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3M views 15K replies 4K participants last post by  Maggie-May24 
#1 · (Edited)
Hi All -

As a Registered Migration Agent, I'm happy to answer general questions as my workload allows, and always enjoy sharing information and knowledge with visa applicants. As more and more questions directed to me are ending up tacked on to unrelated threads, I created this thread specifically if people want to ask me a question. House rules:

* I cannot assess your specific case here - that's what consultations are for - see my website in the email signature below. It takes more time to properly assess a case than is practical for back&forth forum questions.

* Please include any info you can related to your question.

* I can't help you in the following areas: finding a job/sponsor, job prospects for specific occupations, how much time DIBP will take to [fill in the blank], what the chances of success are for your application, whether your evidence is sufficient, etc.

* I can help you in areas such as the requirements for various visas and skills assessments, procedural questions working with DIBP, MRT, etc, more complex visa issues such as cancellations, exclusion periods, condition 8503 and other conditions, refusals, reviews, ministerial intervention, MRT/RRT, etc

My workload keeps me very busy, so I am not always able to get back and respond to questions same-day, but will do my best. Please be patient. If a matter is very urgent, please contact me directly (contact info on website listed in my email signature)

I hope you find this helpful and useful.

Best,

Mark Northam
 
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#2 · (Edited)
Ooh! Me! Me! *waves hand in air frantically*

This is a general online application question for the spouse visa (but probably applies to other visas as well).

Is there a time limit for when we can continue to upload documents/evidence? Ie, can we just continue to upload more evidence as it comes to light until we are issued a case worker?

Will they assess evidence that occurred (ie new bills, new lease, new photographs etc) after the date the application was lodged or is sending in new stuff just a waste of time?

Thank you so much!!! Great thread idea!

P.S we are married if that helps so we aren't relying on extra evidence to fulfil any living together requirement or anything.

P.P.S I have seen a few people on here confused about whether The MRT will accept new evidence generated since the original application or whether they only assess the original application with no extras and I'd love to get a definitive answer for that :)
 
#3 ·
Hi Star Hunter -

You get the prize for the first question on the Ask Mark! thread! Here goes - and we keep answers quick and brief here for readability:

Re: additional evidence submitted after partner visa lodged: YES, they will consider it, and I've seen it make a HUGE difference in some cases. If a requirement is time-of-application (ie, defacto 12-month living together requirement) then additional info about living together BEFORE the time of application is good, but make sure you know whether a requirement is time-of-application (ie, must have been met at the time of application) or time-of-decision (evidence can be considered and added up until the point of decision) - big difference.

Re: MRT: YES they will accept new evidence and it's the best part of the MRT in my opinion - think of the MRT like a new "decision" - if a requirement is time-of-decision, then you can submit additional evidence up until the point the MRT makes their decision. Same caveat applies re: time of application requirements - if a requirement is time of application and you do not meet it (ie, minimum IELTS score for some visas, etc), then MRT may not be able to do anything to change things since you cannot go back to the time of application and change things.

Hope this helps -

Best,

Mark Northam
 
#4,605 ·
hi mark, i have a query regarding eligibility for citizenship, i recieved my PR in 2009, entered Aus in Feb 2010 and went back to my home country 5 mths later. i then came to Aus in Sept 2013 and have been here since then.
i know that we have to spend 1000 days in Australia to be eligible for citizenship. will my earlier 5 mths be counted in this period inspite of my stay of over 3 years outside australia? plz help

n i do not have any property in Aus neither did i have any close close and continuing contact with Aus except for a few job n university applications that were all rejected.
 
#4 ·
That was brilliant! Thank you Mark!
 
#168 ·
Need a Reall Help



Hi Mark

Me and my wife is on 475 Visa i am the primary applicant....and my living and working conditioned is going to fulfilled in in Next dec 2014 and then i will apply for 887 . i am realy confused now because

1)i am sending my wife back to india for unavoidable social reason for next 1 year . does it make any difference to my 887 application or she need to be onshore with me at the time of application if i wanted to include her in my application.

