3 year ban , pregnant !! help!!!

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3 year ban , pregnant !! help!!!


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Old 05-19-2016, 02:22 PM
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3 year ban , pregnant !! help!!!

Hi !
ANYONE KNOW ANYTHING ABOUT GETTING A BAN WAVIER !!

quick version of our story :
- my partner was given a 3 year ban for over staying his working holiday visa he went to immi him self and went on a bridging visa D then E
-left Australia on Bridging visa E
- We left Aus together to go to Europe for 3 years
- first month away got engaged
- a week later find out im 7 weeks pregnant (now 9)
-we do not have enough evidence for a partner visa , we havnt been together over 6 months and because as until a month ago we thought he was going to be here for 4 years being sponsored we didnt keep ANY evidence of our relationship.

longer version

Im an Australian and my fiancée is from Estonia. He was here on a working holiday visa , when he was offered a sponsorship. He did all that he needed to do for his employers to sponsor him (English test, translating documents ect ) they kept having excuses as to why it was taking so long. He thought they started lodging it in January but by March they hadnt done anything (still offering sponsorship) he accidentaly overstayed his visa during this time , 38 days in total .He went to immigration and they put him on a bridging visa D so the employers had more time to lodge the paperwork . On the last day of this visa his employers said they couldn't actually sponsor him . So we left together on his bridging visa E planning to go working/travailing for a few years. At the immigration security part of the Airport they told us he would have a 3 Year ban but we have not been contacted or seen anything official although we know he most likely would have one . We got engaged and Planned on getting married later this year . I found out i was already 7 weeks pregnant when we where in Bali so i have since flown home (Aus) to try figure something out and save. His now in Greece doing the same . We know we have a couple visa options but they all take longer then the 7 months i have left until our child will be born . We both want to be together for this i really want to be in Australia as i can do it in a public hospital and i feel its best for me and our child in case something goes wrong .Do anyone have ANY information on getting ban wavier i have spoken to a few agents but they try push for the other visas that will take to much time and cost ALOT to do them threw an agency. None of them have provided me with any information on how to do it i know there is no garentee of it working but i know that if the ban is going to effect and Australian in a compassionate circumstance such as pregnancy they would consider lifting the ban ?even the agents tell me that but they never help ahah
sorry its such a long post
just wondering if anyone has done this before and how long it would take. I know it would be tricky but we are willing to to anything to be together !!!
even an agent that helped you wavier your ban !
Any information would be appreciated
we thank you so much


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Old 05-19-2016, 08:43 PM
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There is no exclusion period for partner visas under the circumstances you describe. What other visas could he realistically apply for? I don't think the agents you have spoken to are trying to " push'" for anything. They are just being realistic. If you have already consulted with several agents, what advice do you expect to get here?

www.ausvisa.net.au

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Last edited by CCMS; 05-19-2016 at 08:46 PM.

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Old 05-19-2016, 10:02 PM
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Your best option is probably a partner visa, but without much evidence and being apart, you're facing an uphill battle for that. As well, they typically take much longer than 7 months. There's no getting around that, so you may need to prepare yourself for the options that you give birth in Australia without your partner with you, or you give birth overseas with your partner by your side.

Due to his experience of overstaying a visa, he'd be unlikely to get any type of visitor visa.

As Nick said, you've already spoken to some agents and any others would likely give you similar advice. They're offering their professional advice on what are your best options to successfully get a visa, which may not be the options you would prefer.

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Old 05-20-2016, 08:44 AM
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I was just asking on here incase by chance somone had done a wavier in a similar situation ... On all the offical websites it says if the ban is going to effect an Australian citizin eg they are pregnant or sick that they would consider to lift the ban .. I know its kinda a shot in the dark but if you never ask you never know .. �� kind desperate. Right now as I'm sure most people in a situation would be feeling , the kinda advice I was hoping for was somome by chance having successfully achived a waiver in our situation .. Thought it was worth a shot


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Old 05-20-2016, 09:36 AM
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Quote:
Originally Posted by aussieneedshelp View Post
I was just asking on here incase by chance somone had done a wavier in a similar situation ... On all the offical websites it says if the ban is going to effect an Australian citizin eg they are pregnant or sick that they would consider to lift the ban .. I know its kinda a shot in the dark but if you never ask you never know .. ?003f003f?003f003f kind desperate. Right now as I'm sure most people in a situation would be feeling , the kinda advice I was hoping for was somome by chance having successfully achived a waiver in our situation .. Thought it was worth a shot
You can't really rely on what may or may not have worked for someone else. If you want to apply for a waiver in regards to whatever visa you want to apply for, which may be affected by an exclusion period , then the reasons for the waiver need to be addressed in a thorough and well- reasoned manner, based on your individual circumstances. That requires a lot of research and the ability to properly argue your case, backed up by relevant evidence. It's not a copy and paste job.

www.ausvisa.net.au

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Old 05-20-2016, 04:33 PM
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i wasn't going to rely on another persons out come i was just asking IF anyone knew anything about them ? i was asking for ADVICE.. no visa should be a copy and paste job.. and no where did i ask for something to copy , i thought this forum was to share success stories and ask for ADVICE .. i know they are complicated thats why i asked if anyone had done one. I looked everywhere but really didn't find much . I was generally just asking " if anyone has done this before and how long it would take. I know it would be tricky but we are willing to to anything to be together !!! "
i was asking for advice if there was someone out there that had done one , not asking for someone to do our visa ...
Any way i have found a different visa alternative and if all goes well he will be here just before the birth .. so fingers crossed


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Old 05-20-2016, 08:55 PM
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This forum is indeed a place for sharing experiences. However, contributors cannot legally give you migration advice, unless they are registered migration agents. Did you pay any of the agents you saw about how to obtain a waiver of the exclusion period?

My response wasn't directed at you personally, it was just a general observation. This business is rife with rumours and stories about how others have managed to overcome their particular issues. This information is often incorrect or not relevant, hence my warning.

Best of luck with the solution you have found.

www.ausvisa.net.au

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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.

Last edited by CCMS; 05-20-2016 at 09:00 PM.

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