Our client Will approached our firm with a pressing issue: his partner, Oasis, from a country experiencing significant political instability, had faced two Visitor visa refusals.
Will was eager to reunite with Oasis and considered applying for a Partner visa; however, the situation was complicated by an ongoing, unresolved divorce with his current spouse.
Despite his understandable reservations, Will placed his trust in Brightstone Migration, believing that a different approach might yield a positive outcome. He reached out to us, hopeful for a successful resolution to the challenges.
Background
Will and Oasis first met in a picturesque island nation in the Pacific where Oasis had resided for nearly a decade and established a fulfilling life. Their connection was immediate and they began envisioning the future of their blossoming romance. In 2019, Oasis applied for and was granted a Visitor (Class FA, Subclass 600) visa, which facilitated their initial plans together.
As fate would have it, she ultimately could not land on Australian shores due to the sudden imposition of COVID-19 lockdown restrictions. This was a heavy blow for the couple, but they resolved to reapply in 2022. Bizarrely, this application was refused.
Despite this, Will and Oasis maintained their relationship, albeit from neighbouring countries, and continued to nurture their bond from afar. In February 2024, Oasis submitted another application for a Visitor visa, with hopes of celebrating her birthday with Will and their Australian friends later in the year. Regrettably, this application was also refused.
On both occasions, Oasis’ Visitor visa applications were rejected on the grounds that they did not meet Subclause 600.211 of the Migration Regulations 1994, as determined by the delegated decision maker.
What is Subclause 600.211?
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
- whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
- whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and
- any other relevant matter
Departmental policy dictates that ‘any other relevant matter’ may describe a range of factors specific to the applicant, including, not limited to:
‘… the applicant’s employment, economic and family circumstances, the applicant’s credibility, the claimed purpose and period of stay, and the applicants previous travel history’.
The 2022 refusal explicitly indicated that Oasis’ economic circumstances were deemed insufficient to demonstrate a compelling incentive for her to return to her country of residence following her proposed stay. The case officer had encountered difficulties in verifying essential information related to Oasis’ employment and professional connections in her home country.
By 2024 Oasis had further solidified her position in her community. From personal, professional and communal perspectives, her life in her town had become firmly established; it was clear that her ties and commitments there could not be easily displaced by a temporary visit to Australia.
Despite the absence of options for refund or review, the couple remained disheartened but steadfast in their hope for a positive resolution.
How Did We Secure the Visa?
From the outset, Will and Oasis recognised that their matter required a meticulous and strategic legal approach. Aware that the history of two previous refusals could negatively impact Oasis’ fourth Visitor visa application, the Brightstone Migration team immediately undertook a comprehensive case assessment. This involved a detailed review of Oasis’ entire visa history including for Australia and other countries.
The next critical step was to assist Oasis in demonstrating her commitment to return to her country of residence, where she held a long-term permit to live and work until mid-2025. This task was comprehensive in nature as it involved collating a diverse range of evidence to highlight her personal and professional obligations in her country of residenceas well as her involvement in the local community.
The Brightstone Migration team promptly prepared a thorough legal submission fully aware of the approaching date of Oasis’ birthday and the couple’s desire to celebre this occasion in Australia.
Like a phoenix rising from the ashes, the visa grant brought tears of joy to our client.
Oasis was granted a Visitor visa valid for one year, allowing her to travel to Australia at any time within the 12-month period. Unexpectedly, despite applying for a single-entry visa, the Department issued a multiple-entry Visitor visa. This granted Oasis the ability to make several visits to Australia with each stay permitted for up to three months from the date of arrival. This additional flexibility was a welcomed surprise for the couple.
Moreover, the visa allowed Oasis to study or train in Australia for up to three months, and the discretionary 8503 No Further Stay Condition was not imposed. This provision enabled Oasis to apply for another visa while in Australia, if needed.
With this positive outcome, Oasis and Will could finally enjoy their long-awaited birthday celebration and holiday together on Australian soil.
Managing a long-distance relationship can be challenging, particularly when visa issues arise. If you are facing similar difficulties, don’t hesitate to contact us to explore your options and find a solution: Book a Consultation.
Testimonial
RG
We have extreme confidence that Mei and the migration team are dedicated with achieving the best result for the client.
I recommend Brightstone Migration to anyone and everyone seeking assistance with their visa application or who require support navigating the Australian Migration framework. Having previously encountered difficulties in obtaining a visa by ourselves, my partner and I consider ourselves very fortunate to have found Brightstone as Mei and her team exceeded the expectations we had for the outcome of the visa, as the result achieved more than what we thought could be possible. We will be continuing to engage with Brightstone as we have extreme confidence that Mei and the migration team are dedicated with achieving the best result for the client.
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Free Assessment
Please call us or fill in the questionnaire here for a free initial assessment. After a simple communication, we will understand your concerns and visa requirements in detail, and then provide a timely and comprehensive professional consultation with tailor-made plans.
Consultation
Our consultations are typically 45-60 minutes long, which allows us to provide you with a detailed strategy to address the needs and concerns you raised with us during the initial call.
Our fee is $300 + GST for the full session. You can book in a consultation by calling us, emailing us or filling in the Contact Us form.
Developing and Managing a Strategy
During our consultation session, we will go through in more detail your background and circumstances to ensure that we can provide a tailored solution to your problems and making sure that you meet all the legal requirements. If we notice any potential issues, we will also immediately formulate a solution.
We’ll also balance time required, cost and difficulty and allow you choose the most appropriate strategy. We will then attend to all visa application matters on your behalf.