Hi to all, great website,
My situation is this,
Im 43 and have a trade on the wanted list and satisfy all other requirements except.....
My wife has incurrable bone cancer and has probably another 5 years left.
If I wait until shes gone to apply it will be too late for me as I will be well over the age limit.
I have discussed this with my wife and she is in agreement that I apply now as when shes gone I dont want to stay around with all the memories, we also have a 10 year old daughter, so its for the future of my daughter that I want the visa.
My wife has no intention of wanting to be included in my application for Australian residency and also she is too ill to travel that far and the main thing is that she would be rejected by the Australian Authorities because of her medical condition.
So If I am to apply to Emigrate would I have to divorce my wife first as her condition could jeopordise my application due to her medical condition even though she dosnt wish to be included in the application.Or is there a way I can apply still being married to my wife even though she dosnt want to be included in my application.
This situation/dilemma is causing me so much stress and anxiety I would really appreciate someone giving me some advice on what to do as time is running out for me and I need to get my application lodged this year.
N.B: I lived in Australia for 8 years when I was a child and have travelled there many time since, I also have close familly living there.
I look forward to hearing your replies........many thanks...........Rob
Location: Moonee Valley, Melbourne - Formerly Eastleigh, Hampshire
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Hi, Rob,
welcome to pio, I would suggest talking to an agent, have a look through previous posts for info, yours is a unique situation so you will need to speak to someone with good knowlege of the migration process, there are a few who come on here so they may well answer your post
Hi, Rob,
welcome to pio, I would suggest talking to an agent, have a look through previous posts for info, yours is a unique situation so you will need to speak to someone with good knowlege of the migration process, there are a few who come on here so they may well answer your post
my thoughts are with you and your family
Hi Rob
I'm afraid that I don't know the answer to your question either. There are 3 Registered Migration Agents who regularly contribute to this site. Two of them are in Australia so that may come in with replies later on in the night.
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.
welcome to pio and I sympathise with your predicament. What a brave and courageous wife you have. I agree that talking to an agent as your situation is unique and as tony highlights you do have some options.
Good luck
Ali
__________________ I am toopositive to be doubtful, too optimistic to be fearful and too determined to be defeated!
I cant answer your queries either but our heart and thoughts are with all your family at this difficult time, keep you chin up hun. Lots of people on here who will give you words of wisdom and support
