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Hi Mark

I am a new poster what a lovely offer to answer questions during this uncertain time!

I am wondering if you know if applicants sent to VACCU for character checks are still being processed during COVID19 and what is included in these checks?

My application went to the VACCU in Dec 19 and I have had no further communication.

Thanks,
Lauren
 

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Hi Mark,

My partner and I have been together for over 2 years now. We want to apply for the 820 but I would just like some clarity on the sponsor requirements. What kind of assets are required? Is there a specific amount of money needed in your account etc?

Many thanks,
Achmat
 

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Hello sir
Please make it clear : my 309 visa is under process since sep/2019 and we get married out of Australia in 2016 , I haven’t got to Australia yet, but before marriage my partner has requested for Centrelink payments as being single person after marriage until today she didn’t have idea to change status since we not married in Australia we were married outside and Australia law doesn’t count it register marriage when couples married outside.

will it lead to a refusal ?

If now she change status will Centrelink ask for the payments back and penalties?
Please help
 

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Discussion Starter #64
Hi Yoongsa -

Thanks for the note. Best indication at the moment is that 482s are continuing to process for onshore applicants. The challenging part may be the nomination, given the genuine position requirements - with all the unemployed Australians, it may become difficult to demonstrate the need to employ someone from overseas. However that's all speculation at the moment - it's unclear exactly how nominations are going to be handled with the current employment situation - from what we can see, 482 nominations are being processed very slowly at the moment.

Hope this helps -

Best,

Mark Northam

Hi Mark.

Hope you are doing well.

Just a simple query - I was wondering whether the 482 TSS Visa is still being processed/issued at this current time?

By way of a little background info: I got into Australia on a ETA before the travel ban, so just waiting on the 482 TSS now.

Thanks!
 

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Discussion Starter #65
Hi Daniel -

Thanks for the question. I can't give you specific advice for your case without knowing a lot more about your and your parents' circumstances, but from what you've said it sounds like unless there are any other issues that may cause a problem, you meet the basic requirements for citizenship by descent. Depending on how and under what legislation your parents became citizens there may have been regulatiosn in place about being in Australia for 2 years prior to becoming citizens, etc however with 5 years time in Australia they may have met those if those regulations were relevant to their case.

Happy to discuss further at a consultation - please see https://nlaw.com.au/consultation/ for more information or to book online.

Best regards,

Mark Northam

Hi Mark,

I'm new to the forum so I'm not exactly sure if you can answer my question. I have an enquiry about my eligibility for Australian citizenship by descent. (Note: I don't plan on travelling until the COVID-19 pandemic is completely over).

Both of my parents are Irish and acquired Australian citizenship by naturalisation in the early 1990s, having lived in Australia for 5+ years. I was born in Ireland in 1997 and have never lived in or visited Australia. Is citizenship by descent a viable option for me who wants to live and work in Australia in the near future?

Best wishes

Daniel
 

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Discussion Starter #66
Hi Sairanadeem -

Thanks for the note.

Re 1, impossible to predict - depends on how the states are processing their nomination requests, especially considering any current slowdowns based on COVID-19 related issues.

Re 2, impossible to tell at the moment. My guess likely, yes.

Re 3, DHA accepts either version of the IELTS test - you might check with the skills assessor as applicable for any more specific requirements;

Re 4, plenty of opportunities for refusal after invitation issued - for instance, if you cannot justify all the points you have claimed with proper documentation, health or character problems, etc.

Hope this helps -

Best,

Mark Northam

Hi Mark,

I wanted to get bit information regarding 491 visa(provisional) offshore applicant.

1. Iam standing at 70 total points are they enough for nomination?or do you suggest to increase score by giving IELTS/PTE again??
2. Current situation will affect the 491 Visa application time period?
3. Academic ielts is acceptable for immigration purposes or only general ielts will be required? I have given academic ielts (L-8, W6. 5,R-7.5,S-7) and my occupation would go under agriculture related field. Please clarify.
4. after ITA is OK to wait for grant or there could still be chances for rejection?

Any help would be appreciated
 

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Discussion Starter #67
Hi Eva -

Thanks for the note. The challenge is that it's hard to say what the processing time for the 461 visa will be - recently they have been rather long (12-24 months).