2) Secondly i am staying in sharing with my friend and I am getting Electricity bills & Gas bill in my name for residential proof is this fine with DIAC ? for residential proof.. and i have already updated my living address to them

3) and at the time of 475 Visa application for spouse English language requirement i have submitted bonafied certificate from the Uni that she has done her graduation from English medium and they have accepted it so do i need to submit that again at the time of application of 887

it would be really great help for me if you give me your suggestion on my query

Regards
Bhagyesh
 
#6 ·
hey mark
thanks for yours cooperation with the people to help them, my PR was canclled due to the breaching of visa conditions, anyhow my wife and i wants to visit aus, coz my wife wana see some places there and want to see how the custom and life style of people in aus, so we r thinking to apply for 3 months visit, kindly can yu tell me is it right time to apply? and if yes how we can present our application in good way with possibility to be approved. as we belongs to high risk country. we have personal ties here like our families parents r living here, we have our own property here and my wife is governament teacher, so do yu think it will be enough to show them being genuine tourist? thanks
 
#7 ·
Hi Zaheerkhan -

Cancellation of a PR visa is a serious issue and, depending on the specific legal issues and regulations involved in the cancellation, can result in exclusion periods from Australia that prevent applications for some visas, especially temporary visas such as visitor visas.

Would need to do a consultation to have the time to properly assess all of the aspects of your case - too complex to do here as there can be many factors involved. See my website for more - thanks.

Best,

Mark Northam
 
#8 · (Edited)
Hi Mark,

silent reader and silent admirer for your kind efforts here to help members out.

Quick question - for migration purposes, is the skills assessment same as qualification assessments? I had my engineering qualifications assessed by EA. Do I still need to get my professional experience assessed by EA or some other regulatory body in Australia - in order to claim points for certain number of years professional experience?

Thanks
 
#10 ·
Hi Naylorus -

Thanks for the kind words! Some skills assessors assess your work experience and issue an opinion as to whether it is relevant to your nominated occupation code - ACS is one that does, EA does not. EA generally only looks at your educational qualification and (if applicable) your CDR submission to determine if you are "skilled". Other assessors such as ACS and VETASSESS have minimum work experience requirements in order to deem you as "skilled", so it varies widely from one assessor to another. Personally I think this is one of the more unfair aspects of the system, but until skills assessors have some oversight from DIBP or somebody, they will continue to operate as they wish.

Hope this helps -

Best,

Mark Northam
 
#9 ·
Hi mark,

My partner is on student sub572. We applied defacto relationship 03rd dec 2013. Her student visa expires on 27th Aug 2014, with the BVA activated on that date. Her course completion is on the 04th of Jul with the second sem starting on the 21st of Jul.

As there would be a gap between the 21st of Jul till the 27th of Aug, will this place her on BVE as her study is complete. Just want to ensure that will not affect the BVA or the application.
 
#11 ·
Hi Jdee -

Thanks for the question. I assume you mean that you and her have applied for a defacto partner visa (subclass 820/801 if onshore). If she has completed her course (early or otherwise) and you are waiting for the BVA to activate, there is specific policy at DIBP that says she should be allowed to let the student visa expire on its own and it should not be cancelled. Assuming you have a BVA pending from the partner visa application, the BVA will activate as soon as her student visa expires. I don't see a BVE happening in this instance assuming she has completed her coursework and there are no other issues that could affect things.

Hope this helps -

Best,

Mark Northam

Hi mark,

My partner is on student sub572. We applied defacto relationship 03rd dec 2013. Her student visa expires on 27th Aug 2014, with the BVA activated on that date. Her course completion is on the 04th of Jul with the second sem starting on the 21st of Jul.

As there would be a gap between the 21st of Jul till the 27th of Aug, will this place her on BVE as her study is complete. Just want to ensure that will not affect the BVA or the application.
 
#12 · (Edited)
Hi Mark,

My partner has completed her studies early and is now waiting for Bridging Visa A to come into effect once the student visa expires in August. I am sponsoring her on the 820 partner visa. Immigration know about it all and I understand her student visa can't be cut short.

