# Pregnant, overstayer with no visa



## Seiya (Oct 24, 2013)

As the title explains.
My situation hasn't approved since my first forum post on this site.
In short: I arrived in Aus. in 2011 with a Working Holiday visa. Meanwhile, fulfilling one of the requirements for my second visa application (Partner visa subclass 801), which was living together with your partner for 12 months. After fulfilling this, and many other requirements I lodged the application for the PV in 2012.
Finally after a year and a half, in June or July of 2013, the PV was approved.

In 2013 I had also met someone else through the internet. In October of that year I broke up with my then partner, whom was also my sponsor and moved to a different state and now living with my current partner.

After the break-up in 2013, my ex notified the authorities, which you have to do according to the law. And from then on I had 28 working days to either apply for another visa or move back to the country of my origin (Sweden).

Because of my lack of funding, it turned out my options weren't great, and I have now overstayed for two and a half years.

I have NOT committed any crimes, that includes the fact that I have NOT worked a single day (or minute), since the day I started my over-staying (because my partner has supported me).

The big change now however is, that I'm pregnant. My partner is an Australian citizen by birth (also currently on a disability pension) and I have read many posts and entries on the internet, saying if the child is born in and to an Aust. citizen, the child will then become a citizen by birth.

My concern is what happens to me considering my partner is on disability and will likely need help raising the child? We have been planning on getting married for a long time now (my partner's grandmother thinks we should do this immediately, for the baby's sake lol).

My goal is that I want to stay here in Australia with my partner and my baby. Now, more than ever, for the sake of my baby, and the family we're becoming, I want to clear the slate with Australian Immigration and make sure I do everything right.

Does anybody have any helpful suggestions/links/websites/people to be able to achieve my goal?


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## ampk (Sep 21, 2013)

You have some serious problems and MUST speak with a Registered Migration Agent.

There have been a few recent changes that may help you BUT speak with a Registered Migration Agent.

Speak with a Registered Migration Agent but a partner visa application(will give Medicare cover inc for birth) may get you a bridging visa and then chid may be born here and get citizenship you may get Schedule 3 waiver??????? but speak with a Registered Migration Agent.


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## JandE (Jul 17, 2015)

Many mothers have been deported for no visa situations.

Immigration know that people try to use pregnancy to get around visa problems and can be very tough.

This is just one example. Sole parent Lisa Le faces deportation - with or without two-year-old son | smh.com.au


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## ampk (Sep 21, 2013)

I have NOT committed any crimes (over stay is certainly not legal), that includes the fact that I have NOT worked a single day (or minute), since the day I started my over-staying (because my partner has supported me). My partner is an Australian citizen by birth (also currently on a disability pension).

The taxpayer has been supporting both of you.


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## Seiya (Oct 24, 2013)

Ok guys, this is Seiya's Partner.

Thank you for your responses & just quick clarification here. Regardless of anyone thinking this is some kind of scam or whatnot, I actually need to know this information for my sake. I want Seiya & the baby in my life & am asking for any information to help that.

As far as my single disability pension, it was tight but let us be clear, I am entitled to a single disability pension & no one but myself has financially supported Seiya. To say Australian tax payers supported Seiya is like saying they also support the brand of toilet paper I buy. It is irrelevant & only provoking.

Both Seiya & I are completely aware of the 'proverbial' we are in yet I am in search of options to get it straight with immigration so I can move forward with MY family. This is important to me & any help would be greatly appreciated.


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## JandE (Jul 17, 2015)

From looking at other news reports on similar situations things do not look good.

A good migration agent may or may not be able to help. You might have to go down that route though.

Looking at the letter of the law, and some news reports, she may have to leave, and then apply the same as everyone else.


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## ampk (Sep 21, 2013)

I did say all that can assist you both and child in my first post you need to speak to a Registered MRA.

Without malice you by law should have reported your partner when you knew was illegal.

Get good help now we can not hep you much.


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## CCMS (Oct 10, 2013)

Trying to find a solution to such a complex and potentially explosive situation on a public forum is definitely not a good idea.Considering your partner's legal status,I advise you to find a good migration agent as soon as possible and discuss this issue in private.

www.ausvisa.net.au


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## Seiya (Oct 24, 2013)

Thank you all for your input.

This is such crazy situation, at no point has Seiya had any money to go back to Sweden. She could have if she took her ex to court since they had been in a defacto relationship for over 2 years but Seiya is simply not like that. When she left, she simply left with the bags she came with.

