Roder Lawyers

🌟 A Bittersweet Moment – Health Waiver - Child Visa (Adoption) Grant! 🌟

Tomorrow, I will say a final goodbye to my beloved 99-year-old mother-in-law. While her passing brings sorrow, I find a silver lining in this moment of grief.

A beautiful 2-year-old child from South Africa, who has been living with asymptomatic HIV infection and is on antiretroviral treatment, has found a loving home in Australia. This young Australian citizen couple adopted the child through court proceedings, bringing light into a life that began in the harshest circumstances—found as a newborn, eaten by ants in the garbage.

Despite failing a health exam due to HIV, we request for a health waiver and argued Australia’s obligations under the Convention on the Rights of the Child (CROC) and Robinson v MIMIA [2005] FCA 1626; [2005] 148 FCR 182.

In line with CROC Article 3, the best interests of the child were our paramount consideration. The adoptive parents are overjoyed that this young child now has the chance to grow up in a nurturing and supportive environment, where they can thrive and reach their full potential.

Making a difference, one life at a time. ❤️


Waiver
# NewBeginnings

Attention all future visa applicants under the Employer Nomination Scheme (Subclass 186 Direct Entry) or Temporary Skill Shortage Visa (Subclass 482)! 📢

Recently, I had the privilege of assisting a 23-year-old motor mechanic who encountered a rather unexpected situation upon his arrival in Australia. 🛬

Despite being single, his visa application listed a woman purported to be his wife as a secondary visa holder. What's more shocking? The marriage certificate provided with his application turned out to be fake, complete with a forged signature. 😱

Upon further investigation, it was discovered that the so-called 'wife' was actually the niece of the agent handling his visa application back in the Philippines. 😤

Thankfully, we were able to rectify the situation with the Department of Home Affairs and ensure that justice prevailed. 🙌

This story serves as a crucial reminder to all single applicants: always, always double-check your family unit details before submitting your visa application. Don't let fraudulent agents or forged documents jeopardize your chances of starting a new life in Australia. 🇦🇺

If you're unsure about any aspect of your visa application, don't hesitate to reach out an immigration lawyer to help you navigate the process and ensure a smooth transition to your new life down under. ✈️

Stay informed, stay vigilant, and make sure your Australian dream becomes a reality! 💪

🎉 No age limit in the eyes of the law! Love wins – Age doesn’t matter! 56 years gap! Partner visa (820/801) granted!🎉

I’m thrilled to share a very special story about one of our clients who approached us for assistance with their Partner visa (subclass 820/100) application. This case is extraordinary not only because of the genuine love and commitment shared between the couple but also due to their unique circumstances.

Despite an age difference of 56 years, their relationship is built on mutual respect, shared faith, and common values. They first met as churchmates, and their bond has only grown stronger with time. Their unwavering bond and the full backing of the sponsor's family made their case stand out. After marrying in Australia on a visitor visa, they swiftly moved forward with their partner visa application.

I understand that such cases often face skepticism, and indeed, prior to coming to us, several registered migration agents and lawyers had declined to take on their case. However, I believe in love and commitment in all forms, and after getting to know them and witnessing their genuine connection, I was eager to support them on their journey.

There's no age limit or barrier to love in the eyes of the law, and as an immigration lawyer I stand proudly by that principle. I am honoured to assist this couple in navigating the complexities of the visa process, reinforcing my commitment to inclusivity and support for all couples in their quest to build a life together in Australia.

Australian immigration law, particularly concerning partner visas (subclass 309/100 or 820/100), does not set an age limit for either the applicant or the sponsor. This means that couples with a significant age difference, such as 56 years, are legally allowed to apply for a partner visa, provided they meet other necessary criteria.

The primary focus of the partner visa assessment is on the genuineness and ongoing nature of the relationship. Couples must demonstrate that they are in a committed and genuine relationship, regardless of their age difference. They need to provide evidence of their mutual commitment, shared life, and the social, financial, and emotional aspects of their relationship.

After 9 years since knowing each other, they are living happily in Australia and continuing to live as one and demonstrating that love knows no boundaries. 💕




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