Boxertony's Query

[Gollywobbler]

Hi Boxertony

 

I would have replied to your last thread but it has been closed. I will be angry if anybody interferes with this thread for the purpose of offering their opinions about your private life.

 

My question is this, please:

 

You say you are using an agent. Have you been using this agent since the beginning? If so, why has it taken until the 11th hour for the agent to discover that you may not be able to satisfy DIAC that you are in a genuine, committed, ongoing relationship? Surely an agent would get all the evidence needed for every aspect of a skills assessment and visa application before doing anything at all about committing fees to third parties?

 

Puzzled

 

Gill

[Anne B]

My thoughts exactly. How come it's taken so long for anyone (especially your agent) to realise the contradictory nature of your situation.

[Guest caoimhe]

I am so glad this has been opened up...yep your right and I didn't have the guts to do it myself so therefore am glad. 1st off I NEED to say "here for the grace of God go I" in other words how do any any of us know in Boxertony's situatiion we would not do the same thing, that's the thing we DO NOT know Boxwetony's situation................I KNOW I am going to get s**t about how he knew etc etc but how do any of us know his personal circumstances... We are not here to be Judge and Jury but to help each other in the best way we can so here goes

Tony, I'm sorry but I don't think getting married will make any difference at all. Myself and my partner had been togethar for 15 years and had 4 kids together, we done the documents about "how committed we were" and then decided to get married, the only reason being because we just never got around to it before the kids and now decided we had to do it in front of our family and friends and not in OZ in front of strangers. So after doing the declaration about how long we were together we got married (just before we applied) but stil had to send in all the info of when we lived together as just because we (by law) were married, didn't mean the immigration thought we were. Sorry but a marriage by law or church doesn't seem to matter but proving the length of time and commitment you have made to each other does

[Boxertony]

I want to openly offer my sincere apologies to all forum members if I have caused any moral issues or offence in any which way or form. I would like most of all say sorry to Rachiegarlo and the other moderators of this excellent website. The only thing I disagree with is that some responses were personal to Rachiegarlo and I, which is out of order. Yes I agree to certain point of view I walked right into it by posting my thread the way I did. However to personally have a dig at Rachiogarlo is out of order, like some members mentioned it's freedom of speach, well Rachiogarlo provided the same thing for me.

 

I would like to explain my situation in a better way now !!!

 

For 20 years now I have been a single parent with 5 children and then I met my lovely wife to be Jane. Jane and her daughter moved into my mortgage home in May 2004. Jane has also got her own flat. We then rented Jane's flat out to her daughter's father. Included in our Tenants rent is all utility bills and council tax, which is paid by Jane and I. All utility bills and correspondence is sent to that address and in Jane's name only not in joint names as is the same with my home, all in my name alone. Therefore regarding fraud and decepetion in certain way at looking at this, yes I agree maybe it is. But the way we look at it is Jane is paying full Council tax for her home not single person discount and I am paying for my council tax. The Council stated to us that Jane cannot pay council tax for two homes, so they just let her pay for her home and pay for her daughters father as well, because he lives there. (Personal reasons behind this).

 

Our migration agent is fully aware of situation and really did not go into detail about the de-facto relationship because we had planned to get married in June 2009. I just assumed that with us being married that we did not need to provide documentation to prove that we are commited to one another in a relationship. Obviously we got that wrong. In addition I have been going through the County Court for the past several months regarding the matter of getting my daughters mother to sign a statutory declaration, so my 16 year old daughter can emigrate with my family and I. I am actually at the final Court hearing on Monday 20th April.

 

All of a sudden I received an e-mail from the DIAC requesting for De-Facto evidence, a Statutory Declaration for my 16 year old daughter and our medicals and police checks to sent to them by the 1st May 2009. We have absolutely no chance of providing these in this timescale, not even sure whats agoing to happen about our Court hearing this Monday regarding my daughter than more like providing evidence of us living together. I telephoned my agent in Perth, Western Australia and she stated that she cannot see them accepting our application or even extending the time so we can gain the inofrmation they required. Hence me being heartbroken.

 

I have been a single parent of five children for 20 years now, I went and paid all by my self through University for 9 years, gaining a Masters, a BSc degree, a BA Combined (Hons) degree and my teaching qualifications and I currently have three jobs. A Care Manager of people with Neuro-muscular conditions, a Health and Social Care Trainer, and a Health and Social Care Lecturer at a College. I have fought throughout my life to gain full residence orders on all my five children and won. I just want the chance to be happy, be married and my ultimate wish is to live in Adelaide, South Australia. Oh! I forgot I was a Professional Boxer from May 1987 to October 1995.

 

I have been searching all weekend to find information of Jane and I relationship for out De-facto relationship, I have found the following:

 

Joint Current Bank Account dated from 5th February 2007

A letter/receipt from a family day out at an outdoor activity centre dated May 2005

Out tenancy agreement in both names for Jane's flat

A letter from a Newcastle Brewary stating that we have been accepted onto their wating list for a pub dated April 2006

Photos of our holiday in Spain July 2008

 

Cannot find anything else !

[Gollywobbler]

Hi Tony

 

I take my hat off to you that you have achieved everything that you have in your life. Very, VERY few people would have done as much as you have so you deserve every happiness in my view.

 

Your agent does not sound at all helpful and I suspect it is because she realises that she should have anticipated the CO's request and advised you about it at the outset. If she is not suffering from a thoroughly guilty conscience she jolly well should be.

 

If the worst comes to the worst and the application is refused, it is NOT the end of the world. For a start you will not need the agent in order to make a successful second attempt on your own.

 

What is your cuurent age, please?

 

Which occupation did you nominate for your skills assessment?

 

Which occupation did you nominate for your visa application?

 

Which visa have you applied for?

 

Are you planning to move to SA?

 

Are you currently State sponsored?

 

If you could reply to my queries I will do all I can to help. I have replied to you on Poms in Oz as well.

 

Best wishes

 

Gill

[Guest stufi1997]

The evidence you describe is virtually the same as we provided for our succesful application, we also had letters from a member of each of our families (my sister and Stu's mum) and from each of us describing how we met and how dedicated we are to our family. We also got our photo from my sisters wedding which shows the kids much younger and as such dates the photo from 10 years ago....we were in the same boat as yous kinda as all the bills were in my name as I always dealt with them and Stu moved in with me originally, we also provided the receipt for the registrar for our wedding that hadn't happened when we first applied. Good luck with your daughters hearing and I'm sure the evidence you've collected will show that you have been together, Best wishes Fiona

[Guest Django]

For 20 years now I have been a single parent with 5 children

 

 

:notworthy:

 

 

Tony,

 

Get people that know you to write and sign statements about your relationship with Jane. Every little thing helps. We got someone from both sides to write one each as Tracey and I are not yet married.

 

Good luck

 

Hope things work out for you.

 

Pete

[Guest LordLucan]

:notworthy:

 

 

Tony,

 

Get people that know you to write and sign statements about your relationship with Jane. Every little thing helps. We got someone from both sides to write one each as Tracey and I are not yet married.

 

Good luck

 

Hope things work out for you.

 

Pete

Yep, every little bit helps. We had

- letters from both Mums, and from friends

- statutory declarations from Cazzie's daughter and one of my sisters

- Cazzie's bank statements showing that she paid council tax, internet, phone etc

- My bank statements showing that I paid for shopping, petrol etc

- Tickets for theatre, bands etc

- Letters addressed to both of us at the same address

So be creative! WIth your qualifications, I have no doubt that anybody in the OZ immigration department would want your application to succeed, but it is a bureaucratic process, and I am sure that they would look positively on any evidence you can provide.

Best of luck - it is SO worth it.

[Gollywobbler]

Hi Tony

 

To add to what the others have said (all very sensible ideas) I'd suggest one further step. COs are like anyone else - if you can sense that you have not been told the whole story you wonder why not.

 

You are not doing anything unlawful so you have nothing to conceal. I would suggest Statutory Declarations by you and Jane explaining the situation with the two properties, Council Tax on them etc. I think that if the CO is told about the whole thing - in some detail - the CO will realise that the relationsship is genuine, committed and quite long-lived now. That is the only thing the CO is really looking for proof of and s/he is not looking for a way to refuse the visa. All that the CO wants is enough documentary evidence to add to the file so that DIAC's internal and external auditors cannot attack the CO's performance in ensuring that the paper trail is complete, thoroughly dealt with etc. The CO is not trying to set traps.

 

My experience with DIAC over the years on behalf of my elderly Mum (a very long story which is not relevant to you) is that they are conscious that it is not their place to ask impertinent, intrusive questions and complaints against individual officers will be upheld about this. So they don't ask but if they are suspicious then they become restrictively minded. If on the other hand you tell them the precise facts - more than they really need to know for their own purposes - their attitude changes completely. Once they realise that what you are doing is perfectly legit and you are not trying to deceive them in any way, they absolutely go out of their way in order to do everything they can to assist.

 

The way to get the best out of DIAC is to tell them everything in my experience.

 

Best wishes

 

Gill

[Guest Django]

You are not doing anything unlawful so you have nothing to conceal.

 

 

Thanks for that Gill. Tony's pm inbox must be overflowing from appologies from the PIA lynch mob. As must Rachel's and Libby's.

 

There you go Tony its not over by any means. Good luck with it all.

 

 

Pete

[Guest Lisado]

I would just like to say - I sort of know Tony and about his situation before he felt the need to post his details on the forum. Having not met him but have exchanged a lot of emails - he is a really nice man and a decent one. He is also very honest!

 

I feel sad he felt the need to put his life story on here due to the previous thread he posted when asking for advice.

 

Lisa