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Discussion Starter · #1 ·
I post the above information on APA (Australian Patriots Association) on facebook and they referred me to this forum.
I can post the rest of the information from my facebook post as it has more information.

QUOTE from APA facebook on the 28th Jun. 2011...
I need help with family law. I am an Australian Citizenship born overseas. I have a partner and a baby (2 M old) in Brazil. My baby is now an Australian Citizenship by Descent. We will be going to Australia on the 8th July 2011. The Australia Embassy in Brasília issued my partner with a Tourist Visa with the restriction not to apply for any other Visas in Australia. That is in 3 months time she must return to Brazil and apply here for a Permanent Visa by Partnership. I am going to stay in Australia with my baby son as in Australia live is better for him, but he will have no mother. Does the family law of Australia protects families to be tied and living together? I mean, can I break the RESTRICTION and my partner stay in Australia and apply there for the VISA?
Thank you for any information.
 

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hi joseflor

Its normal for brazilians to get a "no further stay" condition on their tourist visas -- my partner (who is also brazilian) had one on his visa when he visited australia last year.

It would be extremely difficult to take the condition off the visa. I would not recommend, under ANY circumstance, that your partner overstay her visa, as if she does this she could get a 3 year ban on entry & it could affect her future spouse visa application (ie character test). If she does apply for a spouse visa onshore, it'll rejected, so I wouldn't bother wasting the time/money. Do it when she's home in Brazil.

There is no law here that protects families living together (ie to ensure a definate visa), however if you've made a commitment to have a child together, its certainly going to help your spouse visa application. It may not even take very long to process a spouse visa application (ie they say on the Brasilia website 6 months, however my partner's PMV fiance visa only took 4.5 months). If you have a child together I think thats already more "evidence" of a relationship than what we had! Also you're living together in Brazil? Excellent evidence of a genuine relationship for DIAC Brasilia -- I think my visits to Brazil to spend time with his family/friends/learn his culture were what put my partner & I "over the line" so to speak with our application.

Don't worry Jose. Spend the next few months putting together the spouse application & have your partner submit it as soon as she returns to Brazil. If she adhers to the condition of her tourist visa (ie leaving before the 3 months are up), this certainly will help her spouse visa app, as it demonstrates good character -- trust me, they like this! She may be back in Australia within months.

It is not an easy process to do a spouse visa app for DIAC Brasilia, but you're welcome to PM me for any advice/tips.

Cheers
 

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Discussion Starter · #3 · (Edited)
Thank you theskyisblue for sharing your experience.

I used to be in Brazil since 1999 for many occasions. For reasons that I can share with you by PM I can explain to you. At the moment it would be of our interest to apply for the visa in AU.

Later edit:
How do I PM you?
 

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Hi jose

It looks like you need to post a couple more times on the site before your personal msg service is activated. :)

I don't think you're going to have any luck in removing that "no further stay condition" off the visa. I don't think they'll believe a child is good enough reason for this (otherwise they wouldn't let anyone w/ children come here on tourist visas!) Maybe, maybe not. You can always ring DIAC when you get here & ask.

In the meantime, I would organise as much evidence as possible over this next week before you leave (eg shared bills, bank account statements, cellular phone records, photos etc). I assume you will have the receipt from when either you or your partner purchased both your flights to Australia from the travel agent/airline? Include this, and the copy of your itiniary, with your spouse visa app. Also remember to keep the actual boarding passes that will be issued to you upon checking in & boarding the flight, as you can include this as evidence that you travelled together (ie same flight, seats next to each other etc).

Your partner will need to go for a medical/xray on her return to Brazil. Here is the DIAC list of approved panel doctors for Brazil -- she must attend one of these doctors (no other option). It is not cheap, I think my partner paid approx BR$350.
Brazil - Panel Doctors

She'll also need her National ID, as well as her birth certificate, translated into english (which you can organise probably more cheaply while you are here in Australia). We also included certified copies of my partners CPF & electoral card -- I don't think the CPF & electoral card were necessary, but we included them anyway as additional ID evidence.

We were required to give 3 police checks when we submitted (Federal, Justicia, Policia Civil), but I think its changed now & you only need to submit 2... I will look into it for you.