However, my question is will she still have the working restrictions in place or can she happily search for full time work as she won't be going back when the semester begins?

We have asked the case officer if her restrictions can be lifted, or whether she has to do 40 hours per fortnight but no response unfortunately.

Similar topic to above, but definitely no BVE here.
Thanks,

Al00
 
#14 ·
Hi AIOO -

Thanks for the question. A person who completes a course as scheduled AND whose CoE is no longer in effect (ie, end date of course has passed) generally has unlimited rights for the remainder of the time the person holds a student visa. However if the CoE is still in effect and has not been cancelled by the education provider, and the end date on the CoE has not yet occurred (is in the future), this can raise a question as to whether the course is "in session" or not. You may want to have the education provider cancel the CoE as the course has been completed to avoid any misunderstanding. This technically gives the visa applicant 28 days to apply for another visa, etc. Since you already have done this, it clears the pathway for full work rights since the course is not in session. Additionally, in DIBP procedures, there is a specific guidance that states that a person who has completed their intended course of study and who has applied for another visa should NOT have their student visa cancelled.

Hope this helps -

Best,

Mark Northam
 
#17 ·
Thanks so much! The CoE has not yet been cancelled for some reason, however the university did issue the current one with her statement of completion and we have sent it off for evidence to our case officer. Will have to enquire about cancelling the CoE.

Would it all come down to an opinion in the end?

Thanks again for the quick and helpful response!
 
#16 ·
Hello Mark,

I read on this forum that the current work experience declaration which states , 'XYZ is working with ### since Jan 2010', is not considered because according to ACS this declaration does not have a END DATE...
Is it true..If yes then is the period not understood if a person is currently employed by the organization, and is having a dated letter on company's letterhead .
I have submitted the other three declarations with the start and release date..But the last one how can the company write the release date if i am currently working there.
I am saying so because i have don't want to come down on points just because of this..

I am still waiting for my application to go to stage 2.Submitted the application on 28 dec 2013..How much time does it take from stage 2 to stage 5 if nothing is asked for in stage 3

Thank you
waiting for your reply
 
#18 ·
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
 
#22 ·
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.
 
#26 ·
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/public...-intervention/min-stats-australia-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
 
#23 ·
Great thread idea, Mark. Can't thank you enough for all you do here!
 
#25 ·
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?
 
#34 ·
Hi Pilotg2 -

Better to be safe and not claim that much leave time as employed work. It may cause a bit of confusion, so would suggest uploading a cover letter to DIBP and lodge with the application explaining the situation.

Hope this helps -

Best,

Mark Northam

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?
 
#27 ·
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!
 
#36 ·
Hi Roms -

Thanks for the question - wish I had better news, but these things are not generally predictable in advance. Generally the new SOL and CSOL lists are effective as of 1 July of any year - suggest you try to lodge before that date if possible to reduce your risk. I have not heard anything specific about this occupation re: future issues.

Hope this helps -

Best,

Mark Northam
 
#28 · (Edited)
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
 
#37 ·
Hi Markmc -

Thanks for the question - it's a good one! Once you've applied for a sc300 fiance visa, it changes the processing dynamics for further temporary visas applied for, most commonly visitor visas. After all, a PMV application essentially has the applicant declaring they intend to remain permanently in Australia with their partner, while a visitor visa is supposed to be granted ONLY for purposes of a temporary stay. Yet visitor visas to those with PMV and partner visas (offshore) pending are routinely granted. This is because of DIBP policy that says that keeping a genuine partner relationship apart should be avoided (or otherwise considered) when assessing a visitor visa.

Bottom line: there is a lot more room for DIBP to be flexible re: visitor visa than they can with a WHV. Furthermore, the WHV is only supposed to have an applicant working as incidental to and to support the holiday - it's not really a "temporary work visa" the way a 457 is, despite the fact that many people use that visa in this way. In the end there's a higher likelihood of refusal for a WHV than for a visitor visa in my view, for people who have lodged PMV or partner visas and are awaiting the results. Is the WHV impossible to get if you have PMV pending? Nope. Is it harder to get than a visitor visa? Yes, in many circumstances. Also the WHV is generally a single-entry visa whereas visitor visa may be multiple-entry (more convenient).

