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Ask Mark! - Page 3


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  #21 (permalink)  
Old 01-27-2014, 02:07 PM
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Glad I could help, AIOO!

Best,

Mark Northam

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Mark Northam
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MARN 1175508
Sydney, Australia
http://mnvisa.com mark@mnvisa.com

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  #22 (permalink)  
Old 01-27-2014, 02:40 PM
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Users Flag! From australia

Hi Mark,

My best friend visa was refusal from MRT due to not satisfying the health requirements. Visa(886) was refused because of his HIV status. His migration agent is planning make a submission to Minister in intervene on his case under section 351.

Does really minister care about the his current job status, skills and support from non profit organisations like QPP, PD and support letter from local Federal MP.
whats is the success rate of 351 section any advises and suggestions are appreciated.

please let me know.
Thanks.


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  #23 (permalink)  
Old 01-27-2014, 02:40 PM
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Great thread idea, Mark. Can't thank you enough for all you do here!

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Visa #2: Subclass 820 (From PMV)
Nationality: US
Applied: Online, Onshore through Sydney Office
Application Date: 24 April 2014
Police Checks: Not neccessary as completed for PMV
Medicals: Not neccessary as completed for PMV
VISA GRANTED: 7 July 2014

Original PMV visa through Washington, DC. Took almost 9 months. Medicals referred (cleared in just a month). PMV granted 03 January 2014.

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  #24 (permalink)  
Old 01-27-2014, 03:29 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Swavik -

Thanks for the questions. Re: a period of work for the same company referenced on an ACS result letter, in the same position, for a period of time AFTER the ACS skills assessment was submitted up until the current date, generally DIBP will be fine with this if you submit a letter from the company stating you continue to be employed there in the same role that was assessed by ACS, and that you provide payslips or other evidence to prove payment for the duration of the employment (including the ACS-assessed and post-ACS periods to the current date). As with any work references, they are subject to whatever assessment DIBP wants to do to ensure they are comfortable that the work is closely related to your occupation and legitimate, etc. which can include contacting the employer by phone, site visit, etc as DIBP deems necessary to properly assess the work. However in the area of assessing whether the work is closely related to your nominated occupation or not, DIBP policy is to look to the skills assessor to make this determination.

Re: how long, no way to tell - DIBP do not have any sort of processing standards that are meaningful in terms of any good prediction of time.

Hope this helps -

Best,

Mark Northam

Hello Mark,

Thank you for your prompt and helpful reply...

Regards


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  #25 (permalink)  
Old 01-27-2014, 03:46 PM
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Employment end date (maternity leave) for 190 visa

Hi Mark

We've just received a positive result for our Vetassess assessment and are now planning to apply for ACT SS. My wife is the primary applicant.

We're not sure what to state as her final work experience date due to minimum hours worked when applying for a 190 visa as she commenced maternity leave on 3 Dec 2012. She took the full year off, which was on full pay for the first few months and then a percentage of her pay thereafter. She decided not to return to work and her official employment termination date was 31 Dec 2013. We had assumed maternity leave would be part of our employment experience, as its considered continuous employment here in
the UK, but on further research believe DIBP don't take into account maternity leave for employment when applying for a 190 visa, one would assume especially if you don't return to work. Does anyone know otherwise?

We have sufficient points to play safe and claim from 4 Dec 2012, rather than 31 Dec 2013. The only thing that may pose a question by DIBP is that we have a reference and duty statement signed by her manager in Nov 2013 which obviously states she is still employed by the company at that time. Is it still valid to submit, or will the dates cause confusion?


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  #26 (permalink)  
Old 01-27-2014, 09:08 PM
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Hi Red -

Sorry to hear about your friend's refusal. Re: Ministerial Intervention (MI) requests, here's official data:

http://www.immi.gov.au/media/publica...ia-2012-13.doc

Here's info about the process:
Ministerial Intervention

In short, the majority of these fail, however as it's a last-chance provision to get a visa depending on the charity and benevolence of the Minister (and his/her staff depending on the circumstances), that's not surprising.

