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Welshtone · 22-04-2007, 10:14 PM

Hi Rob

You should get some sound professional advice to plan a strategy - I would recommend Alan Collett.

I would suggest the following outline of what to do but obviously I don't know the ins and outs of your circumstances and sympathise with your family's predicament. So please excuse the following advice if it sounds a bit insensitive.

Firstly, there is no way your visa application can be approved while your wife is part of your family unit. I would not, and could not, suggest you divorce etc. as that would be deceiving the Department.

So, back to a possible plan.

1 - get your skills assessed by TRA so that you are ready to apply for a visa
2- before you turn 45, you apply for a skilled visa sponsored by an eligible relative in Australia - this assumes you have one that can sponsor under the current 138 or 496 visa.

Your application can be "dragged out" to a certain extent by taking full advantage of the time periods for supplying information, documents medicals etc. Eventually, when they are ready to decide your application, if your wife is still alive, they will have to refuse your case. You then can appeal this decision (as you are sponsored, and only if you are sponsored, by a relative in Australia.) the appeal process can be a drawn out procedure also and, eventually, somebody will re-assess your case and, if your wife is still alive the case will be refused again - if your wife has passed on, and you and your daughter meet the health standards, your visas can be approved.

There is a possible appeal to the Minister as you have been through the review process but,realistically, the visa needss to be granted at the inital review stage.

So this may give you potential to get the visa up to the age of 48 or even longer, depending on how quickly they process the initial application and the review application but it is the only way I can see of extending your possible eligibility.

You will probably have other possible avenues via the employer sponsored visas when you turn 45 but I would still look at preserving the under 45 eligibility outlined above.

Regards

Tony Coates
MARN 0635896

22-04-2007, 10:14 PM	#6 (permalink)
Welshtone Senior Member Join Date: Mar 2007 Location: Cork, Ireland Posts: 346 Thanks: 0 Thanked 0 Times in 0 Posts	Hi Rob You should get some sound professional advice to plan a strategy - I would recommend Alan Collett. I would suggest the following outline of what to do but obviously I don't know the ins and outs of your circumstances and sympathise with your family's predicament. So please excuse the following advice if it sounds a bit insensitive. Firstly, there is no way your visa application can be approved while your wife is part of your family unit. I would not, and could not, suggest you divorce etc. as that would be deceiving the Department. So, back to a possible plan. 1 - get your skills assessed by TRA so that you are ready to apply for a visa 2- before you turn 45, you apply for a skilled visa sponsored by an eligible relative in Australia - this assumes you have one that can sponsor under the current 138 or 496 visa. Your application can be "dragged out" to a certain extent by taking full advantage of the time periods for supplying information, documents medicals etc. Eventually, when they are ready to decide your application, if your wife is still alive, they will have to refuse your case. You then can appeal this decision (as you are sponsored, and only if you are sponsored, by a relative in Australia.) the appeal process can be a drawn out procedure also and, eventually, somebody will re-assess your case and, if your wife is still alive the case will be refused again - if your wife has passed on, and you and your daughter meet the health standards, your visas can be approved. There is a possible appeal to the Minister as you have been through the review process but,realistically, the visa needss to be granted at the inital review stage. So this may give you potential to get the visa up to the age of 48 or even longer, depending on how quickly they process the initial application and the review application but it is the only way I can see of extending your possible eligibility. You will probably have other possible avenues via the employer sponsored visas when you turn 45 but I would still look at preserving the under 45 eligibility outlined above. Regards Tony Coates MARN 0635896