Immigration Bureaucracy Gone Wrong...

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Simondo
Simondo
VIC
8025 posts
VIC, 8025 posts
27 Mar 2012 2:00pm
Bureaucracy...

Case 1 - Aussie guy living in Australia with a French wife, and their two children. Going through the procedures, hoops, hurdles, of getting residency for her... Medicals, chest x-rays, blood tests, etc etc... finally gets the call up that it's ready for processing... so she has to fly out of Australia just so they can do the document processing... whilst this is 'normal procedure'... what's the point of flying out, and flying back in... BUT... it turns out she has theoretically over stayed a tourist visa, and is potentially facing a "lock out" from Aus for 3 years !! What's with that!

Case 2 - Aussie friend has been living in the USA for several years, in New York. Every year or so she has to renew her Visa etc, and goes across the border to Canada to have it all renewed... The last time she had to do it, she had her usual set of documents... "Certified Copies" of several original documents, including copies of University Qualifications, etc etc... At immigration processing, the "officer" asked to see the originals... Turns out they are entitled to ask for originals... She was obviously quite exasperated, and agreed that she would come back another day with "the originals", which were back at her apartment in New York.... So she jumped over to a different queue to "re-enter" the USA on her CURRENT working Visa. Get this... They Arrested her for suspicion of trying to enter the USA and work in the USA without the correct VISA's etc... ever though she still had a 1-2 weeks left on her current Visa. They were deadly serious... took her 12 months to fight the charges, and cost her $10,000 and had to come back to Australia, and fight her case from over here !! Plus countless wasted hours of time from a heap of different people on both sides of the Pacific...
knigit
knigit
WA
319 posts
WA, 319 posts
27 Mar 2012 11:32am
Have lived here on various visa's for 8 years still no pr. Last visa took 13 months to come through. Had my case officer move to another department and not pass on my file to anyone else for 4 months, had documentation from other peoples visa applications sent to me, and the list goes on.

All worth it in the end, although sometimes it is so frustrating that instead of picking up the phone and having a conversation or a meeting to sort a minor issue out in a matter of minutes everything is dealt with in the mail with formal requests and ridiculous amounts of paperwork.

Pretty sure it is designed to be the most clumsy process they could contrive so that only serious applicants make it through the pantomime.

Trant
Trant
NSW
601 posts
NSW, 601 posts
27 Mar 2012 2:47pm
Lived here on a business visa for 6 years.
Moved away for a few years, came back on a tourist visa and applied for Perm Residency based on a defacto relationship.
After submitting my application, it took 2 weeks to be approved.

Sorry, not all applicants have a bad time (but I've also heard of some nightmare applications)
Trant
Trant
NSW
601 posts
NSW, 601 posts
27 Mar 2012 2:49pm
Simondo said...

Bureaucracy...

Case 1 - Aussie guy living in Australia with a French wife, and their two children. Going through the procedures, hoops, hurdles, of getting residency for her... Medicals, chest x-rays, blood tests, etc etc... finally gets the call up that it's ready for processing... so she has to fly out of Australia just so they can do the document processing... whilst this is 'normal procedure'... what's the point of flying out, and flying back in... BUT... it turns out she has theoretically over stayed a tourist visa, and is potentially facing a "lock out" from Aus for 3 years !! What's with that!


When was this? I was told that the minute you make your application, your visa status changes to 'pending' and it won't expire until you hear your results.
I also didn't have to leave Australia.

Skid
Skid
QLD
1499 posts
QLD, 1499 posts
27 Mar 2012 1:53pm
knigit said...

.....

Pretty sure it is designed to be the most clumsy process they could contrive so that only serious applicants make it through the pantomime.




Sounds like you have it sussed. Not limited to imigration, the process seems to have been rolled out to many a government department
JayBee
JayBee
NSW
714 posts
NSW, 714 posts
27 Mar 2012 3:58pm
So what I hear is...
Case 1 - Everything going fine. Stupid rule about having to be outside the country before you can immigrate comes into play (had to do it myself - its apparantly some old law that is still in force). THEN
"theoretically overstayed" - what does that mean??? If she overstayed then she broke the law and is subject to a lockout. She would be a Permanent Resident, not a Citizen so all the visa laws still apply. Its her stupidity for overstaying.

Case 2 - Person entering a country on a working visa with only a few weeks to go on the visa. This would immediately raise suspicion. How does the officer know that after two weeks the person would leave the country. The officer could not assume the visa would be renewed.
The exact same would happen here at the Aussie border. Its harsh but not exactly unexpected. If your working visa for any country is about to expire you need to be careful about exiting that country, and you had better have all your paperwork in order.

The bureaucracy is caused by people not obeying the law and reading the instructions. If Case 1 had not overstayed - no problem. If Case 2 had proper documentation - no problem. Both would have never happened if they took responsibility for their own actions.

Move along, nothing to see here.
rod_bunny
rod_bunny
WA
1089 posts
WA, 1089 posts
27 Mar 2012 1:01pm
knigit said...

Pretty sure it is designed to be the most clumsy process they could contrive so that only serious applicants make it through the pantomime.


Is this the reason so many come by boat? At least they're getting 3 squares a day while waiting...



Getting my UK citizenship from scratch was easy enough... nothing majorly stupid (other than having to pass an english language test) Had to have an hour long unscripted 'chat' with a lawyer - the bas*ard just teased us for an hour about losing the ashes and the rugby
NasiGoreng
NasiGoreng
VIC
260 posts
VIC, 260 posts
27 Mar 2012 5:16pm
My ex is an immigration lawyer for a large global law firm,
Ive heard of heaps of bad stories.

Basically, its now easier to get PR in the US than it is in Aus, and thats across most visa sub classes.

so deffo consider hawaii before moving down under...
evlPanda
evlPanda
NSW
9207 posts
NSW, 9207 posts
28 Mar 2012 11:38am
Case 1: Yep, been through all that. It's a painful experience, and they seem to love asking for the same information again and again in as many combinations as possible. Then while you wait your medicals expire, resubmit the forms, etc. etc.

I don't understand how you theoretically overstay a visa though, that won't look good. Do you mean "accidentally"? Sucks.

Case 3: Aussie guy goes from US to Mexico for a day trip. Fun ensues. On returning the customs officer says:

"Oooh, wait a second. This Visa doesn't allow entry from Mexico."

"..."

"You're going to have to go to the Australian consulate in Mexico City to get another one."

"...you're ...oh ****!"

"..."

"..."

"Ha ha! Just kidding man!"

saltiest1
saltiest1
NSW
2575 posts
NSW, 2575 posts
28 Mar 2012 11:48am
in the 90s i stayed in san diego for months at a time with my now wife on a few trips. headed down to mexico numerous times and i think i had my passport twice. never had a problem getting back over at all, but the mexican cops were pretty full on, until you paid them a 20 and they become like your uncle.
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