Simply put, anything that can add credibility, compassionate or compelling circumstances to an application is fair game for a MI request document. You're essentially begging the Minister for a visa, so the focus shifts from the actual merits and facts of the case, migration law, etc (as it is at the MRT) to compelling reasons in the public interest that fit what the Minister has decided are his guidelines as to what types of cases he will consider.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by red55199 View Post
Hi Mark,

My best friend visa was refusal from MRT due to not satisfying the health requirements. Visa(886) was refused because of his HIV status. His migration agent is planning make a submission to Minister in intervene on his case under section 351.

Does really minister care about the his current job status, skills and support from non profit organisations like QPP, PD and support letter from local Federal MP.
whats is the success rate of 351 section any advises and suggestions are appreciated.

please let me know.
Thanks.

__________________
Mark Northam
Immigration Lawyer

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg)
MARN 1175508
Sydney, Australia
http://mnvisa.com mark@mnvisa.com

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  #27 (permalink)  
Old 01-28-2014, 02:18 AM
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Posts: 1
Users Flag! From france

Smile

Hi Mark and thanks for sharing your knowledge with us on this thread!

I have a question about flagged occupations. I would like to apply for a 189 visa as an actuary.
Actuary has been a flagged occupation for the last 3 years now (from 2011).

What are the chances that this occupation (or any other flagged one) is removed in July 2014?
Do you have any information regarding this subject?

Thanks!


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  #28 (permalink)  
Old 01-28-2014, 03:58 AM
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G'day Mark

Thank you for all that you do on the site and for the guidance you have given my fiancée and I in the past.

I now have another question that I could use your help with.

We have a subclass 300 (PMV) submitted as received this month. My fiancée lives in Indonesia and is finishing up with working there at the end of March. She is under 30 and we were wondering if it is possible to apply for a 417 (WHV) she is a UK citizen so she is eligible at least on that side of things. I sent an email to the Hobart section that deals with those types of visas and they said that she had to have a genuine reason to apply whether that is tourist, work or visiting family. The way they worded it suggested that they don't like the idea of people coming over in case it is just to wait for the 300 decision. Now she genuinely wants to work while here so in your experience, would that be sufficient grounds? We have to inform them about the pending PMV so will that stop her being allowed in?
And as long as she is offshore when the 300 is decided upon
Does that make sense?
Thank you in advance


Last edited by markmc; 01-28-2014 at 04:03 AM.

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  #29 (permalink)  
Old 01-28-2014, 04:30 AM
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Posts: 21
Users Flag! From newzealand

Hi Mark,

I haven't got my other questions answered on this forum I posted last year so perhaps you could clear it out for me.

Basically I'm on current visa SCV444 and applying for subclass 802.

Would I need to apply bridging B visa for the travel? as my SCV444 do get cancelled when I fly out of Australia and get a new SVC444 (I guess it would have different visa grant numbers) as my current SCV444 showed "single entry only" on VEVO.

Thanks


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  #30 (permalink)  
Old 01-28-2014, 05:12 AM
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Posts: 58
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Hi Mark,

So great to see someone offering time out of their day/night to assist us less knowledgable peeps!

I have a quick-ish question regarding my family.

I am sponsoring my partner with her application to move to australia. Subclass 309.

We are submitting the documents to the visa application office in Bangkok this week.

I have been living with her in Thailand for 5 years and we are married.
We have 2 children together which both have citizen by decent, one 4yrs and one 4 months, both also have Australian Passports.

Once her documents have been submitted we would like to travel together to Australia to help start to set up for our life there.

My question is: Should my wife be ok to travel to Australia on a tourist visa while awaiting the TR visa to be granted. I have read that you need to inform immigration if you intend to travel while awaiting the grant of visa.

OR:
Do you think we are better applying in Australia? And if so can she apply in Australia while on a Tourist visa?

We really don't want to be apart for the sake of our children and I need to return for work in March.

Many thanks for your help in advance.

Lachlan


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