# Spouse visa rejected



## Babybah (Nov 26, 2009)

Hi,
Does anyone know if it you can apply again for a spouse visa if your spouse visa is rejected?


Any advise in regards to where to go from here would be greatly appreciated.
Kind Regards,
Nina


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## Lenore (Oct 16, 2009)

I am so sorry, that is heartbreaking news for you 

I am not sure if you can re-apply for a spouse visa, maybe someone else here will know.

The Migration Review Tribunal maybe is a better option, from what I have read they are thorough and examine all your evidence BUT it takes awhile about a year as they have a backlog.


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## MaryB (Dec 16, 2009)

that's a real bummer. so sorry to hear

hopefully someone on this forum can help. otherwise you could try contacting Robert Chelia -not sure if this spelling is correct. I think he is a migration agent but not sure - spotted his name on another forum (migrationhelp.com.au) -he had a blog about cultural sensitivities in marriage and immigration bias and stuff like that. he seemed pretty clued up about MRT and appeals and things. worth a shot if you get no other help.

good luck


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## xdorota (Dec 1, 2009)

Hi Babybah,
I am really sorry to hear this, it happens to quite a lot of people. Yes, you can apply again, I have just assisted another agent with such an application (I am an agent and a solicitor). In that case, though, there was a reason for refusal (invalid marriage ceremony) and that was fixed, so the client decided to re-apply as it was less risky than MRT (in his case).
If you apply to MRT you might get a hearing in about six months, if lucky, but then they would only decide on the one issue - whether the marriage is genuine (if this was the issue that he was rejected on). Then the matter will be referred back to the Embassy for consideration of all the other criteria (health, crim record). If they have already rejected your husband they might be nasty and take a long time, even though there will be a different officer considering the matter, but it is a small world within an embassy.
MRT takes time, but if you win you will at least get your fee refunded. If you apply again, you'll have to pay again. If you are genuine then MRT should be a success.
You might consider getting your husband to Australia on another visa. I think Egyptians are not eligible for ETA or eVisitor (electronic visas), which would be the best option. He might have difficulty getting another visa if he has a wife in Australia. If he could get a student visa (he'd have to pay for a course, though, and show funds to support himself) he could apply for a spouse visa after his arrival and wait here, at least you wouldn't be separated (I am not sure whether he has a chance of getting a student visa if he has a wife in Australia and has been rejected PR - i'd have to check). A normal visitor visa is likely to have a condition imposed that he is not to apply for any further visa, so this might be risky in that he would have to go back (unless there was a substantial change in circumstances after the condition was imposed and you could have the condition waived). Can you tell us why you applied off shore, did he have problems getting to Australia on another visa?
You asked for options, this is all I can think of. Without any further details my preliminary assessment is that you should apply to MRT, as it seems to be your best option. You have 28 days to apply and don't want to lose your time and chance whilst looking at other options.
Lots of good luck
Dorota Sokolowski
MARN 0957526


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## Wanderer (Jun 16, 2007)

It's certainly not an easy situation to deal with Babybah,

On face value, a harsh decision and not that I have ever had anything to do with the MRT, I'd tend to think that reapplying for another visa could still just land you with the same or similar attitude.

At least as xdorota indicates, the MRT will be reviewing the decision for the refusal and I doubt that people will be unduly resistant to reprocessing the visa.

May I ask whether the MO was an Australian or a locally employed person for a local could have a particular attitude.

In going the MRT route, it may be best that you consult with an Australian firm and a separation will likely be unavoidable for the time being.


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## trishher (Mar 3, 2010)

Im sorry to see what you are going through babybah.my husband is from morroco his spouse visa was refused also.we are going through the tribunal.I feel for you


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## Babybah (Nov 26, 2009)

trishher said:


> Im sorry to see what you are going through babybah.my husband is from morroco his spouse visa was refused also.we are going through the tribunal.I feel for you


Hi Trishher,
Thank you for your kind words, I feel for you also! 
It has been the worst experience of my life and put me through so much mentally and physically ~ my hair has been falling out and all sorts of things, my body just isnt coping at all at with this situation. Feel free to email me privately if you like! 
Take care
Babybah


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## JMC (Mar 10, 2010)

This hopefully answers my question, so thank you.

