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Old 05-26-2011, 05:48 PM
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Hi everyone!

hope this forum can help me on my queries.

Amy


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Old 05-26-2011, 05:49 PM
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Join Date: May 2011
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Rsms -119

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Originally Posted by amy21 View Post
Hi everyone!

hope this forum can help me on my queries.

Amy


Hi everyone,

A brief history of myself; I'm a holder of a 457 visa granted last feb 2008 and expiring on feb 2012. In a de facto spouse relationship with a 2 year old kid at that time visa was granted. I gave birth August of last year to our second child. I decided to give birth in the Philippines and temporarily left my 2 son's in the care of my parents. My youngest son is not yet under my visa because it took awhile to request for a passport that was just released recently.

I was able to find a sponsor willing to sponsor me on a RSMS visa. The migration agent of my future employer suggested Offshore RSMS –class 119 would be appropriate for us since our 2 kids are outside Australia. Meaning we need to exit so that a decision will be made to the application. We plan to exit Australia by 2nd week of August of this year since originally we plan to go back to the Philippines to celebrate the 1st year birthday of our youngest son. If application is successful, then that is the time I will only resign from my current employer, following of course the days I still need to stay from the day I submitted my resignation letter. My future employer states that she is willing to wait for me.

>My first concern is, WHAT IF APPLICATION WAS DENIED? Are we still allowed to go back to Australia on a 457 visa? Or what would be our other options on this if this happens?

As for my partner’s previous relationship, he was married but separated to his wife because she abandoned him and his 5 children last 1998. We met 2004 and on that year decided to live in together. We have 2 sons. And our relationship is going stronger for 7 years now. Up until now, my partner does not have any communication with the wife since she left and refuses to communicate till now that they both have partners in life and going in different directions. She is currently in New York and my partner tried contacting her-silly as may sound but our only way is through facebook –which till now she ignores him.

The agent wants my partner to file for a divorce here in Australia. Reason behind is to clear the character issue of my partner. Which would cost us more $$ aside from a huge amount of money we are going to spend for this application among other things such as interstate relocation expenses. Please don’t get us wrong, of course we wanted to be married someday too but to do it now, we don’t have the time coz it will take 3-4 months processing time, and we are scheduled to go back to Philippines by August, nor the money to spend for this at this time.. It does not help that I learned through research that, character is not in question because WE ARE NOT MARRIED, thus, NOT POLYGAMUS by nature. I just happen to fall in love with a man on a situation like this. IF character is on question, there was never a complaint on him on violence or other that would put his character in question. The wife just abandoned him for reasons only the wife knows. And now refuses even to communicate with him. He tried to settle everything so that he can move on coz its been what 13 years now? But what can you do when the other person refuses too communicate?

Immigration Law: As stated on regulation 1.15A (2) ; “ it is possible for a party to a de facto relationship to satisfy regulation 1.15A (2) requirement even though still legally married to another person provided they satisfy the decision maker that they are permanently separated from that person.”

In which, the 2 adult sons of my partner on his previous relationship signed a JOINT AFFIDAVIT prepared by a lawyer stating when their parents separation was among other pertinent facts regarding the current relationship of their parents. This document, among other requirements to prove our de facto relationship, was used in our application for 457 visa before.

Please let me know if what I believe is right and what are we gonna do if the Agent still insist for my partner to file a divorce? We can’t change him because aside from he is the agent of our future employer, he had some successful PR cases that we know of personally.

Please help….


Amy 21


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