Help me get my Gf home... Am I in for a painful road ahead?

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Help me get my Gf home... Am I in for a painful road ahead?


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Old 08-08-2011, 01:02 PM
Zac Zac is offline
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Exclamation Help me get my Gf home... Am I in for a painful road ahead?

Hi Guys,

First of all, Thank you for anyone who reads this thread in entirety, and has the decency not to leave a negative comment due to the nature of the problem.
Please also know any help or guidance, is greatly appreciated. It's a long story! but bare with me.


My Girlfriend is a Scottish national, she left Scotland roughly 2 years ago to Australia on a 1 year working visa, she was in the country for roughly 7 months prior to her and I meeting.

She applied for a job at my work at an Irish bar I ran, as a bartender. Shortly after starting at My workplace, We starting seeing each other, she was living above the workplace in accommodation, and after a month of us seeing each other, I offered her to move into my room (in a house I was renting a short drive from work) - I did this because the accommodation was pretty ratty and backpacker orientated, and she was spending most nights at my house anyway.

Ok, so at this stage of ***** moving in, she had been in the country for 8 months. we lived together roughly 3 months, in this time, the discussion was had, that her then current 1 year was almost up. Her plan was to leave Australia and continue her travels in New Zealand.

This is where I understand rules have been broken, but please try to understand the situation. Being that we worked in an Irish bar, Visa and Immigration is talked about quite often, and it became apparent a large number of people knew of, or had Forged their "3 months farm work" to become eligible for their 1 year extension working visa.

We had grown extremely fond of one another and begun to consider this option. I didnt want her to leave, and she didn't want to leave. We were offered help, and took this helping hand.

Immediately, we were sent an email granting her a bridging visa, and 3-4 days later, another email granting her another 1 years visa.

We were over the moon, we continued working and living together for a further 3 months.

Until November 2010, it was my 24th birthday, and for a surprise present, ******* bought me a flights and accommodation paid trip to Bali, after purchasing this she was warned that she may be interviewed about her visa on re-entering Australia. It was not something she had considered when purchasing the gift, but was something that was coined unlikely by many.

we had an amazing trip in Bali, our flight home was re-directed thru Sydney, we entered immigration area, I went into the nationals returning home line, and that was the last I would see her for almost 2 months.

she was called aside upon presenting her passport, and interviewed for a total of 9 hours, All the while, I was waiting in Sydney arrivals, with no one letting me know what was happening. She couldn't answer her phone.

After 9 hours, I received a phone call from ******, she told me her visa had been cancelled. they had found out what had been done.

they wouldn't let us see each other, or allow me to get her bags to her, We were both devastated.

she was informed that her visa had been cancelled, (after filling out forms asking why she had committed the fraud - of which she had said for love and it seemed like the only choice at the time)

A lady was introduced at this time to console my Girlfriend, and informed her that although she had been given a 3 year ban from entering Australia, after we had been together for a period of 12 months, she would be eligible to apply for a defacto visa to re-enter Australia.

She was put on a flight back home to Scotland that night, and I had no choice but to buy a flight back home to Brisbane alone.

The next day, I put my car up for sale, let my workplace know I would be finishing up in the next month or so, and went about applying for my UK working visa.
Luckily my car sold almost instantly, however it was my pride and joy, And as soon as I had been approved for my UK working visa, I booked flights to Scotland.

On arrival, we lived at my Girlfriends parents house for roughly 1 month (traveled to France for a holiday in this time, but used her parents house as a base) after this time, we moved to London, which is where I currently rent a flat with her and work full time.

Life in London has been very hard, the cost of living here is hugely different, I managed to climb the ladder within my work place from glass collector to assistant manager in a short time, however, I have taken a 50% pay cut from Australia to London, an with the cost of living & renting, am finding it almost impossible to Save, let alone use this opportunity to travel.
My father has also been recently diagnosed with Cancer and my mother is not well either. this is why I am desperate to get home, but desperate to have my Girlfriend with me.

We have now can show proof of codependency/living together for a period that exceeds 12 months, and now that we have saved up, we were about to apply for her to re - enter Australia under a defacto visa.

HOWEVER.
A friend of a friend is an Immigration lawyer, and has told us, in her experience, we have little to 0 chance of our application being successful on initial application, and little at best chance of it best of it being approved once appealing that decision. In fact, she went on to say that there was extremely little chance of ******** entering Australia again, and that the only way she may have the slightest chance, is if we were to have a child, as the child would be an Australian Citizen. There is no way that I would bring a child into the world to better the chances of getting my GF to Australia.

this story is long enough, but please, anyone with experiences similar to mine, other lawyers that may frequent this site, people just with more of an education in this area than me PLEASE, im asking for your help, or if you know of somone that could help me. Please, I really am lost here, and need a hand!!

Australia Immigration say they will not comment on individual cases unless we have paid the application fee, but I don't want to pay the $2000 unless I know I've done all I can to better my application.

again, i appreciate your time!
Zac


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Old 08-08-2011, 02:24 PM
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Zac,

I can't offer you any advice... I'm really sorry and I hope that seeing a reply doesn't get your hopes up. I just wanted to say that I am really sorry for you and your girlfriend. Separation is bad enough but unexpected separation where you have no plans of seeing one another again is the worst. I thought she was only banned for three years though... why wouldn't she be allowed in Australia ever again? I can understand how it is tempting to take a short-cut through the red tape but I think in the long run you will only ever end up cheating yourself. I'm really sorry that you had to find this out first-hand. I hope other posters can be more helpful. I just wanted to let you know that we're not really here to judge but to help (when possible).The best of luck to you both and of course, your ill parents.

