“Our permanent residency came through the day my wife died”

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“Our permanent residency came through the day my wife died”

“Our permanent residency came through the day my wife died”

Visa Solutions Australia recently managed to obtain a permanent visa for a female client who was dying from cancer.  Asha Joseph lodged her application years ago before her diagnosis, but it had effectively got ‘stuck’ in the system.  It was a complex and demanding case.

The Joseph family arrive on a student visa

Serge Joseph, his wife Asha and two children came to Australia from Pointe Aux Sables in Mauritius in December 2005.

“My parents and sister were already living in Australia, and we could see the benefits of moving here.  We had two young children and we wanted a better future for them,” explained Serge.

A student visa application was approved for Asha and the family made their home in Beechboro. Their two boys, Alex and Camille who were then aged 5 years old and 18 months, settled well into Australian life. Serge retrained to be a carer and his wife studied catering and hospitality before securing a job.

Once she'd finished studying, Asha applied for permanent residency and was sponsored by her sister, it all seemed straightforward.  But unfortunately, due to a change in processing policy by the Department of Immigration and Border Control, Asha’s application was deemed low priority and stalled within the system. Bridging visas meant they could remain in the country.

Dealing with a cancer diagnosis

At the end of 2007, Asha was diagnosed with breast cancer.

“Asha’s diagnosis hit us hard. To say the world fell from beneath me is an understatement, she was only in her thirties,” her husband Serge explained.

By the time officials looked at her residency application, they automatically threw it out on medical grounds.

This is when Registered Migration Agent Andrew Emmott and Dan Engles became involved.

“Serge contacted me and we lodged an appeal with the Migration Review Tribunal which was unsuccessful.  The Department of Immigration agreed with this decision which was a blow,” explained  Andrew.

“It was then that we decided to apply for ministerial intervention where a minister looks at the indvidual case on your behalf, but that wasn't a quick process, it remained with the minister for 18 months,” Andrew added.

Immigration officials show no sympathy

Serge remembers this period well. He said immigration officials showed a complete lack of empathy.

“Australian officials even hinted that as a family we should go back to Mauritius for my wife to receive treatment there. It was only when Andrew Emmott explained to the Department of Immigration that Asha only had months to live that officials became more pro-active. He told them that if she wasn’t granted permanent residency we would be forced back to Mauritius after living here 8 years.”

Asha’s permanent residency is granted

Permanent residency was granted to Asha just a week before she died and then the family received theirs once medical checks and police clearances had been approved.

“We took a call from  Visa Solutions Australia the day that Asha passed away. She would have been so pleased to know that we were successful with our application.  The day I lost my wife was the day I learnt I had permanent residency.”

“Andrew Emmott was exceptional with the service he provided. He did all he could, making representations for us, as time was not on our side,” explained Serge.

“We're now about to lodge our citizenship. We have been here 12 years so time to get Australian passports. We haven’t been back to Mauritius in all that time and I want to take the boys back to show them our native country.”

“I was very impressed with the team at Visa Solutions Australia and know that Andrew will do his utmost for us this time with our citizenship application.  Life will never be the same again, but I know this is what my wife would have wanted – our Australian citizenship.”






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