Applying 820 short of one month - Page 2

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Applying 820 short of one month - Page 2


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  #11 (permalink)  
Old 05-25-2018, 06:10 AM
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Quote:
Originally Posted by Skybluebrewer View Post
Thanks.

Just so you know, you can enter before the expiry and you are still allowed to stay for the 3 month stay period. So basically, you can enter 30 Aug and stay until 30 Nov. This would give you the extra time you need to qualify. (Notice how it says "Must not arrive after" and "3 month stay each arrival").

Still may be an issue with stating married on your app so like I said, would be worth a quick consult with an RMA to see what they think.
Thank you again for your time to reply to my post.

My visa expires 30th August 2018 and checked on vevo it says the same. Have confirmed with an immigrations officer thru phone. Thus, i won't be able to fly out and come back in Australia before 30/8/18 to get another three months

I have consulted an RMA. according to her the status 'married' prior should not be an issue as i can prove that we've been separated for a considerable time. I have also lodge a changes of circumstances form 1022 (as per advised by the DIBP) stating the change of status. The RMA, however, does not want to take on my case as its short of the 12 months requirement. The RMA apparently has a 100% successful partner visa applications and perhaps she doesn't want to take the risk.

I'm really frustrated thinking about this whole situation. Part of me says don't give up, write a statement explaining my situation and just hope for the best.


  #12 (permalink)  
Old 05-25-2018, 06:24 AM
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Sometimes, if i think of the situation- in order to fulfil the 12 months requirement, i can either opt for applying a student visa. But th edanger would be the risk of getting 8503.
But do i really want to study? well, the answer is no. i won't be a genuine student and i don't want to declare doing something I'm not intending to do.
Secondly, to apply for another extension of FA600, I will want to write the truth about the reason for extension - to be with my partner /visit friends and travelling (which is true, as i am still doing touristy stuff). BUT, this may come back against me, DIBP may refuse or impose 8503 (if they grant me an extension )

So help please, I'm needing some feedback/ideas/advise suggestions.

Thank you.


  #13 (permalink)  
Old 05-25-2018, 07:18 AM
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You can enter before the last entry by date and stay the allotted stay period. It's likely you cannot though because you can't stay in Oz more than 12 months within a certain period on that visa if that's the case for you. Had you spent less time on it, you certainly could enter. It has nothing to do with visa expiry. Your stay period is what counts. If you left June 30 and reentered, you'd see in VEVO that you'd have to leave by Sept 30. Note what immigration's website says:

"Visa expiry date

For temporary visa holders only.

If you are:

- outside Australia, this is the date your visa ends

- in Australia, this is the date the period of stay ends on your visa. You must leave Australia before midnight (AEST) on this date."

And:

"Must not arrive after date

You must enter Australia before this date – as long as you enter Australia before this date you are allowed to be in Australia for the stay period listed for your visa."

So again, if you enter before the last entry date, you get to stay for the month stay period. Don't take advice from the phone from immigration. They're not responsible for what you do with the info and often it's incorrect. Now if they said you can't do that because you'll violate the condition of spending more than 12 months in Oz in a given period, then that's another story.

Student visa is a long time to abide by visa conditions. The BVA doesn't go into effect until that ends and getting your student visa cancelled would cancel your BVA and you'd become unlawful. Or you'd study and abide either until the student visa ends or the partner visa is granted.

Maybe you should check out the sticky in the immigration thread of reputable RMAs. Those guys won't steer you wrong.


Last edited by Skybluebrewer; 05-25-2018 at 07:39 AM. Reason: added link and changed paragraph. misread

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  #14 (permalink)  
Old 05-25-2018, 07:22 AM
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And it's not a risk. She knows you'll face refusal because you don't meet the requirements for the visa. It doesn't matter how genuine the relationship is, there are requirements that must be met. Immigration even tells you they'll refuse the visa for the exact reason you're stating.

Are you eligible for a working holiday or work and holiday visa?


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Old 05-25-2018, 07:31 AM
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You should post a thread in the main immigration forum rather than new members page. You'll get more responses that way.


  #16 (permalink)  
Old 05-25-2018, 09:29 AM
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Originally Posted by Skybluebrewer View Post
And it's not a risk. She knows you'll face refusal because you don't meet the requirements for the visa. It doesn't matter how genuine the relationship is, there are requirements that must be met. Immigration even tells you they'll refuse the visa for the exact reason you're stating.

Are you eligible for a working holiday or work and holiday visa?
Hi there,

i cant thank you enough for all your responses, taking the time to give feedback and asking questions. I really appreciate it.

I was referring to my first vevo that i printed out day one i got it. And silly me i reference that when i spoke to the immigrations officer. I have been out of the country three times since September 2017 and bless you for making me think and reflect!
Just printed my VEVO and this is what is stated -

VISA GRANT DATE : 30 August 2017
VISA EXPIRY DATE : 13 July 2018
LOCATION : ONSHORE
VISA STATUS : IN EFFECT
ENTRIES ALLOWED : Multiple entrees to and from Australia during
the validity of your visa
MUST NOT ARRIVE AFTER : 30 August 2018
PERIOD OF STAY : 03 months on each arrival

So, does this mean i can go out of the country before July 13th 2018 and come back in before 30th August 2018 and get another three months ? If this is the case then me and my partner would qualify for the 12 months requirement ?

Thank you again


  #17 (permalink)  
Old 05-25-2018, 10:55 AM
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In theory, yes. But again, usually those visas say no more than 12 months in an 18 month period or something like that so if you want to comply with the conditions then it depends on how long you've spent in Oz.

The expiry you see in VEVO will be the stay period. So likely you entered Oz last on 13 Apr.


  #18 (permalink)  
Old 05-25-2018, 12:09 PM
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Quote:
Originally Posted by Skybluebrewer View Post
In theory, yes. But again, usually those visas say no more than 12 months in an 18 month period or something like that so if you want to comply with the conditions then it depends on how long you've spent in Oz.

The expiry you see in VEVO will be the stay period. So likely you entered Oz last on 13 Apr.
Nowhere in my visa grant mentioned about stay of no more than 12 months in an 18 months period. Where can i see this if I'm missing it? i entered Oz on the 3rd September 2017 and since i have gone out and came back in four times, once in October 2017, one in January 2018 and twice in April 2018. Two of those travels were with my partner.

Do you think i should email DIBP and and get a written feedback would be the way to go in order to make sure.

Thanks again.


  #19 (permalink)  
Old 05-25-2018, 12:43 PM
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I'm not a professional. I only know the basic knowledge which is essentially what's on immigration's website. I never had a 600 so no experience. I'm not sure if the 8558 condition has to be listed or if it's a general rule for 600s.

Would be worth asking in the main forum where an RMA may respond.


  #20 (permalink)  
Old 05-25-2018, 12:54 PM
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Originally Posted by Skybluebrewer View Post
I'm not a professional. I only know the basic knowledge which is essentially what's on immigration's website. I never had a 600 so no experience. I'm not sure if the 8558 condition has to be listed or if it's a general rule for 600s.

Would be worth asking in the main forum where an RMA may respond.
I thank you and remain grateful to you for your help and support. I will keep looking for information and will ring DIBP on Monday. Last time called them, at the end of the conversation, the officer asked if i wanted a reference number to the call and i said yes. So this means that whatever information they gave over the phone can be used and quoted as reference.

Will update you whatever info or confirmation i get and maybe it can also be useful to other people reading this as well

Thank you again


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