"You're here unlawfully!"
If there is such a thing as God and faith, it was very much with me today. Warning, this probably will be a pretty long post ::smiles:: My partner and I had our big day today. The day we were to go down to the department of immigration and lodge my application for migration. This is a big process for us, and we couldn’t do it till after the 13th of this month. A big condition on this migration application is that my partner and I had to cohabitate for 12 months immediately prior to lodging the application. It’s hard getting the 12 months of being together. You can get tourist visas and extend them or some people are able to get 12 month working holiday visas.
I myself, got a 4 month working holiday visa. After the 4 months, I applied for a 6 month tourist visa. I had 10 months under my belt and just needed 2 more months maximum. Well, on my 6 month tourist visa, there is a “mutiple travel” condition. This meant that if I left and came back before this visa was to expire, I would be granted a 6 month extension. Being the stickler that I am, I rang the DIMIA in May, before we were headed off to New Zealand. I asked her (only got her first name) specifically about my visa (subclass 686 with multiple travel condition) if I’d be able to get the extension. She said yes. I asked if I needed to do any extra paperwork. She said no, because everything is computerized, and once the passport is scanned on my return, it’s automatically added into the computer. So I assumed all was well. When I came back from the trip to New Zealand, the customs officer (yes I did get her full name) didn’t say much to me. When she handed me back my passport I asked “did I get the 6 month extension?” She kind of looked at me and I said “b/c I have the multiple travel condition on my visa.” She looks at me and says “well it must have gone thru.” She didn’t look it up for me or anything, so I was to assume that I had gotten the extension.
So here I have been, dilly dallyin’ stress free for the past few months. We head into the city to the DIMIA office, and we waited for about an hour to turn in our application. Once we sat down, we said we were here to lodge an interdependency migration application. He looked at our 2 main forms we needed, then took my passport. That is when we got the shock of our lives. From what I can understand, because of the special working holiday visa I got to come here in September, there is some sort of “tricky” aspect that didn’t allow my visa to be extended when we thought it did.
I started freaking out, and tried to explain to him that I talked to someone from DIMIA AND that the customs officer had told me that my visa went thru, or so she thought. The guy wouldn’t have it, all he was concerned with, was the fact that I was over 60 days unlawfully in Australia. When he looked at me and said “you’re here unlawfully” my heart dropped and I started crying. The first thought that came to my mind was “I’m going to be deported” as well as “I’m going to have to go to a detention center.” My partner tried to calm me down, but I was so scared. He kept saying “yes you’re here unlawfully” and then said “it says right here” (showing me passport) what it said. There wasn’t any thing written saying I had 6 months to stay extra, but I thought that was b/c it was already in the computer system. Evidently not, as we found out.
I was still crying, well tears were not running down my face, but I was crying. I don’t think I was ever more scared in my life. He got up, went to talk to a colleague and explained to her what was going on. She said “go ahead and let them lodge the application, give her the bridging visa and have her write a letter.” So while he was busy doing other stuff, I sat there and wrote a letter explaining why I was unlawful for this long. My hands were shaking the whole time as I was writing this and I couldn’t stop crying inside. I explained everything to the best that I could, and sincerely said I was sorry. I had no idea this would happen and of course it wasn’t my intention. We had done everything by the book, and this one thing totally set us offguard. The guy said that he doesn’t know if the application will be approved, and that if it isn’t, we lose on all of our money. My partner kept trying to talk to him every so often to keep the conversation going, and to show that we were somewhat interested. I finally got the bridging visa. (visa that allows me to be LAWFULLY in Australia till we find out the status of our application.)
I am still shell shocked, and I’m still freaking out like crazy. I know the guy was doing his job, but he just seemed like he couldn’t see past the fact that I was unlawfully in Australia. You can “sort of” be here in Australia unlawfully for up to 28 days, but it was over 60 days that I was here on no visa. All he could do was take our application and our money. Everything keeps playing over and over in my head, and I’m so scared. I’ve never been so worried about something as I am now. We did everything we were supposed to, and HAD I known what the first visa entailed in reference to the second one, I would have applied for another visa in July. We would have left before it expired, applied for one in New Zealand and then come back once the visa was granted to me. But we didn’t know that the visa didn’t go thru. I don’t think it was my job to be thorough. If the customs officer said “it must have gone thru” I have to hope and assume she’s right.
I can just see it now, the case officer putting the blame on me. But maybe the blame is on me, but it’s not all on me. Because I know without a doubt that had I known this would have happened, I would have made sure I was legally here. I’m not stupid, thou I feel like it. I feel stupid because I checked and double checked things with different people, and got the same answer. But the guy said “this is a tricky thing with this visa you had.” But I thought that once a visa was expired, that was it…it’s void and no longer in use. But somehow it affected the conditions of the 6 month visa I got in January.
I just hope that the case officer we get is in a good mood, and is lenient with our application. I hope they don’t have tunnel vision and see only “she was unlawful for over 60 days” and not even give us a chance to explain in person. If we have an interview, it will be so much better for us to explain this to them. I know immigration officers are normal people like us, and they have to do their job, but I’m not a threat to Australia at all. I don’t have a police record, I’ve never had a speeding ticket or parking ticket. I am secretly hoping and praying that because they DID give me the bridging visa, that only goes to show just how lenient they may be. Because I’m from the USA and not some other country that is high risk for people overstaying, that they’ll look at the whole picture, and realize it was just all a misunderstanding. The DIMIA is going thru a lot of crap right now with people being deported when they shouldn’t have. So they are taking a lot of heat at the moment. I just hope they truly give us the benefit of the doubt and SEE with all of our evidence that we ARE a genuine couple. I really don’t know how it’ll pan out, it’s going to be on the discretion of the case manager we get.
I got home and I rang my sister, because I had to talk to someone. She tried to reassure me that everything will work out. But how does she know this? How does my partner know this? If our application is rejected, there goes 2 grand, plus a year of hard work to get us together. What happens then? We appeal the decision and hope to high water that it gets overturned. If not, I don’t even want to think about what will happen. If this application is rejected, I don’t know if there will be exclusions for me, to not be able to come back to Australia. And if that happens, I really don’t know what we’ll do. I don’t think my heart can taken another 3+ years of doing a long distance relationship again. We’ve done it for over 4.5 years, another 3 years is going to be too hard. Plus my mentality has me here in Australia. I miss my family, but I don’t want to go back home. I want to be with my partner and I want to start making a life together.
I try to think about all the people who are here illegally and illegally back in the states. It was not my intention to be deceiving or to keep hidden from DIMIA. Why would I be here illegally for 2 months and the lodge my application? I well know the rules, and I thought I was obeying them. I don’t know how long the process is going to take now, and I know I’m going to be the most stressed out person. My life is at stake here, and it’s pretty much in the hands of one person. Tears well up in my eyes as I think about the prospect of having to go back home. I love my partner so much and we have worked so hard for this to work out for us…why is this happening to us now? We were told by 2 migration agents at this GLITF meeting, someone who worked for DIMIA, AND a customs officer, that this visa would work. That is how thorough I was with my information. There was a woman who told me to make sure that the multiple travel condition means just that..that’s why I rang DIMIA. But I had no clue that I had to let anyone know about the first visa I was on. How can people know every single detail to every single class of visa?
So yes, that’s my story..and it’s a horrible one. So please, if you’re reading this, say a little prayer for my partner and I, we seriously need them. I asked God today why this happened to us. I asked why was everything okay up until now? Why have we been able to withstand all the miles apart but now this has happened..why? Is God testing us? Is he testing me? I’m not big on religion, but I am big on faith. I believe there is someone or something out there who is doing this to me. And I ask “what did I do to deserve this?” But then I thank God for letting the immigration officer grant me my bridging visa. So I have to keep hoping and praying that everything will work out for us. So yes, even if you don’t believe in religion, please say a prayer for my partner and I.
