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Discussion Starter · #1 ·
Hi all,
Im an Aussie married to a Nigerian currently living in Nigeria. My husband before we met went to south africa as a tourist and didn't leave. He had alot of visa issues and tried to get a family visa ( someone he wasn't related to :confused:) also he had a refugee visa which he let expire and lived illegally in south africa for 4 years and then he finally got his act together and got a permanent work visa, or so he thought.

we applied for a tourist visa to Australia in November 2016 and it was denied as his south african visa was fake, that part was a shock and he got a 3 year ban. At the time i couldn't appeal because we were not married ( that was feb 2017 the ban applied) we got married and left south africa after he tried to re-do his visa and it was denied.

Then we came to Nigeria and its not where we want to be at all. life is tough and i want to go home with him. so we applied for a new tourist visa to test the water ( that was the advice of a migration agent). so we lodge a tourist visa in december 2017 that was denied june 12th but we can appeal it. so we are in the process of appealing it now and hoping that our living situation may meet compelling and compassionate reasons and we are also doing the spousal visa as my dad has given us the money.

My dad is completely supporting us as there is no work
we are pregnant
we already had a miscarriage while waiting for the latest visa outcome

questions
1. does anyone know if spousal visas will be rejected because of the 3 year ban? its a permanent visa so we are thinking it might not ( hoping)

2. Will his illegal stay in south africa have him rejected for spousal? we have not mentioned this to immigration before as the only take history of 12 months before and he had what we thought was a real visa

3. I have heard that a pregnancy is not a reason to have a visa approved but at this point im not going back with out him and Nigeria has the 2nd worst maternity health care in the world.

does anyone have any insight or hope? we are desperate to have his visa by December so i can still travel and have the baby in January.

Any advice would be really appreciated thank you in advanced
 

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First off, I am sorry for your previous loss. I know from experience how heartbreaking that can be...

So You’re not going to like my response, but here goes...given your partner’s visa history and country of origin, there is basically zero prospect of him getting a partner visa prior to giving birth. And I think you’re being incredibly naive thinking that you’ll be able to give birth in Australia with him by your side. Sorry, but that’s the truth. In which case you need to wise up and make a plan which is in the best interests of you and your child. You’re not being heroic saying you’re prepared to give birth in Nigeria - you’re being naive. You need to make a plan based on what is possible, not on what you want. Immi don’t care about what you want.

Now to what is possible. Get a MARA agent, a good one. There are a few who post regularly on this forum. Prepare a detailed application, and yes you will need to disclose his visa history. Put aside all desire for him to be in Australia by January - it’s not going to happen. Focus on getting your husband a partner visa approved, no matter the timeline. It’s very common to spend time apart from your partner in such situations, hell my husband and I were long distance for 2.5 years, that is why I say your focus needs to be on the end game.

I’m not saying this to be harsh, I just think you need a reality check...
 

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Very sound advice Miss Mullen! A bit of tough love and a reality check can be very beneficial.
 

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Hi there

I'm sorry to hear about your difficult situation. Unfortunately the current estimated offshore partner visa processing time is 13 - 19 months. As such, it is extremely unlikely that the visa will be processed in time for your baby's birth, especially given the complications of your case.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

e: [email protected]
w: Home | Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
 

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missmullen I would had added for that good Registered Migration Agent to be Australian based.

I too am sorry for your loss. My first two children were born in Botswana Africa, the first had to be in the public hospital as we had moved from Maun to Gaborone late in the pregnancy and they would not accept my wife at the private hospital.

An emergency caesarean had to be carried out and my daughter spent the first week of life in ICU. My second was born in the private hospital and that went well, but a few weeks later she had breathing problems. We lived close to the private hospital and they immediately after signing for payment put her on oxygen, she went a funny grey/green in my arms I knew this was bad! I lost my cool and started yelling and pushing emergency buttons - soon they worked out that the oxygen had been turned off, they turned it on and colour slowly came back.

I would confidently say Botswana is one of the higher standards of medical on the African continent, but it is far from Australian standards.

Your husbands case seems very much a can of worms with lots of things to address. Your not just needing an application (and a good one) but your going to need a plan.

What ever you do don't rush a Partner Visa application, in your case it might be best to wait awhile.

On the last Visitor Visa application Dec 17 was it clear you are both married to each other in that application?
 

