six months after she had left Australia (she was on a whv before). They asked her for her ties to her country (proof of a job she has to return to after her holiday in Oz, flat or house she rents in her home country, etc.). She couldn't give proof so no visa.

Other options you can look into: Apply for a student visa or work visa.

_________________
Visa: Subclass 300 (PMV)
Nationality:Germany
Applied: Online, Berlin
Application Date: 17 September 2014
Case Officer Assigned: 28 October 2014
Application: Pending


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## Engaus (Nov 7, 2013)

bee14 has pretty much covered it all. I just thought I would reiterate some things 

In your refusal letter did they advise you that you can appeal the decision? You don't have to go through MRT for all visa refusals. But you also don't have grounds for appeal for all visas.

If you did manage to appeal the decision would you have proof from your employer that they made a mistake and should have written 35-40 hours? At the end of the day their decision was correct because you didn't supply the correct information so I don't know what grounds you may have.

Even if you have registered your relationship you will need a lot of proof which will be very hard to obtain if you have only lived together for 1.5 months and been together for only 4. Do you have joint finances? Do you have joint commitments? Do you have proof of a joint household? Most good MARA agents suggest you live together for 6 months before you apply for a partner visa even if you have registered your relationship because it's very hard to prove your relationship is genuine and ongoing having only been together for 1.5 months (anything prior to this they generally consider dating).

Along with that, if your partner previously sponsored someone for a partner visa (820/801 or 309/100 or 300) and it was approved then he cannot sponsor anyone else for 5 years from the *application date* of his last partner visa.

Getting a tourist visa will be very difficult now given you have a rejected WHV. I don't know if I can say it's impossible but you will need a lot of proof that you will return home and that you don't plan on applying for a partner visa onshore -which is exactly what you want to do lol.

I would speak to a MARA agent for a quick consultation - it will cost you a few hundred dollars - but they might be able to put you on the right track. And give you some pointers on your chances of getting a tourist visa and evidence you can supply for strengthen your application.


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## wrussell (Dec 31, 2014)

From what has been posted a review application, followed by an onshore partner application might be the way to proceed. I suggest you consult a registered migration agent for advice about strategy and budget.


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## MarkNortham (Dec 19, 2012)

You will want to make sure you understand all of the requirements, especially the Schedule 3 (of the Migration Regulations 1994) criteria, of lodging an onshore partner visa while you're holding a bridging visa (if that is the case) - the recent toughening of policies by DIBP in this area has made it much more difficult in many cases to get partner visas through that require a waiver of Schedule 3.

Hope this helps -

Best,

Mark Northam


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