Our client who was originally a citizen of Italy was successful in reacquiring her permanent residence after loosing it for more than 27 years, despite the fact Australian immigration legislation and policy asserts that it will be almost impossible to achieve after 5 years have lapsed.
Between 1977 and 1982 our client as a permanent resident began to establish her life in Australia. She studied English and obtained a full time job and did an excellent job at integrating into society. Unfortunately, due to circumstances beyond her control she was forced to depart Australia for the first time in 1982 as her family circumstances required that she accompany her incapacitated Grandmother on her return to Italy. At the same time, our client’s Mother had remained in Australia to take care of her immediate family, which included her Father and younger sister who was ten years her Junior. The major problem with our clients Grandmother at the time was that her physical condition began to deteriorate and she wanted to see her family in Italy before her condition worsened. Also, our clients Grandmother was the youngest in her family and with her siblings who were much older were physically incapable of providing the support required during this period.
Our client subsequently returned to Australia in 1982, however not long after her return her Grandmother’s physical condition began to deteriorate and was forced to return to Italy in 1984. Unfortunately, our client’s grandmother was suffering from vascular disease, severe walking impairment, heart disease and obesity.
Whilst in Italy, our client met her husband in 1985 and they were later married in 1987 and it was soon to follow that her Grandmother would unfortunately pass away.
Our client had until 1987 to return to Australia before her permanent residence, or Return Endorsement (RE) as it was known at the time would have expired.
Following her marriage, our client had the cultural duty imposed on her to assume the role of the carer of her Mother in law who unfortunately, suffered from Alzheirmer’s disease and required the support of a full time carer. Unfortunately, her mother in law tragically passed away in 1998.
At all times our client regarded both Australia and Italy as home. In Australia, her younger sister was a full time University Student and her father was a full time factory worker who relied on his employment to support his family. To further complicate our clients predicament, her father suffered from severe depression, heart disease and dilated cardiomyopathy and underwent six bypass surgeries in 1998.
Whilst her father was sick, our client was unable to return to Australia as she was pregnant and due to have her second child which further compounded her overseas commitments.
Unfortunately, our clients father passed away and not long after, rumours in Italy began to spread that our client had inherited a large sum of money and was wealthy. The truth of the matter is that because our clients father worked in a factory he was barely able to meet basic living standards, however this did not disencourage opportunistic individuals in Italy from trying to extort my client and her husband. The culprits – the Italian Mafia.
Desperate to return to Australia, our client returned in 2008 with the help of her previous migration agent on a Subclass 457 visa. Since arriving in Australia, our client had worked diligently and competently for her sponsoring employer and to her disadvantage, the employer was subject to a sanction imposed by the Department of Immigration and Citizenship as a result of numerous breaches of their sponsorship obligations. The subsequent action taken by the Department has inevitably resulted in a refusal of a nomination and visa application made by our clients previous migration agent under the Employer Nomination Scheme meant that more than ever, our clients ability to re-acquire her permanent residence appeared highly unlikely.
In searching for a solution to her complex immigration problem, our client consulted numerous migration agents and lawyers in Sydney who told her that her case was impossible given the time she had been absent from Australia and they refused to listen.
We took the time to listed to what our client had to say and provided her with an advice that was articulated on the basis of Australian immigration legislation and policy.
The result – our client is now a Permanent Resident of Australia who has provided the positive feedback in the video above.