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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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On January 30th I have married a chinese lady who has in her

Customer Question

On January 30th I have married a chinese lady who has in her passport a Subclass 676 Visitor Visa. According to this visa she has to return to China on March 15th, 2016 which is the expiry date for her legally valid 12 months staying in Australia during which time she has been visiting some relatives and her only daughter who is a permanent resident of Australia. I have met this 61 years old lady at the beginning of June 2015 during a couple of convivial occasions and exchanged telephone numbers with her. Few days later, on the 21st of JuneI, I asked her to be my companion at a function celebrating the Holy Communion of Lila Kamar, daughter of a well known local Real Estate agent, namely Mr. Michael Kamar, with lunch at the River Canton restaurant in Parramatta. A couple of weeks later I had to be hospitalised at the Westmead Private Hospital to undergo prostatectomy surgery performed on me by my specialist Dr. Tania Hossack. After the operation the said Chinese lady has been visiting me every day at the hospital for 3 weeks recovery and a little more than 2 weeks of rehabilitation. Since than she has assisted me in my gradual recovery almost to full health by staying wiyh me in my house in Greystanes, NSW and helping me in all my living necessities such as shopping, house cleaning, washing of clothes and cooking. My question is wheather there is any chance for her to convert her visa to a permanent visa and stay in Australia not only because she is my wife but also in relations to Compassionate circumstances attached to my person. I have relatives in Australia but they have no time to take care of me. Furtermore I do not wish to end up in a nursing home. Please note that in the near future I have to undergo surgery again to remove my umbellical hernia.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

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.

Does her visa have a no further stay condition?

Customer: replied 10 months ago.
Goodd Morning
Sorry for this late reply to your answer. It was 2.00am when I went to bed . I do understand pretty well that, regardless of my hope, my question cannot produce any legal advice useful for a potential solution of my problem but only a general guide which may eventually be of some utility for my next move.The visitor visa subclass 676 on the passport of the lady in question is subject to a no further stay condition. I would appreciate your not legally valid general guide to know what you think i should do next and if you agree with what I have in mind to do. I intend to go to the Immigration Department and submit my case to one of the Immigration Officials and obtain from them some printed guidlines to follow. If the worse comes to the worse I will contact an Immigration Agent specialised on the matter and try to find out if there is a possible solution based on compassion ground in my favour .
Expert:  Leon replied 10 months ago.

Good Afternoon

If she is subject to a no further stay, it makes no difference what visa she applies for she will be refused.

I would be suggesting she leave the country and any application for the partner visa out of australia

Contact the law society of NSW and they can refer you to a migration solicitor.

Their website is as follows:

https://www.lawsociety.com.au/

They may have knowledge of case law where the no further say provision may have been overriden by the courts.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon