katsmajic

Devastated at the mo and really need some proper advice.

Mum came over on holiday,(shes had a few hols here) met a lovely retired chappie on one of them, fell in love n all that jazz, she stuck to her visa requirements and left every 3/6mths, once for 2weeks, but mainly for a cple of months...they decided they didnt want to be apart so....booked wedding for Oct 11 etc.
We sent them to Diac offices here in Adelaide to get paperwork and advice for the PMV 300, this was last Nov. They went back a couple of times for help filling in the forms, staff were very helpful etc...mum explained they were off to UK in March 11 on holiday and per her tourist visa expiring, was told not to bother with the PMV and to fill in news forms which the advisor gave to mum.
Mum didnt explain all this to me at the time, otherwise i'd have gone nuts at her - she just said she was able to lodge new visa in OZ and do medicals here, as the advisor had explained to her etc.
They went off to UK on hols for 5weeks, came back with mum on a bridging visa a.
The new paperwork they completed in the Diac office, with help from the advisor and that was read through and stamped by the advisor was the 820 visa!!!
They were not eligable for the visa, they didnt live together full time etc - which they told the advisor, the bf's pension would be halved if they lived together fulltime, so she split her time between his and ours....and at the time of lodging had not even been together for a year!!!


Suddenly mum gets a letter saying she doesnt meet the requirments for the visa, she has 28days to appeal or leave!
In this time Diac have moved their main offices to Perth, but we went to OZ house in Adelaide anyway, was told just put a letter in saying why you didnt live together, it'll be right.
That didnt sit well with me so we found a local agent - he advised as the wedding was booked go get married now, we'll appeal on compassionate grounds etc.
So we had the wedding ceremony last week, shotgun!
Filled in countless forms and returned to the agent - who is on holiday, one of his team has sent an email to mum saying she may as well withdraw the application, leave OZ, reapply and sit and wait for however long it takes to grant, if theyl grant, as they still wont be living together fulltime!?
Or appeal, pay more money, for the case to be one based on hearsay and accusing Diac of wrong doing.....
Mum has 6days left...
Any advice please????????????????

moneypenny20

All I think you can do is contact a really good agent who is very well versed in appeals. I'd suggest George Lombard. Your mum has obviously been given some really crap advice. Do you have all this history written down, proof of bad advice etc? I'd get everything down on paper now so that when you do deal with a good agent they'll have everything to go asap. Other than that I have no idea. Have your lives ever run smoothly and 'normally' hon?

Pollyana

Can't apply for a PMV onshore., but what she could've done was go home and apply for one.

Quite correct, without living together 12 months they can't get a de facto visa and 28 days to leave is the standard thing.

So they are now married, am I right?

Are they still within the 28 days?

If she's married she is now eligible for a Spouse Visa on the grounds that she is actually married to an Aussie. That means she doesn't need to prove the 12 months cohabitation. The good news is that its the same visa that has already been applied for. She'll need to supply DIAC with proof of the marriage - get onto the celebrant and make sure he/she has filed the official forms with the registrar's office as she needs the marriage cert from there, not anything she may have been given on the day.
Apply to the registrars office for a copy of the certificate.
And asap - before speaking to DIAC again - get hold of a good agent. I would recommend George Lombard. She needs to send Form 956 to DIAC removing her current agent from the application and appointing a new one before anyone else can work on her behalf, but I really think it would be worth it. George can help with that too if he knows she is engaging him instead of the other one. If she's still within the 28 days then she is still able to provide evidence for the visa decision to be reviewed - evidence of marriage for instance.

It ain't lost yet Good luck

katsmajic

Thank you - we got hold of an advisor, highly recommended one in UK, not the one mum had seen already over here in Adelaide who seems to have monkeys in the office.
The PMV was being applied for in UK in March, they got the forms here ready toi take back to UK on their holidays to lodge there, and went back to the Diac office in Adelaide to ask for help with some of the questions, and a helpful young girl told them they didnt need to leave the country blah blah...just fill these forms in instead and you can go upstairs for your medical....

We're gathering evidence of their relationship since Feb when they applied to now, as DIAC have the evidence from before then - & including the wedding cert and pics, and their hols to UK with both families, tickets from the theatre, rugby, a letter from the boss at the old folks home where they both volunteer etc...that with a timeline statement of the advice they have been given from DIAC counterstaff on 4 visits, their previously filled in copy of the PMV and an extensive letter, were hoping that will enable DIAC to grant the visa or the spouse visa, what ever they like really so long as mum can stay, her hub is in a state, panicing that mums leaving, its not doing either of them any good at all.

I appreciate you answering and your advice/help.

And no, not alot does go easily for us...just as we think its getting there its SLAP...the emigration rollercoaster is very long!

Pollyana

Sounds better
She can't get a PMV now as they are married, it'll have to be a Spouse Visa. good news that you have a decent agent on board now, so

SillyOldBag

Your initial post implies that they are still not living together full time even though they are now married? If that is the case that might seem a bit odd to DIAC especially if the reason is still because of your mum's husbands pension, it might call into question the genuine nature of the marriage.

Good luck with it - I can only imagine what a stressful time it is for you all.

katsmajic

They were spending 4 nights a week together, but mum helps us out with the kids and his pension would be halved before.
Now theyre married shes there fulltime, his pension isnt worth mentioning/no rent assistance etc, but theyl manage, they just didnt want to take that step until they had to - re being married...and when she gets permission to work so the financial impact wont hurt so hard - shes loathe to transfer her uk funds over as the exchange is so bad...and ultimately those funds and his super have to last them for the rest of their lives.

Feeling much more positive now. Thanks all xx

Pollyana

Now she's there full-time it will make a difference; new Stat Decs to explain everything, including the fact they are living together since the marriage, sharing bills etc, proof of the marriage, good agent on board....looking more hopeful for a straight-up Spouse Visa, on the grounds of marriage, not de facto

Good luck to them