Spouse visas...dont know the answer to this one..
Dec 4th 2005, 2:21 am
#1
Thread Starter
Joined: Jan 2005
Location: Asia Pacific
Posts: 4,922
Spouse visas...dont know the answer to this one..
A close friend of ours came to Australia about a year ago and made application for an investment visa. For one reason or another the funds never showed up to support the application which was refused. An appeal has now been lodged and hopefully by the time its heard the funds will be available to support the application.
However, in the interim he has got married to an Australian citizen and now intends to make a spouse visa application. He is currently resident in Australia.
Am I right in thinking that there is a problem with this ? Specifically, if you have had a visa refused under a different category you cannot then apply for a spouse visa. The idea being that you cannot use marriage as way to obtaining residence after the refusal. Thats how I read it anyway.
Any light on this would be grateful. Ultimately I think he needs professional assistance and have said as much but I am curious now!
However, in the interim he has got married to an Australian citizen and now intends to make a spouse visa application. He is currently resident in Australia.
Am I right in thinking that there is a problem with this ? Specifically, if you have had a visa refused under a different category you cannot then apply for a spouse visa. The idea being that you cannot use marriage as way to obtaining residence after the refusal. Thats how I read it anyway.
Any light on this would be grateful. Ultimately I think he needs professional assistance and have said as much but I am curious now!
Dec 4th 2005, 2:23 am
#2
What's happening dudes?
Joined: Mar 2004
Location: Bayside Brisbane
Posts: 20,647
Re: Spouse visas...dont know the answer to this one..
Originally Posted by Centurion
He is currently resident in Australia.
......
Any light on this would be grateful. Ultimately I think he needs professional assistance and have said as much but I am curious now!
......
Any light on this would be grateful. Ultimately I think he needs professional assistance and have said as much but I am curious now!
Secondly, I think you're right. This sounds like it could get too tricky for a layman and professional advice might well be a good idea
Dec 4th 2005, 3:05 am
#3
Retired
Joined: Apr 2004
Posts: 34,649
Re: Spouse visas...dont know the answer to this one..
Originally Posted by Centurion
A close friend of ours came to Australia about a year ago and made application for an investment visa. For one reason or another the funds never showed up to support the application which was refused. An appeal has now been lodged and hopefully by the time its heard the funds will be available to support the application.
However, in the interim he has got married to an Australian citizen and now intends to make a spouse visa application. He is currently resident in Australia.
Am I right in thinking that there is a problem with this ? Specifically, if you have had a visa refused under a different category you cannot then apply for a spouse visa. The idea being that you cannot use marriage as way to obtaining residence after the refusal. Thats how I read it anyway.
Any light on this would be grateful. Ultimately I think he needs professional assistance and have said as much but I am curious now!
However, in the interim he has got married to an Australian citizen and now intends to make a spouse visa application. He is currently resident in Australia.
Am I right in thinking that there is a problem with this ? Specifically, if you have had a visa refused under a different category you cannot then apply for a spouse visa. The idea being that you cannot use marriage as way to obtaining residence after the refusal. Thats how I read it anyway.
Any light on this would be grateful. Ultimately I think he needs professional assistance and have said as much but I am curious now!
What kind of visa is he currently on?
If he is only on a bridging visa (or unlawful) and has had a visa refused since arriving in Australia, then he's likely subject to a bar on lodging a new application (even a spouse visa) while still in Australia. This occurs under section 48 of the Migration Act.
He definitely needs some good professional advice on the options. Which are basically to keep the current application going if it's likely to be accepted (a professional needs to assess that) or go offshore and apply for a spouse visa.
If you post on the immigration forum you may get further pointers.
Jeremy
Dec 4th 2005, 3:09 am
#4
Thread Starter
Joined: Jan 2005
Location: Asia Pacific
Posts: 4,922
Re: Spouse visas...dont know the answer to this one..
Originally Posted by JAJ
What kind of visa is he currently on?
If he is only on a bridging visa (or unlawful) and has had a visa refused since arriving in Australia, then he's likely subject to a bar on lodging a new application (even a spouse visa) while still in Australia. This occurs under section 48 of the Migration Act.
He definitely needs some good professional advice on the options. Which are basically to keep the current application going if it's likely to be accepted (a professional needs to assess that) or go offshore and apply for a spouse visa.
If you post on the immigration forum you may get further pointers.
Jeremy
If he is only on a bridging visa (or unlawful) and has had a visa refused since arriving in Australia, then he's likely subject to a bar on lodging a new application (even a spouse visa) while still in Australia. This occurs under section 48 of the Migration Act.
He definitely needs some good professional advice on the options. Which are basically to keep the current application going if it's likely to be accepted (a professional needs to assess that) or go offshore and apply for a spouse visa.
If you post on the immigration forum you may get further pointers.
Jeremy
Dont know the ins or outs of the case was just for my curiosity really. You've really confirmed what I thought.
Cheers mate.