My application got knocked back today, with no definite explanation, just a photocopy of three pages of requirements.

I have had to wait for a mediacal exam for two months, and have since gotten a referral for a cardiology exam due to a high BP reading, but that exam is more than another month off.

It kills me that I got a decision already. I'm hoping that going through the MTR will get me a better experience, as by then I'll have all the medical taken care of, and whatever else they need hopefully.


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## trishher (Mar 3, 2010)

Babybah said:


> Hi Trishher,
> Thank you for your kind words, I feel for you also!
> It has been the worst experience of my life and put me through so much mentally and physically ~ my hair has been falling out and all sorts of things, my body just isnt coping at all at with this situation. Feel free to email me privately if you like! Did you go through the Egyptian embassy? I think people from Morrocco do, not sure though...
> Take care
> Babybah


hello babybah yes sorry to hear about your health.It is a stressful thing to go through your right.We did go through the embassy in egypt.so strange I had to get a letter from them for permission to marry my husband and then now have to prove we are genuine.All because we didnt marry in morocco and have a huge wedding exchanging gold ect. we have a tribunal hearing on the 21st april. God bless


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## Babybah (Nov 26, 2009)

trishher said:


> hello babybah yes sorry to hear about your health.It is a stressful thing to go through your right.We did go through the embassy in egypt.so strange I had to get a letter from them for permission to marry my husband and then now have to prove we are genuine.All because we didnt marry in morocco and have a huge wedding exchanging gold ect. we have a tribunal hearing on the 21st april. God bless


Hi trshher,
That is strange that you had to get permission from them?!?
I know of another lady on another forum who also has been rejected and it was by the same and was a very unfair decision also.
Good luck with your hearing I'm sure it will go well for you =)
God Bless x


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## trishher (Mar 3, 2010)

Babybah said:


> Hi trshher,
> That is strange that you had to get permission from them?!?
> Egypt is one of the worst embassy's to deal with, I know of another lady on another forum who also has been rejected and it was by the same SMO and was a very unfair decision also.
> Good luck with your hearing I'm sure it will go well for you =)
> God Bless x


thankyou babybah goodluck with everything also god bless


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## trishher (Mar 3, 2010)

Babybah said:


> Hi trshher,
> That is strange that you had to get permission from them?!?
> Egypt is one of the worst embassy's to deal with, I know of another lady on another forum who also has been rejected and it was by the same SMO and was a very unfair decision also.
> Good luck with your hearing I'm sure it will go well for you =)
> God Bless x


thankyou babybah I can believe that about the embassy the SMO must have just looked at our evedince breifly becaus she made errors in her coments more than once. Goodluck also God bless.


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## Babybah (Nov 26, 2009)

trishher said:


> thankyou babybah I can believe that about the embassy the SMO must have just looked at our evedince breifly becaus she made errors in her coments more than once. Goodluck also God bless.


The exact same thing happened to us trishher, the SMO put down questions in our rejection letter and answered them and they weren't even ask at our interview. And lots of mistakes were also made. I've sent you an email, not sure if you received it or not? take care


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## vodka13 (Mar 30, 2010)

xdorota said:


> Hi Babybah,
> I am really sorry to hear this, it happens to quite a lot of people. Yes, you can apply again, I have just assisted another agent with such an application (I am an agent and a solicitor). In that case, though, there was a reason for refusal (invalid marriage ceremony) and that was fixed, so the client decided to re-apply as it was less risky than MRT (in his case).
> If you apply to MRT you might get a hearing in about six months, if lucky, but then they would only decide on the one issue - whether the marriage is genuine (if this was the issue that he was rejected on). Then the matter will be referred back to the Embassy for consideration of all the other criteria (health, crim record). If they have already rejected your husband they might be nasty and take a long time, even though there will be a different officer considering the matter, but it is a small world within an embassy.
> MRT takes time, but if you win you will at least get your fee refunded. If you apply again, you'll have to pay again. If you are genuine then MRT should be a success.
> ...


hi, i got interested when i read that ur an agent. my husband and i have a different situation. my spouse visa application got approved but i am under the probationary period yet and our problem is my husband is working as an expat right now here in my country. so is it okay to be living outside australia while im in a probationary period or is it better that i'll live in australia and be separated for a while with my husband? how long is the required period that i have to stay in aus so my spouse visa won't get canceled or refused? i hope somebody can answer my question. thank you.


