Facing Deportation after 15 years in Australia

[Guest The Pom Queen]

A lot of this story does t make sense to me. I know I’m not up to date with visas but how did he manage to stay here for 15 years without the correct visa. Also why is it going to cost him $15,000 for a visa?

http://www.abc.net.au/news/2018-09-19/french-couple-gutted-to-be-deported-after-15-years-in-australia/10281010

A French couple who have lived in Australia for more than 15 years say they are "gutted" after being told they had two weeks to leave the country.

Key points:

• Mr Pigot and Ms Mendy say they are good citizens
• However, they claim to have exhausted all avenues to remain in Australia
• The couple have been told to leave the country by October 1

 

Chef Damien Pigot and his partner Sandrine Mendy have run a cafe at Tweed Heads for the past five years, and, according to their friends, have become part of the area's "culinary fabric".

Mr Pigot had hoped the business would bolster his application for permanent residency.

He sought advice from migration lawyer Kathy Bateman about three years ago, and she was initially optimistic.

"Where there is a legally, viably operating Australian business located in a regional area that has a genuine need for an occupation … essentially there is no reason why an application shouldn't be successful," she said.

"[But] there has to be a benefit to Australia, and that usually means employment for Australians.

"I know that Damien made several attempts to recruit locally within the Aboriginal community as well as local schools and children to do traineeships.

"But it just didn't work out, and anyone who is in small business knows that it's tough."

The couple have now been told to leave Australia by October 1.

'They are part of the community'

Mr Pigot said he made an appeal to the Department of Home Affairs requesting ministerial intervention, but it was rejected.

"The department didn't even refer my request to the Minister, so he didn't get to read it, because we don't meet the guidelines," he said.

A spokesperson from the Department of Home Affairs said it would not comment on individual cases for privacy reasons.

It said non-citizens who did not hold a valid visa and who had exhausted all avenues to remain in Australia were expected to depart.

Mr Pigot said he could not afford to spend up to $15,000 on a visa.

"We live like many people you know, we pay our bills, we go and enjoy our life and we work and that's it," he said.

"But they only give you two weeks to organise your travel after 15 years in a country and running a business for five years. We feel lost, we feel gutted.

"On the news they always talk about migration and what makes a good migrant — we speak English and we are part of the community, we know the history of Australia, we know the value of Australia and we accept it."

[AJ]

So what visa are they on now?

[Nemesis]

Possibly a temporary business visa, If the business failed then bye bye visa. To get PR on a business visa isn't easy, involves employing locals and making a certain amount of profit - I have some friends who managed it, they run a small shop and had to prove a lot of targets were met in order to get PR. 

If the business fails, and they can't get a visa on a skills basis, then they'd have to leave.

Of course, if they were au pairs it might be different.....!!!!

[unzippy]

On 19/09/2018 at 23:33, Nemesis said:

Of course, if they were au pairs it might be different.....!!!!

Beat me to it!

[Skani]

On 19/09/2018 at 23:33, Nemesis said:

Of course, if they were au pairs it might be different.....!!!!

Only if they were au pairs to a mate of Peter Dutton's.  

[Guest The Pom Queen]

On 19/09/2018 at 23:28, AJ said:

So what visa are they on now?

That was my thought.

[Guest The Pom Queen]

On 19/09/2018 at 23:33, Nemesis said:

Possibly a temporary business visa, If the business failed then bye bye visa. To get PR on a business visa isn't easy, involves employing locals and making a certain amount of profit - I have some friends who managed it, they run a small shop and had to prove a lot of targets were met in order to get PR. 

If the business fails, and they can't get a visa on a skills basis, then they'd have to leave.

Of course, if they were au pairs it might be different.....!!!!

Ahh that makes sense then. I did wonder how they had managed 15 years.

Do they monitor your business indefinitely? How long is it before they can usually apply for PR on a business visa?

[Nemesis]

13 hours ago, The Pom Queen said:

Ahh that makes sense then. I did wonder how they had managed 15 years.

Do they monitor your business indefinitely? How long is it before they can usually apply for PR on a business visa?

The one my friends wre on, I think they got PR after 4 years of running the business, but I don't remember the visa type.  Once you get PR you can do what you like with the business.

I would imagine it could be stretched out to 15 years by a whole combination of different visas And its not clear whether they have had the business 15 years or just been in oz that long - combination of WHVs and other temp visas could be part of their 15 years.