Oz Spouse Visa Refused ?

[doosyhindleg]

hello everyone at thaivisa,

well my wife has just been refused our spouse visa for australia on the grounds of (requirement not met :309-221 , 309-211)

i have spent 6 weeks with my thai wife before submitting our application & had to return to australia for my study commitments

i intend to go back again in july for 3-4 weeks.

my question is how can you meet the requirements of living together as husband & wife if you are commited to study or work full time in australia? is there a certain amount of time we must have spent together?

is it advised to appeal with MRT after my next visit to thai?

any tips or sound advise from you experts , would be much appreciated.

thanks guys

[david96]

hello everyone at thaivisa,

well my wife has just been refused our spouse visa for australia on the grounds of (requirement not met :309-221 , 309-211)

i have spent 6 weeks with my thai wife before submitting our application & had to return to australia for my study commitments

i intend to go back again in july for 3-4 weeks.

my question is how can you meet the requirements of living together as husband & wife if you are commited to study or work full time in australia? is there a certain amount of time we must have spent together?

is it advised to appeal with MRT after my next visit to thai?

any tips or sound advise from you experts , would be much appreciated.

thanks guys

If the spouse visa was refused the sponsor can submit an appeal with the MRT within 91days. It would pay you to see a migration agent in Australia first. This process could take up to 6 months after the MRT accept the submission. You could apply again at a later date perhaps.eg 6 months time.

[catwho]

My mate [a seaman] got knocked back years ago on a defacto spouse visa,being together 3 years and she had been to Oz 4 times

he appealed in Oz took nearly 12 months and 8000 dollars with laywer.he worked 4 weeks on and off ,and not together 12 months continuisly was the reason fo knock back, he won the case, but cost him,he was only 24 ys old at the time,

as david said appeal in OZ.

if you apply for a fiance visa and once u get it and get to Oz u have to be married within 9 months, or visa stopped and she has to leave OZ,

And it seems u applied for defacto, not married or fiance.if u are married already [legal ,not budda] u should have little trouble with appeal,

[gburns57au]

hello everyone at thaivisa,

well my wife has just been refused our spouse visa for australia on the grounds of (requirement not met :309-221 , 309-211)

i have spent 6 weeks with my thai wife before submitting our application & had to return to australia for my study commitments

i intend to go back again in july for 3-4 weeks.

my question is how can you meet the requirements of living together as husband & wife if you are commited to study or work full time in australia? is there a certain amount of time we must have spent together?

is it advised to appeal with MRT after my next visit to thai?

any tips or sound advise from you experts , would be much appreciated.

thanks guys

More info required....

What does the rejection letter say?

Are you married, if so for how long and how long have you known her in total ?

Did you apply as a de facto or as a married couple?

[doosyhindleg]

More info required....

What does the rejection letter say?

Are you married, if so for how long and how long have you known her in total ?

Did you apply as a de facto or as a married couple?

sorry i did not state,yes we are married & applied for spouse visa i made contact with her in late november 2007 & then met in person 2nd feb 2008

married in march 2008( bkk) so we have spent appox 5-6 weeks together.i understand now this time is not enough.the rejection states that although i have supported her financially since feb 2008, we have not lived as a married couple long enough & we dont have assets together. .i feel it will be hard to provide evidence of living together as she can not come here on tourist visa & i will have to continue to travel to thai every 2-3months now on my study breaks wich im happy to do ,but im not sure what else i can do?maybe i will forget about MRT & submitt a new spouse visa in 6-8 months time?. will simply travelling to thai & spending 3 weeks every few months for the next 6-8 weeks with her count? how else can i prove i am in a genuine continues shared relationship?whilst i live in australia, any advise would be great

thanks guys

p.s i would love to know if i can make a joint bank account in thai with my wife when i go back to her in july?

[ronnight]

Opening bank accounts can depend on the bank, and changes day by day.

It might pay get a non o visa based on your marriage for your next visit, even though you may only be staying a few weeks. The "higher" the visa the more likely you will get what you need from the bank.

[doosyhindleg]

Opening bank accounts can depend on the bank, and changes day by day.

It might pay get a non o visa based on your marriage for your next visit, even though you may only be staying a few weeks. The "higher" the visa the more likely you will get what you need from the bank.

thanks ronnight, can you explain the non o visa please ?