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## interested (Mar 7, 2010)

*have u had a positive result now?*

Hello,

I am just wondering what has happened for your case?

Also, what is considered a big enough wedding to make it genuine? What if you wish to have a small wedding???

I would like a simple wedding, why would this mean the relationship is not genuine...


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## aussiegirl (Dec 15, 2009)

I can't believe that not having a big wedding lavished with gifts of gold could be assessed not having a genuine relationship! This is clearly a case of cultural and personal bias getting in the way of fair and lawful assessment according to DIAC protocol.

I really feel for those of you who have to battle it out at the MRT. And I especially hope that the Embassy in Egypt gets a huge shake up and firing of incompetent staff as a result of all the trouble they have caused.


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## trishher (Mar 3, 2010)

interested said:


> Hello,
> 
> I am just wondering what has happened for your case?
> 
> ...


by my own situation if we would have had a big wedding ceromony exchanging gold ect with a wedding celebration my husbands visa would have gone through.because we chose a simple way we are being questioned.It isnt fair not all couples want that and what about those who cant afford it


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## trishher (Mar 3, 2010)

I hope everyone here is having positive results.my heart goes out to you all.


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## Wanderer (Jun 16, 2007)

Babybah said:


> The exact same thing happened to us trishher, the SMO put down questions in our rejection letter and answered them and they weren't even ask at our interview. And lots of mistakes were also made. I've sent you an email, not sure if you received it or not? take care


Babybah and Trishher, if you're still over in that part of the globe or even back here waiting, I mentioned earlier about possibility of local attitudes and have either of you by any chance attempted to get an interview with more senior people at the embassy, essentially an Aussie to show up the type of questions and errors etc.


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## Wanderer (Jun 16, 2007)

vodka13 said:


> hi, i got interested when i read that ur an agent. my husband and i have a different situation. my spouse visa application got approved but i am under the probationary period yet and our problem is my husband is working as an expat right now here in my country. so is it okay to be living outside australia while im in a probationary period or is it better that i'll live in australia and be separated for a while with my husband? how long is the required period that i have to stay in aus so my spouse visa won't get canceled or refused? i hope somebody can answer my question. thank you.


Vodka,
Xdorota isn't about much these days
But on the Visa grant letter there should be a reference re latest entry by such and such a date and it might also say but not before your Aussie hub.

That effectively means if you were not in Australia for the grant of the visa or have not been back to Australia since the grant offshore, you both will need to be making a trip before the latest entry date unless you can get an extension.

I am not aware if that is possible and you should contact Immigration but even if it is possible, you would likely need to get new medical and police checks.

Easiest solution would be to make the trip here for a short work holiday break so as you have validated the visa and then you both can return to working abroad and the permanent status can be granted whilst you're abroad.


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## simoutina (Apr 10, 2010)

Wanderer said:


> Babybah and Trishher, if you're still over in that part of the globe or even back here waiting, I mentioned earlier about possibility of local attitudes and have either of you by any chance attempted to get an interview with more senior people at the embassy, essentially an Aussie to show up the type of questions and errors etc.


Hi Wanderer

The person who interviewed babybah, trisher and myself was an CO who is an aussie and she is the senior person in charge just under the head person from the embassy the others are all under her and they only do what she asks them to.

I just think we all need to put in a complaint so Immigration in Australia can see how many rejections she does put through and change the way they are running it in Egypt....


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## Babybah (Nov 26, 2009)

Wanderer said:


> Babybah and Trishher, if you're still over in that part of the globe or even back here waiting, I mentioned earlier about possibility of local attitudes and have either of you by any chance attempted to get an interview with more senior people at the embassy, essentially an Aussie to show up the type of questions and errors etc.


Hi Wonderer,
The SMO in question was an Australian and so is the PMO and they are both as bad as each other, well actually i've heard the PMO is worse.
So where do you go when there's no where to go??


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## joutzen (Jun 23, 2010)

Hi Trishner
My husband is from North Africa and has applied for the spouse visa. 
Did you end up getting the visa?
Just wondering what processes you had to go through, and why / who rejected the visa.
Thanks.


