Visa Refused for my Spouse! :(

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Old Oct 9th 2013, 9:17 pm
  #16  
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by mrsgreenstar76
The CO has said that it doesn't sound like it's a genuine relationship, and so he or she must have suspicions of it being a possible visa scam. If you want to prove that it's a genuine relationship, you would be wise to employ the services of a MARA registered agent. This isn't something you should try to undertake yourself.

Have you never considered having your spouse visit you periodically in Australia (or vice versa)? That way you could build up time living together. Plenty of people have visited their spouses on tourist visas whilst waiting for their spouse visa to come through. Has she ever applied for a tourist visa to come to visit you in the three years since you've been married? If not, then it does look a little odd.

As I mentioned previously, you need professional assistance with this. You won't be able to just go to the office responsible for MRTs & just try to convince them. It needs a formal application, and someone who can present it in the best light for you.
Ok the tourist visa seems to be a good option to get the ball rolling while the case is in review at MRT.

Got few questions regarding this:

1 - Can I sponsor my spouse on a Tourist/Visitor visa or would she have to apply on her own.

2 - Is tourist visa quicker or a visitors visa

3 - Would it be easy to renew the Visitors visa after it's expiry while she is still living with me

4 - Her brother is an Australian citizen - can he sponser his sister (my spouse) on visit visa and would that be quick or time consuming

Please reply.

Thank you.
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Old Oct 9th 2013, 9:43 pm
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Default Re: Visa Refused for my Spouse! :(

If you lodge a MRT review application make sure you take steps to show that you are in a genuine relationship while you are waiting for a hearing. The MRT will take into account the nature of the relationship during this time. Consult a RMA who has run similar cases.
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Old Oct 9th 2013, 10:16 pm
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by RURUS
If you lodge a MRT review application make sure you take steps to show that you are in a genuine relationship while you are waiting for a hearing. The MRT will take into account the nature of the relationship during this time. Consult a RMA who has run similar cases.
This sounds a good suggestion for live2learn.
All the best
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Old Oct 9th 2013, 10:19 pm
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Default Re: Visa Refused for my Spouse! :(

How does one prove a genuine relationship in the case of an arranged marriage?
(This is more of a general question.)
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Old Oct 9th 2013, 10:54 pm
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by commonwealth
How does one prove a genuine relationship in the case of an arranged marriage?
(This is more of a general question.)
My wife lodged her visa application yesterday from Pakistan. Its a arranged marriage though we met twice last year.We got married 2 months back in a get together of friends,family and relatives from both the sides. After marriage i stayed around 2 months with my wife(Thanks to my company which provided me the flexibility to work from Pakistan around 5 weeks).

To prove marriage is genuine, we provided the following docs:

1) Attached the necessary docs to show that i stayed with my wife after marriage
2) Marriage certificate
3) Marriage registration certificate issued by National Database and Registration Authority (NADRA)
3) Pics of our wedding
4) Pics of all other parties & gatherings which attended together with family & friends.
5) Signed statements from us detailing the history our relationship
6) Joint bank account

As of my other friends experience above docs were good enough to prove the authenticity of the marriage & successful visa grant for their wives.

Last edited by Malikkhi; Oct 9th 2013 at 11:05 pm. Reason: more info
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Old Oct 9th 2013, 11:36 pm
  #21  
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by live2learn
Ok the tourist visa seems to be a good option to get the ball rolling while the case is in review at MRT.

Got few questions regarding this:

1 - Can I sponsor my spouse on a Tourist/Visitor visa or would she have to apply on her own. She wants the visa, so she applies

2 - Is tourist visa quicker or a visitors visa Same thing

3 - Would it be easy to renew the Visitors visa after it's expiry while she is still living with me Possibly. If there's no "No Further Stay" condition on the original tourist visa she may be able to apply for a spouse visa onshore.

4 - Her brother is an Australian citizen - can he sponser his sister (my spouse) on visit visa and would that be quick or time consuming See answer to Q1

Please reply.

Thank you.
You really, really need to seek that advice of a migration agent. If it were me I would contact George Lombard in Sydney.
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Old Oct 9th 2013, 11:38 pm
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by commonwealth
How does one prove a genuine relationship in the case of an arranged marriage?
(This is more of a general question.)
What do you mean? Of course an arranged marriage can be a genuine relationship. I work with at least 2 people who have been in arranged marriages for years. They have children and enjoy a marriage just like anyone else would.
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Old Oct 10th 2013, 3:29 am
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by Dorothy
What do you mean? Of course an arranged marriage can be a genuine relationship. I work with at least 2 people who have been in arranged marriages for years. They have children and enjoy a marriage just like anyone else would.
I think this has more to do with having no 'history' in case of arranged marriage.

Of course these days no one gets married without any prior contact whatsoever. In arranged marriage, usually there is a brief courtship - however mode it may be, then followed by an usually elaborate ceremony.

The department case officers process several applicants who have this type of background. I think it is pretty easy to spot genuine ones vs. fake ones.

There is a huge difference between arranged marriage and mail order marriage.
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Old Oct 10th 2013, 4:33 am
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by madankumars
I think this has more to do with having no 'history' in case of arranged marriage.

Of course these days no one gets married without any prior contact whatsoever. In arranged marriage, usually there is a brief courtship - however mode it may be, then followed by an usually elaborate ceremony.

