RockDr

I am afraid to ask them what our options will be if we are unsuccessful. Does this mean at the end of our 457 that we will have to leave? Sian x

You would always have the option of applying for another 457 if your employment is still going fine. You just wouldn't be able to get a PR visa unless they change the medical requirements (which could happen, never say never...). So this would probably mean eventually having to retire in the UK.

Hello ... I posted this 2 years ago and wanted to give an update.

 

We had our Migration Review Tribunal hearing in Sydney on June 7 (almost exactly 2 years after we lodged the application). It was all over in about 20 minutes and we found out a few days later that we were successful, thank goodness.

 

This has been a very long and expensive process (probably $10,000 all up, taking lawyer's fees and travel costs into account) and, even though we're happy that we had a successful appeal, I'm still pretty angry that we had to go through this rigmarole just because my husband is cursed with ulcerative colitis.

 

Anyway, if anyone has any questions about the MRT process, feel free to PM me. We still have a bit more of a wait ahead of us as this just got us past the health requirement and now the Australian Embassy in Washington D.C. has to complete the processing of the visa application - plus we have to redo the FBI and medical as they've now expired. So it will be > 3 years just to get a spouse visa - crazy!

So you've just been given a health waiver and yet you still have to redo a medical... sums it all up really.

Glad to hear you're finally well on the way to getting the visa and being able to go home :hug:

I declared sheepskin rug and a bunch of rocks, and my boxes didn't even get touched by customs/quarantine...

I'm deleting some of the posts in this thread. This is an english language forum, so please post in english. Feel free to use the PM system if you wish to communicate in other languages.

I legally cannot get married to her (having applied for a LRR). I can't see any option that would allow me to go back and get married. I have got all my immediate family members here. I have just started my career here. Had that not been the case, I wouldn't have cared a dime about the LRR and gone back to her. I can't ask her to put her life on hold for me any longer. We spoke over the phone today and decided that it was best for us to end things.

 

I still remember the day I applied for this LRR visa. I had a look at the website every day and it said that the waiting time for this visa was 6-9 months. Every lawyer that I talked to said the same thing. I felt happy. I started dreaming of a life here with her.

 

I probably misheard and misread everything. The way it's going, I'm not even confident of getting it in 69 months.

Can I ask what your career is? and where you're living?

Personally, a career isn't worth losing the love of your life. Go be with her, then figure out a skilled route to get into Australia (even if it involves retraining), rather than postponing the next ten years of your life waiting for a visa.

Even though they are not married? I was married and had to wait 2yrs...... also, the OP hasn't mentioned what her OH's status is? I think we are assuming he is Aussie, but I don't see anywhere that she has said this?

If you've been together (DeFacto or married) three years (or two years if there's kids involved) and can prove it, then you'll get PR straight off, otherwise you'll get put on the temp visa for two years.

I don't think it quite works like that? I do believe In that scenario she would still be on a temp spouse visa for 2yrs. If they split up she would have to inform Immigration who would giver her 3 scenarios to enable her to stay and continue for her permanent visa - (1) if the father is proven to be abusive (2) if the father has died (3) if she has a court order to say she is the main carer. And until her visa is permanent then she still can't claim any support from centerlink...... how do I know? It happened to me.

They've been together for 13yrs, so she would get PR straight away.

In all honesty, if your daughter is likely to go to uni, it would be possible to come back to the UK at 16, ready to slot into the two years of a-levels. Not having GCSEs in this circumstance would not jeopardise uni entrance, and once you're at uni, GCSEs are irrelevant.

Hehe, I'm sur eyou'd be able to work your way through the visa situation should it arise, just make sure you don't find yourself a nice temporary resident bloke...

Thanks for the update Daniel... This is very sad news

 

I am an on-shore applicant therefore am in a lucky position however I am wondering about the technicalities of being LRR in 10 years time.... it seems to be a long time!!! If I was to meet a nice Aussie bloke (I am holding out hope that there might be one out there somewhere...!!!) and settle down, am I still eligible for this visa?

