martynbaker

Can anyone advise if a spouse visa that has not yet had a decision made upon it can be cancelled and reapplied for?

My reasons - my partner and I cannot give physical documents to show we have lived together for the 12 months prior, even though she was living with me. Before my 457 visa runs out there is a 2 week window that I dcould reapply and definately show 12 months cohabitation.

All I want to try and find out is:

a) has aoneone done this beofre
b) can it be done

Any info would be helpful

Martyn

Bibbs

Maybe speak to the person dealing with your application?

They *may* allow you to just put it at the bottom of the pile.

Pollyana

Contact DIAC and tell them you are withdrawing your application. You can then file it again when you are ready

martynbaker

Cheers Polyanna,

I'm awaiting vonfirm from an immi lawyer on this but I think this may be the route we take, ok it's another $2500 but in the long run we have the 12 month docs then and hoping I can keep my life I've set up here in Oz.

Pollyana

Don't see why it wouldn't work. I've seen people on here who are almost eligible for Spouse PR being advised to submit a fresh application in a few weeks once definitely eligible, this is really no different

JAJ

You definitely, absolutely need professional assistance - now. Call George Lombard in Sydney on 02 97990085.

You can withdraw your application without consequence other than having to a. pay a new application fee, and b. find yourself a new visa to keep yourself legal once your 457 expires. If you let yourself become illegal => generally, forget about switching status onshore and plan to go home to fix things offshore.

Also, if you let your existing application be refused (the spouse criteria is a "time of application assessment" so you have problems with this) then you may invoke a section 48 bar to stop you making a new onshore application.

Also, any particular reason why you are not pursuing permanent residence through your employment? May be quicker than a spouse visa. Or you could plan do do both and use whichever way is quicker.

martynbaker

My 457 visa runs out on 22nd Sept, we have docs (joint NSW bond board/joint rental agreement) to support us from 11th Sept 09, so we were looking at withdrawing application (which apparently can take a couple of weeks according to DIAC), try and get the supporting docs back as would need them for the new application and reapply/submit application between 12th-21st Sept, with my application being in DIAC's hands they will have to issue a bridging visa as of the 22nd, which in turn will keep me leagally in the country on my 457 visa until desicion is made