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Old 12-13-2013, 04:17 AM
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Hi everyone,

I'm new to the forum and have read a lot of threads on here which has been very helpful

My wife and I have currently got a partner visa "being processed". We received confirmation that it was a "valid application."

We are not worried about our application and know it might still take a while. But....my wife was deported from Australia for breaching the no work condition on a 12 month holiday visa. As a condition of the visa we went overseas together after 3 months of her being in Australia, then customs went through her phone and saw that she had an appointment cleaning someones house and she was deported and put on a plane the next morning. We've married since.

Does anyone have any experience of being deported and then getting a visa application accepted afterward?

So far they asked for biometrics collection- I am assuming that the person who emailed us that is our case officer- although when we emailed her to confirm that they received the biometrics collection we heard nothing back.

We are really worried that although its stated that being deported should not effect their decision, it will take a lot longer than other applications.

Cheers


Last edited by spagz; 12-16-2013 at 08:14 AM.

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Old 12-13-2013, 04:34 AM
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Partner Visas applications are exempt from certain other bans.... I think you've been advised correctly. I don't think it will stop you from getting the visa, but it will probably take longer, as it should. They can no longer trust that you'll be honest with them and abide by the conditions they set. They have to be more careful.

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Visa #1: PMV (300) through Washington, D.C
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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.

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Old 12-15-2013, 01:14 PM
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Thanks for your reply. However why "should" it take longer?

If my wife is exempt and we have addressed the situation in the application and have put in a good application easily covering our relationship then there's no reason for it to take longer. It's clear cut as to why she was deported and we have no previous criminal convictions or any other reason to be seen as untrustworthy. Furthermore, I feel that your "as it should" comment is highly judgemental! We know we've made a mistake and are living with the consequences.

Spagz


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Old 12-15-2013, 02:29 PM
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Quote:
Originally Posted by spagz View Post
Thanks for your reply. However why "should" it take longer?

If my wife is exempt and we have addressed the situation in the application and have put in a good application easily covering our relationship then there's no reason for it to take longer. It's clear cut as to why she was deported and we have no previous criminal convictions or any other reason to be seen as untrustworthy. Furthermore, I feel that your "as it should" comment is highly judgemental! We know we've made a mistake and are living with the consequences.

Spagz

I am a newbie to this forum, but you have got to be kidding.

You, as a couple, have deliberately flaunted the law and, in turn raised a flag in regards to your honesty in your current application, and yet you claim that "as it should" is judgemental?

I mean, really??

You didn't make a mistake, you deliberately broke the law. Yet you believe that you should be treated the same as the rest of us who follow the letter of the law and wait patiently for a result.

Are you serious?

Forgive me for saying this, but I hope that your application is put on the bottom of a very large stack of applications.


Last edited by esl; 12-15-2013 at 02:32 PM.

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Old 12-15-2013, 02:35 PM
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Quote:
Originally Posted by spagz View Post
Thanks for your reply. However why "should" it take longer?

If my wife is exempt and we have addressed the situation in the application and have put in a good application easily covering our relationship then there's no reason for it to take longer. It's clear cut as to why she was deported and we have no previous criminal convictions or any other reason to be seen as untrustworthy. Furthermore, I feel that your "as it should" comment is highly judgemental! We know we've made a mistake and are living with the consequences.

Spagz
Collegegirl gave her reasons why it 'should' take longer. She breached her last visa so immi has to be extra careful. If it was anyone else they would be getting a 3 yr ban. So ur wife is getting it pretty easy if u ask me. And indonesia is a high risk country too so thats also why it takes longer

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Old 12-15-2013, 08:18 PM
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Originally Posted by esl View Post
I am a newbie to this forum, but you have got to be kidding.

You, as a couple, have deliberately flaunted the law and, in turn raised a flag in regards to your honesty in your current application, and yet you claim that "as it should" is judgemental?

I mean, really??

You didn't make a mistake, you deliberately broke the law. Yet you believe that you should be treated the same as the rest of us who follow the letter of the law and wait patiently for a result.

Are you serious?

Forgive me for saying this, but I hope that your application is put on the bottom of a very large stack of applications.
i agree,you know the rules,what you did really pisses australians off, i have no sympathy at all, bring in the honest ones i say, and leave the cheats out, if you had gotten away with it you would have cheated even more in some other way, i just can't be leave you want to come to a new country and you can't even be honest enough to live there, you are the type we dont need. it was not a mistake it was deliberate, what are you going to next. wake up or go back.

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Old 12-16-2013, 07:18 AM
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Sure my response to Collegegirl may have been unjustified in stating that it was judgemental but don't get too carried away.

My wife was in Australia on a working visa and was kicked by a horse and was injured trying to get her 3 months on a farm for her 2nd working visa. Because of the injury she couldnt pass the 3 months. She was then over here on a tourist visa and living with me so we could meet the 12 month requirements to apply for a de facto visa.

While she was here she got paid once to clean our neighbours house just to help her get over the boredom while I was working. Upon arrival back to Aus after a week overseas immi went through her phone and saw the message between herself and my neighbour arranging a time.

Yes she broke the law for breaking the visa conditions! We get that. I'm not trivialising the fact. And we definitely aren't asking for special consideration. I originally posted to see if anyone had any answers regarding what it means when immi state that an applicant is exempt from previous bans (yes Ozzy she is banned for 3 years except under partner visa application). Will it definitely take longer? Has anyone else had experience with it?

Don't assume that we are the kind of people who believe that if we can get away with something we will continue to "cheat even more in some way". Judge us as much as you want- just like everyone else in the same situation we are stuck waiting and can't make plans. I get that some of you may feel we deserve to wait longer. Fine. But I thought this forum was a little more open and may have been able to provide some answers based on experience, not berate us based upon your opinions of a situation you know very little of.

Oh an Eleanor- I am Australian, and I know what pisses Aussies off! I won't be going anywhere anytime soon. Let's hope we live on opposite corners of the country!!

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Last edited by spagz; 12-16-2013 at 08:14 AM.

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Old 12-16-2013, 08:40 AM
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How quick everyone is to condemn this couple. Think before u write and remember every story has its own complications and individuals. Are u perfect?? And also at the other side of the computers are real people, in the same boat, waiting to start life with the people they love.

After Spagz explained how it happened I could see how easy these things could happen. Immigration have even booted people for babysitting the neighbours kids.

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Agent: No│Case officer: Yes│820 visa granted: 22 July 2014│801 eligible date: March 2015

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Old 12-16-2013, 09:02 AM
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Originally Posted by amor e fé View Post
How quick everyone is to condemn this couple. Think before u write and remember every story has its own complications and individuals. Are u perfect?? And also at the other side of the computers are real people, in the same boat, waiting to start life with the people they love.

After Spagz explained how it happened I could see how easy these things could happen. Immigration have even booted people for babysitting the neighbours kids.

Thanks amor e fé I appreciate it!


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Old 12-16-2013, 09:17 AM
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spags, i am truly sorry for saying what i did this morning, and as soon as i said it i was ashamed of my self, and be leave me i am not one to judge, i tried to take down what i said ,but didn't know how to, so i sent an email to the person that runs this forum and asked if they could take my comments down but they have not done it yet, please for for give me ,i am so sorry and feel very bad now, truly, i am sorry we may live on opposite sides of the country,because i would like to apologise in person , what more can i say, i am really very sorry.


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