by nabeel92  13/11/2012  585 Page Views
3 Comments  Immigration law, student visa, employment visa, partner visa
Hi There,
I am currently in Australia on a Bridging visa awaiting my permanent residency. I married this year and applied for my wife's visit visa (TR 676) in October. Visit visa got rejected and a few things they have pointed out being the cause of rejection are :

1. No Strong intent to return to home country (Basically, she is a house wife living with her in-laws i.e my parents) so she doesn't work or study.

2. I'm currently on Bridging visa (and not a permanent resident visa). So, they see it as violation of clause 676.212 of Migrations Regulation Act 1994.

Clause 676.212 states

676.212 The applicant seeks to visit Australia, or remain in Australia as a visitor:

(a) for the purpose of visiting an Australian citizen, or Australian permanent resident, who is a parent, spouse, child, brother or sister of the applicant; or

(b)for a purpose other than a purpose related to business or medical treatment.

What does this mean anyway? I know I don't qualify clause A but I thought I qualified for Clause B as she is not coming here for either business or medical treatment but solely for visiting.

3. No family ties in Home Country (Even though her entire family and extended family (i.e. In laws) is living in Pak to whom we made reference in a family tree form.

4. Lastly, I requested 1 year visit visa (which was a mistake since they issue short term 3 month visas only to begin with).

Now my question is this:

1. If I reapply again with additional documents to address visa officer's concerns, should I wait for sometime (2 months) or Can i reapply straight away? i.e I know I can reapply straight away but is it better to wait or address their concerns straight away by reapplying ?

2. If I apply the 2nd time and it gets rejected again, would it have any implications on her partner visa which I will sponsor her for after I get my PR in future? i.e. Is there some sort of a warning/permanent bar embassy can put on a person in case of constant refusal for visit?

If you can also comment on how best can I address the concerns in my second application? Thinking to get affidavit of support from her family in home country this time alongwith their bank statements, Family registration certificate, get her admission in a college at a future date (that gives a strong reason to return) and attach admission letter/fee with application, request for 3 months (not 1 year) and put names of Australia residents that I know as her contacts in Form 48. What else can I include?

Sorry, my post has gone too long but then a victim's story is never short -:)