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New here and helping a freind find the right answer. please let help her.

4K views 23 replies 11 participants last post by  ampk 
#1 ·
Hi everyone, my name is Bevs and I am a new member here. My heart is broken knowing that one of my dear friend from Australia is in some crisis about her stay of status over there. To make this easy for you all to understand, here is here story.

My friend married an Australian man, and they lived a pretty good life in Philippines and had able to have two beautiful children, time passes the husband got sick and need to go back to Australia to get better and great the right medical care and support he needs. But unluckily he become more ill each day. My friend need to travel ASAP because of the husband condition, the only option for her to avail Visa faster was the tourist visa, she and her kids was granted one. Sad to say her husband died.
Now she don't know what to do, the government won't issue her any important ID's like SSN/Government Id. Her children papers works had been processed without any problem. She talked to a lawyer and she have told the only option of visa she can get was permanent residency visa that will cause her a lot of money that she don't even know where to get.
Does anyone of your here know what's the best thing she need to do? Please let help her, she doesn't really know what to do. Thank your in advance for your honest reply.
 
#5 ·
If her husband was an Australian citizen, the children will be eligible for citizenship by descent. I'm not sure what sort of visa she'd be eligible for, though, if she is eligible for one at all. Unfortunately she's going to need professional help - she needs to look for a MARA-registered migration agent. Or you can post in Ask Mark! at the top of the forum and ask what sort of visa the mother of Australian citizen children might be eligible for on her own without being able to be sponsored for a partner visa.
 
#8 ·
Yes he is an Australian citizen, and you are right the children are already had their citizen fixed, they are both young, 9 and 4. But their mom status of visa still the same which is a tourist visa holder. She wanted to give the best future for the children, knowing the late husband didn't left them anything, they were all drain because of the illness of the late husband. She just wanted to give what's best for her two young children. She was in so much pain already when the husband died and now her immigration status stress her more. I would really appreciate any honest here, And thank your College girl for your time and input, I appreciate it a lot.
 
#6 ·
Is she trying to stay in Australia or is she trying to sort out her husband's estate? If she and her children are here on tourist visas, I don't think there are any visa options available to her. Wouldn't they be happier back in the Philippines where I assume they have family and friends?
 
#9 ·
hi Maggie! Yes she want to stay in Australia with her two young children age 9 and 4. These two young children had their citizenship settled already, but my friend immigration status hasn't. Their is nothing more wonderful being home, but in her case it will be more better for the two children to stay and live in Australia to have a better future, go to school and finish college, good health benefits I believe and etc. Being a single mom with no sure income or job will surely drag her down. Especially that late husband didn't left anything for them :( .
 
#15 ·
Other than a Parent Visa (presuming the lady does not meet the requirements of any skilled visas), the only option most likely would be to apply for Ministerial Intervention.

It is a complex and expensive pathway, which would involve making a visa application onshore,a MRT application and finally request for MI.

If condition 8503 is imposed on her current visa, a waiver would have to be granted first.

Evidence would have to be provided that compelling and compassionate circumstances exist which have arisen since the visa with condition 8503 was granted, that represent a major change to circumstances over which the visa holder had no control.

If her husband passed away after she travelled to Australia on her tourist visa, it could be argued that a waiver was justified.

There is absolutely no guarantee of a positive outcome though as the current Minister runs a very tough line on MI requests .
 
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#16 ·
EDIT: Nevermind, went and looked and OP wouldn't qualify.
 
#17 ·
bevsG, CCMS is giving you a pretty clear picture up there, unfortunately. It's really a shame they hadn't started applying for a spouse visa before her husband passed. She would have had an easier time of it if they had. Unfortunately, there's not going to be a simple way to get a visa. If she has to go through the process of a waiver, MRT and Ministerial Intervention, we are talking YEARS of having to fight for this, and probably tens of thousands of dollars (because she will HAVE to have professional help the whole way through). Given the difficulty she will face finding jobs (and she'll even have to fight for the right to be able to work, and she won't be able to travel out of the country at all for several years while all this is happening), she needs to decide if this is really a feasible pathway for her. When her kids are adults, they can choose to move back to Australia and sponsor her for the ridiculously expensive parent visa once they can afford it, but for now it really does seem as though the only option for her to stay would be pretty untenable.
 
#18 ·
On recent experience, for the sake of a MI request, a visa application and subsequent MRT hearing can be dealt with in a matter of a fews months, but the MI request itself could take easily 12 months or more.

It would not have to cost tens of thousands of dollars, but the cost would be quite substantial and the outcome uncertain, as it will be up to the Minister if he wants to exercise his discretion.

The applicant would be on a BVE, quite likely without work rights, during processing, so it is certainly not an easy path to take.
 
#19 ·
Thanks for the correction, Nick. I'm glad it's not quite as long and drawn out as I thought (I thought the wait for MRT was usually two years? Does that change for specific types of cases?) or as expensive (whew) but I still think it's probably prohibitive. Surely she'd qualify to apply for working rights on the BVE given the financial hardship she'll be able to demonstrate (no?), but yeah - like I said, it'll be work to apply for that as well.
 
#20 ·
You would follow a different strategy with the MRT in these sort of cases and ask for a quick resolution.
 
#21 ·
Hi Bev....sad situation all round but how or what money was the guy living on in Phil?? I guess he was an older man so possibly part pension or disability, so maybe not much savings to leave to wife n kids......
I suggest she would be much better off staying home where family plays a much bigger support role than in OZ....sad for the kids but its a stark reminder that some forget to make plans to provide for their families while enjoying life in the Philippines......seen this scenario many times before..
 
#22 ·
" sad for the kids but its a stark reminder that some forget to make plans to provide for their families while enjoying life in the Philippines......seen this scenario many times before"..

Your absolutely right travellor!
It's sad to hear this kind of situation. I have witnessed how my husband spent thousand of dollars to help an Australian citizen whom he met online, who got stuck in poverty and illness in the Philippines years ago with 3 children living in a terrible state. The Filipina wife have to work overseas in Qatar as a domestic helper to support her 3 kids and sick Australian hubby who doesn't have pension.
My hubby had bought him ticket back to Australia, offered him a home, car, food, etc.. for free till he be able to get back on his feet and most importantly get a medical treatment he badly needed. Hubby help him applied old age pension to the Centrelink and also British pension(he's also British citizen).Gladly, he's wife got an Au visa and kids is here now in Australia. It was a difficult and long journey for him and his family but they made it here..:)

As of Bev's friend I wish her and her kids all the best in Life. She might be emotionally better off in Philippines than here in Oz. I don't know Life is just sometimes difficult. :(
 
#23 ·
What a sad situation. No advice and nothing productive to add that hasn't already been said.

Just wanted to offer my hugs and best wishes to your friend. To lose her husband and be left on her own to raise two young boys would be a nightmare. I hope she has many friends and family to help her through this time xxxx
 
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