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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43973
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My wife was on 457 visa and did not notify immigration for

Customer Question

Hi there My wife was on 457 visa and did not notify immigration for 14 months of leaving the sponsor. In that 14 months I met my wife and got maried in Nov 2015 and applied for Partner Visa on 8 jan 2016. Immigration has cancelled my wifes's 457 visa for not complying to visa conditions. She is taking Bridging Visa E today. This cancellation will effect my partner visa. My migration agent advised to appeal the case so that we have enough time for Partner visa to process. The letter from immigration also suggests that my wife can be on other visa's including Partner A and Partner B visa.
Is it right to Appeal the cancellation? wouldn't that effect the outcome of Partner Visa when the judgement time comes and they decline the appeal.
Pease help
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Afternoon

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 but a guide to assist you.

It will affect her application because she was an illegal and this will go against her.

You should get yourself a solicitor not a migration agent to fight this. The Tribunal is a legal avenue and you need to have someone that knows the law or she will be deported and not be allowed re-entry for 5 years.

The law society in your state will give you a referral to a solicitor that practices in migration law. It is a specialised field and not many work in it.

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

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