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Coronavirus travel - advice please


Brucolino

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1 hour ago, Brucolino said:

Do I need to provide evidence of permanent relocation out of Australia? What about evidence of my relationship to my partner (as we are not married). I've heard they are very strict with issuing approval for travel.

Are you getting confused by the list of evidence on the Home Affairs page?  That list covers all the possible kinds of evidence you MIGHT need, depending on your reasons for wanting to leave. You choose the ones relevant to your reason for travel (compassionate), and ignore the rest.  

If you have decided you want to leave forever, then by all means use that reason instead of compassionate reasons - but you'll need to show evidence that you've given notice to your landlord, booked shipping for your belongings, and that you have a home to go to in the UK.   If you wish to apply under that category, you select "People who are travelling on urgent and unavoidable personal business" instead.

The British Consulate might help with repatriation if you were stranded in a foreign country.   You may feel stranded because you're separated from your partner, but you are living comfortably in your own home, in a country where are legally resident, so it doesn't come under that category.

Edited by Marisawright
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On 19/06/2020 at 05:04, Marisawright said:

Are you getting confused by the list of evidence on the Home Affairs page?  That list covers all the possible kinds of evidence you MIGHT need, depending on your reasons for wanting to leave. You choose the ones relevant to your reason for travel (compassionate), and ignore the rest.  

If you have decided you want to leave forever, then by all means use that reason instead of compassionate reasons - but you'll need to show evidence that you've given notice to your landlord, booked shipping for your belongings, and that you have a home to go to in the UK.   If you wish to apply under that category, you select "People who are travelling on urgent and unavoidable personal business" instead.

The British Consulate might help with repatriation if you were stranded in a foreign country.   You may feel stranded because you're separated from your partner, but you are living comfortably in your own home, in a country where are legally resident, so it doesn't come under that category.

I don't understand how the process works. Obviously I'm not going to hand in notice to my landlord and work without getting prior approval to leave Australia. The last thing I want is to be stuck here without a job or place to stay..

Has anyone on here (as a PR) applied for a travel exemption and been successful? What type of evidence/documentation did you provide?

Did you consult with a migration agent on how to submit a case? Are there any migration agents on this site who can offer advice please?

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14 minutes ago, Brucolino said:

I don't understand how the process works. Obviously I'm not going to hand in notice to my landlord and work without getting prior approval to leave Australia. The last thing I want is to be stuck here without a job or place to stay..
 

In your particular case, you have two choices. 

If you choose to apply under "compassionate reasons", then you don''t have to give notice or leave your work until you know you have the exemption.  You just need to supply evidence of your compassionate reasons. 

If you choose to apply under "urgent personal business" and declare that you want to leave Australia forever, then you will not be refused, so you can confidently hand in your notice, leave work and arrange to ship your belongings, and then submit evidence of all of that.  You will not be refused because they don't really care about you leaving. They only care about people who want to leave for a short period and then possibly bring the virus back with them.    We had a member here who left recently without any problem.

If you are really not confident about the process, how about asking your partner to help you understand it?   The form is really very simple and actually, most applications are approved. If you are rejected, you are allowed to reapply with further evidence.   I feel you're allowing panic and stress to cloud your thinking, so perhaps involving someone who's calmer would help.   

It's not a migration issue so an agent wouldn't normally get involved, though I suppose one would be happy to help you if you are willing to pay for their services. 

Edited by Marisawright
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24 minutes ago, Marisawright said:

In your particular case, you have two choices. 

If you choose to apply under "compassionate reasons", then you don''t have to give notice or leave your work until you know you have the exemption.  You just need to supply evidence of your compassionate reasons. 

If you choose to apply under "urgent personal business" and declare that you want to leave Australia forever, then you will not be refused, so you can confidently hand in your notice, leave work and arrange to ship your belongings, and then submit evidence of all of that.  You will not be refused because they don't really care about you leaving. They only care about people who want to leave for a short period and then possibly bring the virus back with them.    We had a member here who left recently without any problem.

