Jbelda Posted February 15, 2019 Share Posted February 15, 2019 My daughter married an Australian in Septemberin the US. She then went to Australia on a tourist visa as they couldn't afford the fee for the marriage visa yet. A couple of weeks after arriving in Australia, she developed 2 pulmonary embolisms in both lungs. She was hospitalized there. The doctors said she could not fly per the requirementsof her visa. It would put her life in jeopardy. She contacted immigration to inquire about an extension and was told there was nothing they could do. There were no other visas that fit her situation. When she was able to fly, she booked her ticket to Indonesia and at the airport was told she could not come back to Australia for 3 years. She is in Indonesia now . They don't have the money for a marriage visa or a migration attorney. This is a legitimate marriage and they don't want to be separated. She is American. She has the documentation from the doctors saying she couldn't fly. Any advise? Quote Link to comment Share on other sites More sharing options...
NickyNook Posted February 15, 2019 Share Posted February 15, 2019 There is a Medical Treatment visa which is for the exact situation your daughter was in and it only costs $290. What a pity your daughter didn't find out about it before she overstayed her tourist visa. Having the three year ban doesn't stop anyone from applying for a permanent visa. She can still apply for a partner visa but she'll have to wait offshore while it's being processed. Maybe her Australia partner will have to join her in the US if they don't want to be apart? 2 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 16, 2019 Share Posted February 16, 2019 6 hours ago, NickyNook said: There is a Medical Treatment visa which is for the exact situation your daughter was in and it only costs $290. What a pity your daughter didn't find out about it before she overstayed her tourist visa. Having the three year ban doesn't stop anyone from applying for a permanent visa. She can still apply for a partner visa but she'll have to wait offshore while it's being processed. Maybe her Australia partner will have to join her in the US if they don't want to be apart? A good example of why advice should come from an agent, and not from the Immi helpline. 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted February 17, 2019 Share Posted February 17, 2019 On 16/02/2019 at 05:47, Jbelda said: My daughter married an Australian in Septemberin the US. She then went to Australia on a tourist visa as they couldn't afford the fee for the marriage visa yet. A couple of weeks after arriving in Australia, she developed 2 pulmonary embolisms in both lungs. She was hospitalized there. The doctors said she could not fly per the requirementsof her visa. It would put her life in jeopardy. She contacted immigration to inquire about an extension and was told there was nothing they could do. There were no other visas that fit her situation. On the face of it, this sounds like very bad advice as a Medical Treatment visa would likely have been appropriate. On 16/02/2019 at 05:47, Jbelda said: When she was able to fly, she booked her ticket to Indonesia and at the airport was told she could not come back to Australia for 3 years. I would assume that she overstayed her visitor visa by more than 28 days? On 16/02/2019 at 05:47, Jbelda said: They don't have the money for a marriage visa or a migration attorney. This is a legitimate marriage and they don't want to be separated. She is American. She has the documentation from the doctors saying she couldn't fly. Any advise? A partner visa (marriage) will cost over $7,000 in lodgement fees alone. If they cannot afford the lodgement fee, then they cant apply for the visa Depending on the specific details, there may be other visa options to allow her to stay for a temporary stay. The ban will only apply to some visas and can also be waived in some circumstances. They should really be paying for professional advice, as the free advice from the Immigration call centre is not always ideal or correct. Quote Link to comment Share on other sites More sharing options...
path2aus Posted February 17, 2019 Share Posted February 17, 2019 I think the problem is that lots of people don't realise they can get a professional advice for a nominal fee. I did that when I did my daughter's child visa in 2016. I paid a a fee of under $200 to a RMA for a professional advice before deciding on the right path as I was in a time crunch. I did not use them for the visa application itself but clearing my doubts over couple of phone calls was really helpful. I guess people get worried that calling an RMA would cost a lot but that is not true. When in doubt and in situations such as these, it is better to get advice from an RMA. Even in the current scenario, I would suggest the OP to call an RMA for advice by providing relevant information. 3 Quote Link to comment Share on other sites More sharing options...
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