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Refused Visitor Visa effect on a Permanent Visa applicaton
Old 14th November 2014, 03:23 PM   #1
nnr
 
Join Date: Nov 2014
Location: brisbane
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Default Refused Visitor Visa effect on a Permanent Visa applicaton

Hello,


I am hoping you can give me some advice on the following matter in regards to my parents visit/migration.



My original plan was to have them come here for a visit first (Sponsored Family Visa) and to apply for a permanent visa as well (Contributed Parent), I was going to lodge permanent application before they arrived for their visit or immediately after as I am aware that they couldn't apply while they were here due to visitor visa restrictions. They have been here before on the same Sponsored Family Visa.


Their visitor visa has been refused as they were deemed a flight risk due to: 1) not enough relatives remaining in their country of origin, 2) one of them is retired and another self-employed, 3) they are from Ukraine which currently has civil unrest (although it is not in the area where they live).


Can this refusal affect decisions in the future permanent visa application? Would you recommend to appeal? DIAC has included form 1026i with the letter of refusal which states that we can only apply for certain types of visa, parent visa is not listed in that form. Does it mean we can't apply for a permanent parent visa now?


Would the fact that they are from Ukraine affect decision making process in a negative way?


Also, I spoke to a migration agent and he wasn't sure about family balance test. I am my mother's only child from her first marriage, my step father has one child from his first marriage (estranged since early 1980s), my biological father has another child from his second marriage. The agent indicated that my biological father's children may be counted towards family balance test. Is that correct?


Thank you

Last edited by nnr; 14th November 2014 at 03:25 PM. Reason: spelling error
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Old 16th November 2014, 08:13 AM   #2
nvoorst
 
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Nick van Voorst van Beest Registered Migration Agent
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The refusal of the visitor visa should have no bearing on a future parent visa application.

Form 1026i refers to onshore applications by people who have had a visa refused or cancelled.

For Balance of Family test, see here:
https://www.immi.gov.au/migrants/fam...e-family.htm#a
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Old 16th November 2014, 01:44 PM   #3
nnr
 
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Thank you so much for your reply!

Quote:
Originally Posted by nvoorst View Post
The refusal of the visitor visa should have no bearing on a future parent visa application.
thank you, that's a relief

Quote:
Originally Posted by nvoorst View Post
Form 1026i refers to onshore applications by people who have had a visa refused or cancelled.
Fantastic! the wording of the form is confusing plus I wasn't sure why it was sent to us.

Quote:
Originally Posted by nvoorst View Post
For Balance of Family test, see here:
https://www.immi.gov.au/migrants/fam...e-family.htm#a
yes, I was aware of that page... if I am reading it right, my biological father's child from his second marriage shouldn't factor in as that child has nothing to do with my mother or my mother's current partner. The reason I got concerned about this because migration agent mentioned it, thought, to be fair they said they would need to research it.

Thank you again for your reply and clarification on these points,
Nat
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