Compassionate grounds or not?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Compassionate grounds or not?


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-17-2015, 11:37 AM
Active Member
 
Join Date: Nov 2014
Posts: 22
Users Flag! From australia

2 likes received
2 likes given
Compassionate grounds or not?

Hi ya'll,

I am an australian citizen who is married to a samoan citizen. We have applied for his partner visa 309/100 27/03/2014. Currently being processed in Suva, Fiji. Now we are nearing the 10 months mark and still no word on progress. We have tried every single way to contact our case officer to no avail. Now we are aware of the processing times. But I have just received my results from docs saying I suffer from Carpel tunnel syndrome in both wrist. Now my case the doc has said is severe and requires surgery. I currently live at home with my parents and our 3 kids. 2 go to school while the youngest is 20 months. I do everything! Cook, clean, take kids to school, look after my youngest. Unfortunately, due to my condition now, I have been put on strict rest. No heavy activity that involves bending the wrist and to wear wrist splinters in both hands.

Now my problem is, I dont know how I am suppose to do that, but I am in charge of everything at home. I am obviously in need of help at home. Both my parents work so cant rely on them. Do you think, if i can get a letter from my doctor along with all the evidence to prove how severe the carpel tunnel syndrome is, I can send that to the office that is processing my husbands visa to fast track it, as i am in serious need of help? Would that be eligable for compassionate circumstance? I have been told by my doc that there is a waiting list for the hand surgery and i will have to get both hands done, which will definately leave me helpless but i have kids especially a toddler to look after and don't know how I am suppose to get it done. I am in a lot of pain and have been told to wear splinters until i get to do surgery. Tried physio, but my hands have become so weak, she says too late for physio.

We've waited this long and have supplied all documentation but its gotten to the point, i am unable to care for my kids. Please would love some feedback.

Cheers


  #2 (permalink)  
Old 01-17-2015, 12:52 PM
EDT's Avatar
EDT EDT is offline
Senior Member
 
Join Date: Aug 2014
Posts: 563
Users Flag! From australia

161 likes received
Quote:
Originally Posted by Gauisa10 View Post
Hi ya'll,

I am an australian citizen who is married to a samoan citizen. We have applied for his partner visa 309/100 27/03/2014. Currently being processed in Suva, Fiji. Now we are nearing the 10 months mark and still no word on progress. We have tried every single way to contact our case officer to no avail. Now we are aware of the processing times. But I have just received my results from docs saying I suffer from Carpel tunnel syndrome in both wrist. Now my case the doc has said is severe and requires surgery. I currently live at home with my parents and our 3 kids. 2 go to school while the youngest is 20 months. I do everything! Cook, clean, take kids to school, look after my youngest. Unfortunately, due to my condition now, I have been put on strict rest. No heavy activity that involves bending the wrist and to wear wrist splinters in both hands.

Now my problem is, I dont know how I am suppose to do that, but I am in charge of everything at home. I am obviously in need of help at home. Both my parents work so cant rely on them. Do you think, if i can get a letter from my doctor along with all the evidence to prove how severe the carpel tunnel syndrome is, I can send that to the office that is processing my husbands visa to fast track it, as i am in serious need of help? Would that be eligable for compassionate circumstance? I have been told by my doc that there is a waiting list for the hand surgery and i will have to get both hands done, which will definately leave me helpless but i have kids especially a toddler to look after and don't know how I am suppose to get it done. I am in a lot of pain and have been told to wear splinters until i get to do surgery. Tried physio, but my hands have become so weak, she says too late for physio.

We've waited this long and have supplied all documentation but its gotten to the point, i am unable to care for my kids. Please would love some feedback.

Cheers

I will personally say to give it a go . If you don't try you will never know . I suggest you ask you doctor to write a detail report with backup evidence . The doctor has to explain in full what u can't and cannot do

__________________
Visa: Subclass 309/100
Applied: Australian Embassy in Madrid
Lodged: June 5, 2014
Medicals and finger prints: supplied 3 weeks later after lodging applicafion
Case Officer Allocation: straight away
309 Grant Date: 23/01/2015
Arrival in Australia: 24 April 2015
Visa Subclass 100: submitted May 2016
Visa subclass 100 grant : 19 October 2017
Citizenship eligibility: 24 April 2019