If you work for an employer other than your 482 nominator you will be in breach of your visa conditions, and if you are not re-nominated by another employer within 60 days of ceasing employment with the nominating employer, your are also in breach of your visa conditions, This is important because of a requirement of the 461 visa;

"If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa."

I would imagine if DHA brings this up during the 461 processing, that using the COVID-19 situation as a reason why you were not able to abide by your visa conditions may have a reasonale chance at avoiding a refusal of the 461 due to breach of your 482 conditions, however I'd plan ahead and see what you can put in place re documentation to show that you had no good choice other than breaching the 482, and that you chose to stay in Australia to be with your NZ partner. If they cancel your 482 due to breach prior to the 461 being granted, you could look at applying for a Bridging Visa E to remain in the country while the 461 is being considered. Interestingly, the BVE - if you could show financial hardship and add work rights to it - would likely not have the same work limitation (that you can only work for your sponsoring employer) that the 482 now has - it would actually allow more working rights than the 482 now does due to lack of that limitation.

Hope this helps -

Best,

Mark Northam

Hi Mark,

I have a question about transitioning from a 482 visa.

I have applied for a 461 visa and resigned my sponsored position however I have been advised that the 482 still will not expire until its original expiry date of October 2021. I know that my options are 1) find another sponsor, 2) be granted another visa, 3) leave the country.
I intend to go down route 2) - what visa options do I have? Ideally I want to be able to work in some capacity & I have already held the working tourist visa.

Thanks,

Elen
 

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Discussion Starter #68
Hi JMM -

Thanks for the note. I agree with you re "Dan" - no need to list as an additional name, especially if you have never been referred to in any official document as "Dan".

Re Q45, that's correct - "step" siblings are not included in that question.

Hope this helps -

Best,

Mark Northam

Hi Mark,

I'm in the process on starting an application for a partner visa (820 onshore) and I have a few questions regarding the P80 form.

Question 4 - Have you been known by any other name(s)? Include name at birth, before or after marriage, adoptive/foster, alias or pseudonym, cultural or tribal, preferred name, other spellings.

If you your name was "Daniel" for example (on all your official documents like passport etc), but your social media and conversations with your partner and people who know you are under "Dan" would you need to list that?

For our relevant police checks we have used our name as per our passport as this have never legally changed since birth.

I don't see a real difference between Dan vs. Daniel and personally wouldn't feel the need to list it as it's just a shortened version of your legal given name.

On my working holiday visa I said NO to being know by another other name.

Question 45 - Do you have siblings? They list siblings as Full, Half and Adopted. I'm assuming then I wouldn't need to list a step-sibling as they don't specifically ask for it?

Under the parents question (q44) they do make you list your step parent(s).

Any general advice would be greatly appreciated.

Thanks,
JMM
 

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Discussion Starter #69
Hi Cmamjay -

Thanks for the question. Normally you would apply for a visitor visa in this circumstance. That being said, there is an interesting provision in the Bridging Visa B legislation that allows for an onshore application for a Bridging Visa B tied to a previously applied for 309/100 application.The result, if it works, is that you would have a BVB that would allow you to remain in Australia until a decision is made on the 309/100,

The legislation is too complex to go into here where we have time for quick Q&A, but happy to discuss further at a consultation - please see https://nlaw.com.au/consultation/ for more information or to book online.

Hope this helps -

Best,

Mark Northam

Hi Mark, I am onshore using a visitor visa but have a 309/100 pending. I want to extend my stay because of COVID. Do i apply vistor visa or bridging visa?
 

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Discussion Starter #70
Hi Jeremy_K -

Thanks for the note. ETA might work if she has a direct family member (ie, spouse or de facto partner (lots of evidence required for these currently)) in Australia, however short of that the travel ban would currently prevent her from entering Australia.

Hope this helps -

Best,

Mark Northam

Thank you, Mark.

I just have one last question, this is for a friend actually. My friend's student visa expires sometime in April,and she left Australia towards the end of February to get married here in Malaysia.

