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Wiganer

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Posts posted by Wiganer

  1. 14 minutes ago, Nemesis said:

    At the very least they will be looking at a Natural Justice letter with a "Please explain", and quite probably a refusal.  Definitely get an agent involved if there is an appeal, and I'd be paving the way for that by talking to one now - they could probably advise how to approach things with Centrelink too,

    Well I hope Re2011 get sorted either way. 

  2. 14 minutes ago, snifter said:

    If they were declaring to be de facto on a visa application but had not declared it to other official organisations I can see why, if cross checking, immigration would consider it grounds for a refusal. Tbh immigration are not there to be nice guys and I would expect they apply their rules to all and can’t have one rule for one, one for someone else. The system can’t work like that. 

    People should ensure before they lodge they have ticked ALL the boxes, checked all the official bods and not left anything like this to come back and bite them and cost them $7,000 plus in fees. 

    Hopefully @Re2011 and their partner have notified Centrelink of the oversight and worked out a repayment plan of some kind and also been able to amend the de facto timeframe to when they became a de facto couple. They may also, once this is done, want to run their case past a reputable migration agent to ensure they are ok to proceed with the application. Best to do this before  lodging and spending $7k. 

     

    I totally agree. Better to make sure everything is good before paying $7k. If they've already lodged and it gets rejected they have a right of appeal and I'm assuming they could plead a case then? The best option is to contact Centrelink and rectify asap in my opinion, good luck

  3. 16 hours ago, Marisawright said:

     

    12 hours ago, Nemesis said:

    The partner wanting PR would be refused on the grounds that the ozzie partner has made a legally binding statement (to Centrelink) to say that he/she is single and has no partner. Therefore PR is refused because its grant is dependent on the two people being in a de facto relationship. 

    No relationship = no PR

    So they wouldn't have the chance to pay back monies owed to rectify that? Seems harsh if it's a genuine relationship. I hope everything goes ok for Re2011 and her partners visa. I think Re2011 should contact Centrelink and let them know at least then immigration can see they have tried to rectify their error?

  4. 20 hours ago, Beffers said:

    Be careful. I know someone who was refused PR visa for this reason, they failed the character check due to fraud, I.e. Claiming single parent payment with Centrelink whilst claiming to be a de facto to immigration. 

    Why would the pr be refused? I can understand having to pay back owed monies. Wouldn't they fail that character check if they had been criminally convicted of fraud?  Also how would the actions of the sponsoring single parent effect their partners application for pr????

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