Journey to Oz

Ep 1: Grace from England

October 18, 2021 Nick Season 1 Episode 1
Journey to Oz
Ep 1: Grace from England
Show Notes Transcript

In the first episode of the Journey to Oz Podcast we speak to Grace about the challenges of migrating from the United Kingdom to Australia during the COVID-19 Pandemic. We also discuss the current travel exemption requirements and potential changes to the family visa sponsorship process. 

If you like what you have heard please subscribe and leave us a review. 

The Journey to Oz Podcast is produced by: 
Nick Hansen from Hansen Migration 
MARN: 1679147
www.hansenmigration.com.au
Evan Bishop from Worldly Migration
MARN: 1679414
www.worldlymigration.com

Any information discussed in this podcast is made available for entertainment purposes only and is not intended as a substitute for professional advice. We do not make any guarantee or accept any responsibility for the accuracy and completeness of any of the information discussed. The laws of Australia can change without notice and we do not have a duty or obligation to update any information. Listening to this podcast does not mean you have an agent to client relationship with Hansen Migration or Worldly Migration or any associated Migration Agents, lawyers or other service providers. You should obtain advice from a Registered Migration Agent or an Immigration Lawyer before acting on any of the content discussed in this podcast. You can find a list of Registered Migration Agents by visiting www.mara.gov.au. 

The information contained within this podcast may not be reproduced without our prior written consent. 

In the spirit of reconciliation, we acknowledge the traditional custodians of land throughout Australia and pay respect to their elders, we extend that respect to all aboriginal and Torres Strait Islanders today. 

Thank you for listening. 

Evan:
Welcome to the very first episode of Journey to Oz, the podcast where we share inspirational migration stories from overseas to Australia. We are both registered migration agents, Nick, who specializes in family visas, and myself, Evan, who specialize in employee sponsored visas. Over the years, we have helped many clients who have very stories to tell. So Nick, to kick off, what'd you have for us today?

Nick:
I spoke to Grace, who met her Australian partner, Andrew, in the UK a couple of years ago, and they commenced a long distance relationship. So after visiting Andrew in Sydney, she decided to relocate to Australia to be with him long term. But then the Australian border closed a few days later, so that Australians could be protected from the COVID-19 pandemic. So I talked to her about her unsuccessful efforts to return to Australia, and how much of an emotional toll it took on her and the relationship. So they spent about a year apart because of the pandemic. And they're now living happily in Sydney. Since this interview, the Australian government has made some announcements, which we'll discuss after this interview. But to kick it off, I started by asking Grace about where she grew up.

Grace:
I grew up on the south coast of England, in a county called Dorset, in a tiny little village. And I lived there for about 20 years. So I went to school there, had a job once I left school, just in a pub for a year. And then I moved up to London in 2014, because I wanted to start working in theater. So I got a job in a small theater in London, in 2014, and kind of stayed there until last year. Or this year, yeah.

Nick:
Yeah. Nice. What sort of work were you doing in the theater?

Grace:
I started out just as a young... it was called a young associate, and I was doing facilitating over sixties, and I was doing a bit of producing. And then from that, I realized I wanted to go into the producing. 

Nick:
Okay. 

Grace:
So from there I got a bigger network and went into theater producing from there.

Nick:
So you're in a relationship with Andrew now, where did you actually meet?

Grace:
Well, after working in the theater, I moved to a recruitment firm, and I was working for a guy, who's Australian, and he was getting married to a nice English girl. And they decided to invite the team at work. So we all went up, and I was just listening to the speeches at the wedding. And at the time my boss was trying to set me up with one of his other friends, and I just wasn't interested. I said, oh, I'm only interested in your MC, he's absolutely hilarious. Anyway, his MC was Andrew. And luckily for me, Andrew was single. 

Nick:
Was he living in the UK, or did he travel to the UK specifically for the wedding?

Grace:
No, he was literally just there for the wedding. So it was like a very-

Nick:
Right. Okay. 

Grace:
Yeah, it was a very quick introduction. And then kind of trying to figure out how our relationship would work, because I hadn't planned to go to Australia, and he hadn't planned to stay for any longer than the wedding.

Nick:
So he returned to Australia straight after the wedding basically?

Grace:
Yeah. Yeah, he did. And then-

Nick:
Okay.