  #3 (permalink)  
Old 01-18-2015, 09:09 AM
Active Member
 
Join Date: Nov 2014
Posts: 22
Users Flag! From australia

2 likes received
2 likes given
Quote:
Originally Posted by EDT View Post
I will personally say to give it a go . If you don't try you will never know . I suggest you ask you doctor to write a detail report with backup evidence . The doctor has to explain in full what u can't and cannot do
Thank you for replying. I appreciate the advice. I agree with you but now I am a bit hesitant as my aunt told me to be careful as it might actually look bad as I am the sponsor and I am suppose to be financially supporting him. Its true i am the sponsor but I had made it clear on my application that because I am not working due to caring for my youngest and because I live with my parents who both did stat decs as well as my sister to financially support him and in any means possible. Before that I had a fulltime worker 4 years. I am suppose to be going back to work mid this year but now due to the conditions of my hands, I have been told to not thinking bout going back to work til sometime next year but light duties.

Will it affect the application once they AHC will see i will be off work and not financially supporting him? I'm worried now but I really do need help in taking care of things here now.


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 01-18-2015, 09:48 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4421 likes received
6268 likes given
No, it's not going to effect anything as long as HE is able to work once he gets to Australia and usually works and supports himself. They care that you can support yourselves/each other - if he can work, and you've provided stat decs from family saying they'll support you financially should you need it, you have nothing to worry about. I would give it a try. If you were earlier on in your application processing I wouldn't think you had much chance, but since it's already been 10 months, it might be worth a go as even if they don't speed it up, per se, it may just nudge them and they may go ahead and grant it.

I don't *think* Samoans are subject to external security checks, by the way - but if they are, it would be an entirely different matter as they have no control over how long those take and have no way to speed them up.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #5 (permalink)  
Old 01-20-2015, 02:38 AM
Active Member
 
Join Date: Nov 2014
Posts: 22
Users Flag! From australia

2 likes received
2 likes given
Quote:
Originally Posted by CollegeGirl View Post
No, it's not going to effect anything as long as HE is able to work once he gets to Australia and usually works and supports himself. They care that you can support yourselves/each other - if he can work, and you've provided stat decs from family saying they'll support you financially should you need it, you have nothing to worry about. I would give it a try. If you were earlier on in your application processing I wouldn't think you had much chance, but since it's already been 10 months, it might be worth a go as even if they don't speed it up, per se, it may just nudge them and they may go ahead and grant it.

I don't *think* Samoans are subject to external security checks, by the way - but if they are, it would be an entirely different matter as they have no control over how long those take and have no way to speed them up.
Thanks CollegeGirl. Yeh i will definately give it a go. I got a letter from my GP to confirm what I have and also evidence as in ultrasound and EMG results that also confirm my condition and how severe it is. I am jsut not sure on whether to fax it through to AHC or email it through. They generally prefer email, but I have been emailing them since NOvember and not once have they replied back.

Also just a quick question, is it possible to be granted a visitor visa to come and witness the birth of your child, but you haven't applied for a partner visa?? I have just found out, that a friend of mine whom is married to a samoan citizen, had her husbands visitor visa granted to come witness the birth of their child, but they have NOT applied for a partner visa. I'm just frustrated because I too tried to do that with my husband back in 2013 but was refused because of the basis we were married and will most like he will not go back. So i don't understand why HE was granted when ours wasn't. He's in the same situation as my husband. Just annoys me that some people get it easy while who follow by the book are those that have to wait longer..

Anyways, thank you both for responding to my query. I really appriciate

God Bless


  #6 (permalink)  
Old 01-20-2015, 04:59 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4421 likes received
6268 likes given
Hey Gaia - I actually don't know what your chances would be for a visitor visa. It could be that they provided more evidence that he had reason to return to his home country, but there's no way to know. It wouldn't hurt to at least try for a visitor visa, if you can stand to lose the money if it's rejected. It won't hurt your partner visa application at all. You might want to read some of the threads on the forum about visitor visas from high-risk countries - there's lots of good info here on what you can provide to demonstrate that he has reason to return to his home country.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Compelling and Compassionate Grounds? SMC Visas and immigration 3 11-10-2014 12:54 AM
820 partner visa on Marriage grounds Indu9 Visas and immigration 54 09-09-2014 11:28 AM
820 partner visa on Marriage grounds Indu9 Visas and immigration 10 08-26-2014 12:17 PM
What are the grounds for cancellation of partner visa peanut1 Visas and immigration 3 09-01-2013 08:27 AM
Fast tracking visa on compassionate grounds Jarana Visas and immigration 2 09-17-2012 03:11 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 08:14 PM.




Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
AustraliaForum.com