If you are really not confident about the process, how about asking your partner to help you understand it?   It's not a migration issue so an agent wouldn't normally get involved, though I suppose one would be happy to help you if you are willing to pay for their services. 

Hi Marisa,

  • If I went down the route of "compassionate reasons" what evidence would I need to supply? What reason did your member give for example?

            Things I am thinking of for example is whether I need to prove my relationship, which I know is required for partner visas etc.

            Is there a chance you could be denied travel? And if so - would I be allowed to appeal this decision?

 

  • If I go down the route of "urgent personal business" is it enough to supply a written statement that I am leaving Australia? Or would I need a statutory declaration witnessed and signed by a legal official?


Thanks

Edited by Brucolino
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If I went down the route of "compassionate reasons" what evidence would I need to supply? What reason did your member give for example?    Things I am thinking of for example is whether I need to prove my relationship, which I know is required for partner visas etc. - The member in the example was leaving Australia forever to go and live in the UK, so that is not relevant to you.  

 Is there a chance you could be denied travel? And if so - would I be allowed to appeal this decision?  Yes, there is a chance it could be denied if it's felt your reasons are not compelling enough.  There is no appeal process BUT you are allowed to apply again immediately, and it costs nothing so there is no reason not to try again. 

If I go down the route of "urgent personal business" is it enough to supply a written statement that I am leaving Australia? Or would I need a statutory declaration witnessed and signed by a legal official?  You need to show proof that you have given notice on your lease  (or put your house on the market) and booked your one-way flight and shipping. Also evidence of where you will be living when you arrive in the UK (if that is with your partner or your family then a statement from him/them). No need for a stat dec.  

Note that it takes about 4 weeks to get a decision so allow for that when making your plans. 

 

Information from the Home Affairs website about applying for travel for compassionate reasons:

In your request, you must provide us following information:

  • the reason for your visit, include your compelling or compassionate reasons
  • which countries you will be visiting (include stopovers)
  • how you are related to the person you are visiting
  • details of the people you plan to visit, including their:
    • full name
    • date of birth
    • your relationship with these people
  • when you plan to travel (both to and from the countries you wish to visit)
  • how long you wish to stay in each country
  • why you need to visit these countries
  • evidence of compelling or compassionate reason
  • copies of any identity cards or identity documents with your photograph
  • copies of passports (or other travel documents) of all visa holders wanting to travel
  • your travel arrangements (if already made)
  • your contact details while outside Australia
  • your contact details in the country you wish to visit
  • contact details of your migration agent or representative (if this applies)

Compelling or compassionate reasons can include:

  • visiting or caring for a close relative who is seriously ill or dying
  • attending the funeral of a close relative
  • attending the birth of your child
Edited by Marisawright
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22 hours ago, Marisawright said:

If I went down the route of "compassionate reasons" what evidence would I need to supply? What reason did your member give for example?    Things I am thinking of for example is whether I need to prove my relationship, which I know is required for partner visas etc. - The member in the example was leaving Australia forever to go and live in the UK, so that is not relevant to you.  

 Is there a chance you could be denied travel? And if so - would I be allowed to appeal this decision?  Yes, there is a chance it could be denied if it's felt your reasons are not compelling enough.  There is no appeal process BUT you are allowed to apply again immediately, and it costs nothing so there is no reason not to try again. 

If I go down the route of "urgent personal business" is it enough to supply a written statement that I am leaving Australia? Or would I need a statutory declaration witnessed and signed by a legal official?  You need to show proof that you have given notice on your lease  (or put your house on the market) and booked your one-way flight and shipping. Also evidence of where you will be living when you arrive in the UK (if that is with your partner or your family then a statement from him/them). No need for a stat dec.  

Note that it takes about 4 weeks to get a decision so allow for that when making your plans. 

