taffordbark Posted May 22, 2009 Share Posted May 22, 2009 Nearly three years ago we decided to see if it was possible to go to Australia. We contacted an agent who assured us that Carpet fitters were on the list and invited us to apply using skill path D. The other issue at the time was that we were long term foster carers of two sisters,who we love very much and were not going without them. We started the visa application gathering information for pathway D and at the same time started the process for adoption,which we were not guaranteed to get as it was fiercly contested by the birth family with whom the girls had very little contact. Our dreams seemed to be fading in October 2007 when we found out that pathway D had been suspended, we were then told that the birth mother was trying to overturn the care order in order to try to get the girls back ( the girls had only lived with her for 2 + 3 years and at this time they were 11 + 12 respectively) We were about to give up hope,we wished we had never started the whole thing,we had paid an agent £3500 and they seemed to be doing nothing. January 2008 saw some light as the birth mother had withdrew her application to overturn the care order as the independaant assesment of her deemed that she was unanble and incapable of caring for them. We then had the question of a visa,no pathway D and at the time seemingly no way of getting there. After sending a considerable amount of e-mails to various people in Adelaide,the gods must have been smiling on us as we were contacted by someone who was looking for someone with my skills. He agreed to sponsor us,we were overjoyed. With this we could now go back to court to show the judge that we had a clear way of entering Australia,he was still unsure about severing any ties with birth family and ordered the legal bods to investigate the possibilities of special guardianship orders. Some months later the news came back from Aus that special guardianship orders would not suffice as it would leave the childrens legal immigration status uncertain when they reached 18. He also pointed out that adoption under the childrens act 1989 could not be used as a device for another purpose . The decision had to be made as to what was in the childrens best interest,he ruled on the 17 th of December 2008 that it was in the best interest of the children to emmigrate and granted the adoption,,,,phew we were over the moon. Meanwhile,because we were certain that the order would be granted,we had the sponsorship in place etc,we decided to go for our medicals. We were absolutely devastated to find in March this year that my son had had his medical refused because he has been Diagnosed with Aspergers syndrome,which is on the autistic spectrum. We realised that we had made a classic mistake of not obtaining up to date reports before the meds were done,the panel doctor barely gave him a look and because he is no trouble to us we didnt even consider him being a problem to the Australian health authorities. Plus at the time of the meds we were totaly distracted by the adoption issues and didnt realise that his statement of special educational needs were out of date. We obtained letters from his school,the medical psychologist ,scout group,uncle Tom Cobley and every one we could.We sent them off to the medical bods in Aus,thinking we had half a chance,but hedging our bets by planning a new life in this county as we were not confident that we would have the visa accepted. Today we got our visa,it has been a trial to say the least,we never gave up and we urge others who are in any sort of predicament such as ours not to give up if it is what you want. What I have wrote here is a brief summary of events just to outline the hurdles we have overcome. I would like to offer Gill Palmer (Gollywobbler) a special thank you. She has been an absolute rock right through this,we have learned so much and without you Gill we would have been all at sea,you are a diamond! Link to comment Share on other sites More sharing options...
Guest zedster Posted May 22, 2009 Share Posted May 22, 2009 amazing Link to comment Share on other sites More sharing options...
Dawny Posted May 22, 2009 Share Posted May 22, 2009 Wow a huge congratulations on getting the visa at long last, You truly sound an amazing family, Wishing you all a very happy future, all the best :wubclub: :hug: xx Link to comment Share on other sites More sharing options...
Guest Karin_and_Mervyn Posted May 22, 2009 Share Posted May 22, 2009 A huge, huge congratulations for you, and just, good on you mate! What a fantastic story, and hats of to you for fighting, and keep on fighting, until you got what you wanted (some serious recognition here). I wish you more than the best in Oz, and I am absolutely convinced that you will make a good go of it... Cheers, Karin Link to comment Share on other sites More sharing options...
taffordbark Posted May 22, 2009 Author Share Posted May 22, 2009 Thank you very much,,didnt think it was that interesting to anyone else but I know a few people have been following our progress so I thought I would let you know how we were going on Link to comment Share on other sites More sharing options...
