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Texas Koala

Concerns About Applying for Onshore Visa

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Hi guys!

 

So I'm an American citizen and my husband is Australian. I want to go over on an ETA and apply for the partner Visa onshore. The thing is, the hefty fee will be pretty much all of the money we have. What are the primary reasons applicants get rejected? Is there anyone who has successfully applied without a migration agent? 

We've been married for almost a year, but have known each other for almost a decade. We've lived together for almost a total of 2 years if that little bit of info helps. I'm honestly mostly concerned about the social requirement of the application being that we dont post on social media a lot, and we dont have a lot of photos with family.

 

Thank y'all for the help!

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From what you have posted you would have no worries being granted a 820 visa. I would say the main reasons they get rejected is because the relationship isn't genuine, the applicant fails the character test and possibly having some medical issues. But mainly it would be about the relationship between applicant and sponsor.

My wife and i aren't really social butterflies either but we go on lots of holidays and weekend trips away, go out for dinner etc etc. We just provided evidence that we went out of the house together on occasions.  

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On 7/11/2019 at 6:29 AM, Texas Koala said:

So I'm an American citizen and my husband is Australian. I want to go over on an ETA and apply for the partner Visa onshore. The thing is, the hefty fee will be pretty much all of the money we have. What are the primary reasons applicants get rejected? Is there anyone who has successfully applied without a migration agent? 

We've been married for almost a year, but have known each other for almost a decade. We've lived together for almost a total of 2 years if that little bit of info helps. I'm honestly mostly concerned about the social requirement of the application being that we dont post on social media a lot, and we dont have a lot of photos with family.

 

Many many people obtain Partner Visa's without the need of an Agent.  If you are both comfortable with the moderate complexities of the paperwork, then you will be fine.  Agents are very useful when language barriers exist, or complex circumstances like criminal records, missing documents or similar challenges.  I suspect this is not your situation.  Especially if money is tight, good agents are not cheap.

The principal reason Partner Visa's applications fail are;

  • Its not a genuine and enduring relationship (being legally married pretty much proves that criteria)
  • You can not prove that the relationship existed for at least 12 month prior to the application being made. Living together for 2 years, and having the documentation to prove that, will meet this criteria.
  • The applicant lies or presents false or fake documentation.

There are many other criteria (character, medical etc) but based on the fact that your from the USA, I doubt that these would apply to you.

From what you have told us, IMHO I think you will have no issues with a self application.  BUT.....   do check and recheck your application for completeness before lodging. Do your research here on what to include, plus also check the current requirements on the IMMI site as well. This is not something you rush.


 

 

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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13 hours ago, AussieDude said:

Its not a genuine and enduring relationship (being legally married pretty much proves that criteria)

Does it though? This seems to be a common misnomer with Partner Visas that all they have to do is provide a Marriage Certificate and a grant is just around the corner. 

A Certificate just proves that 2 people got married. It doesn't prove they are in a genuine and enduring relationship. Im sure there are countless applications from married couples that get refused because they can't prove they are in genuine relationship and most likely its because they aren't

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2 hours ago, SammyJ said:

Does it though? This seems to be a common misnomer with Partner Visas that all they have to do is provide a Marriage Certificate and a grant is just around the corner. 

A Certificate just proves that 2 people got married. It doesn't prove they are in a genuine and enduring relationship. Im sure there are countless applications from married couples that get refused because they can't prove they are in genuine relationship and most likely its because they aren't

Legally married is better than not.  Plus in context this couple have been together for 2+ years.

Regardless, married or not, they have to prove 12 months relationship before application.


 

 

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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Being married isn't a requirement for a partner visa. Does it help? Yes i would agree it is better than not. But like you said, everyone still has to prove at least 12 months of relationship, which is why i suggested that the Marriage Certificate isn't the be all and end all that some people think.

Personally i think the length of a relationship before applying is more important 

 

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