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Old 08-08-2011, 02:50 PM
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.......i got kind of teary eyed reading that. what you've been through and are continuing to go through is horrible and i really wish i could help, but i'm afraid i'm no expert on Aussie visas or immigration either. all i can offer is my opinion.

i agree with miniature.moose, why would that immigration lawyer say that your gf may never get into Australia again without having a baby? i find that ridiculous. i also don't agree with what that person said about her having such little chance of with a visa application/appeal. your gf is far from the first or the last person to have done what she did and later apply for a PR visa. in fact, i'm pretty sure that i've read a thread by a person in a similar situation (got caught forging a 2nd WHV but still applied for a partner visa).... maybe you should try searching the forum as i don't remember how that person's application turned out. i have also seen threads by people who have been blacklisted for various other reasons but who still applied for a PR visa.

i really do believe that your gf has a chance at getting a partner visa application approved, although as i said, i'm no expert. perhaps you should consult another immigration lawyer or migration agent and get a second opinion.

i'm really sorry that i couldn't help more and i wish you both and your family the best.

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Old 08-08-2011, 02:56 PM
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The 3 year ban does not apply for partner visa applications. This has been discussed on other threads and is also referred to in the Partner Migration Booklet, which should really be your first reference point.

I don't condone what you and your partner have done, but wish you luck in negotiating a positive long term outcome. If you're going to survive the visa process, you must above all be patient and acknowledge that with short term sacrifices come long term rewards.

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Old 08-08-2011, 02:58 PM
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Nightstar is right, thanks for jogging my memory! There was someone else who posted about a very similar situation very recently (in the past week I think). His gf was caught out for not actually completing the rural work and they were applying for a waiver of the three-year ban. I really have no idea what the thread amounted to but maybe you can find the thread on here... unfortunately I can't remember the particulars. Maybe it will give you some useful info... if you can locate it. I'll link it to this thread if I stumble across it again (will keep an eye out)


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Old 08-08-2011, 02:59 PM
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This was a really sad post to read. Please keep updating with any advances you make, they might help people in a similar situation in the future. I wish I was an immigration expert so I could give you proper help! I also recommend finding another immigration expert who can help you, hopefully the money will be worth it.

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Old 08-08-2011, 04:52 PM
Zac Zac is offline
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Quote:
Originally Posted by missmullen View Post
The 3 year ban does not apply for partner visa applications. This has been discussed on other threads and is also referred to in the Partner Migration Booklet, which should really be your first reference point.

I don't condone what you and your partner have done, but wish you luck in negotiating a positive long term outcome. If you're going to survive the visa process, you must above all be patient and acknowledge that with short term sacrifices come long term rewards.
Sorry, I should have mentioned above that I was aware that the ban was not preventing her from applying as a defacto, and I don't want to come across that I have done no research before posting, but as I am sure that some will agree, sometimes the information can be ambiguous, not relevant to my case or difficult to understand.

The immigration lawyer I spoke to said that "Australia take a very Dim view on fraud" and would basically use that as grounds to deny any applications we make.

I appreciate that you don't condone what we have done, however, I don't think unless you were given the circumstances, you can comment on what you would have done.

I want to say thanks to everyone for being super friendly It makes me miss home hugely! I have contacted another immigration lawyer, in hope for a 2nd opinion, but in the mean time, if anyone! has anything to add, please feel free too, even if anyone knows of anyone I should contact. I really am lost.

I am looking at the possibility of having to move back home by myself to get a job to pay for a lawyer, however, I think this will work against our case, being that we wouldn't be living together.
just need a win at the moment!

thanks again for everyone's kind words.
ill be checking this thread every few hours haha.
Zac.

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Old 08-08-2011, 11:44 PM
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Quote:
Originally Posted by Zac View Post
I appreciate that you don't condone what we have done, however, I don't think unless you were given the circumstances, you can comment on what you would have done.
Please do not presume that I don't know what you are going through. Everyone here has an equally if not moreso heartbreaking story to tell. Separation from your loved one is, unfortunately, an inevitable thing when you are in a long distance relationship, and I say this with no disrespect, but the sooner you accept that the better.

Anyway, in relation to your problem, if I were you I would be seeking a second opinion from an Immigration lawyer. I would also be seeking advice from the DIAC directly. Of course you are eligible to apply within the 3 year ban, but unfortunately lying about rural work does reflect badly on your partner's character, which is an element they assess as part of the partner visa.


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Old 08-09-2011, 12:09 AM
Zac Zac is offline
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I didnt mean to come across that I presumed you didn't know what we were going thru, but we had our reasons, shes not a criminal, but i believe has been treated as one, i apologize if i come across touchy, but this is an extremely touchy subject.
as for her character, she is a disabled care worker, specializing in autistic children, she is hardly a low member of society, that's why it hurts.. I am quite aware part of a long distance relationship is separation. what i am inquiring about is if its likely she will ever be let back to Australia, as, as stated, i was told her chances were slim to none.

Also, I am aware I am nothing special in the way of a sad story, And i don't claim to be. I know there are much worse stories out there, I was in no way trying to down play others situations or add priority to mine.

Sorry, i may have snapped, i just didnt see "i dont condone your actions" as being constructive. but thanks anyway.

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Old 08-09-2011, 12:38 AM
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I'm sorry to hear what you've gone through. As other posters have said, I would at least consult another lawyer or migration agent to find out which road you can go down to get her to Australia.

If you're serious about each other, you could consider a prospective marriage visa. This doesn't require the 12 months living together of a de facto visa, though you still have to show a comittement to a shared life together. Or, you could get married and apply as a married couple, but I'm certainly not advocating marriage simply as a way to get a visa.

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