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Please Help!!

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  #1 (permalink)  
Old 09-09-2015, 05:22 PM
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Please Help!!


My spouse and I are in an extremely difficult position, a position were we cannot afford a migration lawyer and we need to prepare documents ourselves for a Prospective Marriage visa. We need to preserve what savings we have. I am hoping the community could help.

I am an Australian citizen currently in Brazil, I have overstayed my tourist visa here and am unemployed. Overstaying my visa was not something I planned. But my*spouse is 3 months pregnant, she needs my support and I can't leave, I don't want to leave, the stress and uncertainly is impacting on us greatly.

My spouse is a lawyer in Brazil and currently not working and has found it difficult to find work, due to the economy in Brazil. Things are extremely difficult here, employment in the country is bleak. We have savings but not a lot.*

I have a child to my ex wife in Australia, I have had shared care for our daughter with my ex wife when we divorced for 6 years ago. I have not seen my daughter for one year and we are in constant contact and we are in desperate need to be reunited.

In August 2013 I met a US citizen in Australia, in a short time she became pregnant, due to the circumstances our brief relationship didn't work out. Our daughter was born in Florida in Aug 2014, I was there for her birth, it an extremely heartbreaking situation. I have made my ex spouse from the US regular payments and contributed to our daughters well being. I keep in touch via email with my ex, get updates of our daughter and photo's of her growing. I feel so much guilt for our daughter due to getting pregnant in such a short time and the circumstances.

While in the US at the time, I met my Brazilian spouse who was on a tourist in the US as well, we have now been together just over 1 year. We have a loving relationship and are committed to one another for the future. We are desperate to move to Australia, especially now we are expecting a baby. Her pregnancy was unplanned and very unexpected.*

The prospect of having three children in three different countries is unimaginable. I'm sure people will say how irresponsible. I never imagined being in a position like this. We are trying to remain positive but it's extremely difficult. The most challenging times in both of our lives. My spouse has had bikinis designed to sell throughout Rio de Janeiro over summer, so we are hoping financially things will improve a little soon.

For us going through the paperwork and checklist of documents we need to provide is clear and for my documents that need to be certified, we will need to travel 6 hours for these documents to do this, which we are more than happy to do this and needs to be done.*

Going through the forms on 47SP Character - question 72
Questions right down the bottom of the page. 'have you overstayed' Yes, we will need to provide information regarding that and our positions. But directly under that 'have you had any outstanding debts to the government' Yes and I still do. Which really concerns us and potentially jeopardize any chance or compassionate grounds we may have.

Prior to leaving the US I closed a business, while owning a business, I owed $4700 in overdue Super. I paid this at the end of 2013 and have bank statements to support this. I had sent proof to my accountant at the time. Thinking it had been resolved prior to leaving for the US, the ATO garnished $9000 this year from my bank account, the amount I assume is a fine as well. This is incredibly frustrating as I had paid the amount owing and I cannot sort it out until I return home.

Also I have been contacted by child support recently stating I owe money to them. I need to call them and explain my situation again. *I have been assessed to be earning 47K per annum, even though prior to leaving for the US I had contacted them, I had informed them I wasn't working and was leaving for the US for the birth of my daughter. I have been making regular payments personally to my ex wife since I left Australia. I've had money garnished from bank account as well by Child support, I informed Child Support I have been making payments to my ex wife personally for my daughter in Australia and have emails of proof and bank statements.*

I now have no more money in my bank account in Australia. The only money I have now is in Brazil and any payments I make to my daughters is through Western Union.

We will put our applications in as soon as we gather all the relevant information. We hold out hope that due to compassionate grounds and hardship due to our personal circumstances.*

I am missing my daughters in Australia and US, family and friends back home so much and the strain for my spouse and myself is great. I just want to return home with my spouse and unborn child, see my daughter, gain employment as soon as I'm home and getting life back on track.

I can understand immigration having doubts about our situation, we don't want to be a drain on the system in Australia or receive handouts from the government. We just want to be given an opportunity to raise our child and be part of my daughters life again, my daughter to be reunited with her father, be part of her siblings life and be part of my families lives in Australia. To contribute to society within Australia, achieve our goals and passions.

I hope someone can help us, in regards to advice or can suggestions you can share that may help our personal circumstances.

Kind Regards


  #2 (permalink)  
Old 09-09-2015, 09:30 PM
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Wow, that is one very complicated situation! Unfortunately it really does sound like you need to consult a migration agent to get some advice and support.

I understand that you don't want to leave your partner, most of us know how hard being apart can be but I think you need to think about coming back to Australia and perhaps finding a job. You have overstayed your visa, you are unemployed and your finances aren't great over there, now is the time to start thinking of your future and how you will continue to support your soon to be 3 children.

Have you looked into the costs of the actual visas too?

I am sorry that I am not much help.

Visa: PMV
Nationality: Australian/U.S.
Applied: Online
Application Date: 31 December 2014
Police Checks: Completed 5/6/15
Medicals: Completed 27/5/15
VISA GRANTED: 1/7/15!!! Yay!!
PMV to 820:
Application date: 28/3/16
Visa Granted: 11/4/16

  #3 (permalink)  
Old 09-09-2015, 10:17 PM
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Form 47SP is for the applicant, so the question regarding overstaying a visa applies to her, not to you.

Form 40SP is for the sponsor and does ask about debts to the government. If you've repaid or are repaying them, you can provide those details.

186 visa - Temporary Residence Transition stream
Granted Dec 2013

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  #4 (permalink)  
Old 09-10-2015, 12:21 AM
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Originally Posted by Maggie-May24 View Post
Form 47SP is for the applicant, so the question regarding overstaying a visa applies to her, not to you.

Form 40SP is for the sponsor and does ask about debts to the government. If you've repaid or are repaying them, you can provide those details.
Re Form 40SP the question re Debts only applies if the sponsor is a New Zealand Citizen, Australian Citizens do not have to answer that section. It tells you to move to next part of the form.

  #5 (permalink)  
Old 09-10-2015, 12:23 AM
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I think your situation is way too complicated to be dealt with on a public forum.

You start by saying that you can't afford professional advice. Just keep in mind that free or cheap advice is often not good advice.

Considering the cost of application fees, medicals, police certificates, travel etc. could exceed $ 8000.00, the cost of paying a registered migration agent is fairly minor and may be the best investment you ever make.

Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

  #6 (permalink)  
Old 09-10-2015, 03:01 AM
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That seems like the most complicated story I've read so far......Honestly if you can't afford having a RMA maybe the cost of this visa would be a lot for you as well. Nobody wants to be apart from their partner but sometimes in order to make future better you have to make hard decisions in your life.

Sorry couldn't help much on your case . But maybe go home first, try to get a job and sort out financial issues, engage a RMA at the same time while preparing for the application, that sounds more like an option from my perspective.

Gook lucky anyway!!

  #7 (permalink)  
Old 09-10-2015, 03:58 AM
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With no money and no job, do you have sufficient to do the sponsor part of the application?

Visa Route: 600/300/600/820/801 PMV to PR 44 months.
Full Timeline:

  #8 (permalink)  
Old 09-10-2015, 05:24 AM
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Posts: 161
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Honestly it sounds like you need to return to Australia and get your finances in check. Your current girlfriend probably won't like it but it's time to take some responsibility and get things sorted properly. How would you be if you spent the money on the visa and it was rejected?

I also strongly advise that you take responsibility for your own reproductive health.

syd likes this.


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