 

Information from the Home Affairs website about applying for travel for compassionate reasons:

In your request, you must provide us following information:

  • the reason for your visit, include your compelling or compassionate reasons
  • which countries you will be visiting (include stopovers)
  • how you are related to the person you are visiting
  • details of the people you plan to visit, including their:
    • full name
    • date of birth
    • your relationship with these people
  • when you plan to travel (both to and from the countries you wish to visit)
  • how long you wish to stay in each country
  • why you need to visit these countries
  • evidence of compelling or compassionate reason
  • copies of any identity cards or identity documents with your photograph
  • copies of passports (or other travel documents) of all visa holders wanting to travel
  • your travel arrangements (if already made)
  • your contact details while outside Australia
  • your contact details in the country you wish to visit
  • contact details of your migration agent or representative (if this applies)

Compelling or compassionate reasons can include:

  • visiting or caring for a close relative who is seriously ill or dying
  • attending the funeral of a close relative
  • attending the birth of your child

Thanks so much for the information Marisa,

The summary of what I am thinking of adding in my application is that I want to leave Australia as my partner and I are in seperate continents and due to the pandemic can no longer travel to visit each other which in combination with his mother's condition have made us both decide to remain close to home & family for as long as the pandemic restrictions are in place (recognising that this could be years).  - Does this seem more or less like the level of detail needed?

Some follow up questions I'm hoping you can help answer:

  • You mentioned a decision could take around 4 weeks. How many months in advance should I book my flight date? If for example I were to book travel 6 weeks away, is there a chance the review of my case could take longer?
  • Is there really any guarentee I will not be denied travel ? It still seems very high risk booking a flight and handing in notice to workplace and landlord without prior approval ?
  • Lastly, would I be eligible to apply for a RRV in the future to extend my PR for a further 5 years, if after say 2-3 years COVID travel bans were lifted?

Thanks again!

Edited by Brucolino
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@Brucolino, you still seem to be confusing two different reasons for travel - you have to choose one or the other. 

Honestly, if your partner isn't able to help you with the application, I strongly suggest you contact a migration agent like @paulhand .  This is obviously very important to you, so you should be willing to pay for proper advice.  He will be able to advise on the best wording for the travel exemption and also advise you about the implications for your PR.   I was happy to give you some pointers but I feel you're placing too much responsibility on me.

Why do you think it's going to be 2-3 years before the restrictions are lifted?

Edited by Marisawright
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10 minutes ago, Brucolino said:

Hi Marisa,

Apologies - I'm not trying to place any responsibility on you, or anyone else.

Of course my partner and his family are more than happy to provide support via statements or what not. It's more the fact there doesn't really seem to be a checklist or formal guidelines on what evidence is required for a successful application. Which in itself is stressful when talking about handing in notice to landlord, workplace and paying for international flights without guarentee you will be allowed to travel.

I speculated a 2-3year travel ban because Simon Birmingham made an announcement last week that Australia's international borders would remain closed till at least 2021 and with cases on the rise and restrictions not even fully lifted (in Victoria at least) I simply made an estimation that international travel may not resume for the next couple of years.

This is important to -both of us- as we no longer know when we would be allowed to travel and see each other again. Hence I am feeling the only realistic option is to unfortunately leave Australia ☹️

 

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@Brucolino, this is what I mean, I feel like you're not understanding.  

Option 1 is to apply for an exemption for compassionate reasons.  In that case, there is no need to give notice or book tickets.  Just make the application and wait for the decisoin before you do anything. 

Option 2 is to apply on the grounds that you are leaving the country permanently. Then you need to show evidence that you are leaving the country permanently (i.e. proof that you're making arrangements, giving notice etc). 

So, if giving notice makes you nervous, choose Option 1.

I pasted a checklist in the post above.  The only thing you need to work out is "evidence of compelling or compassionate reason".  Use your common sense and ask yourself what evidence you could supply.  The point is, it doesn't matter if it turns out to be insufficient and it's refused - because you can gather further evidence and apply again immediately. So you have nothing to lose by giving it a try and I'm struggling to understand why you're so reluctant. 

