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Discussion Starter · #1 · (Edited)
Hi all,

This is going to be a long story, so please stick with me. I figure i'll use it also as an introduction as I am a new member here.

Part 1
I left my home country Sri Lanka to come to Australia (Perth) in August 2013, as a dependent under my mom, who was given regional state sponsorship on (the now obsolete) 475 visa. I was 25 years old at the time of arrival, and it should be known we initially applied for the visa when I was 19 but with a lot of complications mainly due to my age and proving I was a dependent, it took a long time to get granted. Eventually it did and me, my mom, dad, and two younger sisters moved to Perth.

There were 2 main conditions on that visa, one was to live in a regional area for 2 years, and one to work in a regional area for 1 year, both conditions relevant to my mom, the principal sponsor.

We got a house in a regional area, but finding work was a whole other issue. It was a small country town and everybody hired local. My mom is a hairdresser, so she ended up opening her own home salon while working part time at another place which is all the work she got. But the CO who processed our 887 residency application (Lodged in June 2016) decided that my mom's work hours weren't sufficient and he refused our 887 visa (On 31st March 2017) without even processing the rest of the family. We lodged an appeal on the 19th of April 2017 but are yet to hear back from them.

Part 2
In the meantime, I have also been in a long term relationship that has suffered as a result of all the previously mentioned issues.

So when I left Sri Lanka, I had been with my GF (UK Citizen/SL parents) for nearly 2 years. At the time she was completing a course in Sri Lanka with a plan to complete her degree in the United States where her parents live and she is also a resident of the states.

But because of my family's Aussie visa going through, she managed to get her credits transferred to Curtin University in Bentley. She got accepted and arrived in Australia in February 2014. Her course was due to run for 2 years so her student visa was granted for 2 years. We also moved in with each other in August 2015.

During her second to last semester she failed a class due to reasons beyond her control, and had to complete one of her electives outside her course time. When she asked for an extension on her student visa in February 2016, she was told to apply for a visitor visa instead as that would allow her to study for 3 months. So as that was the solution given to her by the DIBP officer, she did that and completed her degree but then had to organise a credit transfer from her elective to her Curtin degree, and so she was told her graduation would be in September 2016.

So once everything had been organised she left to Sri Lanka in June 2016 and returned in August on an E-Visitor 651 visa to attend her graduation. The plan after the graduation was to apply for a temporary graduate visa so she could stay on and work and get experience while our residency was processing.

Unfortunately when we tried to apply for a temporary graduate visa online it didn't allow us to, citing the fact that she was on a tourist visa and needed to be on a student visa. When we queried this with the DIBP office they told us to send in a paper application with a cover letter explaining why she was on the visitor visa. We did that, but it came back as an invalid application due to being on the wrong visa.

We really were at a loss for what to do. At the time my now partner had a valid E-Visitor visa valid till July 2017, obviously up to 90 days at a time. So we decided for her to stay on with me in the hope our residency would come through so we could apply for a partner visa. I also must declare at this stage I wasn't very well versed in visa laws and policies, as you may have already gathered.

So my partner was staying with me but traveled out after her 90 day period was up. That was until January 2017. We made a serious F*&^ up in our date calculations and ended up buying her a ticket 4 days after her visa was expiring which was Jan 25th 2017. But how did we find this out you ask? Well she missed her flight on the 29th of Jan, and we only then decided to double check her visa expiry date so we could get another flight, and then realized what had happened.

To add to this, the 29th Jan was a Sunday, we even drove all the way to the Perth airport just to see if the airport Border Protection office was opened but it wasn't.

On Monday morning we called the DIBP office and told them what happened. They told us to apply for a Bridging visa E online, so we immediately did. It hadn't come through by Tuesday morning so we went in to the office in person, got directed to a CSR officer, who granted her a bridging visa E on the spot. She was able to get the airline to put her on the next flight out that day (31st Jan 2017). Now we had already bought a return ticket for her since her visa went until July, so we wanted to apply for another visa for her to come back on that flight, so we asked the CSR officer her thoughts on that (Stupid I know) and she said my partner doesn't have the ban and only has 2 visitor visas so it shouldn't be a problem.

We applied again and lo and behold, got refused after being requested for more information. I believe we also didn't help the cause by telling them exactly how it is about our plans to apply for a partner visa, and showing them more ties in Australia than in her home countries.

Since then she stayed back in Sri Lanka, got a job, and settled down. And then our 887 application got refused in March. Because the appeal could take a year or more, we were in quite a pickle. I then enlisted the help of a migration lawyer, who helped us address her refusal and overstay issues, and she got a visitor visa 600 in July 2017 for 3 months, single entry.

