live2learn

So you mean to say that my spouse can't come even on a visitor visa? why is DIBP keeping a husband and wife apart now?

And they say in the refusal letter that we didn't make any 'effort' to meet after the wedding ceremony - are you kidding me? we applied for the spouse visa and gave them documents after documents and had to endure the pain of waiting for nearly ten months was not an 'effort' on our part? and that we were just wasting our time money and energy and we were not serious and they didn't think that were living separately on a temporary basis?

And they say that we were 'not committed' - what? getting married in itself is a huge commitment and us not staying together currently is an big indication that this is not a 'genuine' marriage? didn't they look at our present circumstances that were put forward to them?

In the Stat Declaration (which btw is an important and a legal document in Australia - and any false statement could land you in jail or impose heavy fines), and in that my spouse 'did mention' that she was staying with her parents temporarily and once the visa is issued she will join her husband in Australia.

The decision was purely based on the fact that we were not currently living together - well it only makes sense - we applied for the spouse visa so that we could start living together and thats is the whole objective and purpose of applying for the Spouse visa - correct?

The visa officer didn't even look at the skype call logs that we talk for hours, yes hours with each other, she overlooked all facts and evidences photos, videos, stat declarations

I'm frustrated and stressed and i guess once the visa officer has decided not the issue the visa because she 'feels' that this is not genuine then come what may she will not issue the visa!

live2learn

My Spouse had submitted the original Police Clearance certificate to DIBP when she was applying for a spouse visa.

And in the refusal letter from DIBP, they mentioned that they will return the original police clearance certificate back to us. Perhaps she can now use the same certificate for a visitors visa - and can she even apply for a Visitors visa after a spouse visa refusal?

old.sparkles

I hope you have sorted some professional advice. I get that this is frustrating and disappointing but I can sort of understand the decision. You never bothered to go to your own wedding opting for a proxy wedding instead. From the sound of it, in the year since you have been married, you haven't visited your wife, or had her visit you - or even had a holiday together anywhere. Yes you applied for a visa for her to come as your spouse, and chatted on Skype but that seems to be the extent of your relationship. It may sound harsh, but you have an unusual relationship so are going to have to try harder to prove it is a genuine one, and not a marriage of convenience.

Pollyana

They will not be keeping you apart. They would be refusing to allow her to visit you in Aus because they would believe she was not just here on holiday.

You can still visit her in her country or somewhere else.
You didn't fly over to see her after the ceremony, or talk of any plans to do so. you were prepared to just wait the 10 months or whatever for the visa. To western eyes that is very strange for newly married couples!


Commitment is more than just a piece of paper saying that she is now married to you - as I have tried to show you with examples in my previous posts. Commitment is something deeper, hard to put into words. They would have looked at all the evidence, they always do, but they look for ties between you, links between your lives, shared experiences.

Pollyana

Yes she can apply but she may well be refused.

I would not think it a good idea for her to apply until you have both spoken with an agent.

commonwealth

It's a proof of genuine relationship i suppose.

Dorothy

No, it's not. There are any number of reasons why a genuine relationship isn't consummated. Having sex does not equate commitment, nor does it demonstrate the genuineness of a marriage. I doubt very much that DIBP would ask for proof that a married couple are sleeping together.

mrsgreenstar76

Is this thread still going? I really don't know of a different way of saying "you need to consult a MARA registered agent". Appeals are a serious business, and you need professional advice. Your CO isn't just 'feeling' that it's not a genuine relationship - they don't have enough evidence to suggest it is a genuine relationship. To a casual observer on a forum (like me), alarm bells rang when I read your initial post, because it comes across as either someone who isn't that invested in their relationship, and only threw a slapdash application in, or as a possible visa scam. Many people have got married in order to obtain visas, so you can't blame DIBP for being wary. Yes, marriage is a commitment, but in what other ways have you & your spouse shown commitment to each other in the time you have been together? If my husband wasn't able to be in the country I'm in, there's no way in hell I'd stay there. Obviously, that's not always practical for other couples, but I'd be willing to bet that other couples would have made whatever arrangements they could to spend time together in other ways (i.e. visits to each other).

You seem somewhat indignant that DIBP might possibly refuse a tourist visa. That is their prerogative. A visa isn't a right, it is a privilege. Your spouse may have difficulty obtaining a tourist visa, as they may see her as a high risk of overstaying. This is what I mean - this whole scenario has been handled quite badly. The slapdash application, no attempts at visiting each other, etc.

You really do need to seek professional assistance with this.

Bermudashorts

Nobody said she definitely cannot come to visit, but that it may be difficult. And there is no need for the righteous indignation, DIBP have made the best decision they could on the basis of the information they had.

Whilst not saying whether I find you believable or not, I can fully understand why DIBP would make that decision. You didn't turn up in person at your wedding and you have not tried to see each other since. And no getting married is not necessarily a sign of commitment and no applying for a partner visa is not showing much effort to actually see each other - getting on a plane is making an effort. Videos, photos, stat declarations can all be made up.

MrsFychan

why are YOU not visiting her, are there difficulties in you doing that rather than her visiting you ?

live2learn

Yes my annual leave is approaching and i will be visiting her in few weeks time. Again, due to work responsibilities, i could not travel before.

I will go and visit her. The ideal situation would be if she had her visit visa then we could travel back to australia together. And the visitor visa may not be a good option as it may very likely be refused.

Now the question is - after I visit her and we live together for the length of my annual leave and yes 'consummate' the marriage, Shall I:

• Apply for a review at MRT and wait for another 400days (as per the processing time) and the decision may or may not be in our favour

• or just reapply from scratch, with all the latest developments included in the new spouse visa application

live2learn

Very well said. it indeed is a privilege

live2learn

I will be getting on a plane very soon.

live2learn

Yes correct, they didn't ask me for that but other evidences were factored in.

MrsFychan

as already suggested to you on numerous occasions you need to now be speaking to a professional. No one on this forum has the ability to help other than offer their own opinions. A professional WILL know the legalities of what you can and can't be doing