# Partner Visa Refused-What's next?



## stephl (May 19, 2014)

Hey everyone!
Just got the dreaded "refusal" email on 19/10/15 because of lack of evidence. I think I sent off a very bad application  without using an Immigration lawyer/Migration agent. 

Just wanted to get some information from anyone that has been in this situation and is able to offer any advice. Still in a bit of shock 

Thank you in advance for your help.


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## Mish (Jan 13, 2013)

Was it 309 or 820?

You can appeal to AAT but the wait is long. If 820 when you appeal you will get a bridging visa to be able to stay here.

I am sorry you got rejected.

You will need to make sure you address all the reasons for rejection when you appeal.


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## CCMS (Oct 10, 2013)

stephl said:


> Hey everyone! Just got the dreaded "refusal" email on 19/10/15 because of lack of evidence. I think I sent off a very bad application  without using an Immigration lawyer/Migration agent. Just wanted to get some information from anyone that has been in this situation and is able to offer any advice. Still in a bit of shock  Thank you in advance for your help.


Get professional assistance. This wouldn't have happened if you had done so in the first place.

The best way forward really depends on why your application was refused and if you actually met the requirements in the first place.

You either have to lodge an appeal or prepare a new application.


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## stephl (May 19, 2014)

It is a 820. Thanks so much Mish. Will start looking into that. 

I wish I would have recieved help in the beginning but I was very confident that I could do it on my own. Too late now to regret that decision. But will be getting professional assistance this time round


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## Pevs (Nov 24, 2014)

Hi stephl,

When you mention that your visa was refused due to lack of evidence. How much did you upload?


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## BROOKE93 (Oct 20, 2015)

Sorry to hear about your refusal! My boyfriend and I are looking I to apply for the same visa in the (hopefully) near future, but I think we'll have the same problem. What evidence did they say you were missing? Good luck on the second time around!


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## CCMS (Oct 10, 2013)

BROOKE93 said:


> Sorry to hear about your refusal! My boyfriend and I are looking I to apply for the same visa in the (hopefully) near future, but I think we'll have the same problem. What evidence did they say you were missing? Good luck on the second time around!


This is not the right way to go about it. You really should not rely on what someone else may or may not have provided.

What is needed is a systematic approach, ticking off the requirements one by one. It shouldn't be guesswork.If evidence is weak in one area it can possibly be compensated in another area.

Remember that every case is different and that what might work for one couple may not work for another.

If you are not sure how to go about it, you might be better off putting the application fee on a win/place at Saturday's horse races or the Melbourne Cup, as you might get better odds at the racetrack than at the DIBP.


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## LadyMamba (Jan 15, 2015)

Sorry to hear about that  Did they request you for further evidence beforehand? Or did they refuse it straightaway?


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## Becky26 (Jun 18, 2013)

Hey stephl,

I'm so sorry to hear about your refusal 
My husband and I were refused for the same 820 visa in 2012 because of the same reason "lack of evidence" to prove the relationship is genuine and continuing.
We were sent the decision via post which we never got so we ran out of time to apply for MRT which should be done within 28 days (if I'm right) from the date the decision is made. 

That was the only reason why we got rejected. We went offshore back to India and re-applied for the offshore partner visa in July 2013 with a huge file. Because they gave us a proper explanation of why they denied it, we got why they denied it. 
When we submitted our application again, the file was huge and when my husband and I were apart for close to a year, every 3-4 months I would send the case officer additional documents to prove that we both were in contact every day via whats app and Skype.
I had a go in for a 2 and a half hour face to face interview at the Australian High Commission with 2 case officers. And my husband was contacted later on for a phone interview 15 days before we got approved 
We didn't get a migration agent (not suggesting you do the same) but by the grace of GOD we rectified our lack of evidence mistake and got approved after almost 16 month wait.

I'm not sure but you should be able to lodge MRT and support your application with documents you were missing when you submitted your paperwork back then, if this is allowed.
Hope this helps. Good Luck!!

Kind Regards,
Becky


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## kittudawra (Aug 12, 2015)

i am really sorry to hear your visa got refused i m on the same boat it happens to me 18 months ago lack of rvidence was reason . still waiting for review


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## BROOKE93 (Oct 20, 2015)

CCMS said:


> This is not the right way to go about it. You really should not rely on what someone else may or may not have provided. What is needed is a systematic approach, ticking off the requirements one by one. It shouldn't be guesswork.If evidence is weak in one area it can possibly be compensated in another area. Remember that every case is different and that what might work for one couple may not work for another. If you are not sure how to go about it, you might be better off putting the application fee on a win/place at Saturday's horse races or the Melbourne Cup, as you might get better odds at the racetrack than at the DIBP.


I understand that. I was simply saying I don't think we have enough supporting evidence yet, and we're looking into what we can do to help our case over the next 12-18 months before we even apply. I'm here to get an idea how it's all worked out for other people in similar circumstances, (which I believe is the same reason a lot of people are on these forums) before we go through the process ourselves. I might not be sure how to go about it all just yet, but I'm not saying I was about to just apply with a 'please' and burn my money.


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