Guest brendan1 Posted August 11, 2012 Share Posted August 11, 2012 Hi everyone. I am new to this forum. I really hope someone can point me in the right direction. I will start by telling my story. Apologies for the length but I appreciate your time. I am a permanent resident having being granted a defecto spouse visa in September 2009 with many ex. partner. I entered Australia in December 2009 and have built up a career and have an excellent quality of life here ever since. Unfortunately my relationship with my ex. came to an end last year. In November of last year I met a new girl from Germany here on a Working holiday visa and we started a relationship in January. We were madly in love and really wanted to give it a shot together. Our connection was and is so strong. We lived together briefly before she went off for a preplanned holiday at the end of march to Indonesia to meet her friend. Her plan was to come back a month later and continue her life with me in Australia. Unfortunately upon leaving Australia, the immigration officer informed her that she had overstayed a tourist visa by several months. It turns out that this information was indeed correct and she had inadvertently obtained the wrong visa through an agency in Europe. Obviously this was her own mistake for not checking but it has had an extremely negative impact on our lives ever since. We were both extremely upset by this news and instantly tried to fight the case with the Australian immigration. In order to do this we had to apply for another WHV and then lodge our appeal at the same time. Our appeal claimed the honest mistake that it was, and documented our relationship with photos, etc. We did this in early April but again unfortunately bad news. It was rejected. I flew over to Europe to meet her in April at which point we met eachothers families and friends and discuss options. We decided that maybe New Zealand was a possibility. My work very kindly said I could work from New Zealand if we could get in there. But again because of the Australian ban, they rejected her into New Zealand. And again we fought the case with New Zealand immigration but again we lost. The stress was really building.. In July we travelled to Thailand for 4 weeks to be together. It was bittersweet to say the least. Our love is extremely strong. We are in a horrible limbo now. I would love for someone to point me in the right direction in terms of options available. There must be some way to overcome the bureaucracy and get her back in. I could understand it if she was a criminal or a threat to the country but 3 years is heartbreaking. I am willing to go guarantor in any way for her. I can get her a job immediately based on her working background. I am willing to apply for a prospective marriage visa but think this is unlikely to succeed. Can anyone tell me what my options are? Is there any way that you can get a ban like this overturned? I am willing to do almost anything and look at any visa opportunities. Anyone's advice is very welcome but I am also willing to give a reward for anyone who helps me get this done by offering a higher level of assistance over the phone or skype, etc. You are almost certainly going to gain 2 friends for life also Thank you very much for reading. I look forward to hearing from you. Regards, Brendan Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 11, 2012 Share Posted August 11, 2012 Hi Brendan im sorry to hear of the problems you are having, I think your only way is to chat with an agent, but if you have already appealed and failed I'm not sure if there is anything else to be done Link to comment Share on other sites More sharing options...
Guest brendan1 Posted August 11, 2012 Share Posted August 11, 2012 Hi M2M, Thank you for your quick response. I hope what you are saying is not true. Is there any other angle you could see us approaching from? Cheers, Brendan Link to comment Share on other sites More sharing options...
lebourvellec Posted August 11, 2012 Share Posted August 11, 2012 You really need to speak to a Registered Migration Agent regarding her issues. As you will not be eligible to sponsor her on a PMV or Partner visa due to this condition "were sponsored as a fi ancé(e) or partner yourself within the last 5 years." http://www.immi.gov.au/allforms/booklets/1127.pdf If she is able to get an employer to sponsor her - she may be able to get the ban lifted, due to working for an AUstralian employer. But applying for PR by employer sponsored or GSM, the 3 year ban wont be an issue, as it only applies to the grant of TR visas. Link to comment Share on other sites More sharing options...
wrussell Posted August 11, 2012 Share Posted August 11, 2012 Hi everyone. I am new to this forum. I really hope someone can point me in the right direction. I will start by telling my story. Apologies for the length but I appreciate your time. I am a permanent resident having being granted a defecto spouse visa in September 2009 with many ex. partner. I entered Australia in December 2009 and have built up a career and have an excellent quality of life here ever since. Unfortunately my relationship with my ex. came to an end last year. In November of last year I met a new girl from Germany here on a Working holiday visa and we started a relationship in January. We were madly in love and really wanted to give it a shot together. Our connection was and is so strong. We lived together briefly before she went off for a preplanned holiday at the end of march to Indonesia to meet her friend. Her plan was to come back a month later and continue her life with me in Australia. Unfortunately upon leaving Australia, the immigration officer informed her that she had overstayed a tourist visa by several months. It turns out that this information was indeed correct and she had inadvertently obtained the wrong visa through an agency in Europe. Obviously this was her own mistake for not checking but it has had an extremely negative impact on our lives ever since. We were both extremely upset by this news and instantly tried to fight the case with the Australian immigration. In order to do this we had to apply for another WHV and then lodge our appeal at the same time. Our appeal claimed the honest mistake that it was, and documented our relationship with photos, etc. We did this in early April but again unfortunately bad news. It was rejected. I flew over to Europe to meet her in April at which point we met eachothers families and friends and discuss options. We decided that maybe New Zealand was a possibility. My work very kindly said I could work from New Zealand if we could get in there. But again because of the Australian ban, they rejected her into New Zealand. And again we fought the case with New Zealand immigration but again we lost. The stress was really building.. In July we travelled to Thailand for 4 weeks to be together. It was bittersweet to say the least. Our love is extremely strong. We are in a horrible limbo now. I would love for someone to point me in the right direction in terms of options available. There must be some way to overcome the bureaucracy and get her back in. I could understand it if she was a criminal or a threat to the country but 3 years is heartbreaking. I am willing to go guarantor in any way for her. I can get her a job immediately based on her working background. I am willing to apply for a prospective marriage visa but think this is unlikely to succeed. Can anyone tell me what my options are? Is there any way that you can get a ban like this overturned? I am willing to do almost anything and look at any visa opportunities. Anyone's advice is very welcome but I am also willing to give a reward for anyone who helps me get this done by offering a higher level of assistance over the phone or skype, etc. You are almost certainly going to gain 2 friends for life also Thank you very much for reading. I look forward to hearing from you. Regards, Brendan It looks as if you got into trouble arose from taking incorrect advice in the first place, presumably from an unregistered agent. May I suggest that you consult registered migration agent for an assessment of your case? From what you have posted it appears to me that you do not have a sponsorship issue or an exclusion period (non-return period) issue that cannot put right. If you want me to have a look at your case send an email to: visa@pinoyau.com Link to comment Share on other sites More sharing options...