Grace:
So we were basically long distance from day one. 

Nick:
Yeah. Right. 

Grace:
I guess I never really believed in this whole, like when you know, you know.

Nick:
Yeah. 

Grace:
I always used to roll my eyes at it. 

Nick:
Yeah. Right. 

Grace:
But as soon as we met, we just clicked, and it was just from the day we were introduced, we just messaged and called every single day, without fail. There was no games or anything involved, we were just both fully committed, which it was really helpful, actually. Neither of us were kind of held back, I guess.

Nick:
Yeah. I guess when you know, you know, Hey? So when did you actually see him again in person?

Grace:
Well, it took... gosh, so the wedding was August, 2019. 

Nick:
Yeah.

Grace:
And then in December we basically decided that I'd come to Australia and visit, like on a holiday and meet his family and friends and everything. 

Nick:
Yeah. 

Grace:
So I'd booked to come in March, 2020. So that was the next time that we saw each other.

Nick:
Okay. So you traveled to Australia in March. So basically just before the pandemic hit in Australia.

Grace:
Yeah. Well, it was funny because COVID was, looking back at it now, COVID was kind of being talked about, but not really the biggest worry. I think maybe we were all a bit naive about it. So I flew out not worrying one bit.

Nick:
Yeah. We were all preoccupied with the bush fires from the summer. It was summer, it was just going into sort of autumn, and then COVID was sort of something that was happening in China, and that was it. We never really thought that it was going to be the pandemic that it has become. So when did you return to the UK then?

Grace:
I returned... I think my flight was the 15th of March. 

Nick:
Okay.

Grace:
And I remember being on the flight, and COVID was a tiny thing, and no one was wearing a mask, and the flight was packed. 

Nick:
Yeah. 

Grace:
And so there was no real worry. After being here with Andrew, we had decided whilst I was here, that I was going to go home and basically resign and pack my stuff up and come back to Australia. But there was no worries at the time. I was just like, I'm just going back. I'll be back in a month or so.

Nick:
It unfolded really quickly, because you left on the 15th of March, and then the Australian government announced they were closing the borders to everyone, pretty much. At that point, they'd closed the borders to China, South Korea, Iran and Italy. And that was it. So on the 20th of March, Australia closed its borders to everyone except for Australian citizens, permanent residents, and temporary partner visa holders and temporary child visa holders, and New Zealand citizens that were resident in Australia. So initially they made exemptions available to immediate family members of Australian citizens. So spouses, de facto partners, children, and a few other categories like diplomats, workers with skills, all this sort of stuff. So they have since opened it up slightly, but it's still quite difficult. Did you have any hurdles trying to get back into Australia after they closed the border?

Grace:
Well, at first I think because it was a completely new thing, like we've never lived through borders being shut like that, I didn't panic at first. I thought it'd be like one or two months, and then they'd open everything up. But once we realized, I think we read it could be six months, and then it was just getting worse and worse, we decided to look into alternatives.

Nick:
Such as?

Grace:
As like getting an exemption. But at the time I didn't really know that that was a thing. So I actually joined a Facebook group with like all partners that have been separated, and there was so much information on that. Maybe a bit too much that I was reading into, but it did show me that there were options of getting there if you really had all of the proof and everything, which I believed we did have. Obviously it was quite difficult to prove when we hadn't been actually physically together for a huge amount of time, but we decided to apply for an exemption. And I thought I'd gathered... I think I had like a 60 page document on our relationship, and it took me hours and hours. Luckily we were in lockdown in London, because it gave me the time to do it, to be honest. But we applied for an exemption, and within maximum 12 hours we got rejected.

Nick:
Do you remember what date that was approximately, when you did the first exemption request?

Grace:
I actually can't remember. 

Nick:
Because early on in the pandemic, because you registered your relationship in new south Wales, which is what a lot of couples do, because you can apply for a partner visa if you've registered your relationship. 

Grace:
Yeah. 

Nick:
Normally if you're applying on defacto grounds, you'd have to have lived together for 12 months. But registering the relationship is a way around that. 

Grace:
Yeah.

Nick:
So early in the pandemic, we were actually seeing exemptions get granted on the basis of a registered relationship. But that slowly... well, not even slowly, it quickly changed, and they just became more strict on their interpretation. So how many attempts did you end up having going for the exemption?

