Jump to content
BruceD

Tourist Visa Whist awaiting for PVM being processed

Recommended Posts

"In assessing these criteria I have taken into account the information provided in the applicant’s visa application form and the supporting documents provided. On balance, I find that the applicant has not demonstrated sufficiently strong employment, economic, family or other commitments in Vietnam that would be sufficient incentive for the applicant to return to Vietnam."

Above is an extract from Tourist visitor Visa refusal notification.

Since then we have lodged a PMV and in a process doing another tourist visitor Visa for my fiancée to spend time with me whilst PMV is getting processed.

This time round apply for tourist Visa, situation has changed as She is now currently in Canada, undertaking a study course and not in her home country.

Do you know if the Department of Home Affairs would still weigh much on being employed as an incentive for the applicant to leave Australia or given we've now lodged PMV that would suffice for them to consider that any rationale person would fully understand breaching the Visa condition would likely result in PMV getting refused.

Thanks in advance.

Share this post


Link to post
Share on other sites
31 minutes ago, BruceD said:

"In assessing these criteria I have taken into account the information provided in the applicant’s visa application form and the supporting documents provided. On balance, I find that the applicant has not demonstrated sufficiently strong employment, economic, family or other commitments in Vietnam that would be sufficient incentive for the applicant to return to Vietnam."

Above is an extract from Tourist visitor Visa refusal notification.

Since then we have lodged a PMV and in a process doing another tourist visitor Visa for my fiancée to spend time with me whilst PMV is getting processed.

This time round apply for tourist Visa, situation has changed as She is now currently in Canada, undertaking a study course and not in her home country.

Do you know if the Department of Home Affairs would still weigh much on being employed as an incentive for the applicant to leave Australia or given we've now lodged PMV that would suffice for them to consider that any rationale person would fully understand breaching the Visa condition would likely result in PMV getting refused.

Thanks in advance.

How long ago did she apply for the visitor visa? How significantly have her circumstances changed since then? (Canadian visa granted prospective marriage visa application submitted etc?)

You might want to mention her demonstrated visa compliance with regards to her Canadian visa. Demonstrated visa compliance with counties, such as Canada, US, USA, UK,  EU, NZ always adds some weight.

The criteria for a prospective marriage visa is that the applicant and sponsor have previously met in person and have a genuine intention to marry in the future. I would therefore suggest that you include evidence of the prospective marriage visa application, and the primary evidence that is used to show your genuine intention to marry, being the Notice of Intention to Marry (NOIM).

I would also include within your letter of support that your fiancee has recently submitted her prospective marriage visa application and the processing period is up to 2 years . This is an application that can only be decided whilst the applicant is outside of Australia, and that she would not want to do anything that would jeopardise the success of that application. 

Share this post


Link to post
Share on other sites

How long ago did she apply for the visitor visa? How significantly have her circumstances changed since then? (Canadian visa granted prospective marriage visa application submitted etc?) Her Tourist Visa was submitted in April this year and refused in May. 

Regarding Circumstance Changed, on her last tourist last visa of which got refused she was working full-time. She is now currently in Canada undertaking a study course (Canada student Visa)

You might want to mention her demonstrated visa compliance with regards to her Canadian visa. Demonstrated visa compliance with counties, such as Canada, US, USA, UK,  EU, NZ always adds some weight. Good point.! I will also include Canada Visa details and a letter of acceptance from Canada College of which is currently attending.

The criteria for a prospective marriage visa is that the applicant and sponsor have previously met in person and have a genuine intention to marry in the future. I would therefore suggest that you include evidence of the prospective marriage visa application, and the primary evidence that is used to show your genuine intention to marry, being the Notice of Intention to Marry (NOIM). Yes we have met in person on several occasions. We've also submitted the NOIM as part of the recent PMV lodgement. However, it's a good point you raised. We will include the same NOIM document as part of the new Tourist Visa application.

I would also include within your letter of support that your fiancee has recently submitted her prospective marriage visa application and the processing period is up to 2 years . This is an application that can only be decided whilst the applicant is outside of Australia, and that she would not want to do anything that would jeopardise the success of that application.

You read my mind :)  - below is what I already have in the letter.

I also understand breaching the Visa conditions would also mean an immediate refusal of my PMV application currently lodged with the Department. I would not contemplate on doing anything for short-term gains and jeopardising the outcome decision which may result in the PMV application being refused. Moreover, XXXX and YYY are in a genuine loving relationship and we are intending to get married with a long-term plan settling legally in Australia once the PMV is granted by the Department.  

 

Many Thanks for your advice.

Share this post


Link to post
Share on other sites

AFV has raised some very good points, particularly with regards to including the notice of intention to marry (NOIM), as this is the document that the decision maker relies upon in assessing whether an applicant and sponsor have a genuine intention to marry in the future, being a requirement for the grant of the prospective marriage visa.

Also, evidence of the Canadian visa and compliance of that visa too is a very good idea.

Although a visitor visa refusal is disappointing, it doesn't necessarily mean the end of the road. Many people are refused a visitor visa for simply not providing sufficient or inadequate information. Use the visitor visa refusal notice as a starting point, and address the reasons for the refusal.  

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×