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I’m not sure where to start. 

Just over 4 years ago we moved to Queensland on a skilled visa (myself my wife and my youngest daughter). 

My eldest daughter remained in Scotland for a further year to complete her hair dressing apprenticeship. 

When she completed it we were advised that although hairdressers were on the skilled list she would be unlikely to earn enough to go for a skilled visa. We were advised to get her over initially on a working holiday visa then to apply for a last remaining relative visa (although we were aware of the 50+ year waiting list). This visa had work restrictions meaning she had to change employment every 6 months. 

Fast forward 3 years and she was living with an Australian citizen and were planning there life together so we’re advised to go for a defacto partner visa. 

We were advised she had to leave the country for a few days, return on a holiday visa and then apply for the partner visa. 

Once out of the country her visitor visa was rejected. At considerable cost we flew my wife to NZ to collect her and they moved back to Scotland for a few weeks until resolved. At this stage we took our issue to a federal state senator who we believe helped speed things up. (Although they did say we had been badly advised from our migration specialist- but did not expand on this)

She has now been back in Australia  2 weeks and we find her partner does not want her and we believe due to gambling issues wants her out the country so he can retain all their assets (car etc). 

He did not want to tell her whilst she was away as this would be wrong! Thought it would be better for her to land and pay over 10k for the new visa to then pull the plug. 

At this time he does not answer her texts or calls and she is currently back living with us. She loves him so much and as such this is affecting her immensely.

to make things worse whilst on her own out of the country she got so depressed and with this happening she is in a really dark place where she is currently seeing medical/mental health specialists to get her through as she does not want to go on.

I know we need to contact our specialist again as well as immigration and am worried what options may now be available to her.

she is not strong enough to leave the country on her own and we would need to take a further loan on the family home if we were to accompany her. All her family are here, other than my elderly parents in the Uk.

any thoughts or comments would be appreciated as we are desperate 

thanks

Rob

 

 

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I would contact on of the migration agents who regularly posts on here as this sounds quite a complex issue and they will be able to go through your visa options.

The problem with the initial tourist visa that got rejected was perhaps that having been on a WHV (not sure is she applied for the last remaining relative visa) was that she wouldn't be regarded as a genuine tourist.  I would get some advice (not from your original agent) as soon as possible.  This needs expert advice - and as knowledgeable as some of our members are you need some expertise in this situation.  @Raul Senise and @wrussell are registered agents who post regularly on the forum.


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Thanks Ali. 

We are looking for recommendations for a migration lawyer so we are aware of all the facts and options. 

Its hard to know who to trust as many apparently reputable experts may be able to manage the standard simple visa applications, however I believe this to be a bit more complex. 

I would be more than happy to take recommendations from legal teams that people have used and can be trusted. 

Thanks again

Rob

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34 minutes ago, spoony1970 said:

Thanks Ali. 

We are looking for recommendations for a migration lawyer so we are aware of all the facts and options. 

Its hard to know who to trust as many apparently reputable experts may be able to manage the standard simple visa applications, however I believe this to be a bit more complex. 

Don't get sucked in by thinking "legal experts" are the way to go. In a court of law, a smart lawyer can dazzle the jury with his rhetoric and win the case even if the facts are debatable.  With Immigration, the rules are the rules and no amount of fancy-schmanzy lawyering will get you over the line. 

You need a reputable migration AGENT, not a migration lawyer. A lawyer will just charge you double the hourly rate to do the same thing. @wrussell is very well regarded here.

It does sound as though you were badly advised originally, as your daughter should have been included on your own original application, but too late now.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Either of the migration agents mentioned above would be a very good resource for helping you and your daughter review her options and suggesting the best strategy moving forward.  So I would suggest you contact either of them immediately.

If she hasn't already, your daughter may want to speak with a family lawyer to ensure any shared assets with her partner are dealt with fairly.

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