I wish to discuss a matter of family violence on behalf of a close friend. No. My friend came to Australia on a bridging

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Customer: I wish to discuss a matter of family violence on behalf of a close friend.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. My friend came to Australia on a bridging visa to be with her partner. She was heavily pregnant at the time and had the baby here in Australia. Following the arrival of the child, a boy, she was emotionally and economically abused by the husband. Just after Christmas she decided to go back to China to be with her family for the Spring Festival. Her husband then cancelled her bridging visa and she cannot re-enter Australia. The husband refused to allow her to take her two children back with her at the time. She is now very distraught and desperate to be with her children.
JA: Have you talked to a lawyer about this yet?
Customer: No. The matter has just come to my attention in the last two days.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is there anything that can be done to reinstate her bridging visa so that she can remain in Australia. I know the husband as well and his behaviour is quite erratic. He left his child with us to be babysat a few weeks ago and did not return to pick up the child for 48 hours. The child was distraught when he returned and did not want to return home with him. The child also referred to my wife as her new mother.
Answered by John Melis in 1 hour 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

In regard to your very important matter, your friend will be able to apply for a parental Visa in regard to the parenting of the children.

What I suggest you do at this present time is engage a local immigration lawyer to act on her behalf in Australia to complete the application form as this will insure matters are dealt with correctly and precisely with the immigration department.

Parent visa 103 will allow you

stay in Australia indefinitely

work and study in Australia

enrol in Australia's public health care scheme, Medicare

sponsor your family members to come to Australia

apply for Australian citizenship, if eligible

You can travel to and from Australia as many times as you want for 5 years from the date we grant this visa. This is as long as the travel facility on this visa remains valid.

If you want to travel after the initial 5-year travel facility:

you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident

you might also want to consider Australian citizenship. If you become an Australian citizen, you don't require a visa to enter Australia. You will need to apply for an Australian passport and use it to leave and re-enter Australia. See more about eligibility requirements and current processing times for Australian citizenship

If you apply for the subclass 103 visa as a retiree you don't have to:

meet the balance of family test, or
have a sponsor or an assurance of support

This visa costs from AUD6,100.

You pay for this visa in 2 parts called instalments. Pay the first instalment when you apply. Pay the second instalment when we ask you to.

There is also a charge for any family member who applies with you.

You can be in or outside Australia, but not in immigration clearance, when you apply for the visa.

You must be outside Australia when we decide on your application.

If you apply in Australia, any family members who apply with you must also be in Australia, but not in immigration clearance, when you apply. If you apply outside Australia, any family members who apply for the visa with you must also be outside Australia when you apply.

If you are applying as a retiree you must be in Australia, but not in immigration clearance, when you apply. You can be in or outside Australia when we decide on your application.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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