Monday, 9 February 2015

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!  

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