Grace:
Way over 10.

Nick:
Oh, really? Wow. 

Grace:
Yeah. Yeah. It was multiple.

Nick:
Oh, I didn't realize it was that many. Wow. Okay.

Grace:
And it was just as emotional every time we got the rejection, because for some reason I'd tweak the application a little bit, or Andrew would get more 888 forms, which are the statutory declaration forms from like friends and family, and we'd work together to make the application better. And for some, you'd just hope that that little tweak would just get you over the line, and it didn't. 

Nick:
Yeah. 

Grace:
And then I think being a part of the Facebook group was helpful, but it was also very frustrating because you could see people getting these exemptions, with maybe a lot less evidence than we actually had.

Nick:
So we started talking in November, 2020. And at that point, as I say, we were experiencing the same thing. We had a few clients that had exemptions rejected on the basis of a registered relationship. But what we were experiencing was we were seeing partner visas getting granted on the basis of a registered relationship. Mostly people who were in Australia were living together and applying for a partner visa. But in theory you could apply for a partner visa outside of Australia, and the requirement should be pretty much the same. I suggested applying for a partner visa. What were your initial thoughts on that?

Grace:
At the start, I think I was a bit thrown by the timeline, where it could have been like 12 months or even longer that you're waiting for the acceptance or decline of the visa. But then I think the realization that we could just have kept getting rejected from an exemption, which would've meant an immediate entrance. So I spoke with Andrew, and we decided to go with the partner visa because we knew that once that was granted, that visa, we would be given a head start rather than coming over on a tourist visa and then trying to apply for a partner visa here. So yeah, after speaking to you and you outlining that if we could get a partner visa I'd be able to come over without an exemption, that was the biggest thing for me.

Nick:
Yeah. Okay. Fair enough. Yeah. I mean, that's one of the benefits. The partner visa is actually one of the best visas to have during the pandemic, especially the temporary one. You don't need an exemption to leave Australia, and you don't need an exemption to enter. So it's beneficial. And the other benefit of applying for an offshore partner visa is you have work rights from the day you enter Australia. 

Grace:
Yeah.

Nick:
Whereas, not that you can work straight away, but you have work rights. Whereas, if you came on say a visitor visa, you're three months without work rights, which you could earn a lot of money in three months and basically pay for the visa application. So it makes a big difference. So we lodge the partner visa application. I've got the dates here. 8th of December, 2020. 

Grace:
Yep. 

Nick:
Did you go for another exemption after we'd lodged... Actually we did. We did one exemption request after we'd lodged a partner visa application, because I thought that they might look at it and say, oh, you've got a pending partner visa application. That's further evidence of the relationship. 

Grace:
Yeah. 

Nick:
And we used the exact same evidence that we did in the partner visa application, and they knocked it back within about two days. So another one.

Grace:
That was one, I think, we were pretty hopeful for as well.

Nick:
Yeah. I was too.

Grace:
You kind of always, in the back of your head, kind of thinking, okay, just brace yourself, it might not come through. But then there's that hope that it will.

Nick:
Yeah. I think from memory, you tried to do another exemption request after that, didn't you?

Grace:
We did try another one. It was just before our visa was actually granted. We actually didn't hear back from the exemption. And then we had the email from you, who come through saying it was granted. And then the next day I had an email from the exemption saying you don't need an exemption.

Nick:
Did you have a confirmed visitor visa at that point? 

Grace:
Yeah. I had a working holiday visa.

Nick:
Oh, okay. Okay. Yeah. So what we were noticing, or what we have noticed, is that if someone has a visa and they apply for an exemption, and they have a pending offshore partner visa application, that sometimes triggers the department to process the partner visa application. So in your case, you lodged the application on the 8th of December, or we lodged it on your behalf, and then it was granted on the 10th of February. So it ended up being reasonably quick. The interesting thing being that you can be granted a partner visa that allows you to effectively live in Australia for the rest of your life, as long as your relationship continues, but you couldn't be granted an exemption with the exact same evidence, which is effectively just something that allows you to come to Australia for a few months, on a working holiday or a visitor visa or whatever temporary visa. So it's a bit of a head scratcher, to be honest.

Grace:
It really is. I struggled to get my head around it, for sure. Like I think it was the time in which they rejected each exemption. There was no way that it could have been thoroughly read through. And I completely get that they must go through thousands of these. There's thousands of people in this position, and they must be inundated. 