She had planned to return to Australia by the third week of March (with plenty of time to return on the student visa while waiting out the same 485 visa), but with Malaysian citizens not being allowed to leave the country, she is pretty much stuck here at the moment with no visa, not even a bvb. If she applies for the ETA like I did, would the same "reputation" issue arise at all?:confused: Can she enter the country on a tourist visa with a pending 485 like me?

Thank you once again! Really appreciate your responses.
 

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Discussion Starter #71
Hi Bart -

Thanks for the note. We're only hearing anecdotal evidence, however it appears that they are slowly processing these. Many offshore posts where these are usually processed are closed or running on severly reduced staff levels, which is contributing to the delays.

Hope this helps -

Best,

Mark Northam

Hi Mark,

First of all thank you very much for doing this Q&A with all of us members, I'd like to ask you if you think the department is it still processing Tourist Visa 600 because after a month my wife's application is still marked as received despite previous Tourist Visas we applied were granted in a week usually.
Mistakenly we left Australia without applying for BVB since she was BVA holder due to the 820 we lodged last year and now we're trying to let her get back through the 600, if can help her nationality is from the Philippines.

Thank you again and I hope you're keeping safe at home.

Regards,

Bart
 

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Discussion Starter #72
Hi Noorsandhu -

Thanks for the question. We're hearing that sc300 Prospective marriage visas are not processing quickly these days, since sc300 holders are still not allowed into Australia under the current travel ban. I'd upload new evidence every 2 months or so depending on how often you have new evidence.

Hope this helps -

Best,

Mark Northam

Hi mark , thanks for answering our questions. I would like to ask that after how long we should provide new evidences. Like we uploaded new pictures in march in our 300 application when my fiance came to visit me in india in feb. We uploaded recent money transfers too. But didn't upload any phone call history recently. I have 3 months of call history with now. Should we upload it? And our date of intended marriage is 24 may 2020, should we change it or wait for the department to ask us to reschedule it. Thanks in advance.
 

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Discussion Starter #73
Hi Polina -

Thanks for the questions! Please see my responses below in your questions at ***:

Dear Mark, huge thank you for offering this opportunity to ask you questions.

As to my situation: my Australian husband and me are married for almost 3 years now and have two kids who were born in other country, but received their Australian citizenship by decent. We all live outside of Australia.

So my questions are:

1) I am confused about Non-migrating members of the family unit and migrating members of the family unit.

Is my understanding correct that I need to state my husband and kids in the NON-migrating members of the family unit (as they are not applying to migrate with me, as they are already Australians)? And I do NOT write anyone in the migrating members of the family unit?
*** Correct.

2) My husband and I don't have a joint bank account here outside of Australia, but we both contribute to our relationship financially. Will it be a problem?
*** Hard to say without seeing your documentation, however suggest that you each include whatever bank or credit card statements, etc that show that either or both of you spend money on things that benefit the family (not just the person whose money is being spent). You might highlight those expense items that are for "mutual benefit" on your statements. Joint bank account not required, but evidence of sharing your money is in some form.

3) My relatives and friends can write statements in support of our relationship, but they don't know English very well. Should their statements be translated and then notarized or the translation itself is enough?
*** Depends on the country - notarization is generally seen as proof of identity - you can do this, or you can include the statement with a professional translation (ie, NAATI or equivalent) and include a certified copy of the writer's passport to show identity. If Notarizaation is convenient/possible, I'd go for that but if not, the statements with ID will still likely be helpful for your application. Make sure the writer includes contact information as well for both the writer and the professional translator.

Thank you very much again for any advice.

Polina
 

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Discussion Starter #74
Hi Vik-per -

Of course! Multiple questions welcomed. A nice sampling spread over the timeline of the relationship is a good idea, however I would avoid sending more than 20 pages or so.

Hope this helps -

Best,

Mark Northam

Hi Mark thanks so much. Can I please ask another question?
Regarding the chat evidence..how much is too much? lol. Do i add 4-5 conversations per month ie one pdf = feb, one = march etc?

Thanking you in advance
 

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Discussion Starter #75
Hi Vijaysandy -

Thanks for the note. Currently the JobKeeper payments are payable to Australian citizens and permanent residents, plus NZ citizens on 444 visas. This is always subject to change, however I don't see how you would qualify at the moment if you are only holding a bridging visa for an 820.801.

