# Student visa after tourist visa refusal.



## AprilUK (Apr 16, 2013)

Hello,

I was wondering if somebody could give me any advice on the likelihood that I may not get a student visa granted due to a refusal for a tourist visa a few months back. The only reason it wasn't granted was because immigration didn't believe me to be a genuine tourist given the amount of time I had spent in Australia ( I was on a working holiday visa for 2 years) And the fact that my partner is out there working. I am retraining to gain qualifications to further myself and where better to do it than Australia!? 

If anybody has any advice I'd be grateful!

Thanks

April


----------



## Guest (May 30, 2013)

It will be difficult thats for sure. If they didnt believe you were a genuine tourist their is no reason they would believe you are a genuine temporary entrant intending to study then leave which is the major criteria for the visa. 

WHat level you planning on studying at?


----------



## AprilUK (Apr 16, 2013)

Thanks for reply. 

Really? Good god they do make it difficult don't they! Iv been accepted at TAFE, im just waiting for confirmation of enrolement before submitting the visa. Its a salon management diploma for two years. I'm really stuck on what to do now. My fella lives there, we've been together a year, lived together for four months then holiday visa expired so returned back to the uk. 

Any suggestions? We hope to get PR in the future so really don't want another refusal on my immigration record. 

Thanks


----------



## Maz25 (Jul 6, 2008)

I agree with Shel. Every time you are faced with a visa refusal, it makes it a lot more difficult to obtain the next visa and immigration automatically scrutinises your application a lot more closely.

My personal opinion is that if you feel that your case is likely to be difficult and a refusal is likely, it is oftentimes a worthwhile investment to obtain the services of agent, even if it's just paying for a consultation and obtaining their opinion of your chances of obtaining a visa and how you can increase the chance of immigration looking favourably at your application.

Good luck with your application.


----------



## Guest (May 31, 2013)

What visa is your boyfriend on? You don't want to go about things the wrong way. Yes they make it difficult because they don't want just anyone who wants to living there. They want skilled migrants who are going to benefit australia. 

If you had been doing degree level in a highly skilled area you might have stood a chance but I don't think you stand a chance given its tafe and your circumstances.


----------



## AprilUK (Apr 16, 2013)

Thanks for your reply guys. 

My boyfriend is on a 457. We built up 4 months of evidence of our relationship and we have had a joint bank account since January. However due to me returning to the UK, we have been informed that it would be difficult for me to go on his visa because I'm not actually there, even though we are still a couple and there's no doubt that we will be in a continuing and strong relationship in the future. We had advice from a migration agent who said that it would still be possible, but the submission would need some detailed information. All we have had is conflicting information, so I really don't know what to do about it.


----------



## Guest (May 31, 2013)

Oh dear sounds like poor advice. So you lived together in australia for 4 months. Where you together before you went to australia? Living together or in a relationship?


----------



## AprilUK (Apr 16, 2013)

We met in at a wedding in Perth in 2011, my fella was on holiday and I was on whv. Kept in touch the whole time and became a couple in August 2012, he moved from rainy Cardiff in November 2012 on a 457.


----------



## Guest (May 31, 2013)

Oh dear you need to apply to be added to his 457. The requirements are much less than PR visas because if you break up you as secondary applicant have to leave the country. You could have done it in australia but can still do it now. Just gather as much evidence as you can of your relationship. 1 or 2 photos of you together at the wedding, back in the UK and then back in AU will help. As will proof of living together in AU before you left. This is why you were denied the tourist visa because they knew you were applying for the wrong visa!


----------



## AprilUK (Apr 16, 2013)

Am I correct in saying that we need 6 months evidence of "living together"? As I say we have paid migration agents for advice and been on countless forums and they have all said its possible with the evidence we have got which is quite extensive now. The only problem is the company my fella works for has been told by the migration Firm they use that it wouldn't be possible. They are the ones who suggested I go on a student visa! They said they couldn't see me having a problem with that? What do u think?


----------



## Guest (May 31, 2013)

Was the migration form a Registered Migration Agent? PM me the name of the company.

I think you have enough, 6 months is usually what they want but thats a 6 month relationship not just living together, your relationship is longer than 6 months!


----------



## AprilUK (Apr 16, 2013)

We used independent migration agents, 3 in fact. And the firm that my fellas company use is *** over in Melbourne. My fella works for an agency called *** in Perth and they have recently got into strife for fast tracking people's PR after a short time of being on a 457. Think there was big trouble from that which doesn't make me feel comfortable using them, but his employer won't give us a letter to use another agent either. It's a joke to be honest.


----------



## Guest (May 31, 2013)

So is he going to get PR? Sponsored or independently? 

The agents are all daft, lack knowledge and were looking after their reputation of 100% success instead of doing their job!

There is no living together requirement. Its a relationship requirement which is less stringent for temp visas because even if you were in a scam or new relationship if it broke down or later couldn't prove the stricter requirements for PR you leave the country! 

I honestly don't see why you wouldn't be added to his 457 now if you can prove the whole relationship. 

Youshould admit in your application you were daft for applying for the tourist visa but excuse yourself by saying it was done on poor advice from a registered agent. 

So long as his employer is willing to sponsor you as his spouse you are good to go. But you should both think about how to get PR if his employer may not offer it. Who did they get in trouble with, managers or DIAC?


----------



## AprilUK (Apr 16, 2013)

Sorry for late reply. It was both the managers and DIAC, so that's not good. If I was to a course that gave more weight to my career, do you think that would be acceptable? Instead of retraining?


----------



## Guest (Jun 2, 2013)

I still think it would be risky. Less so if you can show your CV and previous study so it is obvious progression rather than what they think is any old course to get into the country. 
You will have to declare your relationship with him which makes it risky but to not do so will mean you both risk rejection later for hiding it if you make a joint application. 

I honestly don't know why you don't just apply to be added to his 457. You do not need to use that agent you just need to get agreement from his company.


----------



## AprilUK (Apr 16, 2013)

His company won't give us permission to use another agent. I'm not sure why that is though if it is genuinely ok for me to be added to his visa. It's a really tricky situation. I have to take action this week either way. I'm going to attempt to contact immigration myself tomorrow and see if they point me in the right direction.


----------



## Guest (Jun 2, 2013)

So dont use an agent. There is no requirement saying you have to. Do it yourself it is really quite simple, just go online and apply with all your evidence of your relationship. The employer jyst needs to go online and create a nomination for you.


----------



## Chipesgeorge (Jun 21, 2017)

Hi,
I'm in the same situation as you were. My boyfriend got a tourist visa rejection from India. What did you do after your refusal?
Can you please give me some advice??
Thanks,
Chippy


----------



## NB (Mar 29, 2017)

Chipesgeorge said:


> Hi,
> I'm in the same situation as you were. My boyfriend got a tourist visa rejection from India. What did you do after your refusal?
> Can you please give me some advice??
> Thanks,
> Chippy


I think you have not noticed but this is a 4 year old thread
The member in all probability not active now on the forum
Post your question as a separate thread giving all the details

Cheers


----------