Nick:
Yeah. 

Grace:
But the only real reason I can imagine is that they're looking for people that are going to stay in Australia and not keep coming and going, rather than just tourists. And I had to reason with myself a bit with that.

Nick:
Did you have any trouble getting flights to Australia?

Grace:
Well, I had read a lot about the bumping of passengers. So people booking and even turning up to the airport ready to go, and the airline saying, sorry, you can't board. We don't have enough beds for you at the other end. 

Nick:
Yeah. 

Grace:
And so I'd seen lots of people saying that business class was way more reliable, because the airlines are less likely to bump you off because you're in business class. So Andrew and I spoke about it, and he deals with a travel agent through work quite a bit. So she's quite a trusted travel agent with him, and we went through her.

Nick:
Okay.

Grace:
Her name's Helen, and she managed to book me on a business class flight. But to be honest, we were very fortunate to be able to afford it, because it was extortion.

Nick:
Yeah. Yeah. Do you want to share how much it was?

Grace:
Yeah. It was very, very close to $10,000.

Nick:
For one way ticket, London to Sydney?

Grace:
Yeah. Not many people would be fortunate enough to be able to have afforded that. And we were just in a lucky situation where we could.

Nick:
Yeah.

Grace:
But yeah, it's really difficult. And I know that there was one... I think I was on a big Singapore airlines flight, the huge planes, I don't know which model, but there was 17 people on my flight.

Nick:
The entire flight?

Grace:
Yeah. 

Nick:
Wow. Were they all in business?

Grace:
No. Funnily enough, there was five of us in business, which was nearly a full business flight, and then there was hardly anybody in economy. So we weren't spread out. I had one person in front of me and one person behind me, so we weren't spread out as such.

Nick:
Maybe it's just easier to serve everyone if they're in the same spot. But interesting, yeah. The reason why flights are so difficult is, I kind of mentioned it a moment ago, but the limitations on how many people can go into quarantine at any one time. So the state's set the limit on how many people can enter each city. So you could have an aircraft that is traveling with 30 passengers on board, when pre pandemic that same aircraft could have 300 passengers on board. And instead of 300 passengers paying for tickets, you've got 30. 

Grace:
Yeah. 

Nick:
I've heard of even economy class from New York, one way, being $10,000 or more. It's out of control. What was it like spending two weeks in quarantine?

Grace:
I had ups and downs. Like when I first got there, I had a really lovely room. I was actually very lucky, because I was sat at the front of the bus when I got there, and they called for any couples to come out first, and there were no couples on the bus. I think there was two people before me, and then me. So I think I ended up in a couple's room, which was very lucky, because I had like two plates and two bowls and two knives and forks and stuff. So I was very lucky. 

Nick:
Nice. Nice. Small victories. 

Grace:
Yeah. Well, it's such a nerve racking experience, because you land, I'm completely traveling on my own. You land, you go through security, it's a ghost town in the airport, and you get to the buses and they say you traveling as a family or on your own or as a couple? And then they put you in a bus, depending on what you answer. 

Nick:
Oh, right. 

Grace:
And then from the bus, they don't tell you where you're going. You just drive. So I'm like in a completely new country, just driving in this bus, with all my trust in these people, taking me to some random hotel that I didn't know. Once I got there, it was just a relief to know where I was. I was 10 minutes away from Andrew, which was unbelievable. Just very excited to be in Australia.

Nick:
Yeah. So when did you actually get reunited with Andrew?

Grace:
The 28th of March was my release date. 

Nick:
Yep.

Grace:
And we were given a time. So because I flew, I landed in the evening, I was allowed out from 4:00 PM onwards. And so you book a slot. But obviously I think I was about five minutes late to call reception, and by the time I'd called, I couldn't have the first two slots to leave the hotel, because you have to go one by one. 

Nick:
Right.

Grace:
And so anyway, he picked me up outside the hotel. I think it was about 5:00 PM. 

Nick:
Okay. 

Grace:
And I can remember going down in the lift so clearly. I was shaking and just couldn't believe that this was it. We've made it after 12 months of trying to get to Australia again. I'd finally made it.

Nick:
Wow. What was it like being reunited with him?