Hope this helps -

Best,

Mark Northam

Hi mark i applied partner visa 820/801 application in june 2017 still waiting my question is m i eligible for cronavirus package or this is only after you get PR please share your views
Thanks
 

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Discussion Starter #76
Hi Felipeolaondo -

Thanks for the note. The general policy is that the "bulk" of the documents need to be uploaded at the time of application for an 820/801 - that is, a bare-bones 820/801 with only 2 888 forms and passport, etc runs the risk of a quick refusal. Marriage from registry not an issue, especially if you have the "informal" certificate you probably got at your marriage - I'd upload that while waiting for the state-generated one. Don't worry about health or police certificates - most people wait to do those until DHA requests since they expire in 12 months and partner visas are generally taking longer than 12 months to process. I'd load up as much relationship evidence as you can with the intiial application - try to make sure you have some in all 4 categories (household, social, financial, commitment) and then upload more as it becomes available. Do make sure you lodge your 820/801 while you still hold a substantive visa in Australia (ie, don't lodge when on a bridging visa only or when unalwful) to avoid the dreaded Schedule 3 criteria which can be a big issue.

Hope this helps -

Best,

Mark Northam

Gday Mark,

I have a very singular question.

When applying to a Partner 820 ONshore, do I need to upload all documents and evidence in order to get the bridging visa A or it comes at an earlier stage after paying and writing the paragraphs on the nature of the relationship? This is crucial to me because I have a months left on my current visa and some of the documents (police checks, marriage certificate from registry, etc) may take longer than a month! Thanks!!! Phillip
 

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Discussion Starter #77
WARNING: This was not my post - someone else answered the question here, and the answer was not entirely correct. Please see my response just posted. I have deleted the post.

Thanks Mark!! I thought so! So in order to get in the bridging its only paying and writing? Any documents needed in that very first stage previous to pay? Thanks!!
 

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Discussion Starter #78
Hi Apurvwalia -

Thanks for the note. Normally that would not have a negative impact on your partner visa application, however I would suggest reviewing your application form for the 309/100 (including Form 80) to make sure there are no questions re visas refused for countries other than Australia - if so, you should look at lodging Form 1022 (Change of circumstances) to advise DHA of the refusal to update your 309/100 application.

Hope this helps -

Best,

Mark Northam

Hi Mark,
I have got my tourist visa for NZ rejected due to the following reasons, while I was already on a tourist visa in Australia and waiting for a Partner visa 309. Will this rejection of NZ tourist visa have a negative impact on my Australian 309 application (lodged about 10 months ago)?

NZ visitor visa rejection:
We are not satisfied that you have a genuine intent to come to New Zealand as a visitor and
meet the conditions of any visa granted to you.
• We are not satisfied that you have strong employment commitments in your home country.
• We are not satisfied that you have strong financial commitments in your home country.

As I showed NZ immi that I am not working in Australia due to the Australian tourist visa conditions.
 

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Hi Mark,

I am in Australia on TSS (482) two years visa currently and going to finish two years by end of 2020. My current employer will renew the visa.

However, my current employer will not sponsor for PR under TRT (186) visa. I have ONLY TRT(186) visa option in my case. So I am planning to join a new employer and transfer / apply for TSS.

My question is:

Do I have to be with the same Australian employer for the qualifying period (3 years) to be eligible for TRT?

OR

Is working in Australia for 3 years enough to be eligible for TRT? (regardless of number of employers)

Thanks in advance.
 

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Discussion Starter #80
Hi Sunshine26th -

Thanks for the note. Subsequent Entrant sc485 applications are paper applications - you can look on the DHA website under the 485 visa, under the section "When you have this visa". Form 1409 is the main application form, check the DHA site for required documents, info and fees.

Hope this helps -

Best,

Mark Northam

Hi,,
Hope you are doing good.
My husband just got 485 visa,,post work stream,,2 days back,,,n he is in australia,,now i want to apply for subsequent entry visa 485 n i m in pakistan,,,but i cdnt find any online application for it n i searched but cdnt find the details about the process for lodging subsequent entry visa 485,,,if u can kindly help me how its done i wl b thankful,,,if its nt a problem.
 
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