# Partner visa priority processing due to compelling and compassionate circumstances



## Ash123 (Jun 27, 2013)

Hello everyone,

My story is very complex, so please bear with me as I give you a run-down....



My husband is a defector from the Syrian Army (during this current civil war).

He's fled to Greece and is currently residing there illegally (after unsuccessfully attempting numerous times to apply for asylum).

We have a 21-month-old daughter.

My husband has NEVER met our daughter and has only ever seen her on skype and in pictures.

He has no strong ID and passport with him,

and for that reason was not allowed to provide consent for our daughter's passport application. My daughter was unable to obtain a passport and so I went to visit my husband in Greece WITHOUT our daughter.

In Greece I fell pregnant again. We applied for his partner visa, as well as a refugee visa.

I'm due to give birth on the 23rd of October!!! Our daughter's second birthday is on the 10th September!! Our 3 year anniversary is on the 26th September!!

I'm currently seeing a psychologist for antenatal depression because of our situation.

I've sent countess documentation is support of EVERYTHING I have just stated to the Australian embassy (in Berlin where the visa is being processed).

I've sent a letter outlining "compelling and compassionate circumstances"

I've contacted my local MP who has agreed that my situation is compelling and compassionate.

NOTHING IS BEING DONE!

(sorry for the caps)

My daughter has never met her father, I've been diagnosed with depression and I'm about to give birth without my husband by my side!


Please give me advice.... I feel like I've tried everything and done all that I can do... Is there anything else you would suggest?

Also, how long do you think it will take? The embassy isn't giving me any indication whatsoever! I feel like I'm walking through a dark tunnel not knowing how much longer until I see the light


They haven't even conducted interviews or requested medical checks yet and the visa applications were submitted in Feb 2013


----------



## kmarees1986 (Apr 23, 2012)

Ash123 said:


> Hello everyone,
> 
> My story is very complex, so please bear with me as I give you a run-down....
> 
> ...


Hi Ash,

Sorry to hear about your circumstances, I know how hard it is for you.

Having babies unfortunatly is not compelling nor compassionate reasons for visa's to be prioritised sadly. I know it hurts, but I am in the same situation in that aspect. It is stated on the immi website that they cannot use this reason to speed up the process for you, because it would be unfair to people who can't or don't want to have babies that are also going through the process: Family Migration - Questions and Answers on Processing Times



> Why isn't the impending birth of my child considered sufficiently compassionate and compelling to get the case finalised now?
> 
> We acknowledge that your personal circumstances may be difficult; however the nature of family migration is such that all cases have emotional or compassionate elements and a decision to bring forward the grant of your visa would disadvantage other applicants in circumstances which may be as equally compelling and compassionate as your own. Consequently, in the interest of fairness, applications are processed in date order.
> 
> ...


Sadly, your mental health also isn't compelling enough. There was recently a member on here who was suffering from depression and anxiety from memory and her partners visa was refused. I should point out it was refused as they didn't satisfy the relationship requirements according to the CO - so since you're married and have 1 child this is unlikley to be an issue for you.

I don't want to scare you at all, it's not to say that these two reasons put together won't allow your CO to have their own discretionary compassion, its just that these are not generally considered "compelling and compassionate" in the eyes of immigration. You can always send letters from your health professionals re: your pregnancy and health ect and it_ may_ make a difference, but just be prepared that it isn't something they have to consider.

In relation to your husband, I don't really know how it works, but if you can get a passport for him, can he come to Australia and claim asylum status when he arrives? I had a friend who travelled Iran and met somebody who was in some political trouble, he landed in Sydney and claimed Asylum on arrival and eventually got a visa working rights ect. It sounds like your husband would/should meet the requirements to claim asylum? Again don't know how/why/when it works to do things like that but maybe something for you to investigate.

Timeframes - so appying from Greece am I right in saying your application has gone to Berlin? Your husband is from a high risk country with complications with the application due to his current status...you're looking at upwards of 12 months for the partner visa.

I feel like I just sent you a load of bad news!! I don't know anything about refugee visa's but maybe somebody else has some more enlightening information.

Best wishes and I hope you and your unborn baby can cope with the stress x


----------



## Ash123 (Jun 27, 2013)

*no passport*

My husband has no passport and it is impossible for him to obtain one. He cannot go back to Syria as his life would be at great risk.

I've also tried inquiring about a tourist visa and because he doesn't have a passport, he is unable to apply for that as well!

In regards to the compelling and compassionate circumstances, it's not only that I'm going to have a baby soon, but also my depression and the fact that our daughter is almost 2 and has never met her father 

If that is not a compassionate and compelling enough reason then I don't know what is...


----------



## kmarees1986 (Apr 23, 2012)

Just to add to the above - I believe you would benefit from consulting a migration agent. Mark Northam is a member of this forum and may be able to offer some advice and services to you. Find him on here OR his email mark(at)mnvisa.com

I hear what you're saying...just out of curiousity - how is your husband going to come to Australia without a passport if he does recieve a visa?


----------



## kmarees1986 (Apr 23, 2012)

Ash123 said:


> *If that is not a compassionate and compelling enough reason then I don't know what is..*.


Its something many of us can't work out and is the topic of discussion on this forum all the time. Immi don't set out in black and white what is compassionate and compelling but they don't set out what isn't either so who knows what they consider "compassionate and compelling".


