Do I have grounds for my visa to be processed under compassionate reasons?

jasker · 28th May 2011, 09:26 AM

Unfortunately my husband and I lost our unborn child this week. It has been confirmed by the doctor and I have to go to hospital on Tuesday for a scan to ensure everything 'has gone'.

It was still very early days (seven weeks) but as you can imagine we are both utterly devastated, and its only compounded by the fact that we are both on opposite sides of the world. I'm feeling really crap as I only lost my mum last year and I don't have her here to help me through this...in fact I don't really have anyone. My sister is not competent (an alcoholic that is bitter and extremely nasty at the best of times) and my best friend is five months pregnant herself, so you can understand that as much as I love her, she is most probably not the best person for me to spend time with in this situation.

My husband wants me over there with him as he knows how hard I am taking this and has said that he's going to call the CO next week to make him aware of the change of circumstances and to ask that our visa be granted early on compassionate grounds. I'm not sure if its a good idea, or if our loss would affect getting an early grant. If need be, I could get a letter from the hospital on Tuesday to support our reasons. I have been told that there doesn't seem to be any problems and its an unfortunate fact of life that and that it happens quite a lot to women that go on to have normal, healthy pregnancies

We applied (fully front loaded) in London three months ago and I have not been asked for any other documentation. I have also been advised by the CO that my application is due for approval in July, so I assume that our case has been 'passed' by now and is just waiting the grant date. We are a straight forward case as we have been together for eleven years and married for seven of those.

I would hate for my husband to contact them and it to somehow jepodyis our early date grant if he says no. Although to be honest, right now I just need to be with him so badly I don't see that there is any other option but to contact him

I hope this all makes sense as you can understand my head isn't exactly with it at the moment.

Thank you for reading

downundervisa · 28th May 2011, 09:52 AM

Very sorry for your loss.

Case Officers are human beings, and have husbands, wives and kids just like the rest of us. If they're approached with courtesy, they can be perfectly reasonable. There are no special fast-track processes, however if the case is progressed to a point where it may be approved without too much extra work, then it's certainly a possibility. In your case, no one but the Case Officer knows how progressed it is, mind you.

Basically, if he asks and if he asks politely, one human being to another, then I can't see it causing a problem. Worth a shot, I would say.

Good luck to both of you.

Team Oyeniyi · 28th May 2011, 11:06 AM

I am also sorry for your loss. Please accept my condolences.

I agree with Jeff - I can see no harm in asking, especially as you are a straightforward case. This is a time you need to be together.

I don't know the regs to that level of detail, but I do hope the department look at your situation with compassion.

downundervisa · 28th May 2011, 01:07 PM

This is the problem in giving advice without proper knowledge of the Regulations, and this is why it is in fact illegal for anybody other than educated and qualified Registered Migration Agents to give advice, however well-meaning. Giving online advice without Migration Agent Registration Authority (MARA) registration is also illegal.

There is no such thing as a free-standing "Bridging Visa" for an offshore applicant. There are Bridging Visas available for ONSHORE applicants who have already made valid applications, so that they remain lawful whilst in Australia. The only other types of Bridging Visas, other than a few specialist ones, are the ones they give you just before they toss you out of the country.

So please do not ask your husband to ask for a bridging visa for you.

Team Oyeniyi · 28th May 2011, 01:38 PM

My apologies Jeff, thank you - I have amended my reply to avoid any confusion.

I didn't specifically mean any visa in particular, just something to close the gap, if you will.

As I stated I do not know the regulations to that degree and I never want to - that is for those of another field, such as yourself.

What I do know is that as a nation we need to be able to be compassionate when appropriate. Where there is a will, there is always a way, which is what we should be aiming for.

If there is a regulated "earliest grant date" (I do not know, is there one?) as implied above, we need to make sure that we have an alternative when needed. If we don't already, then something needs to be done about it. Not that my sentiment in this respect helps the original poster, unfortunately.

downundervisa · 28th May 2011, 05:08 PM

We're not a generous nation at all when it comes to deciding who can come to Australia. I think we were more compassionate when we were poorer. Now we have a comfortable lifestyle, we're reluctant to share it. I don't know how it can be changed when the majority of people in the country get a warm and fuzzy feeling every time a politician says something about "getting tough".

nvoorst · 28th May 2011, 05:33 PM

You could apply for a visitor visa, so you could be with your husband, while processing of the spouse visa is being completed.

You will however have to travel offshore for grant of the visa. if you were in Australia, you could simply go to NZ for a week.

As the visa is label free there is no need to go to an Australian Mission for the visa grant.

The only issue might be the additional travel cost.

Regards,

jasker · 28th May 2011, 09:17 PM

Thank you all so very much for your advice.

I guess it wont hurt to ask and if they do say no, then a tourist visa would most probably be the way to go, but that means giving up the house and shipping the belongings that we have with no guarantee of our spouse visa grant, thats quite a scary thought. Plus the extra expense of having to fly to NZ for the visa grant is something we could do without, its so expensive relocating anyway. That all said, I don't think that I'm coping to well with out him with me so if thats the only way for me to be with him...thats the way it has to be.

Before this, yes I was missing him but I'm a fairly independent lass so I was just getting on with it and besides, July didn't seem so very far away. Now it may as well be next year, its just to long for me to be on my own.

Emmanuel · 29th May 2011, 02:34 AM

I don't mean to dampen your spirit. But it seems London and other overseas post processing spouse visas are following a queue date. This is I believe due to the annual allocation almost running out by this time of the year.

That is why your case officer told you that even though your file does not require anything anymore (I assume health and character evidence already provided), they could only grant the visa in July when new allocation for financial year 2011-2012 begins.

And as you said, it is only a few more weeks to that date.

However, there's nothing wrong with requesting the case officer if he/she could already grant the visa considering what you and your husband have recently gone through.

Glenn Pereira · 29th May 2011, 08:50 AM

Even though there is no capping on spouse visas, it is apparent that the next allocation will be on 1st July 2011.

CO has requested us to inform our client to postpone the wedding to July 2011. This case was a 5 year waiver for a sponsorship of a second spouse. Application was lodged in New Delhi end Feb 2011,medicals completed May 2011.

It is important that all formalities are completed ASAP to enable the CO to grant the visa in July 2011.

As registered agents we always get a response from the CO on processing time. We make sure the application is lodged with a legal submission and with all documents except the medicals.

Team Oyeniyi (FOI)

Lodge an application under Freedom of Information Act 1992 (cth) and get a copy of the MRT file and DIAC file to know the truth- how your visa was processed.

Regards
Glenn Pereira
(9251523-19 years as a RMA)