Don't bother doing the police checks/medicals until your partner returns to Brazil as I believe they're quite easy/fast to get & its more current they are, obviously the better. She can submit the spouse visa app to Brasilia before she even has the police checks/medicals.

Our CO was assigned within a couple days of them receiving it. I've seen others from Brazil who were assigned within a week or so (which is very quick, as I believe onshore in Australia, and other countries, even this step could take months!)
 

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hi jose

further to my response above i have the details here for currently required police checks for DIAC -- and it looks like you do need to submit the CPF afterall.


BRAZIL
Relevant document – Residents and Non-residents must provide two different types of penal certificate(‘Atestado de Antecedentes Criminais’)

Apply Residents in person to the office of the
• Justice Federal and
• Policia Federal
in the state/city of residence for the previous ten years.

Non-residents (or applicants who are unable to apply in person) can give power of attorney (Procuração) to a relative/friend to obtain the document on their behalf. The power of attorney needs to specify the reason for the request and be accompanied by a certified copy of the applicant’s National ID card.

Provide certified copies of National ID card (both sides), Brazilian tax card (CPF) and passport biodata page to the departmental processing office. The original penal clearance must also be professionally translated.
 

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After applying for the spouse visa she can just apply for another tour visa to come back anyway. I explained my situation to the embassy when we applied for a tour visa for my wife and still got the 8503. They did however give her (Chinese) a 3 month visa, valid for 1 year with multiple entry.. If you can get that, i think it means you won't have to go all the way back to Brazil every time you need a visa, just have to leave the country and can come back for another 3 months within the 1 year period...
 

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Discussion Starter · #7 ·
Thanks to all.
First I quote the VISA granted to my partner:
- Your visa was granted on 08/06/2011 and it permits Multiple travel to Australia before 30/11/2011 and stay until/for 04M* from the date of arrival.
VISA CONDITIONS
Your visa is subject to the following conditions:
8101 The holder must not engage in work in Australia.
8201 While in Australia the holder must not engage, for more than 3 months, in any studies or training.
Other Conditions:
8503

If condition 8503 has been imposed on your visa this means that you cannot apply for another visa (except to engage Australia international obligations) to extend your stay while you are in Australia. Once you depart Australia, condition 8503 will not prevent you from applying for other visas.
 

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Discussion Starter · #8 · (Edited)
I have experience with this issue.
In 2002/3? I apply for a spouse vise for my ex-partner in Brazil. At the interview in Brasília with Christine, my ex was treated like shit/prostitute. The same day I changed address I notified the embassy and therefore I notified about 15 times. They sent the mail to the old address and for that reason I lost the spouse visa and I had to reapply again with extra cost and time. I needed to go back to Australia and sort things out with the tribunal. I could not get a solicitor, they refused lack of economies for me to pay them. For that reason, I got very depressed and I got pay for DSP for depression. After a long time of being separate, my ex-partner has granted the visa and she traveled to Australia. She did not want to go anymore because the way they treated her like animal. I pressure her a lot to came to Australia. We end up discuss a lot and our marriage end up to divorce after we had a child in Australia.
Mean wile, I traveled back to Brazil and i meet (06/06/2010) a girl and leaved with her ever since. I have meat her on the internet in February 2010. I was in Brazil for 9 weeks and we decided to have a baby. We traveled a lot together. She's 19 and she's physically disable. From the 14th August till 12th April I leaved in Australia and she leaved in Brazil, working and pregnant. I have hundred of documented phone call to her from AU to BR. We have all necessary paper to prove we are together.
I apply for her tourist visa twice. The first was refused. A tourist visa is best for us, as she can have a "flavor" of Australia and not having the negative side like my ex-partner of not liking Australia. Secondly, we need to be together and with our baby. Also, I do not trust the embassy and Christine. Also she' disable and that may be a condition to refused her permanent entry to Australia.
 

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hi jose

You won't have any luck changing the conditions on that tourist visa.

I'm sorry for your previous experience -- but that was almost a decade ago, I think things have changed since then. It wasn't easy to go through the process, but I certainly would not have described my experience w/ Brasilia as anything less than professional. And our case was not straight forward by any means -- we had plenty of our own complications, but we still got the visa at the end of the day, & much quicker than most other countries, and for that I'm grateful.

We didn't require any interview either -- and I think if they do request an interview you can do it via phone & there are guidelines that the CO has the abide by. There is a brazilian girl on this forum who had a telephone interview w/ Brasilia recently, and I don't recall her experience being anything bad.

Also now Brasilia communicate to the applicants mostly via email. not postal mail -- so little chance of requests going astray.

Whoever this Christine person is, after so long she's probably not even working there anymore. They receive hundreds of applications every year, so even if she was I don't think she'd even remember you (& doubtful she'd care enough about you to make trouble?)! This should not even be something to stress about.

Perhaps you should see a migration agent while when you arrive, and they can give you a better idea of how to tackle the physical disability factor with the application. If it doesn't affect how she lives day to day life, it shouldn't be too big a problem for DIAC.

I think, above all, you need to think positively jose & think of this application as a fresh new day. Keeping a negative attitude from past experience (so long ago!) won't help you. Think of yourself & DIAC as having a clean slate & just do the best job possible.

I have experience with this issue.
In 2002/3? I apply for a spouse vise for my ex-partner in Brazil. At the interview in Brasília with Christine, my ex was treated like shit/prostitute. The same day I changed address I notified the embassy and therefore I notified about 15 times. They sent the mail to the old address and for that reason I lost the spouse visa and I had to reapply again with extra cost and time. I needed to go back to Australia and sort things out with the tribunal. I could not get a solicitor, they refused lack of economies for me to pay them. For that reason, I got very depressed and I got pay for DSP for depression. After a long time of being separate, my ex-partner has granted the visa and she traveled to Australia. She did not want to go anymore because the way they treated her like animal. I pressure her a lot to came to Australia. We end up discuss a lot and our marriage end up to divorce after we had a child in Australia.
Mean wile, I traveled back to Brazil and i meet (06/06/2010) a girl and leaved with her ever since. I have meat her on the internet in February 2010. I was in Brazil for 9 weeks and we decided to have a baby. We traveled a lot together. She's 19 and she's physically disable. From the 14th August till 12th April I leaved in Australia and she leaved in Brazil, working and pregnant. I have hundred of documented phone call to her from AU to BR. We have all necessary paper to prove we are together.
I apply for her tourist visa twice. The first was refused. A tourist visa is best for us, as she can have a "flavor" of Australia and not having the negative side like my ex-partner of not liking Australia. Secondly, we need to be together and with our baby. Also, I do not trust the embassy and Christine. Also she' disable and that may be a condition to refused her permanent entry to Australia.
 

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Discussion Starter · #10 · (Edited)
Yes theskyisblue,
I am thinking positively, that is why I did a tourist visa first. Two weeks ago, we had an interview for my partner visa with this same Christine. She knows me and we both act differently and nervous when we meet. She wouldn't forget me because the way she treated us was very very ugly. And yes, I do more things by e-mail now them before. The other problem I have is economics, I have a have that I own almost in full to the bank and I am on DSP, but I still manege to do a bit of payed work. My partner disability is not that bad, she has lots of problems going upstairs because she does not bend her knees. She works here in a supermarket as a cash register. Like pjansen298 said, I may be able to get her another tourist visa wile they process the other spouser visa. But I have to manage the financial side for that. If she comes here to Brazil for the visa, my son will stay with me in Australia and I think I can get good help for that with my son as Australia has a lot of support for cases like this with babies. My son is just two months old now.
 

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Discussion Starter · #11 ·
Hello,
After a few contacts, 3 of them to the Department of Immigration, I found that there is a REQUEST TO WAIVE CONDITION 8503. I apply for this and it was granted and my partner is here and I need to apply for a partner visa in Australia.
Be aware that no ones from the Embassy or the IMMI tells you about this waive. I got the information because I insist about the family law and them I spoke with the FAMILY department.

I am happy now and commemorating this milestone.

Thanks to all of you.
 

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Do NOT overstay visa, to many people made this mistake and payed dearly. You can still apply for the waiver however if it is not granted before the visa expiry your wife can go to NZ and apply for another tourist visa. It is inconvinient however it is always best to follow whatever conditions you are given
 
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