The Ozcans Posted May 22, 2009 Share Posted May 22, 2009 How brilliant! Well done and I hope your new lives in Aus will be brilliant too. Loads of luck Sue x Link to comment Share on other sites More sharing options...
Guest psmdwaiting Posted May 22, 2009 Share Posted May 22, 2009 Fantastic! , CONGRATULATIONS!! and all the very best to you and your family!! :smile: Link to comment Share on other sites More sharing options...
Guest chris_mac Posted May 22, 2009 Share Posted May 22, 2009 Best of luck with you new life guys. You derserve it. Chris x Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 22, 2009 Share Posted May 22, 2009 Hi All I wasn't going to have a drink till Taffordbark rang me earlier to tell me the FANTASTIC news that their visas were granted today! That was a good enough excuse to beetle out to the shops to get a bottle of vino.... In the last few months Taffordbark & I have had several chats on the phone about the legal headaches surrounding the Adoption and how that all ties in with Aussie Immi Law and then later about his son's meds. I can say here and now that Taffordbark is an inspirational man. He has had one hurdle after another with their plans. Each time he has sighed, rolled his sleeves up, stayed calm, risen to the challenge and overcome the barriers. He and his family sooooooo deserve their visas and I am absolutely over the moon for them all. Cheers, Taffordbark & family. Your very good health. (Slurp.) With love Gill xxx :hug::jiggy: Link to comment Share on other sites More sharing options...
Guest kirsteen Posted May 22, 2009 Share Posted May 22, 2009 Congratulations on getting your visa and on not giving up when you faced so many hurdles. Fantastic post so pleades for you all. Christine Link to comment Share on other sites More sharing options...
Guest Magnetic6 Posted May 22, 2009 Share Posted May 22, 2009 Taffordbark....WOW! Can't think of anything else to say that would do justice to your post! Well done to all the family and many congratulations on such a well deserved visa, Natalie x Link to comment Share on other sites More sharing options...
taffordbark Posted May 22, 2009 Author Share Posted May 22, 2009 Hi Taffordbark hope you don't mind me asking our son has Aspergers Syndrome but isn't statemented or go to a special school, what sort of things should we provide at the medical? I'm really worried he sees a child pyschologist once every six months she says he is intellectually gifted and will grow up to leave a fullfilling normal life. Would a letter from her be sufficient do you think? Hi Shelly. The mistake we made was not presenting an up-to-date psychiatric report from the doctor that he has seen since he was 3. When you go for your meds,make sure you tell the panel doctor in advance about your sons' condition. Ask him to allow you extra time to examine your son properly. Ask for a copy of the report that he is sending to the MOC. Make sure you get as many possitive reports as possible,I think the fact that he is not statemented may help however do not leave anything to chance as a lot of local authorities in England are reluctant to give statements as it means they are obliged under the law of the land to make financial provision for the childs education and believe you me ,getting my sons' statement was another story,we threatened to sue the local authority because they thought if they told us no! a couple of times that we would go away quietly as I am sure a lot of people do ,much to the detrement of their childrens personal education plans and their future. As far as I am aware in Scotland they do not issue statements any more but have some other way of dealing with SEN children. Stay possitive, Aspergers has recently been re-classified as a difference and not a disability by the Workd Health Organisation,however this may take a few years to filter down to the medical bods in Aus. The other thing on your side is the present immigration minister in Aus is absolutely appalled by PIC 4005 and is setting about to question why they are actively discrimminating against disabled children of workers that the Australian economy is desperate to get. You know your child and what he is capable of,we were just about to give up and are absolutely over the moon like you would not to believe. If you need any more advice I am here to help, we got our visa through sheer determination,there is absolutely no reason whatsoever to suggest that you cannot do the same.:hug::hug: Link to comment Share on other sites More sharing options...
