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Nikmoy

Partner visa - is any compassionate priority considered?

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Hello, I’ve only just come across this forum today. I’ve spent the best part of the day browsing and reading information to get some advice on our situation. 

My boyfriend and I have been together just over 3 years, and lived together over a year. I am Australian, and he is Canadian. We live in the UK where (I have lived there approx 16 years now). 

Around January of this year, we had made the decision we want to move to Australia. We want a family, a house, sunshine. A good quality of life and to be near my family. We had not yet submitted our application, but had started gathering the paperwork and filling in the forms.

In early May, I go a call from my mother to tell me she has MDS. It’s a blood cancer that can develop into leukaemia. There is no cure. There is possible treatment but it will likely make her very sick. Both my parents are elderly, my father is disabled and in a wheelchair. My mother is his primary carer. She has been given a prognosis of 12-18 months. 

I am currently in Australia helping her come to terms with it and trying to get as much information from her doctor  (fortnightly) appointments as we can. My return flight to London is booked this friday and I am terrified of leaving. 

I am needed here now. There is so much going on with both my parents and their conditions, I really want to be home to support them emotionally and help where I can. 

We have gathered most of the information we need to submit the visa, but I am now torn. I recently learned about a bridging visa which would allow my partner to come immediately and stay until our application is (fingers crossed) granted. If there’s one person I need close to me right now with all that is going on it is him. 

 

So my questions: 

Has anyone had any success with compassionate reasons on prioritising the application? I have read I can submit a letter, which I will do. 

Is a on-shore application / bridging visa a good option for us? I see the wait times can be longer, but if it means he can come and be here with me at this time, we would consider this. 

We were applying for the off-shore partner visa. Does applying on-shore complicate anything? Does it change the application we have already started. 

 

I would really appreciate any advice. 

 

Thank you so much! 

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Guest

Firstly, am very sorry to hear of your situation and your parents illnesses. 

To cover the points that I can

Applying on shore should not complicate things, so long as you are still a couple, living together and sharing a life. And can prove this. And explain your time apart obviously. I don't know they would speed up a visa grant on shore as you are already in Aus and your partner would be with you. You could perhaps consult a reputable migration agent about this to see what your chances are. If may well be you would simply be in the queue and processed in the normal fashion if onshore and both of you are i good health. 

Your partner would need to enter Aus on a tourist visa and then apply for a partner visa on shore and would then go on to a bridging visa once that expires. He cannot get a bridging visa prior to arriving in Aus, it does not work like that. 

Hopefully you have all the supporting evidence you need to go with your application. If you will be living in a state where you can register your relationship this could also be useful. 

 

 

 

Edited by Guest
Removed a paragraph

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TBH (and I don't mean to sound harsh, just objective) I can't see any reason for a compassionate grant.You are the one with the sick parent, and you are Australian, therefore there is nothing stopping you being with them.

I've never heard of a compassionate grant on a partner visa in any case, he will just be in the queue with everyone else. 

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He should get his visa application under way, then go on a visitor visa for a while and leave before it is issued. No reason why the government should extend any particular compassion really, he can be with you as a tourist

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Thank you for your replies. And thanks for your kind words @snifter

Sorry, I have compliled a few questions without clearly separating... I wasn't thinking we would apply for compassionate reasons if we were to take the bridging visa route. Only for the off-shore. I've only recently found out about bridging visas, so still researching it as an option.

@Quoll @Nemesis I think you are both right. They probably wouldn't extend any special circumstances to the situation. I can be here regardless.  

We are just trying to minimise time apart in difficult circumstances. Had this situation at home not occured, there wouldn't be any particular urgency for the move, but it adds a lot of pressure and we are eager to get things moving. We need to decide on on/off-shore now before moving forward. 

I'm currently based in Brisbane. If anyone knows of a good immigration lawyer we can find out more on the bridging visa information, please advise.

 

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Guest

The bridging visa aspect is pretty simple. If you lodge on shore while on a tourist visa for example. Once the application is lodged and your tourist visa expires, the bridging visa would kick in and you would remain in Aus while awaiting a decision for the partner visa.

https://www.border.gov.au/Trav/Visa-1/801-

If your current visa is about to end

You can stay in Australia on a Bridging visa if you have already lodged your application.

Bridging visa

If you lodge your Partner application and your current visa ends before you are granted a temporary Partner visa (subclass 820), you can stay in Australia on a Bridging visa A (BVA) while the temporary visa is being processed. You do not have to apply for a BVA - it is automatically granted when you apply for your partner visa. The BVA starts when your temporary visa ends.

A BVA does not let you travel out of Australia and return. If you want to travel out of Australia and return, apply for a Bridging visa B (BVB).

  • BVAs and BVBs that are granted to applicants for this visa allow you to:
  • work in Australia
  • study in Australia (no government support)
  • enrol in Medicare, Australia’s health care scheme.

More information is available about bridging visas.

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1 hour ago, Nikmoy said:

Thank you for your replies. And thanks for your kind words @snifter

Sorry, I have compliled a few questions without clearly separating... I wasn't thinking we would apply for compassionate reasons if we were to take the bridging visa route. Only for the off-shore. I've only recently found out about bridging visas, so still researching it as an option.

@Quoll @Nemesis I think you are both right. They probably wouldn't extend any special circumstances to the situation. I can be here regardless.  

We are just trying to minimise time apart in difficult circumstances. Had this situation at home not occured, there wouldn't be any particular urgency for the move, but it adds a lot of pressure and we are eager to get things moving. We need to decide on on/off-shore now before moving forward. 

I'm currently based in Brisbane. If anyone knows of a good immigration lawyer we can find out more on the bridging visa information, please advise.

 

Very sorry to read your circumstances, must be difficult.

Rather than a lawyer you need to speak to a MARA agent, a number of whom post here.  There is an ask an agent section that might help.

Good luck!

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