Ozzywish Posted December 19, 2015 Report Share Posted December 19, 2015 Hi everyone. I know I should seek expert advice but I'm just testing the waters so to speak. my oh and me were about to come to Perth on a 457 visa, house sold, furniture on its way. We were staying in a hotel and checking flights, when out of the blue I was diagnosed with breast cancer. We had to think fast and I decided to stay in the uk for my treatment with my family around for support, and to join my husband in Australia after. I know it's a 3 year wait for the all clear for a visa. I have travelled over to visit my husband for a 2 mth holiday. He has applied for a permanent visa, sponsored by his current employer. Will I be able to join him on that visa once my 3 yrs is up? I would be so grateful for advice, as the agent he is using has said that he can't get the permanent visa unless I provide a solicitors letter saying that we are permanently separated...this seems so unfair and I have to question if this information is correct? Quote Link to comment Share on other sites More sharing options...
portlaunay Posted December 19, 2015 Report Share Posted December 19, 2015 Welcome to PP. So sorry your first post is in difficult circumstances. I don't know the 'correct' answer to your question but if you are not permanently separated from your husband why on earth would a legitimate migration agent suggest such a thing? To do so, effectively lying to immigration, would have grave consequences for you and your husband. I think the only option open to you is to see out the 457, wait for the all clear and then apply for PR. If I were you I'd be getting some advice from a registered agent with experience of these things. Apparently there is an agent who has experience of complex health issues but their name escapes me. Verystormy on here knows them, I'm sure he'll be along soon to tell. Good luck though. Quote Link to comment Share on other sites More sharing options...
verystormy Posted December 19, 2015 Report Share Posted December 19, 2015 The agent Perty is referring to is called George Lombard. He is a specialist on visas with health issues. I do understand where your husbands advice is coming from as visas carry a issue of one fail all fail. That means if you are still a dependent, even if not put down as migrating, and failed the medical, then there is a risk of your husband also failing. There is a risk that if immi realise though that you have only separated for visa purposes that you have acted in bad faith. That would not only result in a refusal for you, but a cancelation of your husbands visa. I would speak to George Lombard about your options. Quote Link to comment Share on other sites More sharing options...
Ozzywish Posted December 20, 2015 Author Report Share Posted December 20, 2015 Thanks very much for the advice, the other problem is that my husband has his 50th birthday in March, which is why he has put in his PR application so he didn't miss the age deadline. I'm older than him.His company are very keen to keep him on as well. But from your replies it still sounds a bit strange about the separation letter from a solicitor.Im going to get in touch with George Lombard. Quote Link to comment Share on other sites More sharing options...
DyLeB Posted December 20, 2015 Report Share Posted December 20, 2015 The information that your husband has been provided with is correct. Unless you are permanently separated his visa will be refused due to the one fail all fail rule. Even if you are listed on his application as a non-migrating dependent you will still require a medical which will mean the whole application will fail. Non-migration dependants require medicals due to the health waivers that are in place for partner (&child visas), people were putting family members as non-migrating to get round them failing the medical then sponsoring them, this is the reason non-migrating family members require medicals. You are in a very grey area if you provide this letter if not 100% true as if in the future he then sponsors you for Partner visa and this is questioned about the solicitors letter his visa may be cancelled if it is investigated that it was not true. You need good professional advice on the best way to proceed, George Lombad and Peter Bollard are the agent that are best recommended to deal with medical issues with visas. Proceed with caution if you do provide this solicitor letter if it is not true. Quote Link to comment Share on other sites More sharing options...
Ozzywish Posted December 22, 2015 Author Report Share Posted December 22, 2015 Thanks for the advice. We are making decisions about our future together anyway, after almost 2 years apart things are not the same any more, so I am going to return to the uk and leave it at that Quote Link to comment Share on other sites More sharing options...
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