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## trishher (Mar 3, 2010)

joutzen said:


> Hi Trishner
> My husband is from North Africa and has applied for the spouse visa.
> Did you end up getting the visa?
> Just wondering what processes you had to go through, and why / who rejected the visa.
> Thanks.


hi joutzen no still no visa yet go back to the MRT on wednesday CO was mary her reason given was no traditional moroccan wedding........not genuine basicaly


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## Skydancer (Jun 3, 2010)

Trishher, are both of you of Morroccan descent? If not, why would having a non traditional wedding be so unusual? That is not proof of a fake relationship! Might there be some other matter that is making the case officer suspicious? If visas are rejected for that reason, then ours will not be approved also, as we married in a simple non religious way, instead of the full traditional hindu ceremony. Even if you are both Morroccan, surely you still have the right to choose any kind of wedding without being labelled frauds!

I wish you best of luck, may common sense and decency prevail!

Stay brave... you will get there


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## trishher (Mar 3, 2010)

Skydancer said:


> Trishher, are both of you of Morroccan descent? If not, why would having a non traditional wedding be so unusual? That is not proof of a fake relationship! Might there be some other matter that is making the case officer suspicious? If visas are rejected for that reason, then ours will not be approved also, as we married in a simple non religious way, instead of the full traditional hindu ceremony. Even if you are both Morroccan, surely you still have the right to choose any kind of wedding without being labelled frauds!
> 
> I wish you best of luck, may common sense and decency prevail!
> 
> Stay brave... you will get there


hi skydancer I am an australian citezen.the reason given was the non traditional wedding.my husband is from morocco.Most of my par tof the interview with the MRT was foccused on just that.It seems an issue with us.I will know more tomorrow after the second MRT.We both went to egypt and married.I wonder though why the wifes feelings are not considered.When my husband was questioned about getting married without his family and friends present it was like a crime had been comitted.it didnt seem an issue that my own family and friends wasnt with us.In the end isnt the couples right to do what they want to do.


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## Lana (Jun 29, 2010)

trishher said:


> by my own situation if we would have had a big wedding ceromony exchanging gold ect with a wedding celebration my husbands visa would have gone through.because we chose a simple way we are being questioned.It isnt fair not all couples want that and what about those who cant afford it


so do you have to have a ceremony to prove that you are married? wasnt the signed married papers enough? because that obviously proves that you are both married? because i was considering this visa and if i got married i would just be signing the papers with a little celebration... would this not be sufficient enough?


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## trishher (Mar 3, 2010)

Lana said:


> so do you have to have a ceremony to prove that you are married? wasnt the signed married papers enough? because that obviously proves that you are both married? because i was considering this visa and if i got married i would just be signing the papers with a little celebration... would this not be sufficient enough?


Hi lana you would think the papers was enough but it seems more is needed.I cant understand if its what the couple prefers then isnt that whats matters. also


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## Lana (Jun 29, 2010)

trishher said:


> Hi lana you would think the papers was enough but it seems more is needed.I cant understand if its what the couple prefers then isnt that whats matters. also


if u dont mind me asking where was this, what country ??? because i think that is really wrong for them to say that and i really feel for you and i am also considering doing the same thing but i'm in Australia, Sydney.


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## trishher (Mar 3, 2010)

Lana said:


> if u dont mind me asking where was this, what country ??? because i think that is really wrong for them to say that and i really feel for you and i am also considering doing the same thing but i'm in Australia, Sydney.


 went to the MRT today for the second time.the first hearing went for 3 hours this one for 5.my husband is from Morocco.believe me most of the interview was again as the first...why didnt we marry in Morocco and have a family wedding with celebrations ect.It doesnt seem to matter that we didnt want that.we are being victemised because of this.My husband is being seen as not being genuine just on this reason. even to the point of the member at MRT rudely suggesting my husband is ashamed of me.we have been given yet again another 4 weeks to produce more letters from family stating(from morocco)that they gave us their blessing to marry outside morocco.We dont see what the problem is.I am in Australia my husband stuck in Lybia working.I cant believe it took another 5 hours on the same question..