At the time we seeked many different avenues & of course every direction required funds that I could not afford, & Seiya didn't have. Nobody even informed us that Seiya, at that stage, could have applied for permentant residency due to time in Australia (not even Immigration when we contacted them) but now we realise no one but a migraton agent could have offerred advice but we couldn't afford that.

& to suggest that I should have reported Seiya as illegal at the time her visa ran out which was during our relationship, considering all that had happened, I would have to be a sociopath to put her in that situation with no where to go in Sweden & no money. Not On Your Nelly!

Does anyone know of a migration agent that specialises in matters such as this? I am obviously not interested in splitting us up, especially now Seiya is pregnant & now I am on disability I will need the help in raising this child more than ever.


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## CCMS (Oct 10, 2013)

You can contact me privately. I may be able to refer you to someone who can assist.

www.ausvisa.net.au


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## 218417 (Nov 6, 2015)

Don't people on disability pensions/any government payment have to claim if they're in a defacto relationship? That could also cause problems with Centrelink. I am pretty sure regardless of your partner's earnings you have to declare it which puts you on a defacto disability which I believe is less than a single disability which could mean you paying back a lot to Centrelink once you start the process of making your partner/the OP's stay lawful


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## JandE (Jul 17, 2015)

Kahliimah said:


> Don't people on disability pensions/any government payment have to claim if they're in a defacto relationship? That could also cause problems with Centrelink. I am pretty sure regardless of your partner's earnings you have to declare it which puts you on a defacto disability which I believe is less than a single disability which could mean you paying back a lot to Centrelink once you start the process of making your partner/the OP's stay lawful


A section 24 from Centrelink would probably apply in this case, with no consequence as the single rate of benefits would actually be correct.


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## ampk (Sep 21, 2013)

As you can see there are many possible more problems with other government agency's. I offered a pm to make a phone call but no retract that. Call Nick in this thread.

Sorry if I fund your life - be honest,or yes I will demand the type of dunny paper you use.


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## Seiya (Oct 24, 2013)

Thank you all again, yes I am aware there may be other areas that will need adressing as well, I am prepared for the heat. I consider the prospect of having a child seriously so better get things sorted sooner than later.



ampk said:


> Sorry if I fund your life - be honest,or yes I will demand the type of dunny paper you use.


I've paid enough taxes to support my own pension & probably some of yours eventually, I don't feel any shame in being in my position & I don't owe you anything. I ask you don't devolve this any further.


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## Jeremy Hooper (Jul 10, 2014)

You said that you were granted a visa Subclass 801 before you broke up with your ex. If that is the case then you still have a permanent visa. If you had broken up before you got your 801 then you may have had to leave, but not after you have been granted your sc 801 visa.


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## 218417 (Nov 6, 2015)

Jeremy Hooper said:


> You said that you were granted a visa Subclass 801 before you broke up with your ex. If that is the case then you still have a permanent visa. If you had broken up before you got your 801 then you may have had to leave, but not after you have been granted your sc 801 visa.


That's what I thought, but she then stated that DIBP gave her 28 days to leave, so I suspected she was talking about the 820 and erroneously said 801


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## Mish (Jan 13, 2013)

Seiya said:


> Nobody even informed us that Seiya, at that stage, could have applied for permentant residency due to time in Australia (not even Immigration when we contacted them) but now we realise no one but a migraton agent could have offerred advice but we couldn't afford that.


That is because just because she is in Australia for 2 years does not mean she can apply for PR. Depending on the visa depends on when she can get PR. For an 820 she would have been eligible 2 years after she applied for a 820 but had to still be in a genuine relationship with the sponsor. As this ended the PR option to apply ended too.


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## Maggie-May24 (Jul 24, 2011)

As has been posted, your situation is far too complex to get assistance on a forum other than the suggestions to speak with a good migration agent. Speak with Nick and I'm sure he can give you some assistance.

You're also unlikely to find any sympathy on a forum like this. Too many applicants here have jumped through all the appropriate hurdles and have made significant sacrifices in order to get their visas. There is little sympathy for people who break the law in order to remain in the country illegally. Seiya had options available to her, just none she wanted to take.