Guest purplewitch Posted May 22, 2009 Share Posted May 22, 2009 WOW that is a truly inspirational post and after my pants news today I have renewed hope in eventually getting there You sound an amazing dad and I hope you and your family have a fab life in Oz well done guys!!!! Link to comment Share on other sites More sharing options...
taffordbark Posted May 22, 2009 Author Share Posted May 22, 2009 Am not so special,just an ordinary guy doing the things for his kids that an parent would. My wife on the other hand IS special,she has been the driving force behind this and quietly steps back into the shadows when she has done her bit Link to comment Share on other sites More sharing options...
Guest purplewitch Posted May 22, 2009 Share Posted May 22, 2009 Am not so special,just an ordinary guy doing the things for his kids that an parent would.My wife on the other hand IS special,she has been the driving force behind this and quietly steps back into the shadows when she has done her bit ah no dont be modest!!!!!! Although us wives do most of the stuff LOL, but praise where praise is due! Link to comment Share on other sites More sharing options...
taffordbark Posted May 22, 2009 Author Share Posted May 22, 2009 Forgot to say Purple which,,if you want it you will find a way never ever ever ever give up your dream,,and please keep me posted on how you are doing,,there is always a way,don't ever take no for an answer,always question the negatives,,and learn how to politely be a right pain in the arse to the nay-sayers, do your research and trust the experiences of others,,but most importantly never ever ever ever ever give up Link to comment Share on other sites More sharing options...
Guest purplewitch Posted May 22, 2009 Share Posted May 22, 2009 I have had aminor wobble today BUT your post has reassured me there is a way..... Fortunatley mine is only a minor thing with timescales and stuff but its good to know that its there if you really want it Link to comment Share on other sites More sharing options...
taffordbark Posted May 22, 2009 Author Share Posted May 22, 2009 I have had aminor wobble today BUT your post has reassured me there is a way..... Fortunatley mine is only a minor thing with timescales and stuff but its good to know that its there if you really want it Ha ha read your post literaly thought aminor wobble was a medical condition and looked it up on wikepedia then realised you had left the space out between a and m,,,,silly me hahaha Link to comment Share on other sites More sharing options...
Guest purplewitch Posted May 22, 2009 Share Posted May 22, 2009 Ha ha read your post literaly thought aminor wobble was a medical condition and looked it up on wikepedia then realised you had left the space out between a and m,,,,silly me hahaha LOL it probably is a medical condition for those ladies like me who are a tad overweight!!!!! Link to comment Share on other sites More sharing options...
Quoll Posted May 22, 2009 Share Posted May 22, 2009 Oh well done! I hope you dont have any more hurdles on your way here! Congratulations. Link to comment Share on other sites More sharing options...
taffordbark Posted May 23, 2009 Author Share Posted May 23, 2009 Oh well done! I hope you dont have any more hurdles on your way here! Congratulations. Once again thank you and thank you to everyone else who has taken the time to read our story,I hope it will prove to be an inspiration to those who feel that lifes difficulties can seem daunting. Link to comment Share on other sites More sharing options...
Guest sunnyday Posted May 23, 2009 Share Posted May 23, 2009 Once again thank you and thank you to everyone else who has taken the time to read our story,I hope it will prove to be an inspiration to those who feel that lifes difficulties can seem daunting. It absolutley does!! Every credit to you and your wife!! Good luck for the future xx :hug: Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 23, 2009 Share Posted May 23, 2009 Thanyou for your posting your insperational story and the advice you have given to me. I also believe we CAN and WILL make our dreams come true. I'm also glad that people are starting to see Aspergers as a difference and not a disability :-)Thanyou again Very well said, Michelle. Taffordbark really is a great guy. :yes: Cheers Gill Link to comment Share on other sites More sharing options...