----------



## jmcd16 (Aug 5, 2012)

What about political asylum? There are visas for that, too. 

Definitely talk to an agent and explore ALL your options.


----------



## CollegeGirl (Nov 10, 2012)

Ash123 said:


> My husband has no passport and it is impossible for him to obtain one. He cannot go back to Syria as his life would be at great risk.
> 
> I've also tried inquiring about a tourist visa and because he doesn't have a passport, he is unable to apply for that as well!
> 
> ...


Actually, it's my understanding that even those are not "compelling and compassionate" enough for DIAC. They define that very narrowly. Basically, it's things like your partner being going through chemotherapy and needing care; your partner dying; a pregnancy diagnosed as high-risk... essentially we're talking about life-threatening circumstances, unfortunately.

The advice kmarees gave you is really good - I'd contact Mark Northam. If ever there was a case that needs professional help, it's yours.


----------



## chicken999 (May 2, 2013)

I agree. There are many pregnant applicants and kids who have not met their fathers on here and I'm sure a lot of us separated from our partners including me are on anti depressants. All this is usual sadly rather than unusual so they won't consider it. U have only just applied a few months ago. It's normal not to hear anything for a while. I didn't get a co or asked or medicals for 5 months.

But how did u provide id for your application?


----------



## GBP (Jun 1, 2013)

How to proceed if the applicant doesn't have a passport or an ID ?


----------



## CollegeGirl (Nov 10, 2012)

I honestly don't know how one would proceed with an application without a passport. This case involves asylum or humanitarian applications and that's not something we see much here so I don't know anything about them. That's why I suggested a migration agent. Could be the rules are different under these kinds of circumstances.


----------



## jmcd16 (Aug 5, 2012)

I believe you can sponsor him for a humanitarian visa. You should really talk to an agent.


----------



## kmarees1986 (Apr 23, 2012)

Can you approach the red cross or something to help obtain a passport for your husband without him having to return to Syria? I'm sure there are organisations that can help with this sort of thing...


----------



## Ash123 (Jun 27, 2013)

*passport*

"how is your husband going to come to Australia without a passport if he does recieve a visa?"

It is a question that I have asked so many times myself! And like all questions with the Australian immigration, I have never received a clear-cut answer. I never get answers from these people, just vague responses.

Also, yes my husband has applied for a humanitarian refugee visa. I have sponsored him for this one.

I don't know where he is going to have a visa stamped if he doesn't have a passport. I have no idea which agency issues travel documents in Greece. And because my husband has been unable to apply for asylum it makes it even more difficult.

I will contact the migration agent you have suggested and see what he has to say.

Thank you to everyone for all your responses.


----------



## kmarees1986 (Apr 23, 2012)

Hi Ash,

I was curious after I asked the question and did a bit of research. Not sure if it helps or not - but to enter Australia he may be able to come on another type of travel document if he can obtain one - the link for the outline of what documents are accepted is Travel Documents for Entry to Australia - Travelling to Australia - Border Security.

Best wishes and I hope that you get some good advice. Email [email protected] he is pretty quick at responding.


----------



## Ash123 (Jun 27, 2013)

Well, my husband had military ID, baptism certificates, our marriage certificate and this other form of Syrian ID called "kharaj qet" in Arabic


----------



## Nelly87 (Jul 3, 2011)

Is there any chance at all you can go live with _him_ somewhere instead so you can emotionally recover first? Your kids need their mum happy and their dad closeby  wherever that is - any other countries possible at all? Or even just where he is now?

I'm just blurting out the first thing that came to mind - I don't know if it's possible.


----------



## kmarees1986 (Apr 23, 2012)

Nelly87 said:


> Is there any chance at all you can go live with _him_ somewhere instead so you can emotionally recover first? Your kids need their mum happy and their dad closeby  wherever that is - any other countries possible at all? Or even just where he is now?
> 
> I'm just blurting out the first thing that came to mind - I don't know if it's possible.


Her daughter doesn't have a passport Nelly. Really is a tough and sad situation


----------



## Nelly87 (Jul 3, 2011)

kmarees1986 said:


> Her daughter doesn't have a passport Nelly. Really is a tough and sad situation


Ah I missed that, sorry!

Yes it is a heartbreaking situation. Just horrible... nobody should have to deal with such things and I really hope a migration agent can find a way for them to all reunite in time. Fear of a situation like this is exactly why my partner and I won't even consider children until everything is set in stone and safe - because I would not be able to do it without him near me. Imagining that just breaks my heart, so I can't even imagine how horrible it must be to live it.


----------



## Nunu (Dec 30, 2011)

I'm so sorry, your situation is a really tough one..
I also gave birth without my husband present and my 3 month old daughter hasn't met her father yet.. It really is depressing.. 

About your daughters passport, my mum and I were in the same situation (non present father) and my mother went to an attorney and he wrote a stat dec that stated the situation and the passport office accepted it.. They put us through hell first but we got it in the end!

My mother and I were also refugees travelling from turkey and we didn't have passports either.. We went to the Australian embassy in Ankara provided little ID (my mothers ID, my birth certificate UN papers) and we received a travel document to Australia with a paper visa label on it.. 

Like everyone said, speak to a migration agent they will give you some great advice.. 

Look after yourself for you and your children's sake.. I hope everything will sort itself out


----------

