starlight7 Posted July 8, 2014 Share Posted July 8, 2014 Anyone see the item about migration? They had a British woman who had overstayed her visa and was working at a deli supporting her child ( marriage had broken up). It occurred to me that now she has been on national tv thy will certainly deport her- how daft is she? They had a couple of crims on who had got PR- very unfair it seems to me. Link to comment Share on other sites More sharing options...
Sammy1 Posted July 8, 2014 Share Posted July 8, 2014 Possibly unfair, but no less unfair than the treatment handed out to asylum seekers.The story makes no mention of whether the child's father has given permission for the little girl to go back to England with her Mum (easy solution if permission is granted). Also no mention of the other child that she had with her previous partner when they moved to Australia. Are they even still here? Perhaps she and her daughter will be sent to a detention centre to be processed? I can only imagine the outcry.Yet, it is considered fine for other non European women and children to be held there. Personally, I believe she should be able to stay. Her daughter was born here and they have made a life here, but then I also personally believe that asylum seekers have the right to be 'processed' fairly. Link to comment Share on other sites More sharing options...
Guest littlesarah Posted July 9, 2014 Share Posted July 9, 2014 To me, it just highlights the need to seek advice from a registered migration agent before you let your visa expire. I'm not sure why/how a person wouldn't want to see some documentary evidence of a PR visa grant, especially in the event of a relationship breakdown. I suspect that there is more to the story than was presented on ACA (as usual). I note the lack of outrage that victims of rape & torture are not being granted permanent visas in a timely fashion, but I guess that wouldn't appeal to their target audience... Link to comment Share on other sites More sharing options...
CollegeGirl Posted July 9, 2014 Share Posted July 9, 2014 I tried to catch it but remembered 15 minutes too late that the show had started. Did this woman have a child with her now ex-partner who sponsored her for the visa? If so, she's likely eligible for PR! No need for her to be here illegally. Link to comment Share on other sites More sharing options...
Guest littlesarah Posted July 9, 2014 Share Posted July 9, 2014 I tried to catch it but remembered 15 minutes too late that the show had started. Did this woman have a child with her now ex-partner who sponsored her for the visa? If so, she's likely eligible for PR! No need for her to be here illegally. Yes, she has two kids, one with the man she came here with, & one by her subsequent Aussie boyfriend (now ex), she was on a bridging visa, so my guess is that he was her sponsor but they split before she was granted PR. As I said, better to deal with these matters sooner rather than later, I would have thought... The video is on the ACA website (didn't watch it last night). Link to comment Share on other sites More sharing options...
flag of convenience Posted July 9, 2014 Share Posted July 9, 2014 As mentioned I suspect more to the story than a commercial TV expose revealed. Didn't see it but the fact that a child was born in Australia is not grounds for leave of stay. Other circumstances may of course provide evidence otherwise. Link to comment Share on other sites More sharing options...
starlight7 Posted July 9, 2014 Author Share Posted July 9, 2014 Either way she is a bit of a dill- who would go on ACA anyway? Link to comment Share on other sites More sharing options...
Guest Posted July 9, 2014 Share Posted July 9, 2014 Anyone see the item about migration? They had a British woman who had overstayed her visa and was working at a deli supporting her child ( marriage had broken up). It occurred to me that now she has been on national tv thy will certainly deport her- how daft is she? They had a couple of crims on who had got PR- very unfair it seems to me. I thought that that you were advocating for visa over-stayers to be sent to Manus the other day? Link to comment Share on other sites More sharing options...
Parley Posted July 9, 2014 Share Posted July 9, 2014 I think that was Harpo's idea. Link to comment Share on other sites More sharing options...
Tina2 Posted July 9, 2014 Share Posted July 9, 2014 As mentioned I suspect more to the story than a commercial TV expose revealed. Didn't see it but the fact that a child was born in Australia is not grounds for leave of stay. Other circumstances may of course provide evidence otherwise. My concern is the child of the Australian Father. If she is deported and the father of the child wants the child to stay in Australia then the law is on his side, and the child will be made to remain in Australia. There is another thread of what happens when relationships break down and one wants partner wants to return to the UK. Different situation sure but the outcome and the how the Family Courts see it are the same. Link to comment Share on other sites More sharing options...
CollegeGirl Posted July 9, 2014 Share Posted July 9, 2014 As mentioned I suspect more to the story than a commercial TV expose revealed. Didn't see it but the fact that a child was born in Australia is not grounds for leave of stay. Other circumstances may of course provide evidence otherwise. A child born to an Australian Citizen/Permanent Resident and a Temporary Resident on an 820 or 309 Partner Visa is absolutely considered a reason to grant permanent residency even in cases where the relationship breaks down before the two years has passed. See the Partner Migration Booklet (page 50): http://www.immi.gov.au/allforms/pdf/1127.pdf or http://www.immi.gov.au/Visas/Pages/801-820.aspx (click "Visa Holders," then "Your Permanent Partner Visa.") Here's what that second link I provided says: A permanent visa can be granted earlier if either: when you apply, you have been in a relationship with your partner for not less than three years, or not less than two years if there is a dependent child of your relationship your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia the relationship breaks down and there is a child of the relationship the relationship breaks down due to family violence. (Emphasis above is mine) Of course, this is assuming she was originally here on a partner visa, which I think is a reasonable assumption. However, DIBP are NOT in the habit of forcing an Australian minor child to live in a different country from his/her parent, so even if she was originally on a different visa I bet there is recourse for her. Link to comment Share on other sites More sharing options...
CollegeGirl Posted July 9, 2014 Share Posted July 9, 2014 Anybody have a link to the story, by the way? Don't see it on the ACA website. Link to comment Share on other sites More sharing options...
starlight7 Posted July 10, 2014 Author Share Posted July 10, 2014 I thought that that you were advocating for visa over-stayers to be sent to Manus the other day? Irony darling, irony... Link to comment Share on other sites More sharing options...
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