KKRox Posted October 22, 2014 Share Posted October 22, 2014 Hi everyone. I have a few issues that I would like some feedback on. Firstly, I am an Australian born citizen. My partner however is a uk citizen and is currently on a 457 and has been since June 2012. His employer and him dont get along so we r looking at applying for the spouse visa. We have been together since April 2011 and got married in July 2014... we also have a child together who was born in July 2012 (we moved fast). Of course that makes us eligible for him to get the 801 immediately. ..however this is where is gets complicated. Prior to receieving his 457 he was on a 820 with another Australian girl. That relationship ended in January 2011 as she changed as a person and went a little loopy....she had a brain tumor during their relationship and changed as a person after brain surgery. She just up and left him one day with no real explanation. he notified immigration and they verbally told him not to cancel his visa until he had another one sorted out....that took him over a year to find an employer for a 457... his ex girlfriend/ sponsor never notified immigration and to this day hasnt. in 2012 my partner received a letter from immigration regarding the 801. He then replied in writing asking them to withdraw the visa as his 457 was about to be approved. Upon reading everything there is to know about the 820 we r starting to think that the gap between him ending the relationship with her and the start of the 457 he was actually here illegally??????? Even though someone at immigration told him not to cancel his visa as his sponsor agreed to sponsor him for 2 years so he was allowed to be here....that is starting to sound like BS. We finally have the $4575 saved to apply for the 820/801 but now are scared that he will get in trouble for being ill advised by someone at immigration. He needs to state on the application when his last relationship ended and we arent going to lie at all and it will be evident that immi will have thought he was with her in 2011 on the 820 when in fact he was with me. We want to be honest and up front but dont want to jeopardize his future in austrlia especially because we have a 2 year old daughter that needs her dad. What do we do? Go for it or find another 457 that may one day become permanent? Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted October 22, 2014 Share Posted October 22, 2014 Speak to a migration agent. It is highly unlikely someone at immigration told him that he could just hang around for a year illegally whilst he looked for a new visa. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 22, 2014 Share Posted October 22, 2014 Contact a reputable MARA registered agent. We have a number posting on here. This is really the kind of thing you need proper advice on. Quote Link to comment Share on other sites More sharing options...
Killara Posted October 22, 2014 Share Posted October 22, 2014 I actually wouldn't be too surprised if someone from immigration did tell him that. Whether that is recorded in their records however is another matter. Either way, it doesn't sound like he wasn't here illegally - unless the 820 was cancelled some time before the 457 was granted... and it doesnt sound like that happened... in which case, he was here legally on his 820 visa, just that he no longer qualified for it and it would have been subject to cancellation by immigration if they had been informed and acted on the information. The way this is most likely to affect you and your partner now is that it may either lead to credibility issues with his new partner visa application, or raise concerns about compliance with conditions of previous visas. I would think that your partner will be able to submit his new partner visa application, but it would be advisable to establish what the Department's records show about his previous partner visa. This can be obtained through a Freedom of Information request. Like others have said, I would recommend that you and your partner speak to a registered migration agent for professional guidance and advice with this application. Quote Link to comment Share on other sites More sharing options...
KKRox Posted October 23, 2014 Author Share Posted October 23, 2014 I actually wouldn't be too surprised if someone from immigration did tell him that. Whether that is recorded in their records however is another matter. Either way, it doesn't sound like he wasn't here illegally - unless the 820 was cancelled some time before the 457 was granted... and it doesnt sound like that happened... in which case, he was here legally on his 820 visa, just that he no longer qualified for it and it would have been subject to cancellation by immigration if they had been informed and acted on the information. The way this is most likely to affect you and your partner now is that it may either lead to credibility issues with his new partner visa application, or raise concerns about compliance with conditions of previous visas. I would think that your partner will be able to submit his new partner visa application, but it would be advisable to establish what the Department's records show about his previous partner visa. This can be obtained through a Freedom of Information request. Like others have said, I would recommend that you and your partner speak to a registered migration agent for professional guidance and advice with this application. Thanks for the information. It has put my mind at ease a little bit. We are likely to go talk to a migration agent now before we apply. I see it this way, we are being honest and are hiding nothing so that can possibly help towards our integrity in the matter. I can see how it will effect his credibility and it will raise concerns regarding his previous visas. I do know that he did notify immi again once his 457 visa application was received and he got a letter in return stating he was then on a Bridging A visa until the new visa had been approved, which was a matter of weeks. So you are right, he has never really been here illegally. We are just so worried that they will kick him out of Australia and it is the last thing in the world that we want to happen. Our daughter is our main priority in life and not having her father around because of immigration issues is a tough thing to think about. But I guess rules are rules. Our only hope is to be 100% truthful through the process and pray that it helps to get through it all. Thanks again for your comments Quote Link to comment Share on other sites More sharing options...
