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My Fiance had been in Australian on a tourist visa for 3 times now since 2016. He always return to his country before his visa expires. 4th time he applied it was rejected for the reason that they think he won’t stay in Australia temporarily. We always submit same requirements as we did before but cannot understand why his application was rejected. Here is the part of the letter from embassy...

The applicant is currently self-employed and have provided no evidence of ongoing work commitments and income. Having considered the information, I find that the applicant has failed to demonstrate that he has significant economic ties to the [country of origin] that would induce him to return home within the validity of the visa. I have considered the offer of support provided by his relative in Australia. Generally, however, offers of support or guarantees given by family and friends in Australia are not sufficient evidence of a genuine temporary stay. The onus is on the applicant to satisfy the decision maker that the applicant intends only to stay temporarily in Australia.

I am not satisfied that the applicant’s personal circumstances support his claims that he intends to temporarily stay in Australia as a visitor. Therefore, I find that he does not meet clause 600.211.

Decision

As the applicant does not meet clause 600.211(c), I find that you do not meet the criteria for the grant of a VISITOR (Class FA) VISITOR (Subclass 600) visa. Therefore, I refuse your application for a VISITOR (Class FA) VISITOR (Subclass 600) visa lodged at [embassy/consulate].

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    You haven't said how long your fiance stayed in Australia on the previous visits. This would be his fourth visit in three years, so I imagine that the immigration officers are becoming increasingly concerned that he'll prefer to stay with you rather than return to his home country.
    – user90371
    Commented Mar 29, 2019 at 21:00
  • Thanks for the reply. It is always 3 mos. in every application but the 2nd and 3rd time we have to extend his stay as i had an injury and I live on my own thats why he help me during those times. Embassy here in Australia gave him multiple entry on those 2 extensions. We also included one of the reason on this application that he might be a witness to my ongoing injury case because he was with me when the accident happened.
    – Love24
    Commented Mar 29, 2019 at 21:07
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    Is it accurate that he has no ongoing work commitments and income? That's likely to be a significant barrier to getting a visa if true.
    – Zach Lipton
    Commented Mar 29, 2019 at 21:28
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    @Love24 Without wishing to sound unsympathetic, you gave them reasons why he would stay, not reasons why he’d leave.
    – Traveller
    Commented Mar 29, 2019 at 21:29
  • No worries😊. We are just being honest on the reason why he will be visiting here and he is self- employed and have 3 kids to come back. So they think that he is going to overstay here? It just confused me. He had a good record complying with his visa conditions. It just unfortunate that i had an injury thats why we have to extend. They can always reject if we will he will apply extensions right? I know they will always have to decide on what they think but just couldnt see them granting extension of his stay before and now they rejected his application.
    – Love24
    Commented Mar 29, 2019 at 21:53

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I really don't think this is about your fiance's employment status.

He's had three lengthy visits in the last few years, two of which have been extended. This pattern shows an intent to live in Australia, contrary to the rules of a visitor visa.

His previous visas have been granted because he didn't have the immigration history he now has, and that history forms part of the decision making process.

The immigration officer has picked your fiance's self-employed status as a specific element on which he's made a decision, but I think the decision goes wider than that.

I suggest that he waits a while before applying again. If he applies now he's likely to get a second refusal, and that will count against him. When he does apply make sure he builds a good argument for why he should return home. And consider a shorter trip - weeks rather than months.

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  • Thanks, We might consider your suggestion to wait to apply again. As what I told you if it wasnt for the iaccident I had on 2017 we wouldnt be extending his stay. And we also used that reason for the 3rd application we did and it didnt occured to us that visiting loved ones or family had a limit. Thanks again
    – Love24
    Commented Mar 29, 2019 at 23:39
  • It may help to de-emphasize your dependence on him. You needing him to help you after an accident, rather than being able to depend on family and/or friends already living in Australia, creates a powerful motivation for him to overstay.
    – Patricia Shanahan
    Commented Mar 30, 2019 at 0:25
  • Thanks. Just being honest that when he was here he was the one who helped me as my mum that lives far is Old and had a heart surgery recently. But ill try to consider your point. Thanks
    – Love24
    Commented Mar 30, 2019 at 1:26

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