 

Thanks

Cx

No you wouldn't be eligible for LRR, but you might be eligible for the Partner visa in that case...

Hi Readybrek

 

You refer to your OH as "partner", does this mean you are not married to him? If this is the case, I would guess, and it is a guess because I am certainly not a lawyer, that you have no claim over his two children under the Hague Convention and he has no claim over your one child either. So if it were to all go wrong, you would go home with your one child (if you had to leave the country) and he would do whatever with his two.

 

As for would you get deported, you should be okay to stay in this country for as long as your visa is valid. You say you are on his visa, but surely your passport has a visa stamped in it, so whilst you did come in off the back of your partners visa, you do now have your own.

 

So, are you married or are you partners?

My interpretation of Readybrek's post is that the three children are hers, and two of the three are also his. So while he doesn't have any claim over the child who isn't his, both parents have claim to the other two.

@Readybrek if this is more than just a hypothetical question, I strongly advise you to get in touch with an immigration lawyer.

Neither of us will be too proud to say "it isn't working let's go home" - the only difficulty will come if one wants to stay and the other wants to go.

 

In truth that is a bridge that hopefully we wont need to cross, but if we do then we'll have to make the decision based on information available at the time.

My take on this aspect of things. If one wants to stay and the other wants to go home, are you really willing to break up over this? At the end of the day, if one of you finds they really can't cope with the isolation (and it could be either of you, people never really know how they're going to react to a situation until they're in it), there's not much they can do to correct this over in australia, so you're probably better off both heading home. The one who prefers the lifestyle in australia will cope much better with making the effort to build a better lifestyle in the UK, than the one who's stuck in australia for the rest of their life without family and friends. Probably better to make a decision now along the lines of "give it two years and if one of you doesn't like it you all go home", that way it won't tear you apart in the event that it does happen.

Might also be worth agreeing now on how often you want to budget to fly home. For me, from experience I know that I need a trip home every 18months or so to keep that feeling of isolation and homesickness at bay, others don't have such close family ties and are happy to never go back.

I think you can actually get your GP to request a copy of the medical notes.

You should at least be able to get hold of the X-ray. In australia I went and got mine a month after I had the medical because I needed it for a scuba-diving medical. They just handed over the films and a copy of the report.

The doctor who did my medical showed me everything he was writing on the form, and all the test results before he put it in the sealed envelope. The envelope is sealed or the data sent electronically because they don't want you to be able to tamper with it, not because they don't want you to know your own test results...

No idea on the visas unless it is because she won't get to keep her spouse visa based on changed circumstances but would get right to abode under another family visa based on your daughter's permanent residency?

Whopperdaisy I think you've hit the nail on the head there. the daughter is entitled to a child visa, which would give her PR and eventually citizenship. As a parent, the mother would then be able to apply for a parent visa, which would give her PR, completely independently of the child's father.

The spouse visa will only become a PR visa if the couple are still together after two years. The issue here becomes that if they do break up after the mother and child have entered australia to live but before PR is granted, confusedd could stop the mother taking the child home (hague convention) and apply for the child's PR visa. In the meantime, the mother's visa would be cancelled and she might have to leave australia without the child, as she wouldn't be able to apply for a parent visa until the child's visa is granted.

Once she is out of the country, unless she has a skill to get herself an independent visa, she would either have to fork out for a contributory parent visa, or get the non-contributory visa, which has a waiting time of many years, during which time, she still has no right to live in australia.

The long and short of this is that both parents need to be very careful about how they tread here, as it would be very easy for the other parent to screw them over big time. I would highly recommend going to see an experienced migration agent, and making sure all parties are aware of their options.

Just read this thread, and my immediate reaction was that a copy of the information should probably be stickied in the migration issues forum. Many of the people who are just looking for help with visas don't necessarily read the other section of the phorum, and they are the people who really need to be made aware of the implications of the Hague Convention.