Lindy-Lee Posted September 19, 2006 Report Share Posted September 19, 2006 (edited) I need all the help I can get now PLSSSS I'm begging here Is there anybody out there that has their PR application refused or nearly refused due to subsection 501 (character test)?...ok that means you have not got a clean police clearance.My husband was involved in a car accident 12 years ago, the other driver died in the accident and as a result hubby got a suspended sentence on his record..but of all the terms they could use they used..culpable homicide . We were unaware of this until we received police clearance from SA.Not knowing this resulted in him giving "false and misleading information" on visa app..he said he did not have a record which we later found out he did!Long story short...we received letter from immigration stating...I quote " NOTICE OF INTENTION TO CONSIDER REFUSAL OF YOUR VISA..."We now found out that if they refuse our PR they could cancel our 457 as well and we would have to leave Australia.Now this is where I really need help....WE DO NOT WANT TO LEAVE!!! Please if there is anybody out there who can give us some idea of how to get out of this mess....Righ now it feels like we are the only people to go through this and I just hate that feeling.Lindy-Lee Edited September 19, 2006 by Lindy-Lee Quote Link to comment Share on other sites More sharing options...
Lindy-Lee Posted September 19, 2006 Author Report Share Posted September 19, 2006 Forgot to mention we only have till 6 Oct to state our side of case Please any info is welcome Quote Link to comment Share on other sites More sharing options...
Guest Jules Posted September 19, 2006 Report Share Posted September 19, 2006 So sorry to hear about that Lindy Lee I can't really offer you any advice I'm afraid. I have no idea if it would be possible to get a police report of what happened from the SAPS, perhaps then you could submit that to them and make a sworn statement that it was not your intention to in any way mislead anyone on your application. I know that if your visa is refused for any reason they do allow you to appeal against their decision but I don't know if they would make you leave the country before you can submit the appeal. I really feel for you and I hope that you can find a solution. Quote Link to comment Share on other sites More sharing options...
Guest Jules Posted September 19, 2006 Report Share Posted September 19, 2006 PS - here are some linkshttp://www.immi.gov.au/media/fact-sheets/79character.htm#bhttp://www.aat.gov.au/http://www.mrt.gov.au/Hope this helps.Julie Quote Link to comment Share on other sites More sharing options...
JJV Posted September 19, 2006 Report Share Posted September 19, 2006 Hi Lindy-LeeI suggest you consult with an immigration lawyer ASAP. You don't want to take any chances on this one! Quote Link to comment Share on other sites More sharing options...
sonnetjie Posted September 19, 2006 Report Share Posted September 19, 2006 Lindy-LeeI suggest you speak to Ettienne Hugo http://www.mia.org.au/profiles/hugo.htm Quote Link to comment Share on other sites More sharing options...
Lindy-Lee Posted September 19, 2006 Author Report Share Posted September 19, 2006 Thanx you all.We have contacted a guy in Sydney (difficult with time difference ) I am now desperately trying to contact the lawyer hubby had at that stage..Chris Watney. He was in Bellville Cape Town at that stage and have no idea where is now. And also do any of you know how I can get hold of the court records. I can't find a Chris Watney in Yellow or white pages neither a court in Caledon where the court case was.I feel like I'm running into a brick wall everywhere I have the date and case number but thats it!George Lombard in Sydney wants these docs and then see what he can do.Lindy-Lee Quote Link to comment Share on other sites More sharing options...
Michelle Posted September 19, 2006 Report Share Posted September 19, 2006 Hi LL,I have googled the contact details of the Caledon's Magistrate's court.http://www.capegateway.gov.za/eng/director...ties/9374/18957Hope it helps and everything works out for you! Quote Link to comment Share on other sites More sharing options...
Lindy-Lee Posted September 19, 2006 Author Report Share Posted September 19, 2006 Michellethanx so much I just found it as well. ....but thanx anyway. Going to call them today.Now just to find the lawyer. Thanx Lindy-Lee Quote Link to comment Share on other sites More sharing options...
Guest Jules Posted September 19, 2006 Report Share Posted September 19, 2006 (edited) Hi Lindy Lee, I found this - hope it's the right guy:Attorney: C Watney Firm: Watneys Prokureurs Address: Blok 2B Eenheid, 7 Oude Westhof Village Square, Van Riebeeckshof Straat Oude Westhof 7535 Telephone: (021) 913 1783 Fax: (021) 913 0149 Edited September 19, 2006 by Jules Quote Link to comment Share on other sites More sharing options...
Pippa Posted September 19, 2006 Report Share Posted September 19, 2006 Oh no LindlyLee, this is terrible. I’ve just spoken to my husband and he says that you should contact the Cape Law Society to get hold of Chris Watney. Alternatively you can contact the Law Society of South Africa. I also suggest that you phone Etienne Hugo urgently. Email: ehugo@internode.on.net (I think this is his email address at home)Email: ehugo@ppilaw.com.auWork tel: +612 9286 8700 / 1300 850 695 (within Australia)Please let me know if I can do something on this side of the ocean. I am in Pretoria, but I am more that willing to assist wherever I can.You are in my thoughts and prayers. Please don’t give up hope!Lots of Lovies,Pippa Quote Link to comment Share on other sites More sharing options...