[gburns57au]

sorry i did not state,yes we are married & applied for spouse visa i made contact with her in late november 2007 & then met in person 2nd feb 2008

married in march 2008( bkk) so we have spent appox 5-6 weeks together.i understand now this time is not enough.the rejection states that although i have supported her financially since feb 2008, we have not lived as a married couple long enough & we dont have assets together. .i feel it will be hard to provide evidence of living together as she can not come here on tourist visa & i will have to continue to travel to thai every 2-3months now on my study breaks wich im happy to do ,but im not sure what else i can do?maybe i will forget about MRT & submitt a new spouse visa in 6-8 months time?. will simply travelling to thai & spending 3 weeks every few months for the next 6-8 weeks with her count? how else can i prove i am in a genuine continues shared relationship?whilst i live in australia, any advise would be great

thanks guys

p.s i would love to know if i can make a joint bank account in thai with my wife when i go back to her in july?

You have jumped the gun a bit....and the only real solution is time. The MRT is an option but as others have already indicated....it is not a cheap option and with what you have said it is likely that the original decision would be upheld.

You dont need joint assets or to actually live together now that you are married....what you need to show is a genuine and ongoing relationship...

Your time going there over the next 6-8 months will stand you in good stead...In my opinion though, bringing her here on a tourist visa for a few months as well will be of greater value. This has a twofold benefit....

First it will give you both a chance to see if you can actually live together and give her a chance to see if she can live in Oz with the cultural differences. It will also allow her to make some friends here and check out her dietry needs. Dont under estimate the importance of this.

Secondly, It will go a long way to improving your time together situation. instead of say 3 x 3 week trips..giving a total of 9 extra weeks....you could jump that up to over 14 weeks together.

In my opinion 6-8 months would be the minimum time before re-applying......12 months would probably be a better time frame.

How you go about it is your own choice but I wish you luck whichever way you go.

[doosyhindleg]

sorry i did not state,yes we are married & applied for spouse visa i made contact with her in late november 2007 & then met in person 2nd feb 2008

married in march 2008( bkk) so we have spent appox 5-6 weeks together.i understand now this time is not enough.the rejection states that although i have supported her financially since feb 2008, we have not lived as a married couple long enough & we dont have assets together. .i feel it will be hard to provide evidence of living together as she can not come here on tourist visa & i will have to continue to travel to thai every 2-3months now on my study breaks wich im happy to do ,but im not sure what else i can do?maybe i will forget about MRT & submitt a new spouse visa in 6-8 months time?. will simply travelling to thai & spending 3 weeks every few months for the next 6-8 weeks with her count? how else can i prove i am in a genuine continues shared relationship?whilst i live in australia, any advise would be great

thanks guys

p.s i would love to know if i can make a joint bank account in thai with my wife when i go back to her in july?

You have jumped the gun a bit....and the only real solution is time. The MRT is an option but as others have already indicated....it is not a cheap option and with what you have said it is likely that the original decision would be upheld.

You dont need joint assets or to actually live together now that you are married....what you need to show is a genuine and ongoing relationship...

Your time going there over the next 6-8 months will stand you in good stead...In my opinion though, bringing her here on a tourist visa for a few months as well will be of greater value. This has a twofold benefit....

First it will give you both a chance to see if you can actually live together and give her a chance to see if she can live in Oz with the cultural differences. It will also allow her to make some friends here and check out her dietry needs. Dont under estimate the importance of this.

Secondly, It will go a long way to improving your time together situation. instead of say 3 x 3 week trips..giving a total of 9 extra weeks....you could jump that up to over 14 weeks together.

In my opinion 6-8 months would be the minimum time before re-applying......12 months would probably be a better time frame.

How you go about it is your own choice but I wish you luck whichever way you go.

thank you for the excellent advise gburns

i do realise now that i rushed into the visa .can anyone tell me would there be any chance for a tourist visa for my wife?

i have great doubts about the tourist visa as i applied for one in bkk before we married & it was refused because they did not

believe she would return to thai & we had not been together long enough. i strongly believe the tourist visa will be rejected again because we are married & they will think that she would not return to thai,although she has a job with her fathers business.

please anyone correct me if im wrong ,thank you

[gburns57au]

thank you for the excellent advise gburns

i do realise now that i rushed into the visa .can anyone tell me would there be any chance for a tourist visa for my wife?

i have great doubts about the tourist visa as i applied for one in bkk before we married & it was refused because they did not

believe she would return to thai & we had not been together long enough. i strongly believe the tourist visa will be rejected again because we are married & they will think that she would not return to thai,although she has a job with her fathers business.

please anyone correct me if im wrong ,thank you

Your chances would be better now timewise....however the 2 refusals could be problematic now.

You might consider timing her visit here with your own trips to Thailand....so that she arrives with you and then departs with you.

You would probably need to submit a strong application, which could mean a lot of evidence showing your financial support, letter from her father giving her leave from the job for a specified time. photos and letters, phone records, letter of invite or a Stat Dec outlining your intentions/itinerary, etc etc...

Each application is considered on its own merits so no-one can say if you will get one or not..all you can do is try.