309/100 visa & illness

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.

Like Tree3Likes

309/100 visa & illness


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 07-17-2013, 03:01 PM
Active Member
 
Join Date: May 2013
Posts: 49
Users Flag! From uk

21 likes received
2 likes given
309/100 visa & illness

Hi all,

My Australian girfriend & I are waiting for my 309/100 visa to be granted, we are currently living in the UK, we've got maybe seven or eight months of waiting time left (being hopeful).

I will try and be as brief as possible with my question. My girlfriend (the Australian/sponsor) is currently suffering from a chronic illness for the past six months. So far her GP//blood tests haven't identified anything clinically wrong with her, although she saw an ENT specialist not long ago who diagnosed her with menieres disease. The specialist has also arranged an MRI scan at the beginning of August as some of her symptoms don't match the diagnosis he's been given.

Long story short, she is at a point (depressed, talking about not wanting to live any more etc) and wants to go back to Australia to get back to (what we feel) is a better healthcare system, better weather, closer to her friends and family, which should hopefully aid in her recovery.

We have talked about going back together, while I wait for my visa to be approved, and then leaving the country (to NZ) to activate the visa.

However if the visa takes seven/eight months plus to be approved, I would not be able to support myself and could not expect my girlfriend and her parents to support me for this entire time (as I obviously couldn't work on a tourist visa).

I have suggested her going back to Australia on her own, finding her feet while I save up in the UK and wait for the visa to be approved but this has been met with an unimpressed response from my girlfriend.

My question is, would it be at all worth writing a letter/email to our CO and explain the situation and ask that the visa be processed sooner rather than later due to the circumstances. My initial thoughts are probably not; she isn't dying (to our knowledge), and I'm aware that there are people on this board that have spent 12 months and longer seperated from their loved one.

Sorry for the long-winded question, it wasn't very brief in the end!

Thanks

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #2 (permalink)  
Old 07-17-2013, 09:36 PM
Senior Member
 
Join Date: Jun 2012
Location: Sydney Australia
Posts: 277
Users Flag! From cambodia

45 likes received
6 likes given
Tough situation.....
Sounds like she needs to get back to her family & Australia rather quickly....

I would suggest that you have a good look at all your options again.
Q.
1/Is there some way that you could find more money to support your time in Australia? Relatives, friends, sell something?
2/ Is there a way that your gf parents could help support - e.g. live simply for a while?
3/How easy will it be for you to get work - do you have skills in demand?

The hurdle is funding the waiting period - so if you can overcome that you can go with the tourist visa.

I am concerned with asking your CO for exemptions - your gf is your sponsor and is expected to support you....not easy if you disclose she is ill....(is she unable to work???)


But - disclosing everything to the CO may be your only option to try for a faster approval and entry for you.....they do have compassionate and medical grounds to approve entry.

So - go through the options in detail again and make the best decision for both of you.

Good luck.

__________________


From the Kingdom of Cambodia to Australia.......

Last edited by robboat; 07-17-2013 at 09:40 PM.

  #3 (permalink)  
Old 07-17-2013, 10:55 PM
kmarees1986's Avatar
Senior Member
 
Join Date: Apr 2012
Location: Yeppoon, QLD
Posts: 531
Users Flag! From australia

227 likes received
210 likes given
Quote:
Originally Posted by robboat View Post
I am concerned with asking your CO for exemptions - your gf is your sponsor and is expected to support you....not easy if you disclose she is ill....(is she unable to work???)
Not strictly true Robbat, despite her being called a "sponsor". No longer do sponsors have a financial responsibility to support the applicant as the applicant will have working rights on the 309 visa - once approved of course.

It sounds like a tricky situation Neil. Your CO can excercise certain discretion in you have "compelling and compassionate" circumstances. The trouble is, their guidelines are not black and white. The only thing they really say is not compassionate and compelling is when the applicant or the sponsor is pregnant. We have seen people on here suffering from severe depression and anxiety and it still not faring well for them!

That's not to say that your CO won't be compassionate in this situation. You application is very recent so it still needs to go through many points before it can be approved, but you may be able to get it through slightly quicker. I would get your gf's current GP to write a letter saying that due to her medical condition and her current mental state, it is best that she returns to her home country to be closer to her family - with her partner. Being seperated from her partner may have an adverse affect on her health ect ect....Send it to the CO along with any other medical documetns and see what they say. All they can say is "no!".

I still think even if they can approve sooner you have a few months to wait still, which still leaves you in the predicament. I guess it's between you and your GF. There is no bridging visa for offshore applicants. You could always apply for a student or skilled working visa - which again can take a while to process. You either need to commit to being apart for a few months, or you need to do whatever it takes to support yourself in Australia. There are limited options unfortunatly.

