Born in Aus but left at 6 months - now returning 43 yrs later as British national

[Nemesis]

Could it mean that your wifes partner visa could be withdrawn if you were found to have made false declarations?

I'm guessing, but as he applied for a 186 he presumably stated he was British and not Australian, as Australians cannot be issued with a visa, so as wrussell has hinted, he has made an application knowing that he shouldn't be making it. IDes that come under the heading of misrepresentation and visa fraud......? If so, the application could be declared null and void - for all persons on it.

 

I'm aat a loss as to why he spent s much time effort and cash on 457s and then PR when all they needed to get was a spouse visa for the wife.

[wrussell]

Could it mean that your wifes partner visa could be withdrawn if you were found to have made false declarations?

 

 

From a leading RMA, an extract:

******************************************************************************

The girl had been issued with a birth certificate in her home country that did not correctly identify her parents. The certificate had been supplied with the visa application together with an explanation as to how the incorrect birth certificate came to be issued.

The Department refused the application on the grounds that a bogus document had been supplied and the AAT agreed with the Department.

This was despite the fact there was no intention to deceive in providing the document -it was clearly described as not being correct.

However the AAT accepted the writer’s submissions that the application should not be refused on Schedule 4020 grounds as there were compassionate or compelling circumstances that affected the interests of an Australian citizen.

The AAT therefore set aside set aside the Department’s decision.

In view of this no incorrect document should be supplied to the Department even if it is clearly identified as such and is only supplied as “background material.”

*********************************************************************************

 

Similarly for false or misleading information.

[Gbye grey sky]

I'm guessing, but as he applied for a 186 he presumably stated he was British and not Australian, as Australians cannot be issued with a visa, so as wrussell has hinted, he has made an application knowing that he shouldn't be making it. IDes that come under the heading of misrepresentation and visa fraud......? If so, the application could be declared null and void - for all persons on it.

 

I'm aat a loss as to why he spent s much time effort and cash on 457s and then PR when all they needed to get was a spouse visa for the wife.

 

The forum is full of people with partners on the other side of the world waiting a year or more for their partner visa to be granted so they can join them. Others travel on tourist visas and look to apply onshore and gain bridging visas. The OP has to some extent circumvented the process enabling his family to join him immediately.

 

His defence will be that he did not understand at the time of applying that he was a citizen. A risky strategy probably but how likely would it be that his partner would be deported because he, not her, made a false declaration. She could easily claim that she had been unaware that her husband was technically an Australian citizen when she joined him on the 457. Deportation would be harsh but there is always the chance that Immi would consider this as a deliberate attempt at circumventing the normal partner visa process.

[Nemesis]

The forum is full of people with partners on the other side of the world waiting a year or more for their partner visa to be granted so they can join them. Others travel on tourist visas and look to apply onshore and gain bridging visas. The OP has to some extent circumvented the process enabling his family to join him immediately.

 

His defence will be that he did not understand at the time of applying that he was a citizen. A risky strategy probably but how likely would it be that his partner would be deported because he, not her, made a false declaration. She could easily claim that she had been unaware that her husband was technically an Australian citizen when she joined him on the 457. Deportation would be harsh but there is always the chance that Immi would consider this as a deliberate attempt at circumventing the normal partner visa process.

He didn't know at the time of applying for the 457 maybe, but he knew when he went for the PR.

And I understand the issue of waiting for partner visas - we are waiting for my husband's PR right now - but the cost of the PR for them all, medicals etc - and then the Spouse visa on top? Each to their own, and maybe they have more cash than my husband and I, we woulkd've been looking for the cheapest route.

[Waz]

Oops. Didn't notice the OP had lost his Australian citizenship as he was not born British as well. As you were... :wacko: