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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Australian Immigration I married my Filipino partner Dec 3,

Customer Question

Australian ImmigrationI married my Filipino partner Dec 3, 2015.
She has been here with me on a 3 month/adjusted to 12 month tourist visa which expires March 8 2016.
Our initial plan was for me to retire from my small business here and we live in the Philippines on my Age Pension (I am age 65 and on part pension now)
I've had my business for sale for 2 months - several potential sales but nothing closed so am re-thinking our plans.
My business prospects look good for this year so instead of selling I could bring the 18 year old out to join us here for 12 months - teach him how to work in my business (I am a timber sign engraver) - then decide whether we live in Australia or The Philippines.
We want to stay here for another year or so because her two sons (18 years and 22 years) are struggling with employment in The Philippines
I have spoken to Dept Immi Aust on phone and they have indicated best option to apply for another tourist visa for a further 12 months but I made no mention of her sons or her working in my business.
My wife and I need more time here but not ready for her to migrate here as understand it costs about $6000 and we may end up living in The Philippines in a year or 2 anyway. I want my wife to be able to work in my business without fear of a visit from border protection.My Questions -1. What is the best option for us to pursue for my wife's temporary residential status here?
Under the existing visitors visa she is not allowed to work here - but does this include working in my business which has only ever had me working in it - never any employees? She makes my morning tea, sweeps the office floor - any reason why she can't paint a sign answer the phone? It's now "our business". We live in a flat above my factory. Just where does my wife become a worker and of interest to our border protection people?
2.Her sons - can I sponsor one of them out here - possibly the other one later on - to teach them engraving etc. Am thinking one or two years then we can decide to live in Australia with permanent residency application for everyone or move to The Philippines - the boys, by then, having enough experience for us to decide whether they run there own engraving business in Australia or in The Philippines or they go off - do there own thing having gained some good skills from me anyway.I think there is a case here also for me to apply under humanitarian grounds - the whole family has had a rough time - but that’s another story that I’d rather not pursue unless I have to.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You may be able to sponsor her on a 457 visa but she has to have skills that you need.

There is no temporary option at the moment unless you wish to apply for a partner visa.

Sponsoring to teach them the business is not an option.

Humanitarian grounds tend to be for refugees.

Customer: replied 10 months ago.
Thanks Leon, but can you clarify the following -
1.Under the existing visitors visa she is not allowed to work here - but does this include working in my business which has only ever had me working in it - never any employees? She makes my morning tea, sweeps the office floor - any reason why she can't paint a sign answer the phone? It's now "our business". We live in a flat above my factory. Just where does my wife become a worker and of interest to our border protection people?
2.Her sons - Am thinking one or two years on tourist visa, living with us and me providing full keep - teaching them skills - then we can decide to live in Australia with permanent residency application for everyone or move to The Philippines - the boys, by then, having enough experience for us to decide whether they run there own engraving business in Australia or in The Philippines or they go off - do there own thing having gained some good skills from me anyway.
Expert:  Leon replied 10 months ago.

Good Afternoon

If she is caught working she will be deported.

She cannot work anywhere.

Not paying someone and having them do work poses even more issues because you can be sued for non payment

They cannot work on a Tourist visa or be trained.

I am not sure what visa they will apply for the be permanent residents from a Touristy Visa. This is not an option.

If they are going to buy your business then maybe they can get a business visa but they cannot train or work on a tourist visa.

This is not an easy matter and you need to speak to a Migration Solicitor to go through the laws in more details with you. With the Philipines the option of a working holiday visa is not even possible.

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