When dual Argentinian and Italian citizen, Barbara Sanchez married her long-term Australian partner, Lyndon Tyers in January 2015, she dreamt of starting a family in her husband’s hometown of Brisbane.
But thanks to the rejection of the couple’s second partnership visa application by the Australian government, Barbara now has 28 days to leave the country she calls home before facing deportation.
"My wife and I were shocked to receive the unexpected news that after applying for the second time our Partner Visa, with no valid reasons, had been rejected again," Barbara's husband, Lyndon wrote in a Change.org petition.
"We were told that Barbara is being deported and has 28 days to leave Australia, the country in which she has been living for the past 7 years, the country after all these years she calls home."
With the couple's "future at risk", Barbara and Lyndon are seeking help from the public to force the government to reconsider its decision.
"Even with the explanations, evidence of our life and the love we have for each other it is not enough to convince the AAT that my wife should stay with me, her husband, in Australia," he said.
To stay together, Barbara and Lyndon have three options, none of which include continuing to live the life they've built together here in Australia.
It is proposed Barbara can live off-shore - with or without her husband - for up to two years or as long as it takes for the Partner Visa to be approved. The couple could also live in Singapore with Lyndon's brother, or move to Barbara's native Argentina, or Italy.
"I am an Australian citizen and it is being proposed that I leave my own country," Lyndon said of having to relocate in order to be with his wife.
"As an Australian citizen I don’t feel that my basic rights have been met."
Do you think the government's decision to reject Barbara's visa is fair?
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Together for over a decade, in Australia for 7+ years - WHY didn't she apply for AUSTRALIAN CITIZENSHIP, if it meant so much for her to live here? I don't get it, I read many cases where people have lived in Australia for around a decade, 2 decades even, even kiwis, and they never even bother to become naturalised and then complain when they are tossed out. While I sympathise with this couple, why not apply for citizenship as soon as you are eligible to ensure this doesn't happen? It is like an afterthought for some, they never consider becoming naturalised until they need to. They can't value living in Australia that much if it never occurs to them.
Kiwis can't become Australian citizens FYI
Yes, they CAN FYI!!! My workmate just recently got naturalised. ANYONE can apply for Australian citizenship! I don't know where on earth you got that idea from.
What I will say about partner visas is this- they are too expensive.
What I will say about this situation where the Australian sponsor of the rejected applicant says 'no valid reason' but no details are presented- nothing.
And the reason is, because I do not have their documents and application. This is the same reason I will never comment on the validity of asylum seeker's applications (except to say that the statistics I have seen suggest most boat arrivals meet the Australian criteria for refugees)
It is silly to encourage uninformed people to have an opinion on legal matters where they have neither the documentation nor qualification to be able to do so accurately.