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Discussion Starter · #8 ·
First off, I am sorry for your previous loss. I know from experience how heartbreaking that can be...

So You're not going to like my response, but here goes...given your partner's visa history and country of origin, there is basically zero prospect of him getting a partner visa prior to giving birth. And I think you're being incredibly naive thinking that you'll be able to give birth in Australia with him by your side. Sorry, but that's the truth. In which case you need to wise up and make a plan which is in the best interests of you and your child. You're not being heroic saying you're prepared to give birth in Nigeria - you're being naive. You need to make a plan based on what is possible, not on what you want. Immi don't care about what you want.

Now to what is possible. Get a MARA agent, a good one. There are a few who post regularly on this forum. Prepare a detailed application, and yes you will need to disclose his visa history. Put aside all desire for him to be in Australia by January - it's not going to happen. Focus on getting your husband a partner visa approved, no matter the timeline. It's very common to spend time apart from your partner in such situations, hell my husband and I were long distance for 2.5 years, that is why I say your focus needs to be on the end game.

I'm not saying this to be harsh, I just think you need a reality check...
I don't really need a reality check but thanks. Im very aware of the battle we are up against and will continue to try every avenue available hence why im looking for answers or experiences similar but am yet to find any. I have Nigerian residency so i dont need to leave him and have that long distance relationship.

im not trying to be a hero by having a baby in Nigeria there is no way the spousal visa will be done but thats why we are doing the appeal and if that fails we will keep on waiting.

thanks for your time. Hopefully i can get some answers to my questions soon
 

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Discussion Starter · #9 ·
Hi there

I'm sorry to hear about your difficult situation. Unfortunately the current estimated offshore partner visa processing time is 13 - 19 months. As such, it is extremely unlikely that the visa will be processed in time for your baby's birth, especially given the complications of your case.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
Thank you for your reply, I have no hope for the spousal visa being done but the lady we spoke to at the tribunal in Sydney said that 4 weeks to 4 months to get a hearing based on what we told her. Im trying to find out if its still a waste of time and money because of the 3 year ban and if we should hold of on the spousal.
 

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Discussion Starter · #10 ·
missmullen I would had added for that good Registered Migration Agent to be Australian based.

I too am sorry for your loss. My first two children were born in Botswana Africa, the first had to be in the public hospital as we had moved from Maun to Gaborone late in the pregnancy and they would not accept my wife at the private hospital.

An emergency caesarean had to be carried out and my daughter spent the first week of life in ICU. My second was born in the private hospital and that went well, but a few weeks later she had breathing problems. We lived close to the private hospital and they immediately after signing for payment put her on oxygen, she went a funny grey/green in my arms I knew this was bad! I lost my cool and started yelling and pushing emergency buttons - soon they worked out that the oxygen had been turned off, they turned it on and colour slowly came back.

I would confidently say Botswana is one of the higher standards of medical on the African continent, but it is far from Australian standards.

Your husbands case seems very much a can of worms with lots of things to address. Your not just needing an application (and a good one) but your going to need a plan.

What ever you do don't rush a Partner Visa application, in your case it might be best to wait awhile.

On the last Visitor Visa application Dec 17 was it clear you are both married to each other in that application?
Wow sounds hectic! I think your right, Botswana does have better health care, in fact we have a friend who is a doctor there i believe she trained in the US.

It may be worth waiting but its hard to know, iv spoken to a few registered migration lawyers and paid hundreds for the consults and they all seem clueless to our situation im not sure why but i wouldnt then pay $1000s to someone who gives advice like test the waters. Im more then happy to hear that was have to chance with an appeal or a spousal visa until his ban is over but no one seems to say that.

keep trying i guess

thanks for your input.
 

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Discussion Starter · #11 ·
Hi there

I'm sorry to hear about your difficult situation. Unfortunately the current estimated offshore partner visa processing time is 13 - 19 months. As such, it is extremely unlikely that the visa will be processed in time for your baby's birth, especially given the complications of your case.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
I just saw your name. We downloaded your Udemy course yesterday
 

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I just saw your name. We downloaded your Udemy course yesterday
Oh, that's great. I hope you find it useful :). It is intended for straight-forward partner visa matters, so just keep in mind that further evidence/considerations/etc may be required for your situation. It should be a good starting point for you though.

Best of luck.

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

e: [email protected]
w: Home | Migration Appeals

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
 
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