Hi Everyone! xo

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Hi Everyone! xo

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Old 02-23-2010, 04:07 AM
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Hi Everyone! xo

My name is Carla and I am Married to a lovely Australian man , and I am expecting our first baby this week. I myself am from N.Ireland. I am writing this because Marc and I are looking for a little bit of advice or hoping that someone can point us in the right direction or just offer a little bit of support when it comes to some matters regarding immigration.I will tell you a little bit about Marc and I first of all.
Marc and I met online almost 4 years ago as penpals, we met in March 2006, it started out as emails, then texting, then 6 hourly phone conversations. lol A few months later Marc came to visit me in Derry, where I am from, Marc stayed a total of 4 months then returned home in January 2007 and 6 weeks later I followed him out on a year long family tourist visa, we stayed that year with his parents, who welcomed me wholeheartedly into their family, and continued getting to know one another and our relationship grew stronger and stronger. As my visa was up in the February of 2008 I returned home. Our plan was for me to return home and we would save up and I would get a ticket and a working holiday visa, unfortunately Marc and i were apart for longer than we anticipated, My sister was expecting a baby and i didn't want to miss the birth of the first Grandchild in our family, Marc and i were apart for about 8 months, I flew out just 3 days after my nephew was born. But in this time Marc and I were still very much a couple. We talked on the phone everyday, we text, emailed, everything we could.
I arrived in Australia for the second time in September 2008 on year long working holiday Visa, Marc and I came to Devonport Tasmania and spent a beautiful 6 months over the summer, it was great having that time together after being apart for so long. After 6 months we went back to Queensland, we were visiting Marc's parents and decided to stay there for a while so we could save to get married and hopefully save up so Marc could spend some time at home with me and my family. In July 2009 we were coming along nicely with the wedding arrangements when we discovered I was 6 weeks pregnant, needless to say we were surprised but very Happy.
We were married on August 29th 2009 and we had an absolutely beautiful day, unfortunately my family couldn't be there but Marc's family, my new family, made it very special for us. Marc and I then returned to Ireland in September 2009, and as you know N.Ireland is part of the UK and therefore if Marc was going to stay with me there we need to go through Immigration and Visas etc. So our plan was to live in the republic of Ireland were it would have been a lot easier for Marc to get temporary residency, unfortunately the economy not just in N.Ireland but also the Republic of Ireland is not very good at the moment, and we knew straight away that we were going to have difficulty getting settled. We decided early on that the best option for us would be to return to Australia, we knew we would have a better start and better opportunities. We started the process of applying for a partner migration visa for myself by getting paperwork etc ready but it soon became clear that we were running out of time. I was 20 weeks pregnant at this stage and we knew that after 28 weeks the airline starts looking for doctors notes etc and we knew how time consuming and costly applying for a partner visa can be, I was beginning to get very stressed and worried, the stress was not good for me or the baby. So we decided that i would return to Australia on family visitor visa, this still took a couple of weeks longer than what it should have done as immigration wanted more information from me. We knew that applying for this Visa would leave us in the same situation a year from now but we were hoping that it would buy us some time to a.) settle and have the baby and b.) gather up all the information and money we needed to apply for the partner Visa. We returned to Devonport Tasmania to have the baby as we felt it was somewhere we could settle for a bit to have our baby, we are currently renting and my husband has got a job and is working very hard to provide for us and we are just waiting patiently now for our little bundle to arrive. We are both very proud that our baby is going to be born in Australia as it is a wonderful country, especially my husband and his parents, as this is the first Haeren baby to be born in Australia, as well as their first grandchild. We think we could make a good life for ourselves here in this beautiful country.
Now here is were we are looking for some advice or support, My Visa does not expire until November 2010 and we hope to apply for a partner migration Visa for me to remain here in Australia, Unfortunately immigration has put a No Further Stay clause on my Visa which means i have to leave Australia to apply for any other visa. This is were we are concerned we are going to get problems, If I have to return home i will have to take the baby with me as the baby will still be too young to be separated from its mother, and my husband will need to be here if he is holding down a job to support us all, and you know how immigration likes proof that an applicant can be sponsored. So if we are separated and Visas can take Months to process applications, and they say that if you apply outside Australia you must be outside Australia when the Visa is granted. Marc and I are married now and with a baby on the way being apart for that long is not an option, Marc and I have done it before but a baby can't be away from its father for that long either, we are not trying to avoid applying for a partner visa we would just like to be able to do it while I am here in the country to avoid splitting our family up. We have been told about the waiver for the No Further Stay condition but having a baby is not considered out of our control, and short of wishing and accident or illness to myself, husband or God forbid baby I do not think they will waive it and we left back at square one.
I hope I have not rambled on too much.

