Fast-tracking partner visa on compassionate grounds?

**azure** · 10-04-2010, 09:14 PM

Hi there,
I’m an Australian and my husband is British. We’ve been living in the UK, and were planning to move to Oz at the end of the year, but my father has suddenly gotten seriously ill, so we’ve decided to move immediately.
Dad's prognosis isn't good so I’m moving back as soon as I can get things sorted out – probably 3 weeks. I understand that we could try to get my husband into the country on a tourist visa, and then apply for a partner visa once we’re there, but I’m afraid that they’ll get guess what we’re up to because he won’t have a return ticket and will give him that ‘no further stay’ restriction, or whatever it is, so he can't apply.
So instead we'll probably do it from the UK, and he'll have to wait 12 weeks until he can join me. With Dad's illness, it's not the best time to be separated for 3 months.
Is there a way to ask for fast-tracking on compassionate grounds?
Many Thanks

**siamsusie** · 10-04-2010, 09:35 PM

Originally Posted by azure

Hi there,
I’m an Australian and my husband is British. We’ve been living in the UK, and were planning to move to Oz at the end of the year, but my father has suddenly gotten seriously ill, so we’ve decided to move immediately.
Dad's prognosis isn't good so I’m moving back as soon as I can get things sorted out – probably 3 weeks. I understand that we could try to get my husband into the country on a tourist visa, and then apply for a partner visa once we’re there, but I’m afraid that they’ll get guess what we’re up to because he won’t have a return ticket and will give him that ‘no further stay’ restriction, or whatever it is, so he can't apply.
So instead we'll probably do it from the UK, and he'll have to wait 12 weeks until he can join me. With Dad's illness, it's not the best time to be separated for 3 months.
Is there a way to ask for fast-tracking on compassionate grounds?
Many Thanks

Good morning Azure, stressful times for you

I will send you a pm

cheers Susie

**wellieboots** · 13-04-2010, 08:23 AM

I don't know the answer, but I just wanted to wish you good luck and bump your thread up a bit. I found the whole visa application (and am still finding it) really stressful, so I really hope DIAC are able to help you out with this.

all the best

**gary12** · 13-04-2010, 08:34 AM

You could do with Gill, (Gollywobbler) on this site just search for her and send her a pm, she is very helpful and if she doesn't know the answer she will do her best to find someone who does.

She is UK based so give her chance to get up and about .

regards
Michelle

**Skerly** · 13-04-2010, 08:41 AM

Hi there

Sorry to hear of your Dad's current situation. I am sure if is a very stressful time for you all.

This may not be of much help and somewhat different to your situation but I had to return to Ireland (I am a Dublin girl living in Sydney with my Aussie husband) 2.5 years ago to say goodbye to my mother who was passing away from a long battle with Alzheimer's. Even though she had been ill with the disease for a long time, the call from home telling me to return ASAP was sudden and unexpected. At the time I had just lodged my permanent residency visa in Melb (at the time I had spent 2 years living there) and wasn't sure if I'd have issues returning. When I called the 'visa people' in Melb they were incredibly helpful and rushed through my case immediately. I was told when I lodged the initial perm. res. application I should expect to wait 2 months to hear back, (I wasn't really supposed to leave the country at that stage as I was mid-application for the perm). When I spoke to the girl from the dept. she found my file and approved it immediately. I picked up my permanent res. visa the very next morning.

All this is different to your situation but I would advise you calling the embassy (or whatever organisation you guys use in the U.K. for Aussie visa purposes) where you have lodged your partner's visa app. and see what they say. No harm in asking, and being honest with them. They may knock you back, but you could be lucky, get the right person and they'll speed up things for you.

Best of luck!

**Pumpkin** · 13-04-2010, 09:35 AM

As far as I can tell, from a lot of reading around on these forums, partner visa is not taking anything like 12 weeks if lodged in the UK. Many are taking two or three weeks. I think it would be better to lodge here and from what the previous poster states, making a phone call to explain the situation could help and certainly has no downside.

**azure** · 13-04-2010, 01:25 PM

Many thanks to you all for your replies and good wishes. I think we've decided that he'll apply from the UK, in the hope that it won't take 12 weeks, and that he can visit on a tourist visa if Dad deteriorates in the meantime, or if I need him with me. We have just started the long march up the mountain of documentation required (sigh).
Thanks again.

**ABA** · 14-04-2010, 03:11 AM

Originally Posted by azure

Many thanks to you all for your replies and good wishes. I think we've decided that he'll apply from the UK, in the hope that it won't take 12 weeks, and that he can visit on a tourist visa if Dad deteriorates in the meantime, or if I need him with me. We have just started the long march up the mountain of documentation required (sigh).
Thanks again.

When you lodge you application make sure it is “Decision Ready” in every way ie. has ALL of the documents and forms required for a decision when you lodged your application. This includes medicals and Police clearances. Clearly explain the situation and urgency when you lodge and request that the application be given priority processing status.

**ragdoll annie** · 14-04-2010, 03:31 AM

Hi azure,
I'm English..my Hubby Australian..we lived in UK for 14yrs or so then came to OZ..I came on a tourist visa with no return ticket and stayed..had no problem getting my Spouse PR visa.
Annie x

**azure** · 07-06-2010, 11:43 AM

Hi all,

I just thought I'd update this to let you know we've got a happy ending to our visa worries, with only a month of separation.

We submitted my husband's visa on the 5th of May, just before I left the UK to care for Dad. When we submitted it we asked if there was any chance of quick processing under the circumstances, but they said it would take 3 months - my heart sank. We were hopeful though when the case officer got back to us just 2 days later.

We weren't able to 'front load' it, as we were waiting for his health check and a police report from overseas. He was able to give them those by the end of May, and they granted his visa just days later, on the 3rd of June!
Thank goodness there are humans in customs.

In other good news, my father has remained stable since I got back, which is wonderful.

And thank you all for your help and good wishes, especially SiamSuzie who responded so quickly and genuinely.