Help/assistance required: visitors visa refused,lodged with Prospective Marriage Visa

[no1977]

Hello All,

I require some guidance on a refusal of a Visitors visa (subclass 600) while waiting for a Prospective Marriage Visa so I was hoping any of you have some tips, guidances, advice or comments.

Let me describe our situation. I am an Australian permanent resident since 2004. I have a Thai girlfriend who I've known since Aug-2013. I've travelled several times to Thailand and in Dec-2013 we decided to try for a 3 months visitors visa. We applied, via an agency, and it was granted within a couple of weeks. She came to Australia for 3 months and all was good. After she left Australia in Apr-2014, we decided to apply for another visitors visa but this time 6 months (again via an agency). Also that visa was approved and she was in Australia from Jun-2014 to Dec-2014.

It was then that we decided we will apply for a Prospective Marriage Visa. We collected all documents, and also decided to apply simultaneously for another 6 months visitors visa. Several of our friends have done the same, so my fiancée could be with me in Australia for part of the 12 month waiting period. I also have sought advice from Immigration if this was possible, and they informed me this was indeed possible as long as she will be back in Thailand when PMV gets approved. This time we applied for it ourselves (no agency) and we lodged both visas at VFS in Bangkok at the end of March.

Yesterday we were informed that the visitors visa was refused on the bases that they're not satisfied with her intention to only visit Australia (she did not comply to clause 600.211). Obviously we're both very disappointed and honestly at a bit of a loss, as the previous 2 visas were approved without any issues. And this time the reason is very clear, and plenty of reason for her to return to Thailand as we are waiting for outcome of PMV-application.

On the visitors visa application we listed that her reason for visit Australia was to learn more about Australia and travel in Australia. But also to be with me and plan our wedding.

Some further details in case that matter. I am 38, divorced, good permanent job in which I've been 3 years, renting an apartment in Melbourne, and no issues in financially maintaining her. No kids. She is 30, limited education, and has 2 kids from previous marriage who will not be joining her as they're with the father.

If anybody has any advice for us, please let me know. Should we appeal or just apply for another visitors visa? If so, how do we make sure it doesn't get refused again on the basis of "non-genuine intentions"? Also if we would re-apply could we do this straight ahead? As you can see, many questions, so any advice really is appreciated.

Thanks for reading this.

Cheers,

Vincent

Sent from my iPad using Tapatalk

[Will27]

Vincent

It would help if you posted a copy of the refusal notice without the personal details.

A few things, you cannot appeal a visitor visa refusal. Secondly, you cannot "make sure" that

your application doesn't get refused. You can reapply whenever you want.

My take on the refusal is that you asked for 6 months. She's only been back in Thailand for 3 months

after spending 6 months in Australia. So if granted, it means she would've been in Australia for 12 months

out of 15.

That's not really a visitor, it's more like a pseudo resident as far as Immigration are concerned.

If it were me, I would reapply in a few months and ask for 3 months.

[no1977]

Thanks for the response - appreciated. I've attached the refusal notification - apologies for the relatively poor quality. So far the answers I've received are ranging from "you're a complete idiot, you should have never done this", to "give it another go but seek some advice". Anyway, all advice is welcome!

[Will27]

That's not a very good refusal letter to be honest.

Assuming that's all of it, it doesn't really tell you much.

I still think the refusal is for what I stated in my first reply.

Just too much time in Australia and the case officer doesn't

really think your girlfriend is a genuine visitor.

Again, I would reapply in a few months for 3 months not 6.

[bureaucrazy]

Sorry to hear about this disappointing news.. we were in the same situation a few months back, it really does knock the wind out of your sails.

You seem to be missing page 4 of the decision record? The one we received was verysimilar... and page 4 included this bit:

Visitor policy states that in
considering whether an applicant is a genuine visitor, dec
ision
-
makers should consider whether the applicant is attempting to circumvent proper migration
channels and use the visitor visa program to maintain an ongoing residence in Australia.
Visitor visas must not be granted to those persons whose true intentio
ns, at the time of
applying for a visitor visa, are to use one or more visitor visas to maintain ongoing residence
in Australia.
As a result of the significant period of time you have already spent in Australia, I cannot be
satisfied that your expressed
intention to only visit Australia is genuine

So it's not really the stated purpose of the visit which is the problem, nor is the problem her incentive to return to thailand.. the problem is simply that she's spent too much time in Australia in too short a space of time.

There's some other threads which might be enlightening, this one is fairly recent.

In my own case we've just waited several months and just submitted a new visitor application for 3 months, along with a partner application.. will find out in a few weeks I guess, wish us luck!

[no1977]

Sorry to hear about this disappointing news.. we were in the same situation a few months back, it really does knock the wind out of your sails.

You seem to be missing page 4 of the decision record? The one we received was verysimilar... and page 4 included this bit:

It seems you were right! The girl forgot to send me the most crucial page.... Which I have attached now. This seems very similar to your letter. The way I interpret it, 2 issues: her time spend in Australia already, and financial issue because she is unemployed.

Will read the links you've send through, and consider our options. But it does seem that waiting and re-apply (probably for a 3 months one) is the way to go. Regarding the financial situation, I would hope that having more money into her savings account will help (easy done).

Thanks guys for all the responses. Any further advice, is always welcome.

And bureaucrazy, good luck and let us know how you go! Obviously very keen to learn more about your outcome and might send you a PM if you don't mind.