Thank You

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Old 02-24-2010, 07:07 AM
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Hi Carla and congratulations on the imminent arrival of another little Aussie/Irish bundle of joy and I do hope that the delivery and future goes extra well for you.

You've certainly got a good handle already on the immigration requirements and yes, it is not so easy to get a waiver and damm stupid in my book re the hoops they make couples have to jump through especially in cases such as yours when there is no doubt as to intent.

I do not know who has told you re the waiver but all I'd say on that is it's not over until the Fat Lady sings as they say and so once bubs is a few months old and tarvelling OK I'd at least front up to immigration with the form and try it on.
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" has the details as you've no doubt read.
I'm no lawyer and not even the best of bush lawyers but! re:
Why condition 8503 is imposed on some visas
Use of condition 8503 allows the department to grant more visas in those cases where extra surety may be needed that a visa applicant will depart Australia at the end of the period of stay allowed for by the visa.

It has been successful in increasing the number of visas that are granted while reducing the number of people who try to stay in Australia beyond the period allowed for by the visa.
In the first instance, the Why bit is just entirely ridiculous , and then re the following my assertions are in bold.
This regulation states:

.. 'the circumstances in which the Minister may waive [condition 8503] are:
(a) since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
The Birth of your child, no more compelling and compassionate!
(i) over which the person had no control; and
Once pregnant, the baby is going to come ain't it and you have no control over that other than I do hope they would not be suggesting an abortion!
(ii) that resulted in a major change to the person's circumstances; and
No doubt about the change it is going to create
(b) if the Minister has previously refused to waive the condition, the Minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously; and
We'll ignore that
(c) if the person asks the Minister to waive the condition, the request is in writing'.
No problems with that
Because this is law, it is not possible for the department to consider waiving the condition for any other reasons.

Therefore, if you do request a waiver of condition 8503, the departmental officer who considers your request must be satisfied that all of the above requirements apply in your case, namely that:

•the circumstances that have developed since you were granted the visa are both compassionate and compelling
•you had no control over these circumstances
•these circumstances have resulted in a major change to your personal circumstances.
I believe a very strong case can be mounted and sometimes our bureaucrats need a bit of shifting in attitudes - they would not like any publicity about the concept of what control may infer!

I'll send you a PM about another step.[ you'll need to turn PMs on in your control area - the UserCP top left ]

If that approach does not work, it is not the end of possibilities with minimal or no separation.

For you could have your application all fully prepared, all the supporting documents etc. and take a short trip to NZ if need be.
I'll let you know in PM about a same day application and approval case.

Be in touch

Last edited by Wanderer; 02-24-2010 at 07:50 AM.

  #3 (permalink)  
Old 02-24-2010, 11:28 PM
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Join Date: Feb 2010
Posts: 3
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Hi Wanderer, Thank You for your wishes and also for getting back to me, I was hoping you would because I had read a couple of your threads and you seem to know what you were talking about and figured you would have a few handy hints. I am having trouble with my profile and i don't know how to turn on my PM, it keeps telling me i don't have priviliges to access anything but if you think it will be ok to give you my email, would that work?

Thanks xo

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Old 02-25-2010, 12:53 AM
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Originally Posted by carlacrackers View Post
Hi Wanderer, Thank You for your wishes and also for getting back to me, I was hoping you would because I had read a couple of your threads and you seem to know what you were talking about and figured you would have a few handy hints. I am having trouble with my profile and i don't know how to turn on my PM, it keeps telling me i don't have priviliges to access anything but if you think it will be ok to give you my email, would that work?

Thanks xo
I'll have to check that with the system for I do know there was going to be a restriction of some sorts until a prson had five posts and maybe not being able to turn PMs is part of that.

First see if you can send me a PM by clicking on my name in this thread and see if the box pops up with send me a PM in it. Could be that'll not be there until five posts is up too [ someone else could not get that either just recently ]
If so, just make a few more posts, a reply here to acknowledge and couple of short ones on Tassie, the caves there for instance in travel or anything you like and get five up and see what happens then before we go having you put your email on the forum.

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