How Much Is A Visa Worth?

A prospective client contacted me several months ago. His Filipino wife was in Australia on a visitor visa (subclass 676 tourist visa), which had a “no further stay” condition attached to it. This condition prevents a visa holder from applying for multiple temporary or permanent visas while they are in Australia. 'No Further Stay' conditions include 8503, 8534 and 8535.

These are often applied to visa grants from Third World countries if the visa holder is considered a flight risk. In other words, they might continue to stay in Australia without the proper visa. This prevents the applicant from making another application for a visa while they are in Australia.

With this type of visa and condition, the man’s wife now had to leave the country before her subclass 676 tourist visa expired. The problem for them was the she was pregnant and was having some problems with her health, and her doctor did not want her to travel.

She had to leave before the baby was due, but it would be dangerous for her and her unborn child. This was a very stressful situation for this couple to say the least. Nevertheless, what can she do? It is possible to apply for a waiver of the 8503, if there are compelling and compassionate circumstances.

However, Australian immigration authorities rarely grant waivers, especially if the application is done improperly or poorly. Down Under Visa has had success with 8503 waivers before, and we believed that we could help this woman stay in Australia.  

Free Advice?

Apparently, when this bloke contacted me he was just looking for some free advice, because he wanted to apply for the waiver by himself. He sent me a copy of the cover letter he had written, and I told him frankly, that he needed professional help.

I have yet to hear back from him.

There are two things that I find disturbing about this man’s actions. Most importantly, why in God’s name would he endanger his wife’s migration status when getting the wavier was so crucial for her wellbeing and the baby? By trying to take on something that was clearly beyond him, he was considerably reducing their chance of success, as waivers are rarely granted, as I said before.

Australian Migration Law is a specialist area. Wouldn’t it make more sense to enlist the aid of an expert and increase your chance of success? Down Under Visa has actually had several lawyers as clients, because they were intelligent enough to know when to use a specialist.

I can only think that he was just trying to save some money. Which is why I ask, “How much is a visa worth? What price do you put on keeping your wife out of immigration detention? I’d like to think that immigration wouldn’t do that, but they would be within their legal right to do so.

Alternatively, they could deport her and they would have to wait several years for a permanent partner visa, which could be refused. Either way, there is the possibility that they could be apart for years, with no certainty of ever being together in Australia. Is it really worth saving a little bit of money for that?

The second point I would like to make is that while we love helping folks, we are also running a business to earn a living. We’re not giving out a lot of information free, or we would be out of business. Although, out blog post will give you some general knowledge of the issues you have with getting a partner visa.

Down Under Visa is reasonably priced and worth much more than our professional fees. Please don’t hesitate to contact Jeff Harvie and Down Under Visa for any immigration to Australia issue you have. Don’t try to do something so important by yourself. Always insist on a Registered Migration Agent!

Client Illegally Overstays in Australia – Now Has Permanent Visa!

Down Under Visa was contacted by a woman who found herself in a very difficult situation. She was basically a victim of poor advice and poverty. When you are poor, family pressure and desperation can make you do things that you shouldn't do. This young woman made the mistake of visiting Australia intending to overstay her visa and work, so she could help her family.

When immigration caught on to her, she was banned for 3 years and had to return to the Philippines. Then, unbelievably, (or believably) her family told her to try again by getting a fake name and fake passport - and do the whole overstay thing again! Well guess what? The scheme worked! She made it back to Australia and overstayed her visa a second time!

This second time around she began a steady relationship with an Australian citizen and became pregnant. This was a real wake-up call when she realized that she could be discovered and sent back again. She would then be in danger of losing her new love and her baby.

Someone referred her to Down Under Visa after another migration agent had advised her to leave Australia and to apply offshore. It is a good thing that she didn't take that advice because if she had, the poor mom-to-be would have had almost zero chance of returning once she left the country.

Our solution was to prepare her application and wait until the baby was born. We knew that when a baby is born in Australia fathered by an Aussie dad, the child is automatically a citizen. When her baby came, the visa application was presented onshore in Australia. Down Under Visa was pretty sure that immigration would not deport a mother and separate her from her baby and its Australian father.

It was a long hard fight, but now this young lady has a permanent visa (Subclass 801) that lets her stay for as long as she wants. This was a great victory for our both our client and for Down Under Visa.

Getting fiancée visas, spouse visas, and de facto partner visa applications through is fairly easy for us, after all these years. This one we had to work especially hard for, but a challenge is something that we don’t shy away from and just makes us work even harder.

For those of you who would say she didn't deserve it because she was an “illegal alien,” remember, we are practitioners of Australian Migration Law, and we believe that all people are entitled to a strong legal defense so that they receive justice.

We never give up on a client. Now this client is able to enjoy the rest of her life with her little girl and her partner, secure in the fact that she won’t be deported again.

If we can battle through a long and difficult case like this one, just imagine what we can do for simpler visa cases where there are no unlawful immigration issues! If you need help getting your Filipina lady to Australia, legally, I know that we can help you!  

Down Under Visa

Migration “Advice” Forums - The DIY Path to

Being a Migration Agent, I sometimes visit internet forums. Very often I am appalled when I see the crazy advice that some people give who have 10% knowledge and 90% confidence. I used to try and correct their erroneous advice, but I have stopped since these 10%-experts will just argue with their 90% confidence that they are right.

The ones, who are asking for advice, are usually trying to save a bit of money by applying for the visas without the aid of a RMA (Registered Migration Agent) such as myself. These unfortunate blokes are most likely dicing with their future happiness. I am not saying that I am the only Migration Agent who can help; there are other qualified RMA’s.

When I see the wacky things men are being told to do or are doing on their own, I can see the nightmares they are making for themselves. They are at worst ruining their chances of getting their Filipino lady to Australia - or at the least adding extra years to their waiting time. This already can seem like ages because, of course, couples are anxious to start their new life together in Australia.

If you are visiting migration forums and taking advice from these ten-percenters, you should realize that it is ILLEGAL for non- RMA’s to hand out migration advice, whether it is on online forums or otherwise. Just like it is illegal for individuals to give legal or medical advice without the proper credentials, it is no different for migration amateurs.

If someone is lucky enough to get a visa through all by themselves, this does NOT mean that they are qualified to give advice to nameless people on a website. Just look at how many failures and sad stories you see when you visit an online Australian Migration forum. While I wouldn’t say never visit one, just think carefully before you gamble with the future security and happiness of you and your loved one.

Don’t take the advice of a complete stranger online who call themselves “weluvsfilipinaz,” and risk your future! If you are looking for a prospective marriage visa or a partner visa for your Filipina lady, our Down Under Visa family is here to offer you professional advice and help.