Hope this helps -

Best,

Mark Northam

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
 
#29 ·
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
 
#38 ·
Hi Kiwiana -

As a NZ citizen (I assume), you are routinely issued a 444 temporary visa that lasts as long as you remain in Australia and ceases when you leave. On the next trip, you get another 444 for that stay, and on it goes. Generally you would not need a bridging visa in these circumstances, unless there was some reason to think you would not be issued a 444 when arriving in Australia going forward (ie, convictions, etc).

Hope this helps -

Best,

Mark Northam

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
 
#30 ·
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
 
#39 ·
Hi Lachlan -

Thanks for the note. Some thoughts for you on your questions:

* Would strongly urge you to lodge your partner visa online using the new ImmiAccount area - may provide faster processing.
* No problem coming to Australia while an offshore partner visa app is processing, however your wife will need a subclass 600 visa (assuming Thai citizen) in order to come here if she does not already have one of these visas that is valid. With that much living together and with children, the genuineness of your relationship should (hopefully) not be an issue and the visitor visa app should be approved quickly.
* If your wife is granted a visitor visa WITHOUT condition 8503 (no further stay), that opens the door for you to lodge the partner visa onshore (subclass 820/801) which means a bridging visa is granted and she could stay on after the current stay of her visitor visa ends and be in Australia on the bridging visa until a decision is made on the partner visa application.
* If the visitor visa DOES have condition 8503, that generally prevents onshore application for a partner visa while onshore on that visa unless an 8503 waiver is obtained - this waiver requires a major change in her circumstances that happened after the visitor visa was granted and (most importantly) was beyond her control. If you are thinking of lodging the partner visa online, you may want to apply for the subclass 600 visitor visa before you lodge the partner visa to see if you get condition 8503 attached to that visitor visa or not.

Hope this helps -

Best,

Mark Northam

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
 
#32 ·
Hello Mark, I have a student visa finishing the 15 of march 2014, thinking of keep studying but all the study I want to do are full, so I can't start the second study till july, do you think that my visa will be accepted and am I going to be able to work if I do that ? Thank you very much
 
#40 ·
Hi Mark,

We are applying for an onshore 801/820 after we get married in February here in Australia. My partner is in Australia on an ETA and he has been here living with me since September.

On the application form it asks for his residential address and country of residence. Do we use my Australian address as he is residing here with me, or do we use his US address?

I'm concerned about the implications of this question. His US address is his brothers address where he shared before he came out to Australia on extended holiday. For all intents and purposes this is his home address - but as he is on an ETA I don't want it to seem like we bypassed the system by not doing a PMV - but until he could spend time in Australia we were undecided as to where we would live after marrying or even when we would marry.

Which address is his residential address?

Thanks!
 
#42 ·
Hi Kangaroogirl -

Thanks for the question - you could use either address, but as he's been living with you since September, I would probably use the Australia (shared) address with you. Remember that residing at an address does not necessarily indicate doing so permanently or for any particular length of time. We usually recommend that the decision of what a person's residential address is be based on whether the person is "just visiting" or "staying on a more permanent basis". It's not a clear decision in many cases, however since you'll be applying for the 820/801 application, it may look better for that application if your residential address is in Australia since you are applying in Australia.

Re: ETA, also don't forget that a person may enter Australia with a particular intention in mind (temporary visit) and while in Australia decide that their relationship has blossomed to the point that they have a different intention (marriage, staying here long-term, etc).

Hope this helps -

Best,

Mark Northam
 
#50 ·
Thanks Mark, it's certainly an interesting argument. We've been quite fortunate with this condition on some recent applications, but every now and then it's a prohibitive issue.

You'll have to tell me your secret to avoiding Chris. I've been trying to for years but it doesn't seem to work!
 
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