Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal your visa or get help to relodge your Australian visa application or citizenship application.
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My father was diagnosed with a 70% blocked artery and the doctor have advised surgery to place a stent to ease the block. Our daughter was born in Australia in 2020 and she hasn’t had the opportunity to meet her grandparents yet. We want to travel to India for the surgery so that he has an opportunity to spend some time with our daughter before the surgery. We have got permissions from our employers and are prepared to stay back and work from India for 3-5 months.
Would this be considered under compassionate reasons?
Stenting in relation to a blocked artery lost understandably stressful is not a particularly complicated surgery even though it relates to the heart and things can certainly go wrong.
It does not render your father critically-ill and I think that there would be difficult to you soon obtaining a visa based on the circumstances alone.
What you need to really focus on is the financial hardship and the emotional hardship aspects of any claims you wish to make that your circumstances are compelling.
In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.
Even assuming that your mother has a long-term visa the problem is that she is looking to travel from India into Australia and she herself is quite healthy there is no issue in relation to attending any funeral as the death took place in June. Accordingly I did not rate your chances as strong.
My name is Wasim and currently in Australia on a PR, i am currently employed with an employer back in India, can i apply for a travel exemption to go back to India as I am working with an Indian employer..
Hi nilesh
My brother holds a section 48 bar.
He holds a bridging “A”.
Can he leave Australia with a bridging “b” to apply for 491? If he doesn’t leave after getting bridging B will his bridging A cancel.?
Or if he leaves and since there os no guarantee that he can come after lodging the application , can he enter after the 491 has been granted? Or does he have to be on shore when the visa is being granted?
Could you please advise ?
Yes he can leave Australia with a bridging visa B in order to lodge in offshore application for a subclass 491.
Your second question is very interesting one and I will attempt to answer it here her over you should seek out specific legal advice before taking any action on this question.
The bridging visa B when wanted allows exit and reentry with an a finite time. The grant of the bridging visa B does not affect the bridging visa A.
When the bridging visa B is granted You Will still hold the bridging visa A.
The bridging visa a will continue until either 28 days or 35 days after a final decision is made in relation to the substantive visa that was applied for and on the basis of which the bridging visa A was initially granted.
If no travel is completed with the bridging visa B then the bridging visa A will continue.
It is the act of exiting Australia that would extinguish the bridging visa A prematurely.
Now in relation to your third question, assuming he does exist on a bridging visa B and he is unable to obtain a travel exemption to re-enter Australia within the finite period prescribed by the bridging visa B grant, and he is then granted a substantive visa which is capable of being granted overseas either by default or by virtue of some concession granted because of the covid-19 pandemic, then there would be no issue for him to re-enter on that new substantive visa, subjective course to any travel restrictions imposed by border force.
Hi..I currently have a Bridging Visa. And I have a section 48 bar. I have to exit Australia to apply for 491 visa. Can I get an exemption to enter Australia from Pakistan?
Hi Nicolas
Thank you very much for your patience in waiting for a response to your question.
It it’s been a very difficult time particularly with an escalation in active cases of covid-19 in the last week here in Australia.
I apologize for the delay in responding to your post.
My fees depend on the time and effort taken from my side in relation to making any application.
The fixed fee depends on the quality of the material provided to me, the speed at which is provided and the ability to communicate simply and effectively with the party that is instructing me.
In order to understand each of these features in any single set of instructions I have created a quick 10 minute chat service where a discussion can be had in relation to your case and the work that would be required in order to achieve a reasonable outcome in all of the circumstances.
I’m Australian citizen living in Sydney, currently, I’m looking for a way to travel to Perth for my appointment in USA consulate.
I’ve been offered a permanent full time job from our branch in USA and my company is transferring me to America, I’m going to leave Australia permanently.
I’m extremely nervous as If I can’t make it, this could have irreversible consequences both for me and my company, I cannot lose the job because of the current circumstances of mine.
Could you please let me know whether there is anyway for me to travel to Perth?
I’ve been also fully vaccinated by Pfizer.
Thanks a lot for your time for reading this.
I will look forward to hearing from you.
63 Responses
Hi Nilesh,
My father was diagnosed with a 70% blocked artery and the doctor have advised surgery to place a stent to ease the block. Our daughter was born in Australia in 2020 and she hasn’t had the opportunity to meet her grandparents yet. We want to travel to India for the surgery so that he has an opportunity to spend some time with our daughter before the surgery. We have got permissions from our employers and are prepared to stay back and work from India for 3-5 months.
