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457 Visa - Have pregnant Hungarian Wife and Crap lawyer - HELP !!!!

457 Visa - Have pregnant Hungarian Wife and Crap lawyer - HELP !!!!

Old Mar 16th 2002, 11:07 am
  #1  
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Location: Berkshire
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Default 457 Visa - Have pregnant Hungarian Wife and Crap lawyer - HELP !!!!

I am sure this would have been really simple if My Immigration Lawyer didnt confuse me so much ........

I'm due to leave UK for Aussie on the 26th having accepted a job from my parent company to head up our Asia + Oceania region managing from Australia to expand heavily in the region.

(currently I am in Sydney) but will be heading back to the UK in a day or 2 to collect the wife and kids so as I can travel with them.

Now the problem starts :-

My Wife is Hungarian and expecting our first baby in June.

She can't take the X-Ray for the 457 as the doctors we have spoken to back in the UK wont do it (Fair-nuff)

We are due to travel in less than 2 weeks and my lawyer has changed the tack at least half a dozen times in the last week as to how we should do this.

My wife seems to be at a huge disadvantage because not only is she hungarian, but pregnant as well !!

The latest advice seems to be to go to the embassy in London and get her a tourist visa then apply on shore after we've arrived.

Desperate for HELP :-(

I can't be the first person to be in this situation. Any advice ??

Dave.
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Old Mar 17th 2002, 4:05 am
  #2  
George Lombard
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Default Re: 457 Visa - Have pregnant Hungarian Wife and Crap lawyer - HELP !!!!

Hi Dave,

Life could be worse. You could have a crap wife and a pregnant Hungarian lawyer

Normally for a 457 you do need an x-ray. And getting her here as a Hungarian national
on a 457 without that x-ray is a problem. You could shorten the period of your
requested visa so that a medical would not be required for you, but Hungarians aren't
as healthy as the rest of us, so from memory (I'm not in the office as I write this)
she will still be required, "under policy", to do an x-ray. Your agent will have
tested that issue.

As far as getting a visitor visa so that she can apply onshore, this sounds like a
reasonable plan, and one which is used constantly by people from ETA eligible
countries. But as your wife isn't eligible for an ETA she needs to make a normal
visitor visa application, and DIMIA formally take the view that you can't enter on a
visitor's visa intending to apply for even temporary residence, so your agent will
need to negotiate with London or wherever to smooth the process. That's what we
would do

By the way, you mention that you are going back to collect the wife and kids, and in
another paragraph that you are expecting your first baby. I assume that "kids" refers
to children, either yours or hers, who have another parent. Do you have authority
from the other parent for them to go to Australia?

Cheers

George Lombard

www.austimmigration.com.au

TheSpeaker wrote in message <[email protected]>...
    >I am sure this would have been really simple if My Immigration Lawyer didnt confuse
    >me so much ........
    >
    >I'm due to leave UK for Aussie on the 26th having accepted a job from my parent
    >company to head up our Asia + Oceania region managing from Australia to expand
    >heavily in the region.
    >
    >(currently I am in Sydney) but will be heading back to the UK in a day or 2 to
    >collect the wife and kids so as I can travel with them.
    >
    >Now the problem starts :-
    >
    >My Wife is Hungarian and expecting our first baby in June.
    >
    >She can't take the X-Ray for the 457 as the doctors we have spoken to back in the UK
    >wont do it (Fair-nuff)
    >
    >We are due to travel in less than 2 weeks and my lawyer has changed the tack at
    >least half a dozen times in the last week as to how we should do this.
    >
    >My wife seems to be at a huge disadvantage because not only is she hungarian, but
    >pregnant as well !!
    >
    >The latest advice seems to be to go to the embassy in London and get her a tourist
    >visa then apply on shore after we've arrived.
    >
    >Desperate for HELP
    >
    >I can't be the first person to be in this situation. Any advice ??
    >
    >Dave.
    >
    >
    >
    >--
    >Posted via http://britishexpats.com
 
Old Mar 17th 2002, 7:35 am
  #3  
Jaj
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Posts: n/a
Default Re: 457 Visa - Have pregnant Hungarian Wife and Crap lawyer - HELP !!!!

