visa assurance

[shanon]

hi everyone,,i am new to this forum!! i would like to ask an advice if im capable eirther eligible to a apply a de facto relationship and what are my chances of getting a visa approve since i have a very complicated situation.the first time i came to australia was on 2002 on tourist visawith my exhusband then i overstayed our visa for two years,, after two years we decicded to go back to my country without being deported,, anyway after a year we decided we want to go back to australia again but because we are banned from going back to australia from overstaying before,, we stumbled a friend where they told us that wat we need to do is change our name through using someones identity which we did.. they got everything fix up for us all we did just pay for whatever that cost to get a visa and back to australia, okey,, me and my exhusband came back to australia 2006 under defferent name on business visa.. we decided to overstay again.. 2007 i separated with my exhusband... we end up not seeing each other and decided to have separate ways.. 2008 i found a relationship with an australian citizen and fall in love so i decided to commit a long term relationship with him.. we lived together for nearly 2 years with prof and evidence, now we will be having a baby nxt mont,we have already gather prof and evidence for defacto relationship.im going back to my country after the baby born to fix the papers.. what are my chances of succeding a visa? how long will it to procees the visa? am i introuble from my privious situation? any sugeestion will be very much appreciated.. thank u for reading

[Robert]

Hi Shanon,

your background and turn of events poses strong dilema for any Registered Migration Agent. your situation touches on the question of Ethics, the need to act for the best interest of the client while upholding the integrity of the Migration Act. How does on reconcile the name in the Birth certificates and the new identity? Assuming you were banned for 3 years from entry, under the old name and now propsing to apply under a new name, which agen dares to be culpabale to continue aiding a process that is heavily infected with unlawful acts, on your part. While one appreciates the overhelmig desire you have in wishing to live in Australia with your new partner, where does one begin with a clean slate. An Australian child's, shortly to be born, is at stake and takes precedent over other issues.

You need to sit down with an agent and work through the whole background and decide your lawful options. With great respect to you, I would find myself exteremly incompetent to handle your case, if I am asked to.

Wish you all the best

Robert K Chelliah
www.austmigration.com.au

[shanon]

hi robert,, thanx for ure msg,, i im so confused for this whole thing.. ive been through 2 different migration agent here in sydney, they advice me to go back to the philippines and apply for de facto relationship and used my old name which has all the prof of my identity,, i know i made a big mistake and i felt so sorry for what ive done. ill be having a baby nxt month with a very loving and suporting partner,, im so scared everything might gone to waste and what will happened to my baby? please give me more option on how am i go around it by doing the right thing,,, thanx a lot

[Robert]

Hi Shanon,

A complex case fraught with intricate legal techicalities, (may involve character issue) cannot be sueprfically dealt with in a public forum such as this. My suggestion would be select an experienced Agent, preferable a lawyer-agent ( your case may end up with MRT and court judicial processes) , and stick with the strategy you would have worked through with this agent located closest to you.

I am afraid this forum can only be of limited assistance to your predicament.


Robert K Chelliah
www.austmigration.com.au

[downundervisa]

Shanon, you are in Australia now under a false name and with a false passport? There is no simple way of helping you, because you have broken numerous laws. If a Registered Migration Agent is aware that you have broken the law, he/she cannot pretend they don't know this. And if you disclose your situation, then yes you may apply to come back based on a defacto relationship, but there is an extremely high chance that you will have your application refused on the basis of how the law-breaking reflects on your character. You may possibly argue that you had good reasons for your mistakes, or that you were sorry for what you did, but I think it is unlikely they would accept your arguments. I don't believe I could help you either, I'm sorry. And I certainly would not risk my agent registration by "looking the other way".

[downundervisa]

Shanon,

If you would like to contact me, I can see if there's a way I can help you. Sorry if I sounded unsympathetic before. You've got yourself into a very difficult position, and you're as entitled to fair and honest treatment as anybody else. And I know too that it's not uncommon in the Philippines for people to use fake papers. (My wife is from Bicol in Camarines Sur. We have an office in Muntinlupa. And I have a lot of experience with the culture). Fake papers are seen as a a quick-fix. The problem comes from when you want to live in the country permanently. You can't live a lie, and you can't base a new family on this lie, or you spend the rest of your life running and hiding. And you pass this legacy onto your children.

Please feel free to contact me via my website www.downundervisa.com.au and go to the contact form. I will do my best to help. No promises. But I will try. I only ask that you be 100% truthful with me, and realise that I won't get involved in anything that isn't 100% truthful.

And please beware of agents who make suggestions that involve lies, because they will only get you into further trouble.

[Sheelagh Blanckenberg]

Excellent advice from both Robert and Jeff - thank you to you both.

Shanon, you are in a very tricky situation which needs to be handled with care. As Jeff has indicated he would be prepared to help you, I strongly suggest you contact him off-forum.

One other caveat - you need to be upfront and honest with him to have any chance of getting yourself out of this mess.

[shanon]

downundervisa, when i read those replies from what i posted, i loose stregnt and hope,, so many sleepless night i spent thingking how am i ganna go around this by doing the right way.. absolutely right i myself believed that im in a serious situation that i cant take for granted,, and yes i cant hide and run for the rest of my life on my desires to stay in this country.. ive been in two different migation agent but i wasnt satisfied by their answers to my question. i didnt even get a fair explanation and options to the situation, looking forward to share to u all about this matter. cheers

[Robert]

Shanon,

One thing is certain. Whatever application you intend to make has to be made using your real identity. No agent will knowingly assist you with a false identity and a passport and continue to assist you as he/she will be culpabale in the commission of "defrauding" the Commenwealth government. This could mean returning to Phillipine to reassume your orginal identity and passport, and that of the child. (what a administrative quagmire in the unforgiving asian bureacratic culture)

The birth of an Australian child, your "repentence" , and genuine marital relationship (past and future) would all mitigate strongly to receive a serious consideration from DIAC, MRT, or Judicial process or Ministerial Intervention.

Bear in mind DIAC and the present Minister does not seem to reflect compassion that easily.

As Jeff has an office in Manila you will have easy access to him.

Best wishes

Robert k Chelliah
www.austmigration.com.au

[Migration Help]

The birth of an Australian child, your "repentence" , and genuine marital relationship (past and future) would all mitigate strongly to receive a serious consideration from DIAC, MRT, or Judicial process or Ministerial Intervention.



Shanon, once you contact Jeff he will be able to discuss the issues of your case and explain in greater detail the concepts Robert refers to above. A case like yours will of necessity be extremely convoluted but Jeff will be able to guide you through the maze should you decide to use his services.

MH

[Liana Allan]

Shanon
If you are still there, I know someone who might be able to assist you. It is a specialist at criminal law and immigration law, accredited specialist. Please contact me if you need their details.
Liana Allan