Would this be considered under compassionate reasons?
Hi Anusha
Stenting in relation to a blocked artery lost understandably stressful is not a particularly complicated surgery even though it relates to the heart and things can certainly go wrong.
It does not render your father critically-ill and I think that there would be difficult to you soon obtaining a visa based on the circumstances alone.
What you need to really focus on is the financial hardship and the emotional hardship aspects of any claims you wish to make that your circumstances are compelling.
In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.
I am an Australian citizen. My dad passed away suddenly in June in india, leaving my mother all alone by herself.
Any chances of getting her an exemption to travel to Australia. She has a valid visitor visa and will follow all quarantine procedures in place.
Even assuming that your mother has a long-term visa the problem is that she is looking to travel from India into Australia and she herself is quite healthy there is no issue in relation to attending any funeral as the death took place in June. Accordingly I did not rate your chances as strong.
I am sorry for your loss.
Hi Nilesh,
My name is Wasim and currently in Australia on a PR, i am currently employed with an employer back in India, can i apply for a travel exemption to go back to India as I am working with an Indian employer..
No. I don’t like your chances.
Hi nilesh
My brother holds a section 48 bar.
He holds a bridging “A”.
Can he leave Australia with a bridging “b” to apply for 491? If he doesn’t leave after getting bridging B will his bridging A cancel.?
Or if he leaves and since there os no guarantee that he can come after lodging the application , can he enter after the 491 has been granted? Or does he have to be on shore when the visa is being granted?
Could you please advise ?
Yes he can leave Australia with a bridging visa B in order to lodge in offshore application for a subclass 491.
Your second question is very interesting one and I will attempt to answer it here her over you should seek out specific legal advice before taking any action on this question.
The bridging visa B when wanted allows exit and reentry with an a finite time. The grant of the bridging visa B does not affect the bridging visa A.
When the bridging visa B is granted You Will still hold the bridging visa A.
The bridging visa a will continue until either 28 days or 35 days after a final decision is made in relation to the substantive visa that was applied for and on the basis of which the bridging visa A was initially granted.
If no travel is completed with the bridging visa B then the bridging visa A will continue.
It is the act of exiting Australia that would extinguish the bridging visa A prematurely.
Now in relation to your third question, assuming he does exist on a bridging visa B and he is unable to obtain a travel exemption to re-enter Australia within the finite period prescribed by the bridging visa B grant, and he is then granted a substantive visa which is capable of being granted overseas either by default or by virtue of some concession granted because of the covid-19 pandemic, then there would be no issue for him to re-enter on that new substantive visa, subjective course to any travel restrictions imposed by border force.
I trust that answers all of your questions.
Hi..I currently have a Bridging Visa. And I have a section 48 bar. I have to exit Australia to apply for 491 visa. Can I get an exemption to enter Australia from Pakistan?
Unlikely at the present time, given my own experiences. Sorry!
Hi Nilesh,
What is your fee for a Travel Exemption application (from Australia). Applicant will be leaving the country for longer than 3 months.
Thanks,
Nicholas
Hi Nicolas
Thank you very much for your patience in waiting for a response to your question.
It it’s been a very difficult time particularly with an escalation in active cases of covid-19 in the last week here in Australia.
I apologize for the delay in responding to your post.
My fees depend on the time and effort taken from my side in relation to making any application.
The fixed fee depends on the quality of the material provided to me, the speed at which is provided and the ability to communicate simply and effectively with the party that is instructing me.
In order to understand each of these features in any single set of instructions I have created a quick 10 minute chat service where a discussion can be had in relation to your case and the work that would be required in order to achieve a reasonable outcome in all of the circumstances.
You can book in a 10 minute chat with me here.
Hi Nilesh,
Hope you are well.
I’m Australian citizen living in Sydney, currently, I’m looking for a way to travel to Perth for my appointment in USA consulate.
I’ve been offered a permanent full time job from our branch in USA and my company is transferring me to America, I’m going to leave Australia permanently.
I’m extremely nervous as If I can’t make it, this could have irreversible consequences both for me and my company, I cannot lose the job because of the current circumstances of mine.
Could you please let me know whether there is anyway for me to travel to Perth?
I’ve been also fully vaccinated by Pfizer.
Thanks a lot for your time for reading this.
I will look forward to hearing from you.
Best Regards,
Mehdi,
Have you tried to persuade the US consulate to nominate an alternative mode/location for your interview.