lenhill666

This was written by my daughters mum, It’s so well written that I cant bare to edit it in anyway. I have exhausted all my legal routes and have NO money to go through the appeals process, I've reached out to news teams and current affairs. Does anyone have any other advice or avenues I can take? or know someone fighting the same battle? please any help would be great as I have to leave by 22/11. PLEASE READ BELOW

Thanks

Sean

Hello 

I have an interesting story that I feel needs to be heard because what my daughter is about to experience is something no child should have to go through. 

Back story; I am no longer with my daughters father (sean) we separated almost 2 years ago due to personal reasons it was the best decision we could have made. 

We are both from the UK he has been in the country for 6/7 years. He arrived on a 1 year working tourist visa extended for the second d year through farm work then went onto a student visa whilst he was working during that time his employer offered him a 457 business class visa which he stayed on for the duration of his stay until it came to applying for his PR which his employer Fit n Fast (gym chain) messed him around with his skill then got taken off the list and he was left in a predicament. 

$1000s of dollars spent on immigration lawyers he found a course that he wanted to study to aid him in securing a job with sponsorship. 

He was given 30 days to leave the country if he wasn't able to secure a visa. This was back in June he landed a student visa. No working rights and with shared care of or daughter that incredibly hard having no income. 

10 weeks later his visa has been cancelled and now he is leaving the country on the 20th of November and saying goodbye to his 3 year old daughter. 

The government is tearing a father away from his daughter with no sympathy emotion or care for the emotional well being of this little girl. She has an excellent relationship with her father and now this has somehow got to be maintained whilst he is half way across the world. What is happening is beyond unfair and completely disgusting. This isn't the first time that immigration has torn a family apart and I'm sure it won't be the last. This needs to be known and something has got to be done about it there has to be more options for a parent to stay in the country for their child an Australian citizen alas there is none and unless you have thousands of dollars in the bank to invest but a law abiding citizen who has contributed to the ATO for the last 7 years has no option/no say and no choice in their involvement of their child. 

I'm know left to explain to a 3 year old innocent little girl why daddy isn't here anymore. 

In the refusal letter it actually says 

"ties to Australia (daughter) are higher of those to the UK and we do not believe that you will lawfully remain in Australia after your student visa has been completed" 

If you would like to contact me to discuss this further please feel free to. 

Alisha Hill

20 minutes ago, snifter said:

Migration solicitor? Do you mean a migration agent? That is who you need to seek out. A reputable MARA agent. 

21 minutes ago, snifter said:

Contact an agent. They will know your best course of action at this point.

Also read this PDF carefully. Section 4 covers the waiver. It waives the 12 months, doesn't say about bringing it down to 6 that I can see.

 

https://www.border.gov.au/Forms/Documents/1127.pdf

Wow thanks so much for your help and taking the time I'll read this for sure ???

1 minute ago, Collie said:

Hey mate,

Sorry for your troubles, I'm afraid I don't have any definitive answers for you.

1st up, congrats on your daughter and having 50/50.  I have a 3 year old too and am fighting for 50/50.

I echo the comments above about going to a good migration agent and asking what options are available to you. 

Also have a look at the family court stuff, not sure if the court can assist but may be worth popping into one and having a chat with a duty solicitor.

I assume you have already done some googling.

Good luck mate

That's something I haven't looked into and I've emailed a good migration solicitor and I'll add this into the questions

thanks for your reply. My prays are with you in your situation. I hope you do get 50/50 it's only fair for the kids. I love having my little girl and although the split with my ex was messy we've kept everything amicable for our daughter, which I can only thank her for

good luck ?

7 minutes ago, snifter said:

Please run your case past a reputable migration agent asap. Any on here would be a good starting point. I'd do that before doing anything else. 

Fwiw if you live in a state where you can register your relationship this waives the 12 month rule for being de facto iirc. You would still have to prove your relationship being genuine in other ways though, so living together, sharing a life, bills, finances etc as a de facto couple. Not all states offer this option though. But it may be of use if you do live in a state that does and want to lodge a partner visa. 

I live in VIC I've heard the registration can bring the period down to 6months 

12 minutes ago, Cippalippa said:

 

If your daughter is an Australian citizen I guess you could apply for a parent visa subclass 103.


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Just now, lenhill666 said:

 

Thanks for your speedy replies

my daughters 3 years old so I don't think she can sponsor me, I think that's how the subclass 103 works? Unless anyone's heard different

 

 

 

Thanks for your speedy replies

my daughters 3 years old so I don't think she can sponsor me, I think that's how the subclass 103 works? Unless anyone's heard different

Need advice please 

Ok where do I start LOL

i was sponsored on a 457 as a gym manager in 2013. Met a girl had a baby girl, unfortunately the relationship ended as my daughters Mum fell in love with another man. The problem is that we were just about to launch my spouse visa. 

I have 50/50 custody of my daughter and pay child support. Now the problem I have is my 457 is being soon and until recently I was under the impression that my company would continue the visa for another 2 years but now have decided against it. I asked them a while back about sponsoring me PR but it turns out they couldn't because they'd not fulfilled the training requirements tied into the process.

I'm now in another relationship but it's only 3 months in and my partner is very supportive of my situation but I think we are way off spouse sponsorship. Does anyone know of anyone who might of been in a similar situation??

i can't leave my daughter she is my world and she needs her dad. Any help would be helpful or I pray that someone has experienced something similar and can shed some light or point me in a direction of assistance 

sean

Need some assistance guys.

I've been sponsored 2 years now on a 457 temp visa, before that I spent 2 years on a WHV and 6 months on a study visa. Me and my partner, who is permanent resident, have been together for over 2 years; we have everything in place to apply for spouse visa, we've live together for 2 years now and have a baby girl, ozzy born.

My predicament is that I am having difficulties with my current employer; i really want to leave but as I've heard if I leave my current employment and apply for the spouse visa does this mean I would have no working rights until my visa was accepted? which can take over a year I've read. My circumstances mean I can't not work, as I have a family to provide for, has anyone been in a similar situation as this or can offer any advice?

thanks in advance