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## 218417 (Nov 6, 2015)

Maggie-May24 said:


> You're also unlikely to find any sympathy on a forum like this. Too many applicants here have jumped through all the appropriate hurdles and have made significant sacrifices in order to get their visas. There is little sympathy for people who break the law in order to remain in the country illegally. Seiya had options available to her, just none she wanted to take.


Truth. As much as I want to sympathise, I can't help but be upset that my and many others' 100% law abiding partners struggle to even get a visa for a month to Australia meanwhile there are people in Australia from "low risk countries" overstaying by years.


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## ausharrold (Oct 28, 2015)

JandE said:


> A section 24 from Centrelink would probably apply in this case, with no consequence as the single rate of benefits would actually be correct.


It is not the same if there are 2 people together, each get less than the single rate, because they say that you both contribute to the rent. When one is not able to claim because they are not permanent Australian then they get only one half of the couple rate. This is what happened to me.

Pension rates per fortnight

Single $794.80

Couple each	$599.10

Couple combined $1,198.20

Couple each separated due to ill health $794.80

Cheers

Harry


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## JandE (Jul 17, 2015)

ausharrold said:


> It is not the same if there are 2 people together, each get less than the single rate, because they say that you both contribute to the rent. When one is not able to claim because they are not permanent Australian then they get only one half of the couple rate. This is what happened to me.
> 
> Pension rates per fortnight	Single	Couple each	Couple combined	Couple each separated due to ill health
> Maximum basic rate $794.80 $599.10 $1,198.20 $794.80


If the partner is not eligible to work, or for benefits etc, then a Centrelink section 24 can be requested to treat the applicant as single. This allows the Australian in the partnership to claim the normal single rate.

The non eligible partner gets nothing.

This is what would happen for this particular OP's case.

The Australian in the partnership would continue to get the same as before he was partnered _($794.80 using your figures)_. Consequently, there would be nothing *extra* being paid due to the new partner. And this particular financial aspect is actually irrelevant.

The OP may actually have notified Centrelink that he has a non resident partner, and may be getting the lower couple rate _($599.10 using your figures)_, and could maybe actually claim more, using Section 24 of the Social Security Act 1991.
Therefore I am not prepared to judge on that.


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## Seiya (Oct 24, 2013)

Thanks again for your input & we are in communication with Nick.

I don't know if any option Seiya had at that time could have been afforded. I know we had options but the funds were not available at the time to take advantage of any of them, including funding a ticket to Sweden. In fact we are still in this situation.

If I had 'money', then we would not ever be in this position, it would have been simple. I specifically said to Seiya that if she works on top of overstaying just to pay for her way back to Sweden, then she is breaking an even bigger law to correct the breaking of the former law. At what point do you stop breaking laws to fix previous broken laws .. seemed illogical & counterintuitive to me then, & still does now.

In no way am I trying to garner sympathy, this is what it is.


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## ausharrold (Oct 28, 2015)

JandE said:


> If the partner is not eligible to work, or for benefits etc, then a Centrelink section 24 can be requested to treat the applicant as single. This allows the Australian in the partnership to claim the normal single rate.


Kumusta, Jande, the fact is the rate is still different, but if you request under Section 24

or

2.2.5.50 Discretion to Treat a Person as Not Being a Member of a Couple for a Special Reason

This can be a normal single rate. Most of the time Centrelink does not pay you what is owed in arrears, only from when you apply.

By the way they are not my figures, they are actual figures on the Centrelink website.

https://www.humanservices.gov.au/customer/services/centrelink/age-pension?from=pf

Cheers

Harry


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## JandE (Jul 17, 2015)

ausharrold said:


> By the way they are not my figures, they are actual figures on the Centrelink website.
> 
> https://www.humanservices.gov.au/customer/services/centrelink/age-pension?from=pf


I mentioned "_your figures_" so as not to confuse, as that is only the base rate, and could be as much as:
$873.90 single or, partnered with section 24.
or 
$658.70 each partner
with the standard supplements added.

It can also be less depending on income and asset tests, and we have no idea how much is actually being claimed or paid in this case.

And yes, it is only from the date of application.

From: 2.2.5.50 Discretion to Treat a Person as Not Being a Member of a Couple for a Special Reason | Guide to Social Security Law



> Section 24 is intended to be the option of last resort, and should only be applied when all other reasonable means of support have been explored and exhausted.
> 
> When section 24 is applied, the person is deemed NOT to be a member of a couple and is treated as a 'single' person for all purposes of the SSAct. As a result, the person is paid the single rate of payment and only their individual income and assets are included in the assessment of the rate of their payment.