taffordbark Posted May 24, 2009 Author Share Posted May 24, 2009 Oh my god!!!!!!!!!!!!!!!!!! you live in Bury.....................we are just up the road from you in Heywood!!!!!!!!!!I will pm you my number and we can meet up for a chat Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 24, 2009 Share Posted May 24, 2009 Hi Chinaplate Welcome to Poms in Oz. As you say, the Minister's Inquiry is an immensely welcome development. So are the new State Waiver arrangements: States urged to support regulations for health waiver The text of the Minister's statement is: States urged to support regulations for health waiver Wednesday 26 November 2008 The Minister for Immigration and Citizenship, Senator Chris Evans, today urged state and territory leaders to support Migration Regulations which will allow for a possible waiver of the health requirement for certain permanent visa applicants in areas of demonstrated need. If the states and territories agree, a waiver will be available for onshore applicants and their dependents who do not meet the health requirement for regional, state/territory and employer sponsored visa categories. Senator Evans said the regulations will enable the Department of Immigration and Citizenship (DIAC) to waive the health requirement after seeking input from the states and territories in cases where there is a public interest in the applicant gaining permanent residency in Australia. ‘The waiver for the health requirement will be available on a case by case basis where an overseas worker in Australia is meeting a demonstrated skill need and where there are compelling or compassionate circumstances,’ Senator Evans said. ‘This will assist people who are who are already living and working in Australia and providing a valuable service in their community but currently are not eligible for permanency because they do not meet the health requirement.’ Health waivers are currently only available for some family and humanitarian visa classes. ‘I urge the states and territories to now agree to the enabling of these regulations to assist people seeking regional, state/territory or employer sponsored visas,’ Senator Evans said. All applicants for permanent visas must meet the health requirement and any health or community care issue with significant cost implications can to lead to the health requirement not being met and a visa being refused. When assessing the health requirement, the estimated cost to the public health system is taken into account, along with state-related costs such as special educational needs, assisted accommodation and community care. ‘The amended regulations will provide the department with the flexibility and the discretion to waive the health requirement after seeking the views of the state or territory,’ Senator Evans said. Part of the row in the case of Dr Moeller was that the Migration Regulations were amended in 2006 to allow the States & Territories to use the health waiver provisions described above but by the time that Dr Moeller's visa was refused in October 2008 none of the States & Territories had signed up to participate in the waiver arrangements. Had the State Government of Victoria done so the State Government would have been able to use its discretion, DIAC could have granted a health waiver and it would not have been necessary for Dr Moeller to appeal to the Migration Review Tribunal and then direct to the Minister. Appeals are costly and they are also extremely stressful. On 25th March 2009 Victoria and the Australian Capital Territory both confirmed that they have now adopted the waiver arrangements. A couple of weeks ago West Australia confirmed its own participation. So far none of the other States & Territories have joined in with the waiver but the Minister has taken personal possession of sorting out his own objections to the way that the health requirement currently works. He is very energetic and he is also very effective, whether or not one agrees with his strategies. If he wants change he pushes it through and he has demonstrated with the skilled migration programme that he is not afraid to make radical changes if he thinks they are needed. All that said, anybody with a disabled Partner or child should, please, take specialist legal advice about the possibility of the State waiver being available. The idea is not without risk because to get it to work the family would first need to be in Australia as temporary residents and in a position to apply for an onshore skilled visa. Going to Oz on a temporary visa with no certainty that the relevant State would intercede in the end is a risky business. Agents who simply want to sell visas but have no real understanding of the relevant law and no concern for their clients' futures either will be likely to try to sell the possibility of the State health waiver as some sort of "sure fire can't fail" idea when nothing could be further from the truth. Anybody for whom this new provision is a realistic possibility really does need very careful advice from genuine experts in this field who genuinely know what they are doing and talking about with this legislation. Best wishes Gill Link to comment Share on other sites More sharing options...
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