She got 6 months off work, arrived in Perth on 1st August 2017, due to stay till October, and then go to the USA to visit her parents in Houston, before returning to work in Sri Lanka by January. While she was here her parents house was severely damaged by the Houston flooding, and they had to rent out a studio apartment till they could fix everything up. For this reason we asked for a 2 month extension on her visitor visa so she could stay here instead, and got granted this request. So she left here on 19th December 2017.

She then went back to work in January 2018. And having completed a project, requested and got granted 3 months leave from her employer between May and August 2018. We then applied late last week for a 3 month visit and provided a whole heap of information about why she would be going back to SL after her stay here.

In the midst of all this, early last week I had a bad fall playing soccer, and have multiple fractures and both arms are in a caste, left arm in a sling. Yes I typed all this with one hand, because I am on sick leave at home alone, and completely lost.

Having not received a decision by yesterday, we decided to add the information about my accident to the application, hoping it might help. By the time I added it it was after working hours. Then literally first thing this morning, 6.27 am AWST, they granted her a visa, BUT, for 1 month!!! 1 frickin month!!! AND, they added a No Further Stay condition just for good measure. Our plan was for her to come here and help with my recovery, and stay on till August. But with just 1 month, I don't want her to come here and have to care for me for 2 weeks and then have to leave in 2 weeks!

Like seriously? What are we supposed to do? It's the only way we get to see each other. Over the last 16 months i've only seen her for 5! She even got leave!! And has sponsorship from her family, and me!

I am a web developer here working full time for the last 3 years in Perth. I pay a ton of tax every month, and get nothing in return. I am on a bridging visa A until the appeal is done and am treated like nothing, just by a mere technicality that I'm not a resident. I am a resident! I've integrated into the community, am a musician and student pilot. I love this country and the people here, but apparently it's wrong to want to be with the love of your life.

Please help me feel better. And give me solutions please i'm lost.

Thank you!
 

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Follow the advice of your migration agent.

You will keep making mistakes if you keep trying alone.

Visitor visas are not meant for long term stays hence why you got 1 month and nfs.

A broken arm isn't grounds for needing a carer.

MARA registered migration agent - that's what you need get their help, pay their bills, best chance of a good outcome.
 

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Wow.

Honestly, take Mania's advice. Engage the services of an Australian based RMA. There are some excellent ones who frequent these forums and it wouldn't hurt to pay for a consult so they can put you on the proper path.
 

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If you are paying a ton of tax, you must be on a decent wage, so why not engage a professional Australian based Registered Migration Agent to deal with this for you?

Whatever you do, stay away from unregistered overseas agents. Every time I take over an application from one of those dodgy operators, I am astounded at how unprofessional and incompetent they are. Most of them are completely unaware of the latest requirements and how to meet them.
 

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And somtimes they have done so much damage that the situation cannot be saved
Too many Errors , Contact a Registered Migration Agent
 

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Discussion Starter · #7 ·
Thanks for all the replies everyone. Yes, you are right, I probably should have gone with the agent, I did it through her last year and got everything we asked for. This time however I only consulted her and didn't do the whole thing through her. Mainly because even she was saying we should be able to do it alone, and for the cost of a visitor visa, it's not really worth the cost of the agent, especially considering the amount of times she will need to visit.

Having consulted my agent after this incident though, we have taken the decision to not apply for anymore visitor visas in future. But we are looking into the possibility of getting her a working holiday visa, considering she's a UK citizen, did her degree in Australia yet hasn't been able to get work experience, is of the right age, and all in all makes sense for her to do.

It might be risky, but we will give it some time and try and build up a solid case for her. In the meantime if I do get my residency it will obviously hold more weight for the working holiday visa because we would apply for the partner visa offshore first.

The sad part about this is just getting to see her for 1 month while all this is happening. The thought of dropping her off at the airport again in a month kills me. At the end of the day we are trying to do things the right way, but they still make it so hard. We just want to be together, there should be some kind of policies in place for situations like this because it not only helps me, but everyone I interact with, and helps me do my job better by keeping me in a better mindset. It's hard to go on with so many decisions, possibilities and fears in your life and if her working holiday visa doesn't work, it just maybe a case of me calling it a day and going back to Sri Lanka. I hope it doesn't come to that though because we both love being here.

Thanks for all the advise!
 

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Please help me feel better.

There are a number of people that have had to be separated for far greater time than you have been. All because they have the wrong passport or live in the wrong country, not because they have made mistakes on visa applications or breached visa conditions. Chicken999 springs to mind every time.