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## Valentine1981 (Sep 13, 2012)

Seiya said:


> \funds were not available at the time to take advantage of any of them, including funding a ticket to Sweden. In fact we are still in this situation.


 Does Seiya or yourself have any family who can assist financially? If you are so strapped for cash that you can't afford a plane ticket,then paying for a migration agent is going to be a problem as well. I also don't want to further add to what you are going to but assuming with no valid visa you have no access to Medicare either? Pregnancy and birth is not cheap

How pregnant is she? Is it an option to borrow the funds for her to return to Sweden,give birth to the child there and then lodge an offshore partner visa application for her to return? Her being pregnant won't count for anything with DIBP however after the child is born it will add strength to your application.


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## JandE (Jul 17, 2015)

Sweden has Reciprocal health care agreements (RHCA) with Australia, but not sure how much that covers, (especially being no visa) although the Irish do get pregnancy covered under the RHCA.

Also, with a baby, after the immediate birth, the baby will be covered due to being Australian. Not sure about the actual birth.


> A newborn will usually take the Medicare eligibility status of the mother. However, the eligibility status of the father will be applied to the newborn if the baby is not eligible solely by virtue of the eligibility status of the mother.


In the UK it would all be covered, well, it was 20 years ago, based on the fathers nationality.


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## Valentine1981 (Sep 13, 2012)

JandE said:


> Sweden has Reciprocal health care agreements (RHCA) with Australia, but not sure how much that covers, (especially being no visa) although the Irish do get pregnancy covered under the RHCA.


I just checked the Medicare website...in order to make use of RHCA you need a valid visa


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## Mish (Jan 13, 2013)

Borrowing money is your best option. If you can't afford a ticket to Sweden how can you afford visa fees and fees for a migration agent? How can you afford a child if you can't afford a plane ticket?

Also not being covered by Medicare you are looking at paying atleast $6,000 for the birth in a public hospital as long as nothing goes wrong.


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## ausharrold (Oct 28, 2015)

I know in our case RPA in Sydney said they charge around $2500 if no medicare. This had to be paid before they admit you in the birthing unit. If there are complications with the baby it is covered by medicare as the father is Australian.


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## ampk (Sep 21, 2013)

Quote:
Originally Posted by ampk View Post 
Sorry if I fund your life - be honest,or yes I will demand the type of dunny paper you use. 

I've paid enough taxes to support my own pension & probably some of yours eventually, I don't feel any shame in being in my position & I don't owe you anything. I ask you don't devolve this any further.


I think after having employed numerous Licenced Aircraft Maintenance Engineers over the last 10 years for my company you may be incorrect on tax paid! but it did cost me around $80,000 to get my now wife and 2 kids here without being illegal in any country for even 1 day. I even had to leave a kid behind to get some visa's that you do not even have.

So tell me why you get easy treatment please, I paid big $ and you not, but none of us sleep well while wait, but I do it legal you not!

love to hear your story now


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## JandE (Jul 17, 2015)

ampk said:


> I think after having employed numerous Licenced Aircraft Maintenance Engineers over the last 10 years for my company you may be incorrect on tax paid! but it did cost me around $80,000 to get my now wife and 2 kids here without being illegal in any country for even 1 day. I even had to leave a kid behind to get some visa's that you do not even have.
> 
> So tell me why you get easy treatment please, I paid big $ and you not, but none of us sleep well while wait, but I do it legal you not!
> 
> love to hear your story now


Are you saying that a tax paying Australian should not be entitled to the disability pension?

The partner he has taken on hasn't cost the taxpayer anything extra from what we read.

They are now in a bad position, visa and financial wise and looking for ways to legalise it.

I wonder how any of us would handle the same situation if life turned that way for us.


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## ampk (Sep 21, 2013)

Are you saying that a tax paying Australian should not be entitled to the disability pension? 

I have see a problem with "benefit" had a great holiday in Thailand an he visited here. Bit of Ross River.

The partner he has taken on hasn't cost the taxpayer anything extra from what we read. Ok no one looking for a over stayer no computer stuff needed to search them. 

They are now in a bad position, visa and financial wise and looking for ways to legalise it. They knew the position the day illegal but never asked then, shyt that was not just a few days back.