Guest brendan1 Posted August 11, 2012 Share Posted August 11, 2012 You really need to speak to a Registered Migration Agent regarding her issues. As you will not be eligible to sponsor her on a PMV or Partner visa due to this condition "were sponsored as a fi ancé(e) or partner yourself within the last 5 years." http://www.immi.gov.au/allforms/booklets/1127.pdf If she is able to get an employer to sponsor her - she may be able to get the ban lifted, due to working for an AUstralian employer. But applying for PR by employer sponsored or GSM, the 3 year ban wont be an issue, as it only applies to the grant of TR visas. Thank you for your response. We have a definite possibility for work sponsorship but I thought this may be difficult with the 3 year ban in place? would you like to skype with me to chat about it? If so please send me a private message. Very much appreciated. Link to comment Share on other sites More sharing options...
BritChickx Posted August 11, 2012 Share Posted August 11, 2012 Hi, I can't offer any advice but I hope you and your girlfriend can find a way to be together soon. Good luck :hug: Link to comment Share on other sites More sharing options...
Guest brendan1 Posted August 11, 2012 Share Posted August 11, 2012 Hi, I can't offer any advice but I hope you and your girlfriend can find a way to be together soon. Good luck :hug: Thank you!! Link to comment Share on other sites More sharing options...
lebourvellec Posted August 11, 2012 Share Posted August 11, 2012 Thank you for your response. We have a definite possibility for work sponsorship but I thought this may be difficult with the 3 year ban in place? would you like to skype with me to chat about it? If so please send me a private message. Very much appreciated. See WRussells post - give him an email, with the details of your girlfriends situation and possibility of sponsorship - hopefully he will be able to sort your case out for you. Link to comment Share on other sites More sharing options...
jgt Posted August 11, 2012 Share Posted August 11, 2012 ohhhh love i remember that.........best o luck Link to comment Share on other sites More sharing options...
lhigman Posted August 11, 2012 Share Posted August 11, 2012 Without wishing to sound horrible and I realise I'm stating the obvious but why don't you move to Germany to be with her? Link to comment Share on other sites More sharing options...
Mizzmp Posted August 12, 2012 Share Posted August 12, 2012 I've seen it happen many times. Worst case you have to wait out the 3 years, shes not banned forever. In the cases that were overturned, they managed it by proving they were wrongly advised. Is there any way you can build up a case against the agent? This wont be easy if they were un-registered but if they were registered, you will have more luck. Also, did you check which visas she is banned from applying for? I know that in some cases people can apply for a tourist visa and stay upto 3 months but they cannot work or study. If you were on a good enough wage you may be able put her up for a month every 6 months, better than not seeing eachother at all. Don't give up. Link to comment Share on other sites More sharing options...
davey1985 Posted February 2, 2013 Share Posted February 2, 2013 Can't she use the 3 years as an opportunity Brendan? What I mean is she could for the next two or three years train in something that is on the skilled occupation list and then apply for skilled migration, she would have to have her skills assessed etc but its permanent migration (albeit expensive) and so you'd only have to do it once! In the meantime you could go over to Europe or even meet somewhere in between like Malaysia etc to spend time together... I'm in process of gettin out there and if I was in your position i'd be distraught! Link to comment Share on other sites More sharing options...
Rupert Posted February 2, 2013 Share Posted February 2, 2013 Can't she use the 3 years as an opportunity Brendan? What I mean is she could for the next two or three years train in something that is on the skilled occupation list and then apply for skilled migration, she would have to have her skills assessed etc but its permanent migration (albeit expensive) and so you'd only have to do it once! In the meantime you could go over to Europe or even meet somewhere in between like Malaysia etc to spend time together... I'm in process of gettin out there and if I was in your position i'd be distraught! This thread is six months old now Davey. Link to comment Share on other sites More sharing options...
davey1985 Posted February 2, 2013 Share Posted February 2, 2013 Does anyone know if it got sorted? Link to comment Share on other sites More sharing options...
Rupert Posted February 2, 2013 Share Posted February 2, 2013 Does anyone know if it got sorted? I expect not, OP has not posted on the forum since. Link to comment Share on other sites More sharing options...
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