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Hi all.

Currently awaiting appeal as my 187 Visa was declined on the basis of my works nomination being refused.

Although i do have a visa agent i am hesitant to trust what they say in relation to my chances. I've seen the success rate of appeals to be 31%. This doesn't give me much hope as i have like everyone built a life for myself here.

what i want to ask is....I am in a relationship with an Australian citizen. We've been together over a year and dont want to separate. Does anyone know if its possible to apply for a defacto visa before the appeal and be able to still stay in the country?

Ive been told that the only way to successfully be granted a partnership visa before the appeal is if the circumstances like dependency such as illness or having a child together would be true.

Also ive been told that i would potentially have to wait for the visa appeal and if it deemed unsuccessful, apply for the partnership visa offshore! Which would mean 12 months long distance.

Any help and advice on this would be appreciated.

Thanks!

 

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9 hours ago, gggg said:

Hi all.

Currently awaiting appeal as my 187 Visa was declined on the basis of my works nomination being refused.

Although i do have a visa agent i am hesitant to trust what they say in relation to my chances. I've seen the success rate of appeals to be 31%. This doesn't give me much hope as i have like everyone built a life for myself here.

what i want to ask is....I am in a relationship with an Australian citizen. We've been together over a year and dont want to separate. Does anyone know if its possible to apply for a defacto visa before the appeal and be able to still stay in the country?

Ive been told that the only way to successfully be granted a partnership visa before the appeal is if the circumstances like dependency such as illness or having a child together would be true.

Also ive been told that i would potentially have to wait for the visa appeal and if it deemed unsuccessful, apply for the partnership visa offshore! Which would mean 12 months long distance.

Any help and advice on this would be appreciated.

Thanks!

 

Sorry to hear your circumstances, I hope what follows helps a little.

Firstly, the appeals process is a legal one, and appeals against Visa decisions must have 'suitable grounds' (as does any legal appeal).  You just can't appeal a visa refusal decision because you didn't like the answer, You must establish and prove that there was a valid legal, technical or process related oversight, error or mistake in the making of your decision.  Successful appeals rely on you proving that the decision process was not strictly followed, or missed an important item of evidence, or was tampered with, or was unfair due to a process error (i.e a bad translation, an incorrect interpretation of a statement you made, due to language challenges.

Not knowing exactly what your grounds for appeal are, or what your actual legal position is, what follows is extremely generalistic:  Based on what you have said (can you upload the full rejection letter here for us), I am assuming you were refused for a simple requirement not being met, that is your "works nomination being refused".  Being the case, I dont't think that you would have solid grounds for an appeal.  However, please consult a legal specialist for a professional opinion.

There is no technical linkage between your appeal of your 187, and you applying for a de facto visa while onshore, during the appeal process.  It is possible, providing your current visa does not carry Condition 8503 (no further stay), AND you meet all the de facto visa requirements.  If the Partner Visa is granted, this would activate when your appeal is decided.  I would suggest that if you are granted an onshore Partner Visa (albeit stage 1) you should withdraw your appeal immediately.

If your current Visa has Condition 8503 applied, then your only path os to wait for the appeal decision, and failing that apply for a partner visa offshore.

Serious illness preventing travel on your part, **may** be grounds for a temporary bridging visa while you regain your health.  Too serious a medical condition may adversely affect your Partner Visa on medical grounds.  Generally, having a child together will not hurry up or significantly change a partner visa outcome or timing, that is a bit of an urban myth.  But every case is different.  It is true that some pregnancies have qualified for visa extension or bridging on compassionate grounds, but its rare.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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