I wonder how any of us would handle the same situation if life turned that way for us.


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## Simply (Aug 21, 2014)

Seiya said:


> Ok guys, this is Seiya's Partner.
> As far as my single disability pension, it was tight but let us be clear, I am entitled to a single disability pension & no one but myself has financially supported Seiya.
> .


If you are in a relationship you are not considered a "single" disability pension holder. If centrelink ever finds out you were in a relationship they will make you pay the difference between single and partnered. Its about 200$ a fortnight.

Also centrelink will be notified of your partner status once you submit any sort immigration in relations to Seiya.

How do I know this? My partner is on disability pension and although I told centrelink, they also received a copy of my visa status. They even knew I went on vacation for 35 days.. 30 days was the cut off and they sent us a collections notice for over payment.


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## 218417 (Nov 6, 2015)

Section 24 is rarely applied. I suspect they only try to apply it when it can benefit them - for example, someone receives youth allowance as a student. Living with a parent and under 22, they get a "dependent rate" of youth allowance, around $200. One condition to be classed as independent, is being married. This would allow for an independent rate to be paid - around $400, even if they're still living with parents. If. however, the person is married to someone who isn't a resident of Australia/isn't living in Australia, they would probably apply a section 24 and treat them as though they're not in a relationship, therefore only paying them a dependent rate.
There would be no reason they'd apply it this case, especially considering that it was a unlawful situation. I doubt that not having work rights specifically in Australia would be an appropriate reason.


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## J&F (Nov 5, 2015)

Kahliimah said:


> Section 24 is rarely applied. I suspect they only try to apply it when it can benefit them - for example, someone receives youth allowance as a student. Living with a parent and under 22, they get a "dependent rate" of youth allowance, around $200. One condition to be classed as independent, is being married. This would allow for an independent rate to be paid - around $400, even if they're still living with parents. If. however, the person is married to someone who isn't a resident of Australia/isn't living in Australia, they would probably apply a section 24 and treat them as though they're not in a relationship, therefore only paying them a dependent rate.
> There would be no reason they'd apply it this case, especially considering that it was a unlawful situation. I doubt that not having work rights specifically in Australia would be an appropriate reason.


The main reason that s.24 is apparently so rarely applied to Centrelink benefits is that it will not be offered, so unless a benefit recipient asks for it to be applied, then their benefit will drop to the single rate with no further questions. Another reason for it seemingly being difficult to obtain is that there are very few real situations where it can be applied, partners on temporary resident visas being the main one and if the benefit recipient is working and earning over a set amount, then it certainly will not be applied. I am in the process of applying for more senior roles and extra hours at work and, if successful, we will immediately lose any benefit for the s.24 to my disability support pension.

In this case, I doubt very much that s. 24 will be applied retrospectively by Centrelink due to the length of time of their situation. Centrelink and DIBP do data match automatically and if anything strange crops up on either side then they will contact all parties involved immediately. This couple are in deep trouble, their best chance is to own up to everything, get legal advice immediately and hope for the best.

But on the bright side, we received our email from DIBP on Monday and are now preparing everything for the 801!!! Applied for Federal Police clearance yesterday, have already notified friends that they need to start their stat decs so eeek, it's all go.


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## Maggie-May24 (Jul 24, 2011)

Seiya said:


> I don't know if any option Seiya had at that time could have been afforded. I know we had options but the funds were not available at the time to take advantage of any of them, including funding a ticket to Sweden. In fact we are still in this situation.


AFAIK, DIBP would put you on a plane rather than have you overstay a visa. So there is always an option. She likely would now be back in Australia on a valid visa by now if she'd spoken with DIBP at the time of her visa ending.


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## ampk (Sep 21, 2013)

Dear OP and Partner,

Without getting into who pays more tax or if tax $ are even spent on over stayers.

We have a Pistol and Boo moment - a being in Australia that by law should not be here and knowingly so.

To fly Pistol and Boo out of Oz in the private jet and return and then face court I guess $400,000 in cost + a video that is priceless. 

For your knowing wrong doing what is your offer of compensation?


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## ausharrold (Oct 28, 2015)

We should be fair, Op's partner came here legally, Pistol and Boo where smuggled into the country, the dogs, so we are told could cause harm to our native animals, the partner would probably cause no harm.

