lenhill666 Posted November 6, 2017 Share Posted November 6, 2017 This was written by my daughters mum, It’s so well written that I cant bare to edit it in anyway. I have exhausted all my legal routes and have NO money to go through the appeals process, I've reached out to news teams and current affairs. Does anyone have any other advice or avenues I can take? or know someone fighting the same battle? please any help would be great as I have to leave by 22/11. PLEASE READ BELOW Thanks Sean Hello I have an interesting story that I feel needs to be heard because what my daughter is about to experience is something no child should have to go through. Back story; I am no longer with my daughters father (sean) we separated almost 2 years ago due to personal reasons it was the best decision we could have made. We are both from the UK he has been in the country for 6/7 years. He arrived on a 1 year working tourist visa extended for the second d year through farm work then went onto a student visa whilst he was working during that time his employer offered him a 457 business class visa which he stayed on for the duration of his stay until it came to applying for his PR which his employer Fit n Fast (gym chain) messed him around with his skill then got taken off the list and he was left in a predicament. $1000s of dollars spent on immigration lawyers he found a course that he wanted to study to aid him in securing a job with sponsorship. He was given 30 days to leave the country if he wasn't able to secure a visa. This was back in June he landed a student visa. No working rights and with shared care of or daughter that incredibly hard having no income. 10 weeks later his visa has been cancelled and now he is leaving the country on the 20th of November and saying goodbye to his 3 year old daughter. The government is tearing a father away from his daughter with no sympathy emotion or care for the emotional well being of this little girl. She has an excellent relationship with her father and now this has somehow got to be maintained whilst he is half way across the world. What is happening is beyond unfair and completely disgusting. This isn't the first time that immigration has torn a family apart and I'm sure it won't be the last. This needs to be known and something has got to be done about it there has to be more options for a parent to stay in the country for their child an Australian citizen alas there is none and unless you have thousands of dollars in the bank to invest but a law abiding citizen who has contributed to the ATO for the last 7 years has no option/no say and no choice in their involvement of their child. I'm know left to explain to a 3 year old innocent little girl why daddy isn't here anymore. In the refusal letter it actually says "ties to Australia (daughter) are higher of those to the UK and we do not believe that you will lawfully remain in Australia after your student visa has been completed" If you would like to contact me to discuss this further please feel free to. Alisha Hill 1 Quote Link to comment Share on other sites More sharing options...
starlight7 Posted November 8, 2017 Share Posted November 8, 2017 I was wondering why you don't return to the UK with him? Is that out of the question or is there a problem with British citizenship for you? 3 Quote Link to comment Share on other sites More sharing options...
ali Posted November 8, 2017 Share Posted November 8, 2017 I really feel for your circumstances. Sadly, you are finding out that the temporary WHV, student and 457 visa's do not necessarily lead to PR. It's terribly sad for you all. 1 Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted November 8, 2017 Share Posted November 8, 2017 (edited) The author is also from the UK, there is nothing to stop the Mother and Father returning to the UK, they both have right of residence there - as would the daughter. Yes, it is a sad story, but hardly the fault of the Australian government that temporary visas did not work out. Edited November 8, 2017 by Sammy1 2 Quote Link to comment Share on other sites More sharing options...
Parley Posted November 8, 2017 Share Posted November 8, 2017 Is it very different to courts allowing mothers to move to Australia and away from the child's father ? It happens all the time sadly to separated parents, Quote Link to comment Share on other sites More sharing options...
ScottieGirl Posted November 8, 2017 Share Posted November 8, 2017 (edited) "This isn't the first time immigration has torn a family apart and I'm sure it won't be the last" No it won't for people on temporary visas, people need to understand that temporary visas are exactly what they say they are and make life choices on that basis. If this case helps reinforce that point to someone else then it could save others from making a similar mistake Edited November 8, 2017 by ScottieGirl 4 Quote Link to comment Share on other sites More sharing options...
Melb2016 Posted November 8, 2017 Share Posted November 8, 2017 Very sorry to hear about your situation. Good luck for the future and I hope you find a way forward. Quote Link to comment Share on other sites More sharing options...
benj1980 Posted November 8, 2017 Share Posted November 8, 2017 Personally I feel for the little girl temporary visa or not. It's such a shame that it is coming to this. The parents obviously still have an amicable relationship (which is quite refeshing) and that is what makes this an even more difficult a predicament. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted November 8, 2017 Share Posted November 8, 2017 Your daughter can still have the relationship with her father by you moving back to the UK. Yes it's a great shame he cannot stay but as has been said on here, that was always potentially going to be the case. He has been there years, all on temporary visas, he would have always known he may not get a permanent one. If it was that easy he would have secured one years ago. 3 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted November 8, 2017 Share Posted November 8, 2017 (edited) 3 hours ago, Parley said: Is it very different to courts allowing mothers to move to Australia and away from the child's father ? It happens all the time sadly to separated parents, Agree but in that situation the poor father has no choice but to be apart from the child which is terrible. There is a choice here, she move back to the U.K. Edited November 8, 2017 by Tulip1 Quote Link to comment Share on other sites More sharing options...
ABG Posted November 8, 2017 Share Posted November 8, 2017 Can the course not be studied in/from the UK and then once complete the same job opportunity that would lead to a visa be followed? The letter mentioned that as a student there would be limited ability that earn an income, and with a daughter to support, the temptation to break conditions of the student visa may be too great, creating a situation where you’re disqualified from further visa applications. Better to play by the rules and, although it’ll be incredibly tough, be apart from your daughter for a short while, but build for the long term where you can be in the same country. My family is spread all over the world but in this technology ages, the distances are much smaller making it all manageable. Quote Link to comment Share on other sites More sharing options...
RHW99 Posted November 9, 2017 Share Posted November 9, 2017 An appeal to the AAT need not be expensive. You can ask the Tribunal to waive half the review application fee. Are you still in time to ask for a review of the Departent's decision? Quote Link to comment Share on other sites More sharing options...
starlight7 Posted November 11, 2017 Share Posted November 11, 2017 No replies from the OP- have to wonder why he posted or perhaps they resolved their issues? Quote Link to comment Share on other sites More sharing options...
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