All my posts are done with one hand and one finger (odd occasion two fingers).
 

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Please help me feel better.

There are a number of people that have had to be separated for far greater time than you have been. All because they have the wrong passport or live in the wrong country, not because they have made mistakes on visa applications or breached visa conditions. Chicken999 springs to mind every time.

All my posts are done with one hand and one finger (odd occasion two fingers).
I'm soooo getting you typing lessons for Xmas.
 

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Please help me feel better.

There are a number of people that have had to be separated for far greater time than you have been. All because they have the wrong passport or live in the wrong country, not because they have made mistakes on visa applications or breached visa conditions. Chicken999 springs to mind every time.

All my posts are done with one hand and one finger (odd occasion two fingers).
Now I'm curious about Chicken999. I tried to search her and 395 posts came up. From what I can see there was a denial, possibly based on racial bias, and then the decision was appealed with success. Is this what happened? In my case, I am deeply afraid of being denied my partner/family visa based upon my circumstances.I know it is a very real concern and I'm afraid of the possibility of going through an appeals process. If it gets too tricky, I'm hoping the USA will welcome my husband here. All we want is to be together just like everyone else here on this forum with a spouse/partner.
 

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Apart from being told stop applying for Visitor Visas you will never get one! IF I recall correctly a Partner Visa application was refused (after a long process time), this was taken to AAT for review. Also another Partner Visa was applied for and the issues in the original refusal were addressed, the sponsor went to the partners country and they even built a house together to live in. Eventually I think they won the AAT and that was then sent back for processing.

In the end after years afters battling the system and around $50,000 they finally got a grant. I believe he is eligible for citizenship very soon - I hope they don't change the rules before then.
 

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Chicken999 AMPK almost had her story correct. However, it was not sent back for processing. The second application that was done in Ghana (first was in Malaysia) was finalized before AAT was. The one in Ghana was processed in 9 months and at that time they were taking 12 to 18 months. AAT did however give her all the money back that she paid for the appeal which is very usual, usually you only get half back.

Her husband was due for citizenship in February.
 

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In my case, I am deeply afraid of being denied my partner/family visa based upon my circumstances.I know it is a very real concern and I'm afraid of the possibility of going through an appeals process. If it gets too tricky, I'm hoping the USA will welcome my husband here. All we want is to be together just like everyone else here on this forum with a spouse/partner.
Have you spoken to Peter Bollard or the other (I forget - help someone) agent about your sons condition?

I remember! George Lombard.
 

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Have you spoken to Peter Bollard or the other (I forget - help someone) agent about your sons condition?

I remember! George Lombard.
Someone recommended Lisa Ira. I did contact her by email and she did respond, but my husband felt it was probably not necessary. I hope that was the right decision. We had already paid an immigration attorney before we filed our application to look at our documentation on my son and give us advice on whether or not we had a shot at being granted a partner/family visa. He felt we had a good chance and felt we should apply based on the information and evidence we provided. We did not use a RMA or the immigration attorney to help us fill out our application or with any of the attached documentation - only for the advice beforehand. I guess the longer this process takes, the more I second-guess our decisions and our chances.
 

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Peter Bollard and George Lombard are considered as the best/experts in visa applications with Medical Issues, I have seen RMA's recommend and speak very highly of these two.

I have only ever seen one other name put forward for medical issues (by a RMA) I can not recall the name and only seen him recommended once.

I personally have great respect for Lisa based on her posts, but if I had half a medical concern I would without hesitation contact one of the 2 experts in that area.

I know one of the MODs here used one of them and the fee was very reasonable and they spoke very highly of them. If I had to guess it was College Girl but that's just a guess.

I would avoid a rejection at all costs - that just closes doors.

Neither of the two I mentioned have ever to my knowledge ever posted on this forum or any other, but I have seen them both mentioned on this and other forums as the go to people with medical issues to deal with.
 

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Ampk, thank you for the advice. It's probably about time I take care of this nagging feeling and let the experts help me. I just spoke with my husband and he agrees. Maybe this could save us the heartache and aggravation of going through an appeals process. I'm going to contact one of them as soon as I can.
 
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I think that is a wise move an initial consultation will only be a bit over a few hundred OZ dollars. So have everything related to your sons condition ready to email.

Then listen and decide from there.

I have used Registered Migration Agents before on some of our visas, they can be worth every cent.

These two I only know by reputation and as I said, if there was ever a medical issue with zero hesitation I would contact one of those two. Also I have never heard a bad report from either.

Best wishes.
 
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