CollegeGirl likes this.
__________________

Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 07-18-2013, 01:47 AM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
Unfortunately we've seen time and time again on this board that mental illness due to the separation is not seen as "compelling and compassionate" circumstances enough to speed things up. However - any chance you're under 31 and haven't had a WHV yet? I don't know if it's possible, but maybe you could wait it out on a WHV, which would allow you to work? Just something to look into if you're young enough.

kmarees1986 likes this.
__________________
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 07-18-2013, 04:00 PM
Active Member
 
Join Date: May 2013
Posts: 49
Users Flag! From uk

21 likes received
2 likes given
Hi all,

Thanks for all of your replies. In answer to your questions):

1/Is there some way that you could find more money to support your time in Australia? Relatives, friends, sell something?

No we don't really have any items that are worth anything, we have been living in three different countries for the past three years, so we've always been temporarily placed and thefore we haven't bought any valuable items.

2/ Is there a way that your gf parents could help support - e.g. live simply for a while?

Yes potentially but I can't expect them to put us up for seven-eight months rent free whilst not working. Would be nice to, but don't want to expect too much.

3/How easy will it be for you to get work - do you have skills in demand?

I work in office administration, not really skillful as such, I have at least one job prospect lined up when I return (my old job ha).

I have also used my one year WHV so wouldn't be able to re-apply for one of those. Incidentally I didn't do my three months working on a farm, otherwise I could've got my second year and then applied within Australia! D'oh.

Kmarees1986 - I would ask our GP to write a letter but it's our GP that is not helping us! In the last six months she has been to the Doctor's at least ten times, the last time she went she was in tears, asking to be referred to a psychologist to try and deal with the whole situation, and to be referred to a neurologists but her GP refused her request as she has already been given medication that she has to take for three months before they can do anything.

/Anyway/ I'm thinking from your responses that I probably shouldn't bother emailing the CO, it could be more trouble than it's worth. Thanks for your help in all this, and if you're all based in the UK I hope you're enjoying the warm weather

ozzy likes this.
__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #6 (permalink)  
Old 07-18-2013, 04:04 PM
CollegeGirl's Avatar
Moderator
 
Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

4424 likes received
6268 likes given
I'm a Yank. But the weather here is nice, too.

__________________
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.

  #7 (permalink)  
Old 07-18-2013, 04:26 PM
Senior Member
 
Join Date: May 2013
Posts: 71
Users Flag! From uk

29 likes received
14 likes given
Sorry to hear of your situation Neil. It sounds really tough.

If you GP won't help, you could try writing something yourself, much like your first post, and hope that a human being reads it. I guess you have to walk a fine line between it sounding like homesickness, but also not too bad or it looks like she is only returning for the medical cover.

But, it is a gamble I suppose. I would argue what harm could it do to ask.

It's strange, my partner (who shares your name) is applying in London, almost the same time as you, and I am ill and want to get home, but have to wait. Slightly strange co-incidental circumstances.

And I am loving the weather!

__________________

  #8 (permalink)  
Old 07-18-2013, 04:27 PM
Senior Member
 
Join Date: May 2013
Posts: 71
Users Flag! From uk

29 likes received
14 likes given
Neil, I notice you have done your medicals. Did you do them before the application? I have been asked to book them for September.

__________________

  #9 (permalink)  
Old 07-19-2013, 02:19 PM
Active Member
 
Join Date: May 2013
Posts: 49
Users Flag! From uk

21 likes received
2 likes given
Hi kmmr, sorry for the delay in responding, you're not called Katie are you?? And you're not heading back to Melbourne?? That would be very weird...

I sent my application off, and they sent an email response saying they'd received my application and that I need to provide my medicals. They didn't put a time frame on it.

Did you send yours off after the 1st July 2013?

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #10 (permalink)  
Old 07-19-2013, 03:24 PM
Senior Member
 
Join Date: May 2013
Posts: 71
Users Flag! From uk

29 likes received
14 likes given
Ummm.... well... Im kath... katherine - my Dad calls me Katie! Is Katie's name Katherine!?!

This is getting odd. Are you in fact my husband?

I lodged the application on 25 June. Thankfully, as I hadn't noticed the form changes! We have been told to get medicals after 25 September.

We did, however, get asked for additional info to get back to 3 years, and the CO has said we should be approved for a 100 visa based on the relationship history. She actually said we had passed the relationship test - told us within about 2 weeks of lodgement! But we will wait for medicals (for my husband) and then expect to get the visa in Feb/March next year.

My illness was noted on the stat decs (cancer, but in remission) so there is no urgency, but perhaps they noticed it and are being a bit nice.

__________________

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
Mental Illness and DSP S'n'E Visas and immigration 3 09-18-2012 02:14 PM
visa in case of partner's illness savigny73 Visas and immigration 0 04-14-2011 12:43 PM

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 01:59 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com