Question - how long is your partner likely to have to stay in the UK?  Does he have a visa to live in Australia?

Edited by Marisawright
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10 hours ago, Marisawright said:

c). 

So, if giving notice makes you nervous, choose Option 1.

I pasted a checklist in the post above.  The only thing y

Thanks Marisa makes sense now.

I'm not reluctant, I just like gathering as much information as possible as I have been reading about many cases of skilled workers struggling to get travel exemptions (albeit they are returning from overseas) have even known of cases at my workplace. Was reading an article yesterday about one person getting refused 9  times and having to provide a mountain of evidence before getting approval.

Partner is not a PR, when he came out initially it was on a working holiday visa. This is not really an issue as we are planning to get married and would have other VISA options. At the very start his mother had not had her diagnosis so this changed things. We started traveling multiple times throughout the year to meet up. Very expensive and not ideal but it really kept us motivated. Now with this pandemic we are both misserable.

Anyway, our situation makes it very difficult to make a plan (or for me to know which travel exemption option to choose). It's likely we will just have to give up on Australia.

Thanks again for all your help ❤️

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35 minutes ago, Brucolino said:

I'm not reluctant, I just like gathering as much information as possible as I have been reading about many cases of skilled workers struggling to get travel exemptions (albeit they are returning from overseas)

That's the thing to remember.  There's a lot of publicity about people not getting travel exemptions, and there's a whole Facebook group of them. BUT they are temporary visa holders who are currently overseas.   You are a permanent resident wanting to leave the country, totally different thing.\

Actually, you don't need to choose yet.  Apply under compassionate grounds first.  Then if that gets refused, apply under Option 2. Nothing to lose.

Edited by Marisawright
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Hi again all,

When I'm filling out the online exemption form - both options for "compassionate grounds" and "urgent personal business" have planned return date as a mandatory field. Whichever option I were to choose I am essentially leaving the country for the foreseeable future, particularly with the uncertainty of coronavirus I really do not plan or intend to travel in the next few years.

I am confused as to why this a mandatory field if it is the right option for those wanting to leave the country 😕  Any thoughts/suggestions?

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8 hours ago, Brucolino said:

Hi again all,

When I'm filling out the online exemption form - both options for "compassionate grounds" and "urgent personal business" have planned return date as a mandatory field. Whichever option I were to choose I am essentially leaving the country for the foreseeable future, particularly with the uncertainty of coronavirus I really do not plan or intend to travel in the next few years.

I am confused as to why this a mandatory field if it is the right option for those wanting to leave the country 😕  Any thoughts/suggestions?

It is odd but just pick a date in 2 or 3 years time when you think the pandemic may be over 

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  • 10 months later...

Update: I received my travel exemption and left the country a few months back.

I provided following evidence:

  • My booked one-way flight ticket
  • My passport
  • My partner's contact details
  • Statement from my partner and his family as to our relationship and the address I would be staying at upon arrival
  • Medical letter from my partner's mother's doctor confirming her stage 4 cancer diagnosis
  • My doctor's supporting statement - as I was suffering with symptoms of anxiety and mild depression due to the travel ban
  • All flight tickets between my partner and myself as evidence of our frequent travel during our long distance relationship prior to the travel ban
  • A personal statement detailing my case, my partner's mother's battle with cancer and the toll the travel ban was taking on our relationship and mental health. Within this I stated that I would be handing in notice to my workplace and letting agency upon confirmation of my travel exemption

Upon travelling I was initially overwhelmed and somewhat traumatised by everything - getting stopped by police at the airport to check my travel exemption was valid, mandatory masks covered by face shields on the plane etc.

Once I landed I was relieved but it still took me a couple of weeks to return to my normal happy and calm self. I am finally in a happy place, reunited with my partner, breathing well again, sleeping peacefully again 😌🙏

 

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