Grace:
Oh, it was amazing. I had to deal with the sign out and everything at the hotel, and then I saw his car pull into the reception. And yeah, it was incredible. We were both shaking and just didn't even know what to do I guess. And then we just chucked my bags in the back of the car and drove straight to Clovelly beach, in Sydney, and he had champagne and a little picnic, and we went for a swim. It was so lovely. It was a very nice day as well, so I was lucky with the weather. 

Nick:
And how have you settled into life in Sydney? It's been what, six months now?

Grace:
It's been great. The first few months were really amazing. We were nonstop. We went to restaurants, and Andrew's got a very large family, and Easter we went up to Toumba, in Queensland, and spent it with his family, and introduced me to so many different people, so many friends. I've managed to get a really good job that I'm absolutely loving, and I'm meeting people through work, and everybody's just so welcoming to be honest. And you also meet a lot of English or Irish people, and you obviously click, like you have a little clique with them, I suppose. But then we've been in lockdown since I think it was the end of June we went into lockdown. 

Nick:
Yeah. 

Grace:
I've kind of done half out of lockdown and half of my time in, so I'm looking forward to going out and exploring again, and going to the regions and stuff.

Nick:
And what are your plans long term? Are you planning on staying in Australia or going back to the UK?

Grace:
No, definitely staying in Australia. We're really settled and definitely planning, hopefully have some kids and settle down in Sydney, I expect. 

Nick:
Fantastic.

Grace:
So yeah, definitely. I do love it. It's been a very easy move, especially considering it's the other side of the world.

Nick:
Yeah. Yeah. No, it is a long way. It is a long way. I lived in the UK for about a year, and I felt... I mean, even though it's an English speaking country, and everyone was really nice and I got along with everyone I worked with, it still does feel like a long way away.

Grace:
Yeah. It does. You can't just pop home.

Nick:
No, that's right. No, it's not like your parents are in France and you can just duck across.

Grace:
Yeah.

Nick:
Thanks for joining us today, Grace. I really appreciate it, being the first cab off the rank of many podcasts. So yeah, thank you.

Grace:
Pleasure. Thanks for much for the chat.

Evan:
Nick, that was a fantastic chat with grace, and I really love her tenacity, and how they applied so many times, but just kept persevering. And then the assistance you were able to give, and the different spin on that application process itself. And I guess what Grace and her partner went through, it's probably not going to be around forever, because there's been some ruckus in the media recently about potential changes to this process moving forward. Can you clarify a bit more on that for me?

Nick:
Yeah. Sure. So to give some context, it's currently mid-October, 2021, and the Australian border has been closed for around about 18 months. So up until now, Australian citizens and permanent residents could enter Australia without an exemption, but have required an exemption to leave Australia, which has been quite difficult to get. So the most common approvals we've seen is for persons needing to travel for work, or persons traveling overseas for a long duration, maybe to care for a sick family member or to get married or something important like that. The Australian government recently announced that from November, 2021, that fully vaccinated Australians will be able to travel overseas without needing an exemption and will be able to home quarantine for seven days upon return, which is compared to the 14 day hotel quarantine, which costs approximately $3,000 for the stay for a single person, and is also capped at how many people can enter Australia at the same time, which is pushing up the flight prices, which grace and I discussed.

Evan:
And does this affect temporary visa holders at all?

Nick:
So at this point nothing's changed for temporary visa holders. So temporary visa holders can still leave Australia without an exemption, but returning is the challenge. So exemptions can be granted to immediate family members of Australian citizens and permanent residents, which includes spouses, defacto partners, and children, but does not include parents, unfortunately. So temporary partner visa and dependent child holders are automatically exempt, meaning that they do not need to apply for an exemption. So recently it was also announced that prospective marriage visa holders, who applied for their visa more than 12 months ago, will be given an exemption. There's also exemptions available to certain skilled workers, which you can probably explain in a bit more detail.

Evan:
Yeah, absolutely. I mean the employee sponsored visas are my core business, and the border closure has prevented temporary visa holders who are employee sponsored visa holders to be able to come to Australia as well. There is a priority migration skilled occupations list, where the Australian government has identified certain sectors and certain occupations which are very beneficial to have these workers in Australia and give them, as it sounds priority processing. But I've been able to still have travel exemptions for people to come to Australia and bring their families for the employer sponsored visas, which fall outside of that priority occupation list. 