Cheers

Harry


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## ampk (Sep 21, 2013)

"the partner would probably cause no harm"

Only if the stay longer than 12 months with no police or medical checks done. I assume that counts for dogs too.


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## ausharrold (Oct 28, 2015)

I have always wondered why they bother with a medical check, when the visa applicant has already been in Australia for a considerable time before they are made to do one. My partner has been here in Australia for over 12 months and still no medical, I really hope next week I don't get infected by her. Or maybe I have infected her after she arrived LOL


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## ampk (Sep 21, 2013)

ausarrold. On my first sponsor with 2 kids on a 8503 condition, we got waivered due a tidal wave the killed a few people a big tsunami.

My kids at time nothing required and my wife at time only a chest xray for TB only.


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## Maggie-May24 (Jul 24, 2011)

There's more to the health check than confirming the applicant isn't carrying any contagious diseases. The health check for a permanent visa confirms whether the applicant will be a costly burden on the medicare system to which they will become entitled. That's one of the reasons I don't think applicants should be eligible for medicare until their visa is granted.


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## avily20145 (Mar 1, 2015)

Maggie-May24 said:


> There's more to the health check than confirming the applicant isn't carrying any contagious diseases. The health check for a permanent visa confirms whether the applicant will be a costly burden on the medicare system to which they will become entitled. That's one of the reasons I don't think applicants should be eligible for medicare until their visa is granted.


I think this person that overstayed 2 years or more that stated and has no visa should be deported as I have applied to do the right thing here played my way and done ring thing its stupid people trying to rip off the system why didn't this person extend her visa till they sorted there problems out yes the partner is on disability so was my partner doing the right thing my case was refused and had to go to tribunal but won you people should be ashamed


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## ausharrold (Oct 28, 2015)

Maggie-May24 said:


> There's more to the health check than confirming the applicant isn't carrying any contagious diseases. The health check for a permanent visa confirms whether the applicant will be a costly burden on the medicare system to which they will become entitled. That's one of the reasons I don't think applicants should be eligible for medicare until their visa is granted.


I am so glad you don't make the laws Maggie, I thought our country was a little bit better than that, if you are going to cost the tax payer a lot of money if you get sick, you should not be able to stay. Lucky for a lot of people they are allowed to come here. Most of the tests are able to determine if the person is I'll now, not some time in the future. My partner failed the health check in the Philippines, she was told she needed a filling in one tooth. I said what a joke in Australia it will cost a lot more than here. It is not covered by medicare.

cheers

Harry


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## pduncan001 (Jul 27, 2015)

ausharrold said:


> I am so glad you don't make the laws Maggie, I thought our country was a little bit better than that, if you are going to cost the tax payer a lot of money if you get sick, you should not be able to stay. Lucky for a lot of people they are allowed to come here. Most of the tests are able to determine if the person is I'll now, not some time in the future. My partner failed the health check in the Philippines, she was told she needed a filling in one tooth. I said what a joke in Australia it will cost a lot more than here. It is not covered by medicare.
> 
> cheers
> 
> Harry


Harry

This is more a Philippines problem than Australia, I originally brought my Filipina partner to PNG and she also required fillings before she could get health clearance to come with me. When we applied from PNG to go to Oz there was no issues and medical was not as stringent as in the Philippines. I think it is more about income generation in Philippines than anything else!!


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## pduncan001 (Jul 27, 2015)

Seiya said:


> As the title explains.
> My situation hasn't approved since my first forum post on this site.
> In short: I arrived in Aus. in 2011 with a Working Holiday visa. Meanwhile, fulfilling one of the requirements for my second visa application (Partner visa subclass 801), which was living together with your partner for 12 months. After fulfilling this, and many other requirements I lodged the application for the PV in 2012.
> Finally after a year and a half, in June or July of 2013, the PV was approved.
> ...


I was reading the posts and out of curiosity checked for other posts and found this from 2013:

_No, my Partner Visa was granted, and only AFTER that, the relationship ended (to put it plainly - I had the Partner Visa for a couple of weeks THEN the relationship ended). It's not like I purposely did something against the law. I know my rights, and obligations. And I know of the consequences if I did something unlawful. I would not be a good person in general (in my opinion at least) if I did something unlawful in a country, under a government that decides my future. _

The poster knew what they were doing was illegal and while I have some sympathy around current pregnancy they should have listened to advice back in 2013 and done the right thing. They have in fact broken the law by not complying with their visa conditions. Most posters on this site try and do the right thing and spend a considerable amount of money doing so. Personally I hope immigration catch up with her and she is deported!!


