Expat Forum For People Moving Overseas And Living Abroad banner

1 - 7 of 7 Posts

·
Registered
Joined
·
14 Posts
Discussion Starter · #1 ·
Hello

I want to comprehend all the process here.

There is a guy who is in Austrlia on a bridging visa. We were thinking of our future together. However I got to know that his visa is being refused because of False documents. He never intended to submit false documents but he is just a victim of the agent. Now he has put an appeal for department to review his application that it was the third partu who was fraudlent and he was just a victim.

My question is if in worst case, he gets a ban. Can I apply for Canada PR from India, and once I get it and if we get married, can he come in to my file as spouse visa?

Do you see any apprehensions with that? like his visa getting rejected as a spouse if he was earlier banned inaustralia? etc..what other options do we have?

Best Regards
 

·
Registered
Joined
·
5,182 Posts
third party fraud is the applicant's responsibility. He has no grounds for appeal. Section 98 of the Migration act says "A non-citizen who does not fill in his or her application form or passenger card is taken to do so if he or she causes it to be filled in or if it is otherwise filled in on his or her behalf."

In plain English, an action of an agent is YOUR action, and you can't argue in review and/or court that it's their fault. He can sue the agent for damage, but that won't change the visa refusal/fraud/ban fact
 

·
Registered
Joined
·
14 Posts
Discussion Starter · #3 ·
Aus Visa Ban

Hello Again,

Thank you so much for your prompt response.

THanks so much for your advice on this ! Can you also suggest about the second idea? If i sitting in India, apply for a PR of different country like Canada and lets assume I get it. IF he then comes in my application as Spouse(after we get married), can this Ban of australia be a problem?

Or if I first get married to him and then start our PR process together to stay in Canada or New Zealand, are there any chances for him not getting approval because he has a ban in australia or if he had a ban in Australia?


Best Regards

Hello

I want to comprehend all the process here.

There is a guy who is in Austrlia on a bridging visa. We were thinking of our future together. However I got to know that his visa is being refused because of False documents. He never intended to submit false documents but he is just a victim of the agent. Now he has put an appeal for department to review his application that it was the third partu who was fraudlent and he was just a victim.

My question is if in worst case, he gets a ban. Can I apply for Canada PR from India, and once I get it and if we get married, can he come in to my file as spouse visa?

Do you see any apprehensions with that? like his visa getting rejected as a spouse if he was earlier banned inaustralia? etc..what other options do we have?

Best Regards
third party fraud is the applicant's responsibility. He has no grounds for appeal. Section 98 of the Migration act says "A non-citizen who does not fill in his or her application form or passenger card is taken to do so if he or she causes it to be filled in or if it is otherwise filled in on his or her behalf."

In plain English, an action of an agent is YOUR action, and you can't argue in review and/or court that it's their fault. He can sue the agent for damage, but that won't change the visa refusal/fraud/ban fact
 

·
Registered
Joined
·
5,182 Posts
Hello Again,

Thank you so much for your prompt response.

THanks so much for your advice on this ! Can you also suggest about the second idea? If i sitting in India, apply for a PR of different country like Canada and lets assume I get it. IF he then comes in my application as Spouse(after we get married), can this Ban of australia be a problem?

Or if I first get married to him and then start our PR process together to stay in Canada or New Zealand, are there any chances for him not getting approval because he has a ban in australia or if he had a ban in Australia?


Best Regards
I don't have much knowledge in NZ or Canada, and I'd rather not give advice than give wrong advice. Sorry :(
 

·
Registered
Joined
·
83 Posts
I suggest you rather take help of an immigration lawyer....its a pretty complicated problem and I doubt if anyone might actually be able to offer any advice. Even if you do get advice I would still recommend working it out through a lawyer
 
1 - 7 of 7 Posts
Top