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## Lana (Jun 29, 2010)

trishher said:


> went to the MRT today for the second time.the first hearing went for 3 hours this one for 5.my husband is from Morocco.believe me most of the interview was again as the first...why didnt we marry in Morocco and have a family wedding with celebrations ect.It doesnt seem to matter that we didnt want that.we are being victemised because of this.My husband is being seen as not being genuine just on this reason. even to the point of the member at MRT rudely suggesting my husband is ashamed of me.we have been given yet again another 4 weeks to produce more letters from family stating(from morocco)that they gave us their blessing to marry outside morocco.We dont see what the problem is.I am in Australia my husband stuck in Lybia working.I cant believe it took another 5 hours on the same question..


wow i feel for you =( ... so you had a small celebration in Australia and they're saying why didnt you have it in Morocco??? sorry for asking, it's just that im considering doing the same thing and im in Australia and my partner is in a different county so just a bit concerned because you sound like you're in a similar situation


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## trishher (Mar 3, 2010)

Lana said:


> wow i feel for you =( ... so you had a small celebration in Australia and they're saying why didnt you have it in Morocco??? sorry for asking, it's just that im considering doing the same thing and im in Australia and my partner is in a different county so just a bit concerned because you sound like you're in a similar situation


we decided to go to egypt to marry and have a honemoon there,who would have thought doing this would bring such pain.if my husbands family have no problems with this and my own family in australia both who gave their blessings from the heart then I dont understand why this has happened


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## Becky26 (Jun 18, 2013)

Hi guys!!

I feel for all those who are asked to prove things about their relationship that don't really matter. 
I'm a victim myself. The DIAC in Brisbane rejected my de-facto visa application just because the Compliance Office at the Immigration Office did not collect any evidence of my husband's and my relationship. We lost $3060 and I was asked to re-apply from offshore. 

SO because of the mistake of the officer who is at the DIAC office, my husband and I had to leave Australia and fly to India. 

This whole process has been so expensive, mentally depressing and physically draining that I can't put it in words 

All this just makes me think is even after the world being so globalized, people who love each other and actually committed to each other are being forced to separate from each other.

What kind of Immigration law is that? Breaking families and destroying lives of those who in the end don't end up getting a visa to Australia, are they meant to fly to one another's country to see each other for the rest of their lives? 

While on the other hand, people who actually pay other people to get married just to get PR, get everything done so easy. I have literally heard stories of such people myself and it just leaves me thinking, why do honest people end up having to suffer? and go through the harsh heart breaking separation.

After reading this thread, I'm now scared. Because my husband and I got married at the Registry with about 10 friends present at the ceremony.

I'm Indian (Christian). My parents weren't able to fly to Australia and it is not cheap;they had been helping me financially, my dad works so it was really short notice for my parents to apply for tourist visa for the two of them and organize themselves.
Indian weddings are known to be grand and last for days. But I was never a fan of such weddings. I love small church weddings. And because we couldn't get a church booked in time, the only option for us was to get married at the Registry, so we planned when we were more organized renew our vows with my parents in the coming future.

Because our de-facto application was denied, we didn't have a grand wedding either I'm scared of the same situation. Immigration could ask us why did we have such a small wedding. I wouldn't know what to do if they rejected our file again on the basis of not having a week long traditional wedding which to be honest, is a Hindu wedding. Christian wedding are church weddings, nothing too over the top.

Look forward to some suggestions.
Thanks for your help.

Kind Regards,
Becky


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## CollegeGirl (Nov 10, 2012)

I would think a reasonable answer would be "We lost quite a bit of money by having our first visa rejected, so we decided to have a small wedding and save up for a much bigger vow renewal ceremony later!"


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## sunnysmile (Oct 13, 2011)

CPRWIR said:


> Hire a professional lawyer in order to solve your problem.
> Thanks.


Do you think copy/pasting the same answer all over the forum and bumping old threads will help this people with their problems?


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## Becky26 (Jun 18, 2013)

Lol!!! Good answer sunnysmile 

Have heard some scary stories about immigration lawyers.


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## CollegeGirl (Nov 10, 2012)

sunnysmile said:


> Do you think copy/pasting the same answer all over the forum and bumping old threads will help this people with their problems?


Don't worry - spammers don't last long around here.


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