king of duck Posted October 9, 2013 Share Posted October 9, 2013 I wish someone here can verify my understanding about the death of sponsor implication. I really wish I am wrong. My friend has just passed away from a shocking accident. He had applied 804 application for his 75ish mum and the application has been on the queue for more than 7 years now. His mum has been living with him here since and have never returned back to Thailand. Her only living son is also here, unfortunately, as a long term oversea student (he'll have to stay here for at least two more years to have a chance to get PR) and isn't really financially viable. My friend's widow wife has two toddlers. Even without financial retrain, I understand that neither of them can become her sponsor. I have had enough background knowledge about parenting sponsorship and been doing some research. With all this, it only leads to the conclusion that she has to go back to Thailand where she has no longer has home nor any connection left. Could someone please suggested me any alternative option? I'm not sure how urgent we have to inform DIAC but we haven't tell her about this yet. She has just lost her 4th son last week after all. Link to comment Share on other sites More sharing options...
Tickled Pink Posted October 9, 2013 Share Posted October 9, 2013 That sounds like a very difficult and emotional situation.... it may be worth talking to a migration agent. On occasions I have heard people being granted visas through compassionate and compelling reasons. Obviously, it is impossible for anyone to provide a clear opinion on a forum, but a migration agent who is qualified to talk through all the information might be able to help. Link to comment Share on other sites More sharing options...
calNgary Posted October 9, 2013 Share Posted October 9, 2013 Sorry to hear about your friend i would do as the above post says and contact a migration agent to get some advice. Lots of luck with it and i hope a solution can be found for his mum. Cal x Link to comment Share on other sites More sharing options...
blossom Posted October 9, 2013 Share Posted October 9, 2013 Ohhhh dear. What a terrible situation. I would also contact an agent, but as the other son is only on a student visa I can't see it ending well. It 'might' be possible to add her as a dependent on his student visas (depending on her financial situation) and then when he applies for pr including her, but you really need a good agent to go over all the details with as it isn't a simple case. I would recommend George Lombard. Link to comment Share on other sites More sharing options...
Rupert Posted October 9, 2013 Share Posted October 9, 2013 Fourth vote for going to see a migration agent. Can you also please implore your friend to see an agent and not go anywhere near an actual immigration office until she has done that. I would be a little worried the immigration office might just pack her off on the next flight without even thinking of other options like compassionate circumstances or anything else like Blossom has suggested. That btw is not a bad idea, do you know if the mother has money or income? Link to comment Share on other sites More sharing options...
wrussell Posted October 9, 2013 Share Posted October 9, 2013 I suggest you put the full facts of the case to a registered migration agent for an opinion about possible strategies. Link to comment Share on other sites More sharing options...
king of duck Posted October 10, 2013 Author Share Posted October 10, 2013 Thanks guys. Yes I will contact George Lombard. I acted too slow, my friend's wife contacted DIAC yesterday and was about to have an interview with them in half an hour. Hopefully it won't add much complication to the case. Link to comment Share on other sites More sharing options...
Tickled Pink Posted October 10, 2013 Share Posted October 10, 2013 Good luck, let us know how things go... Link to comment Share on other sites More sharing options...
Rupert Posted October 10, 2013 Share Posted October 10, 2013 Thanks guys. Yes I will contact George Lombard. I acted too slow, my friend's wife contacted DIAC yesterday and was about to have an interview with them in half an hour. Hopefully it won't add much complication to the case. Darn. If there were still time I would stop her going! Link to comment Share on other sites More sharing options...
blossom Posted October 10, 2013 Share Posted October 10, 2013 Agreed, or at least tell them she is engaging an agent! Link to comment Share on other sites More sharing options...
king of duck Posted October 10, 2013 Author Share Posted October 10, 2013 It's an appointment interview on the phone via a translator (I was very tempted to stop her from calling them). Since she hasn't had any case officer yet, the conversation sounds like more of general inquiry and instruction. Yeah, but the worst thing is that now DIAC has known and recorded this. Like they instructed her to fill in a form and send it back with the death certificate. The form will be posted by mail. Thanks for all supports. I will keep update to this forum. Link to comment Share on other sites More sharing options...
Rupert Posted October 10, 2013 Share Posted October 10, 2013 It's an appointment interview on the phone via a translator (I was very tempted to stop her from calling them). Since she hasn't had any case officer yet, the conversation sounds like more of general inquiry and instruction. Yeah, but the worst thing is that now DIAC has known and recorded this. Like they instructed her to fill in a form and send it back with the death certificate. The form will be posted by mail. Thanks for all supports. I will keep update to this forum. Really, you need to stop this. Immigration won't help her, they won't think outside the box, they will look to process and probably remover her. She needs to stop talking to immigration and start talking to a migration agent. Link to comment Share on other sites More sharing options...
king of duck Posted October 10, 2013 Author Share Posted October 10, 2013 Really, you need to stop this. Immigration won't help her, they won't think outside the box, they will look to process and probably remover her. She needs to stop talking to immigration and start talking to a migration agent. Agree, no more contact to the immigration! If my friend's wife didn't do that, perhaps we could have just let aunty stays low profile in Australia for two more years until his another son get PR and therefore become a new eligible sponsor. George referred me to another migration lawyer. I will have the first meeting with him next Tuesday. Link to comment Share on other sites More sharing options...
king of duck Posted October 10, 2013 Author Share Posted October 10, 2013 do you know if the mother has money or income? Forgot to reply this. No she doesn't work and has no money. //sigh// Link to comment Share on other sites More sharing options...
blossom Posted October 11, 2013 Share Posted October 11, 2013 Agree, no more contact to the immigration! If my friend's wife didn't do that, perhaps we could have just let aunty stays low profile in Australia for two more years until his another son get PR and therefore become a new eligible sponsor. George referred me to another migration lawyer. I will have the first meeting with him next Tuesday. If she had done that she would have broken her visa conditions to inform immigration of any changes of circumstances. Most likely a three year ban. If she doesn't have any money coming in she may be able to do as I said on the last page and be added as a dependent to her other sons student visa. Link to comment Share on other sites More sharing options...
Rupert Posted October 11, 2013 Share Posted October 11, 2013 Agree, no more contact to the immigration! If my friend's wife didn't do that, perhaps we could have just let aunty stays low profile in Australia for two more years until his another son get PR and therefore become a new eligible sponsor. George referred me to another migration lawyer. I will have the first meeting with him next Tuesday. I most definitely was not recommending that! I was recommending that she explore her options, find out how the land lies and perhaps have a strategy to present to immigration when she did approach them, which she certainly needed to do fairly quickly. Flying below the radar for two years would probably make her an illegal, which is never helpful. Link to comment Share on other sites More sharing options...
king of duck Posted November 8, 2013 Author Share Posted November 8, 2013 Hi guys, Sorry for the late update. I have been referred to a different lawyer or agent for a few times since. Seem like there's not much luck or easy route. So here's what a lawyer suggested: " There is actually no need to come in and pay $200.00 for a consultation and I have therefore cancelled the appointment. The only realistic options are for her to either return to Thailand or to seek Ministerial intervention after the application is refused and the Migration Review Tribunal finds against her on an appeal. Unfortunately she must go through this process before seeking Ministerial intervention." That's the way it is so be it. We haven't got a chance to discuss the process of Ministerial Intervention with (another referred) agent yet. //whisper// we haven't send back the form to DIAC but probably we will have to do it soon. Link to comment Share on other sites More sharing options...
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