Sam Posted September 19, 2006 Report Share Posted September 19, 2006 Sorry to hear about your predicament. Hope it gets resolved soon.Run an advanced search on BE forum using keywords. There are lots of interesting reading and case studies.http://britishexpats.com/forum/showthread....fusal+characterhttp://britishexpats.com/forum/showthread....ght=section+501 Quote Link to comment Share on other sites More sharing options...
Cindylou Posted September 19, 2006 Report Share Posted September 19, 2006 Hi LindyIf you want to talk to someone in Perth try Andrew Emmot - he's doing our app and was personally recommended to us. He's a great guy and I strongly suggest you phone him for a chat. His details: phone 0893871033email andrew@aavisas.com.auSuite 482 Reserve Street (Cnr Flynn Street)WemblyWA6014Good luck and holding all fingers, thumbs and toes that everything gets sortedC'Lou Quote Link to comment Share on other sites More sharing options...
Dedrei Posted September 19, 2006 Report Share Posted September 19, 2006 Geez, LL, kon nie glo wat toe ek lees van julle pridicament nie.Ek bid regtig vir julle dat julle die gemors vinnig uitsort en moenie moed verloor nie! Quote Link to comment Share on other sites More sharing options...
ExASP Posted September 19, 2006 Report Share Posted September 19, 2006 Kan nie help nie LL..ek hou maar duimvas dat alles goed afloop. Voorspoed Quote Link to comment Share on other sites More sharing options...
Guest Lara Posted September 19, 2006 Report Share Posted September 19, 2006 Gee you must be stressed. Sorry to hear about that. Hopefully you'll be able to sort it out.I must say how great everyone has been about getting useful information for you. Well done guys good team work!! Lets hope Lindy-Lee can stay. Quote Link to comment Share on other sites More sharing options...
Guest Sunshine Sister Posted September 19, 2006 Report Share Posted September 19, 2006 Hey Lindy-Lee,Aggenee man, jou arme ding !! Dis BAIE sleg. Ek hoop een van die legal beagles kan jou help, intussen dink ek elke oomblik aan jou en hoop ek jy het sommer gou vir ons goeie nuus.Ek dink aan jou en jou familie en ek is seker daar gaan 'n oplossing kom. Sterkte en laat weet asb as ek met iets kan help hier uit Sydney. Liefde, groete, drukke, soene, beste wense en gebede, jou chomSS Quote Link to comment Share on other sites More sharing options...
Riekie Posted September 19, 2006 Report Share Posted September 19, 2006 Hi LL - ek praat vanaand met manlief - PM jou môre weer! Vasbyt Forum Maatjie! Ons dink almal aan jou!!! Quote Link to comment Share on other sites More sharing options...
Guest B H Posted September 19, 2006 Report Share Posted September 19, 2006 Hi LL - Can't you request an interview with emmigration to state your case? At least you will become a real person to your assessor and not just a case number! This is bad luck and it can happen to anyone, we are thinking of you!!! Bronwyn Quote Link to comment Share on other sites More sharing options...
Lmari Posted September 19, 2006 Report Share Posted September 19, 2006 LindieBaie baie sterkte vir jou en die gesin. Mag julle net positiewe terug voer kry, sodat julle kan aanbly.Dink aan julle.L'mari Quote Link to comment Share on other sites More sharing options...
serileen Posted September 19, 2006 Report Share Posted September 19, 2006 Hallo Lindy-leeKan nie help nie, maar sal jou en jou gesin in my gebede hou.Moet nie moed verloor nie. Quote Link to comment Share on other sites More sharing options...
Lindy-Lee Posted September 19, 2006 Author Report Share Posted September 19, 2006 I don't know how to say thank you to all of you for all the support....you had me tears (literally). Thank you sooo much.Jules I don't know where you got Chris Watney's details...I search the net today but nothing. Hubby found a number that did not exsist anymore.... but never fear when Jules is near. Phoned the number and got hold of him. Thank you, Thank you, Thank you.ALL our friends have said they are prepared to give us character witness's.Now it's just getting the paper work in and hoping and praying.Once again thanx all of youWho ever said cyber friends can't be real.lotsa luvLindy-Lee Quote Link to comment Share on other sites More sharing options...
Guest Jules Posted September 19, 2006 Report Share Posted September 19, 2006 Thanks, LL - I'm so glad he's the right one. I found him here.Good luck with everything and here's hoping it will all turn out well. LoveJulie Quote Link to comment Share on other sites More sharing options...
MOM Posted September 19, 2006 Report Share Posted September 19, 2006 Good one Jules!! LL, I hope you get it all sorted out soon. Quote Link to comment Share on other sites More sharing options...
Dreamcatcher Posted September 19, 2006 Report Share Posted September 19, 2006 (edited) Hi Lindy-Lee,I am praying that things will work out for you. The last thing any of us wants, is to have to go back to SA, once we experienced this freedom. My brother-in-law also had a problem with an old case regarding a bar fight, and he had somehow forgotten he had a record for that. I know they had to get statements and character references, and some other things. They had help from a lawyer, and it was all sorted out eventually. They did get their PR. It all happened 5 years ago, so I don't have the exact details, but I just wanted to let you know that it can be done. I know it is not the same circumstances, but I hope it works out for you too.You can't go back! We haven't met yet!!!! Lots of love and good wishes, Greetings,Dreamy Edited September 19, 2006 by Dreamcatcher Quote Link to comment Share on other sites More sharing options...
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