The department case officers process several applicants who have this type of background. I think it is pretty easy to spot genuine ones vs. fake ones.

There is a huge difference between arranged marriage and mail order marriage.
Oh, I agree. I was simply answering the question of a poster who seemed to have the idea that any arranged marriage could not be a genuine relationship.

I actually think it makes sense in a lot of ways. My parents certainly were right about a couple of the guys I dated being wrong for me. They were also right that my now husband was a pretty good catch.
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Old Oct 10th 2013, 5:03 am
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by Dorothy
What do you mean? Of course an arranged marriage can be a genuine relationship. I work with at least 2 people who have been in arranged marriages for years. They have children and enjoy a marriage just like anyone else would.
I didnt say theyre not genuine. I just wanted to know the 'mechanics'.
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Old Oct 10th 2013, 7:33 am
  #26  
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Default Re: Visa Refused for my Spouse! :(

I would like to file for a case review in MRT and in the meantime, have my spouse visit me in Australia so that when the case review time comes we would have spent some time together here. I'm not sure if the visit visa perhaps of 3 months would be sufficient to prove that we are in a genuine relationship and it's a genuine marriage. I would like to extend/renew the Visitors visa more than one time to spend time with my spouse. Can I do that?

My spouse's brother is an Australian citizen (but presently living Overseas) can he sponsor her sister (my spouse) under a Sponsored family visitor visa? so that my spouse could spend more time with me than if she was on just a regular visitor visa?
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Old Oct 10th 2013, 7:36 am
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by live2learn
They were given all certified true copies of all the necessary documents.

The question or the objection wasn't about its legality, it was about the couple not currently living together after marriage. Well duh we were living in different countries at the time (and still are) and we applied immediately after the marriage took place as our visa was in process.

So a marriage certificate, skype logs, photos, videos of the both engagement and marriage ceremony with family and friends means nothing?
Its not going to be just about not living together. Many spouse visa applicants are caught in that trap, but they are able to prove a relationship - contact between the two in emails, letters, cards, money moving between the two, financially supporting each other. Visinting each other, and each others families and friends, general involve,ent in each other's lives. Its not easy but it can be done. To me (as an outsider of course) it does not sound like there has actually been much contact between the two of you. How much time have you actually spent together? Do you have a joint bank account in Australia? Has she made any moves towards looking for employment?
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Old Oct 10th 2013, 7:42 am
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by live2learn
I would like to file for a case review in MRT and in the meantime, have my spouse visit me in Australia so that when the case review time comes we would have spent some time together here. I'm not sure if the visit visa perhaps of 3 months would be sufficient to prove that we are in a genuine relationship and it's a genuine marriage. I would like to extend/renew the Visitors visa more than one time to spend time with my spouse. Can I do that?

My spouse's brother is an Australian citizen (but presently living Overseas) can he sponsor her sister (my spouse) under a Sponsored family visitor visa? so that my spouse could spend more time with me than if she was on just a regular visitor visa?
You really REALLY need to e discussing this with a registered agent to make sure you are covering all the right bases.
I think you need to look at establishing more of a proven relationship with your wife, as well as looking at getting her to visit you here. Why can't you visit her in her country? If my spouse visa had just been denied thats what I would be doing, flying over to see her and to start planning the next move together.
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Old Oct 10th 2013, 8:14 am
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by Pollyana
You really REALLY need to e discussing this with a registered agent to make sure you are covering all the right bases.
I think you need to look at establishing more of a proven relationship with your wife, as well as looking at getting her to visit you here. Why can't you visit her in her country? If my spouse visa had just been denied thats what I would be doing, flying over to see her and to start planning the next move together.
I agree with this totally. You and your wife are in this together and so joint decisions need to be made. Presumably if your appeal is unsuccessful then you will need to review where you and your wife will live and work, you'll need a backup plan. Consulting an agent is pretty much an imperative.
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Old Oct 10th 2013, 9:24 am
  #30  
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Default Re: Visa Refused for my Spouse! :(

Originally Posted by Pollyana
Its not going to be just about not living together. Many spouse visa applicants are caught in that trap, but they are able to prove a relationship - contact between the two in emails, letters, cards, money moving between the two, financially supporting each other. Visinting each other, and each others families and friends, general involve,ent in each other's lives. Its not easy but it can be done. To me (as an outsider of course) it does not sound like there has actually been much contact between the two of you. How much time have you actually spent together? Do you have a joint bank account in Australia? Has she made any moves towards looking for employment?
My family and her family visits each other houses on regular basis. They come over my family's house for dinners every now and then and exchange gifts on any special occasions and we get invited to theirs. My family and is in the same country where she is living. And I'm in touch with my spouse online constantly since my return to Australia.

One thing I would concede though is that we didn't get to spend as much time as I had to return back and we don't yet have a joint bank account and she is staying with her parents for the time being.

Now let say when I apply for a case review in MRT and in the meantime she comes to Australia on a Visitor's visa to see me and we start living together (even if its for few months - depending on the length of the visit visa) and we open a joint back account and start sharing the same household etc, will these new developments be counted towards my case appeal MRT?

As my appeal would be in queue and by the time MRT actually reviews my case (after one year lets say - depending on how long the MRT queue is), my spouse would have visited and we would have spent time together. Hence these developments could be in our favour during the appeal? Am I being too optimistic here?
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