In Reply to: Q re 'NO FURTHER STAY' - for aussie visa posted by Bra on Wednesday, 1. April 2009 at 15:18 Bali Time:
But if you and the children and their father are in Australia and then you (spontaneously) decide, joy of joys, to apply for the spouse visa that you are clearly eligible for then the chance that the new (post-Cornelia Rau and post- Vivian Alvarez) Department of Immigration will insist on your husband leaving Australia or, worst still, deport him pending a decision is nil. They may "ask" your husband to depart but when you insist that the children need and love their father to much to be parted you will find that the Immigration Department has a heart. Of course, an Immigration Department with a heart is only a post-Cornelia Rau and post-Vivian Alvarez development and if your husband is not genuinely eligible for the spouse visa or the children are borrowed for the occasion then he'll find his bottom in detention double quick. But the world has changed for genuine spouses with children in situ ... so good luck and all the best!