KKRox Posted November 8, 2014 Author Share Posted November 8, 2014 Just an update....we put the application in for this one yesterday. ..I will let you know the outcome whenever we hear anything from immi. My husband has been on the phone to immi so many times this week however its impossible to get consistent answers to his questions. They are pretty rude on the phones so he went in to the brisbane office and theu were just as bad. To make things even more difficult he resigned from his 457 job so needs to notify immi on Monday to seek a bridging visa (likely will be BVE... we know its not the best visa to be on but its better than him being so unhappy at his job) Wish us luck! Dealing with immi at the moment just makes me feel sick... so stressful! Quote Link to comment Share on other sites More sharing options...
KKRox Posted November 22, 2014 Author Share Posted November 22, 2014 Medical has already been requested...this was done last week. In the meantime he has cancelled the 457 and is now on Bridging Visa E. ...just waiting for the no work condition to be lifted. Quote Link to comment Share on other sites More sharing options...
KKRox Posted November 22, 2014 Author Share Posted November 22, 2014 P.s. we were told 6 months for the visa to be granted as the wait time...this was provided in writing. Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted November 23, 2014 Share Posted November 23, 2014 (edited) Yiiiiiiikes. You were so concerned about him never having been here unlawfully... and now he has been. The BVE means he's allowed to stay in the country, but it's granted when people are unlawful non-citizens, which he was the second he cancelled the 457. Not only does he have no work, study or travel rights (you know you can get the work waived via hardship application, but it's not guaranteed) - so he can't leave the country at all during the next year+ while they process his 820 - but also any time he's spent in the country prior to this now no longer counts toward citizenship. Is that really better than being unhappy at his employer? Obviously that's something only you can decide, but yikes - I wouldn't want to be on a BVE for anything. Edited November 23, 2014 by CollegeGirl Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted November 23, 2014 Share Posted November 23, 2014 FYI, it makes no difference that they told you "in writing" that the wait time for the 820/801 is 6 months. The average processing time for this visa is 12-15 months right now. Check the Immi website (relevant part is highlighted in yellow) - it's one of the few things they have accurately updated. A FEW people have been getting theirs around 6-7 months, but I wouldn't count on that. Quote Link to comment Share on other sites More sharing options...
ramot Posted November 23, 2014 Share Posted November 23, 2014 (edited) something that seems unclear to me is being here unlawfully when on bridging visa E? last year my daughter was on this visa, having left a 457 job, had lodged her application for the 820 visa during the time allowed to try to find another sponsor, and then on visa E, till the 820 would be granted. After a short while on visa E she was granted full work rights. So it seems strange that you are here unlawfully theoretically, but at the same time allowed to work, pay tax. this stayed in place until the 820 issued aprox. 4 months later. She went on b v E as the 457 visa only ceases, even if cancelled, until time expired for the original length it is granted for, in her case 4 years, so had a couple of years left. just read on the immigration web site that if b v E issued after holding a substantive visa then you are here lawfully until another visa granted. Obviously you would have to leave if not granted. Edited November 23, 2014 by ramot Quote Link to comment Share on other sites More sharing options...
KKRox Posted November 23, 2014 Author Share Posted November 23, 2014 We arent worried about the no travel part of the BVE and in regards to work rights we have applied so if they arent granted we will worry about it the . He is going straight on the 801 as all reciepts etc from immigration state this as we have been together for long enough plus we have a child. Everyone on this forum seems a bit over the top regarding immi. Yes things can go wrong but no point scaring everyone. We will worry about things if we need to or seek help from a migration agent. Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted November 23, 2014 Share Posted November 23, 2014 Yes, obviously he'll go straight to the 801. That's not in doubt. But that doesn't change the processing time. No one is trying to scare anyone. But if it were me I wouldn't want to start my citizenship clock over again or be completely unable to leave the country if there were a family emergency. Guess I'm just weird. Quote Link to comment Share on other sites More sharing options...
KKRox Posted November 23, 2014 Author Share Posted November 23, 2014 True. The family emergency part would be the worst. The citizenship thing is a bit annoying too but at the end of the day as long as he gets permanent residency we dont really care. If all this goes bad then we will return to the uk I guess as I am a dual citizen...otherwise we will return to South Africa where my husband was born. Wait and see I guess. Will keep you updated once we hear anything Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted November 23, 2014 Share Posted November 23, 2014 Awesome. I hope you DO hear within six months - it'd be awesome if you guys were one of those super-quick cases. Keeping my fingers crossed for you. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.