Evan:
It's a completely case by case argument, just as what you are going through with the family visas for the travel exemption. In the case of these critical workers in these different sectors, does the benefit of having someone come to Australia for full-time work outweigh the risk of the potential virus that they might be bringing with them? So it's completely case by case, and it's looking at the Australian business, who is looking to sponsor individuals. So no two instances are the same, but yeah, we've definitely had some success at Worldly migration bringing priority list and non-priority list occupations out during this pandemic. 

Nick:
Yeah, it definitely is case by case. We saw a case where we tried to get an exemption for a family in Ethiopia, who is in the midst of a civil war at the moment, in Ethiopia. And we tried to get an exemption on compelling and compassionate grounds. And apparently that wasn't compelling and compassionate enough. So it's definitely done on a case by case basis, and it's dependent on the argument. But we find, from a family perspective, it's generally long term relationships and children of Australian citizens and permanent residents that are likely to get an exemption. But to summarize, nothing has really changed for temporary visa holders. The announcement recently didn't cover temporary visa holders at all, and there's no indication as to when that will be changing. 

Evan:
And we just need to roll with the punches accordingly, as always, during these uncertain times. 

Nick:
Yeah, that's right.

Evan:
Back to more your domain, is there maybe potential changes happening to the family sponsored visa sort of approval process? Is there anything you can elaborate on there?

Nick:
Yeah. So currently you can lodge a family visa application and then lodge the sponsorship application afterwards. So just to clarify, family visas include partner, prospective marriage, parent, and child. So what is going to change is that the sponsor has to be approved before a family visa application can be lodged. And the reason why they're making these changes is that they want to screen sponsors for character mostly. So they were finding that there were sponsors who were being the perpetrators of domestic violence, and they want to be able to notify a visa applicant that their sponsor is not of good character before the applicant goes ahead and lodges the visa application. Now, this is rumored to be happening in November, 2021. So as we talk today, sometime within the next three or four weeks. But I have to stress, it is just a rumor. We don't know for sure that it's going to change.

Evan:
If that change did occur, and when it does, is that likely to change the lodgement process, and would that vary between onshore and offshore applicants? 

Nick:
So it's not going to affect offshore applicants so much, because their sponsor can apply to have their sponsorship approved. And then the visa application can be lodged. So it's still probably going to take roughly the same amount of time in total. It's just that one needs to be done before the other. Where it's going to have a bigger impact is for onshore applicants, especially onshore applicants who hold a short term visa. For example, if you were in Australia holding a visitor visa and you wanted to apply for a partner visa, and that visitor visa expires in say two months time, because most visitor visas are valid for three months. You can get them for longer, but most people come on a three month visa. 

Nick:
Now, if it takes longer than three months for the sponsorship to be approved, there's the possibility that the applicant's visitor visa could expire in the meantime, and they're not able to lodge a partner visa application or a family visa application, because the sponsorship hasn't been approved yet. And you can only get a bridging visa on the basis of lodging a visa application, not a sponsorship application. So that's where it could have a massive impact. And it's going to take a lot more fore planning to be able to make sure that the timing of the approval of the sponsorship is going to align, so that it gets approved before the previous visa expires.

Evan:
Listeners will need to stay tuned to the podcast, and we'll keep you updated in layman's terms and what it means practically once we've got some tangible news to actually share fit and proper. Thank you for listening to the first episode of Journey to Oz. If you've liked what you've heard, please subscribe and also leave us a review. Stay tuned for the next episode.

Disclaimer:
The journey to Oz podcast is produced by Nick Hansen, from Hansen migration, migration agent registration number 1679147, and Evan Bishop, from Worldly migration, migration agent registration number 1679414. Any information discussed in this podcast is made available for entertainment purposes only and is not in tended as a substitute for professional advice. We do not make any guarantee or accept any responsibility for the accuracy and completeness of any of the information discussed. You should obtain advice from a registered migration agent or an immigration lawyer before acting on any of the content discussed in this podcast. You can find a list of registered by visiting mara.gov.au. The information contained within this podcast may not be reproduced without our prior written consent. In the spirit of reconciliation, we acknowledge the traditional custodians of land throughout Australia, and pay respect to their elders. We extend that respect to all Aboriginal and Torres Strait Islanders today. Thank you for listening.