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Old 08-19-2010, 09:07 AM
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Question URGENT - Evisitor whilst waiting for Partner Visa to process

Hi all,

The situation is: A European lady in a relationship with an Aus citizen, their child is born the date her Tourist visa in Australia (with a must leave Australia provision) is to expire. She contacts immigration in advance to see what can be done and they say she can get medical permission to stay for a couple weeks following birth of baby but then she needs to leave the country and apply for partner visa outside Australia. She initially books tickets to NZ to stay and process partner visa but upon departure at airport they deny her to leave Aus as she doesnt have a return flight from NZ to a country she has a visa for (had a return flight to Aus on the assumption she will get a partner visa). Then she books tickets to Europe for her and baby and hesitantly leaves hubby at home in Aus. She makes application (with cover note explaining the desperate situation they are in with 1 month old baby away from father etc.) to Berlin for partner visa the day she arrives and has been waiting about 1 months. She is now contacted to say the partner visa cannot be processed until Nov but she can return to Aus on a Evisitor visa to be with hubby. But she has to leave Australia AGAIN in November to wait in another nearby country for 5 days while they grant her Partner visa and she can then return.

Firstly I think this is a disgrace she will have to leave for a 2nd time. Can this be avoided with any desperate letter or call for special consideration from immigration?

Secondly, will she definately be allowed into Australia upon return with Evisitor (considering she has a current partner visa pending and her obvious intention is to stay permanently.)

Thanks so much for any assistance