-current mood-SCARED OUT OF MY MIND
I myself, got a 4 month working holiday visa. After the 4 months, I applied for a 6 month tourist visa. I had 10 months under my belt and just needed 2 more months maximum. Well, on my 6 month tourist visa, there is a “mutiple travel” condition. This meant that if I left and came back before this visa was to expire, I would be granted a 6 month extension. Being the stickler that I am, I rang the DIMIA in May, before we were headed off to New Zealand. I asked her (only got her first name) specifically about my visa (subclass 686 with multiple travel condition) if I’d be able to get the extension. She said yes. I asked if I needed to do any extra paperwork. She said no, because everything is computerized, and once the passport is scanned on my return, it’s automatically added into the computer. So I assumed all was well. When I came back from the trip to New Zealand, the customs officer (yes I did get her full name) didn’t say much to me. When she handed me back my passport I asked “did I get the 6 month extension?” She kind of looked at me and I said “b/c I have the multiple travel condition on my visa.” She looks at me and says “well it must have gone thru.” She didn’t look it up for me or anything, so I was to assume that I had gotten the extension.
So here I have been, dilly dallyin’ stress free for the past few months. We head into the city to the DIMIA office, and we waited for about an hour to turn in our application. Once we sat down, we said we were here to lodge an interdependency migration application. He looked at our 2 main forms we needed, then took my passport. That is when we got the shock of our lives. From what I can understand, because of the special working holiday visa I got to come here in September, there is some sort of “tricky” aspect that didn’t allow my visa to be extended when we thought it did.
I started freaking out, and tried to explain to him that I talked to someone from DIMIA AND that the customs officer had told me that my visa went thru, or so she thought. The guy wouldn’t have it, all he was concerned with, was the fact that I was over 60 days unlawfully in Australia. When he looked at me and said “you’re here unlawfully” my heart dropped and I started crying. The first thought that came to my mind was “I’m going to be deported” as well as “I’m going to have to go to a detention center.” My partner tried to calm me down, but I was so scared. He kept saying “yes you’re here unlawfully” and then said “it says right here” (showing me passport) what it said. There wasn’t any thing written saying I had 6 months to stay extra, but I thought that was b/c it was already in the computer system. Evidently not, as we found out.
I was still crying, well tears were not running down my face, but I was crying. I don’t think I was ever more scared in my life. He got up, went to talk to a colleague and explained to her what was going on. She said “go ahead and let them lodge the application, give her the bridging visa and have her write a letter.” So while he was busy doing other stuff, I sat there and wrote a letter explaining why I was unlawful for this long. My hands were shaking the whole time as I was writing this and I couldn’t stop crying inside. I explained everything to the best that I could, and sincerely said I was sorry. I had no idea this would happen and of course it wasn’t my intention. We had done everything by the book, and this one thing totally set us offguard. The guy said that he doesn’t know if the application will be approved, and that if it isn’t, we lose on all of our money. My partner kept trying to talk to him every so often to keep the conversation going, and to show that we were somewhat interested. I finally got the bridging visa. (visa that allows me to be LAWFULLY in Australia till we find out the status of our application.)
I am still shell shocked, and I’m still freaking out like crazy. I know the guy was doing his job, but he just seemed like he couldn’t see past the fact that I was unlawfully in Australia. You can “sort of” be here in Australia unlawfully for up to 28 days, but it was over 60 days that I was here on no visa. All he could do was take our application and our money. Everything keeps playing over and over in my head, and I’m so scared. I’ve never been so worried about something as I am now. We did everything we were supposed to, and HAD I known what the first visa entailed in reference to the second one, I would have applied for another visa in July. We would have left before it expired, applied for one in New Zealand and then come back once the visa was granted to me. But we didn’t know that the visa didn’t go thru. I don’t think it was my job to be thorough. If the customs officer said “it must have gone thru” I have to hope and assume she’s right.