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## J&F (Nov 5, 2015)

pduncan001 said:


> I was reading the posts and out of curiosity checked for other posts and found this from 2013:
> 
> _No, my Partner Visa was granted, and only AFTER that, the relationship ended (to put it plainly - I had the Partner Visa for a couple of weeks THEN the relationship ended). It's not like I purposely did something against the law. I know my rights, and obligations. And I know of the consequences if I did something unlawful. I would not be a good person in general (in my opinion at least) if I did something unlawful in a country, under a government that decides my future. _
> 
> The poster knew what they were doing was illegal and while I have some sympathy around current pregnancy they should have listened to advice back in 2013 and done the right thing. They have in fact broken the law by not complying with their visa conditions. Most posters on this site try and do the right thing and spend a considerable amount of money doing so. Personally I hope immigration catch up with her and she is deported!!


Is this the same person? If it is, then this all makes it a bit worse than it seemed.


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## Canberraman (Apr 15, 2015)

pduncan001 said:


> The poster knew what they were doing was illegal and while I have some sympathy around current pregnancy they should have listened to advice back in 2013 and done the right thing. They have in fact broken the law by not complying with their visa conditions. Most posters on this site try and do the right thing and spend a considerable amount of money doing so. Personally I hope immigration catch up with her and she is deported!!


This is what the OP posted in 2013:


seiya said:


> No, there is nothing harmful I can say about my partner/sponsor. Our relationship ended and that's that.
> *What I'm trying to do now is to find a way to live a life here in Australia with someone else.* I just wish it wasn't so hard to live sometimes..
> 
> So I guess I'm pooped.
> ...


This is getting interesting! The OP was advised by DIBP back then to leave the country within 28 days or find other ways to legalise her status in Australia. What happened afterwards? Did the OP leave? Obviously not! Instead, she went on hiding from DIBP so that she wouldn't be deported. Now she comes out to ask for help, interesting! I would say, keep hiding, this is the only option!


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## Canberraman (Apr 15, 2015)

Seiya said:


> *What I'm trying to do now is to find a way to live a life here in Australia with someone else.*


Not trying to be nasty here, but I would suggest the partner of the OP to reconsider the motive of the OP as to why she met you in the first place, etc. etc. etc.


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## solskjaer (Apr 5, 2014)

If you check on DIBP's website, there is a section called Community status resolution service, have a read about it. Maybe you should get in touch with them first. I think you can still apply partner visa.
Why dont you want to stay in Sweden, I thought it is a nice country too.


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## ampk (Sep 21, 2013)

Op partner has posted here, love his comment on this

"Originally Posted by Seiya 
What I'm trying to do now is to find a way to live a life here in Australia with someone else.


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## J&F (Nov 5, 2015)

By now the OP has left the building (or is sitting quietly in a corner hoping no-one notices her). 

This has really got my back up. When I think of all the hoops we've gone through to make sure my husband is totally legal, all the snide remarks from "friends" who insinuate that he married me to just to get into Australia, all the job knock backs, the financial worries, the arguments we have when we're both so stressed that we can't think straight....

People we've met and who have become friends from "high risk" countries who have left everything and everyone behind to start again and who wind up being treated like lepers in Australia.

Sweden is probably a "low risk" country too. 

Why wasn't DIBP looking for her?

Just totally and completely angry at this whole situation for all of us who have done the right thing.


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## Becky26 (Jun 18, 2013)

When our first onshore partner visa was rejected, DIBP gave me 28 days to either apply for another visa or leave. We needed a couple of more weeks to make the arrangements and wrap up our things before we could leave the country. My husband and I went to DIBP office in Brisbane to request a little more time to arrange departure; an officer there who was quite understanding and polite gave me a BVE and an extension on the 28 days limit due to time we needed to pack up and get financial help from my parents to arrange plane tickets for us. 

Both my husband and I left Australia well before time that extension was over. And went through the second offshore partner visa process again and by the grace of God all went well. There is a procedure in place for a reason. Life can be a lot easier if that procedure is followed if not, then we all know what happens.

DIBP is understanding when it comes to reasonable requests, well most of the times cause they know visa applying for a visa is a lengthy, pricey and a stressful process. 
It all comes down where there is a will there is a way.


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