You should be aware that even if the child is born in Australia, he/she will not be
an Australian citizen, as it's necessary to have at least one parent who is an Aus
citizen or PR to get Aus citizenship by birth in Australia.

Assuming you have British citizenship by virtue of your own birth or naturalisation
in the UK, the child would have British citizenship by descent automatically if
born in Australia. However, although this carries the exact same rights in the UK,
it means that British citizenship is not automatically passed on to the next
generation if also born outside the UK (even if the child subsequently lives for
many years in the UK).

Are you planning to get Australian PR, whether by Employer Nomination or the
skilled scheme?

Jeremy

    >On 16 Mar 2002 09:32:59 -0600, TheSpeaker <[email protected]> wrote:

    >I am sure this would have been really simple if My Immigration Lawyer didnt confuse
    >me so much ........
    >
    >I'm due to leave UK for Aussie on the 26th having accepted a job from my parent
    >company to head up our Asia + Oceania region managing from Australia to expand
    >heavily in the region.
    >
    >(currently I am in Sydney) but will be heading back to the UK in a day or 2 to
    >collect the wife and kids so as I can travel with them.
    >
    >Now the problem starts :-
    >
    >My Wife is Hungarian and expecting our first baby in June.
    >
    >She can't take the X-Ray for the 457 as the doctors we have spoken to back in the UK
    >wont do it (Fair-nuff)
    >
    >We are due to travel in less than 2 weeks and my lawyer has changed the tack at
    >least half a dozen times in the last week as to how we should do this.
    >
    >My wife seems to be at a huge disadvantage because not only is she hungarian, but
    >pregnant as well !!
    >
    >The latest advice seems to be to go to the embassy in London and get her a tourist
    >visa then apply on shore after we've arrived.
    >
    >Desperate for HELP
    >
    >I can't be the first person to be in this situation. Any advice ??
    >
    >Dave.
    >
    >
    >
    >--
    >Posted via http://britishexpats.com
 
Old Mar 17th 2002, 8:19 am
  #4  
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Default Re: 457 Visa - Have pregnant Hungarian Wife and Crap lawyer - HELP !!!!

Hi Jeremy,

Not actually worried about the baby having Aus citizenship.

Just worried about getting into the country on the 26th when the flights are booked for.

The visa is just a 457 - not even a residency.

I guess that part of the frustration is that I've chosen Aus as the place to locate our Asia HQ (Already have an office in Japan, Singapore and China) and aim to open Malaysia, HK and Korea this year.

I know that Aus is very keen on it being the central hub for corporates in Asia, but the truth of the matter is that If I am not there it won't happen. We only employ 2 Australians at the moment but there is a huge risk - especially because of some of the projects I am working on - that my own corporate HQ will simply say "We told you Singapore was better" and force my hand.

Of course it's very difficult, if not impossible to get this across without it sounding like I am having a pop and putting someone's back up at DIMA. I guess this is the last thing you want to do when applying for a visa.

At the end of the day, My wife's not going to be working, she's supported by me, it's a short term visa (457) and all she is going to do is spend my money and add to the ecconomy (That I know for sure :-)))))))))

It's just a dilema.

Whaddaya reckon ??
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Old Mar 18th 2002, 6:05 am
  #5  
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Joined: Feb 2002
Location: Australia
Posts: 153
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Default Re: 457 Visa - Have pregnant Hungarian Wife and Crap lawyer - HELP !!!!

Is not that harmful for 7 months pregnant woman to undertake a X-ray examination (she can wear a led-prone). X-rays induce mutations only when the fetus is not completely developed which is before the 3rd month of pregnancy. Contact a Hungarian doctor and ask for advice on this matter.
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