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serious visa confusion!
Old 25th May 2011, 02:01 AM   #1
gogopep
 
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Default serious visa confusion!

hello, firstly l would just like to say thank you so much to all the migration agents and other knowledgeable people who contribute to this forum.

l am an Australian female who met my partner in Turkey last july, we have been living together ever since, in Turkey and then in india. We applied for a tourist visa in january in delhi which after 4 months waiting was rejected. We were told that it may have been because we ticked the defacto box which made the tourist visa invalid. The form was confusing as the options on the form were; married, widowed, single, defacto, but no option for "l have a girlfriend', so we ticked the box that seemed the most appropriate, but were rejected.
Now we are just trying to figure out the best way to be together, l will be a full time student next year so there is no possibility of me travelling to turkey constantly. Our relationship is well known to friends and family and from our dealings with the high commission in new delhi our relationship history should be well documented on paper, however as we have never rented a house together, dont own property together, we are a bit worried. My mum and l will be visiting him in Turkey in August, and we would like to apply for a visa at the office in istanbul then.
My question is, do you think with the information provided we could meet the criteria for defacto status, and can anyone suggest steps we could take now to help an application?? eg. we could register the relationship, opening a bank account is it worth changing to a phone plan for the sake of keeping records?

l will be so grateful for any input.
thankyou
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Old 25th May 2011, 06:41 AM   #2
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-Keeping any type of records that will provide evidence of your relationship is a very good idea for starters.
-You can find some more information about the requirements for proving a de-facto relationship here : http://www.immi.gov.au/media/fact-sh...lationship.htm
-Have you considered getting married ? You could sponsor your partner on a prospective marriage visa, which then allows you 9 months to get married.

If you are unsure on how to proceed, it might be wise to engage a registered migration agent for advice. Refusals may result in a lot of wasted time, money and heart-ache.

Kind regards,
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re- confused
Old 25th May 2011, 02:07 PM   #3
gogopep
 
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Thankyou Nick for your prompt reply. We will try to get more of a paper trail asap. l have looked quite extensly at the immi.gov and other related websites, but am still quite confused.
In answer to your question, we have considered the prospective marriage visa, but we would really like to get married when we have the means to celebrate with all our friends and family. Is there a reason that the prospective marriage visa is so often recommended, is it much easier to get/faster to process? As we would love to spend christmas together in australia, could we apply for a tourist visa whilst a defacto/fiance visa is being processed? Alternatively maybe he could come here on a studnet visa, would our defacto status affect his application negatively.
l would certainly consider a migration agent because this whole process seems to be very complex, can anyone recommend one is sydney?

thankyou
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Old 25th May 2011, 06:27 PM   #4
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Quote:
Originally Posted by gogopep View Post
Thank you Nick for your prompt reply.
l would certainly consider a migration agent because this whole process seems to be very complex, can anyone recommend one is sydney?

thankyou
Even though I am not based in Sydney, feel free to contact me directly.

Physical location is not really an issue nowadays. Skype, e-mail etc. makes communication very easy.

Or you can check the MIA or MARA web-sites to find a list of registered migration agents.

Regards,

Nick
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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Old 25th May 2011, 07:10 PM   #5
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Many of us agents do work for people we never meet, and it's never a problem. I'm based in Manila. At least 1/2 of my clients are in Australia. And I meet only a few of them. In some ways it's more thorough, because most communication is by email and therefore MUCH harder to make mistakes and to leave out details.

Nick does a LOT of spouse work, and is a good man to deal with. You could do a whole lot worse!

Why PMV (fiancee) visas over spouse? Mostly it's because you can start the process straight away, and therefore less time waiting. And it's a lot less upsetting than to marry someone.....and then leave them! A lot of my clients will take this as a less stressful option, and then later go back in a year or so and do the big flashy wedding for the family and friends. At least then you have visa in hand, and you can marry without too much pressure on you.
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Old 28th May 2011, 10:13 AM   #6
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Be very aware you have had one visa application denied already. In my opinion, that makes it more difficult. As noted elsewhere on this site, it seems the department now have an investigation unit specifically to address the question of "marriages of convenience" - or make that "relationships of convenience" if you are not legally married. From my research and discussions with other professionals, the real incidence of sham relationships is miniscule - but it makes good press (and even better Hollywood movies). Then we end up having to battle the fallout!

I agree you would be wise to have professional assistance.
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Appeal lodged, December 13, 2010, Melbourne
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AHRC complaint lodged January 19, 2011
MRT Hearing date February 17, 2010
Appeal WON February 17, 2011
MRT Decision issued March 4, 2011
Notification of visa grant received May 25, 2011
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Old 28th May 2011, 04:24 PM   #7
nvoorst
 
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The reason the tourist visa was refused is because most likely your partner did not meet the "genuine visitor" requirements.

In itself that is not a problem. I had a client who lodged an on-shore partner visa, which was refused. After that she applied 3 times for a tourist visa and was refused every time.

I lodged a partner and a tourist visa for her, with a submission explaining the previous refusals and her circumstances and both tourist and partner visa were approved.

She spent several months in Australia on the tourist visa, while the partner visa was being processed, then went offshore for grant of the visa.
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