I can just see it now, the case officer putting the blame on me. But maybe the blame is on me, but it’s not all on me. Because I know without a doubt that had I known this would have happened, I would have made sure I was legally here. I’m not stupid, thou I feel like it. I feel stupid because I checked and double checked things with different people, and got the same answer. But the guy said “this is a tricky thing with this visa you had.” But I thought that once a visa was expired, that was it…it’s void and no longer in use. But somehow it affected the conditions of the 6 month visa I got in January.
I just hope that the case officer we get is in a good mood, and is lenient with our application. I hope they don’t have tunnel vision and see only “she was unlawful for over 60 days” and not even give us a chance to explain in person. If we have an interview, it will be so much better for us to explain this to them. I know immigration officers are normal people like us, and they have to do their job, but I’m not a threat to Australia at all. I don’t have a police record, I’ve never had a speeding ticket or parking ticket. I am secretly hoping and praying that because they DID give me the bridging visa, that only goes to show just how lenient they may be. Because I’m from the USA and not some other country that is high risk for people overstaying, that they’ll look at the whole picture, and realize it was just all a misunderstanding. The DIMIA is going thru a lot of crap right now with people being deported when they shouldn’t have. So they are taking a lot of heat at the moment. I just hope they truly give us the benefit of the doubt and SEE with all of our evidence that we ARE a genuine couple. I really don’t know how it’ll pan out, it’s going to be on the discretion of the case manager we get.
I got home and I rang my sister, because I had to talk to someone. She tried to reassure me that everything will work out. But how does she know this? How does my partner know this? If our application is rejected, there goes 2 grand, plus a year of hard work to get us together. What happens then? We appeal the decision and hope to high water that it gets overturned. If not, I don’t even want to think about what will happen. If this application is rejected, I don’t know if there will be exclusions for me, to not be able to come back to Australia. And if that happens, I really don’t know what we’ll do. I don’t think my heart can taken another 3+ years of doing a long distance relationship again. We’ve done it for over 4.5 years, another 3 years is going to be too hard. Plus my mentality has me here in Australia. I miss my family, but I don’t want to go back home. I want to be with my partner and I want to start making a life together.
I try to think about all the people who are here illegally and illegally back in the states. It was not my intention to be deceiving or to keep hidden from DIMIA. Why would I be here illegally for 2 months and the lodge my application? I well know the rules, and I thought I was obeying them. I don’t know how long the process is going to take now, and I know I’m going to be the most stressed out person. My life is at stake here, and it’s pretty much in the hands of one person. Tears well up in my eyes as I think about the prospect of having to go back home. I love my partner so much and we have worked so hard for this to work out for us…why is this happening to us now? We were told by 2 migration agents at this GLITF meeting, someone who worked for DIMIA, AND a customs officer, that this visa would work. That is how thorough I was with my information. There was a woman who told me to make sure that the multiple travel condition means just that..that’s why I rang DIMIA. But I had no clue that I had to let anyone know about the first visa I was on. How can people know every single detail to every single class of visa?
So yes, that’s my story..and it’s a horrible one. So please, if you’re reading this, say a little prayer for my partner and I, we seriously need them. I asked God today why this happened to us. I asked why was everything okay up until now? Why have we been able to withstand all the miles apart but now this has happened..why? Is God testing us? Is he testing me? I’m not big on religion, but I am big on faith. I believe there is someone or something out there who is doing this to me. And I ask “what did I do to deserve this?” But then I thank God for letting the immigration officer grant me my bridging visa. So I have to keep hoping and praying that everything will work out for us. So yes, even if you don’t believe in religion, please say a prayer for my partner and I.
-current mood-SCARED OUT OF MY MIND
posted by Gaylicious© at Tuesday, September 20, 2005
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