Australia Forum banner

81 - 100 of 207 Posts

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #81
Hi Emma89 -

Thanks for the note. Sorry am a bit confused - if your husband is the main applicant, normally all of you would be on the same application form - he as main applicant, you and any children as secondary dependent applicants. Normally bridging visas for these include work rights, however your circumstances may affect this. 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,

My husband, 9 month old and myself are looking into the Visa 491 (my husband would be the main applicant). Just had a few questions!

- Do I apply for the Subsequent Visa Applicantion (491) or am I added to my husbands application as an applicant over 18 years of age?
- If we need to apply separately, who should I add our son under and does it make a difference?
- If I am to be an applicant over 18 years of age on the main application, will I still be able to work?

Thanks so much! :)
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #82
Hi Lauren -

Thanks for the note and kind words! Yes, VACCU (Visa Applicant Character Consideration Unit) processing appears to be continuing, although maybe slower than before. This can take many months, so I'd be patient but do make sure DHA has your current contact info and make sure no emails from them end up in your junk/spam email box and not seen.

Also, re VACCU, it's likely that they will request as much documentation as possible about any offences that they are looking at - we do quite a few of these types of cases, and it can be a good idea to prepare in advance by ordering any court records, police records, police certificates, etc as you can to try and get as much evidence about the offence(s) as possible once VACCU starts actively working on your case.

Hope this helps -

Best,

Mark Northam

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
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #83
Hi Achmat -

Thanks for the note. Under the current legislation there is no specific income or asset test for partner visa sponsors, however you must be able to show that you "would be able" to financially support your partner for the first 2 years after they are granted a visa. Often payslips from previous work (if you are not employed currently) or current employment info, resume, etc can be helpful here.

Hope this helps -

Best,

Mark Northam

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
 

·
Registered
Joined
·
11 Posts
Thank you, Mark, I did not upload form 80 and form 1221 initially with my bulk upload. Yes, there is a question re visa refused for countries other Australia.
I have recently filled it with additional information answering this question and will upload it this week. Should I still upload form 1022?

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
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #85
Hi Shabazkhan -

Thanks for the note. Your question is too complex to be answered online here as there are overlapping issues. DHA does look at if/when a sponsor has declared the marriage to Centrelink so that is a potential issue. Also, Australia recognises marriages outside Australia as long as those marriages were civil marriages (ie, not just a religious ceremony with no registration with the local government, etc) and would have been legal in Australia had the marriage been performed in Australia. I would need to discuss your circumstances in detail at a consutlation in order to give you specific advice for your case - see https://nlaw.com.au/consultation/ for more details and to book online.

Hope this helps -

Best,

Mark Northam

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
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #86
Hi Rumesh -

Thanks for the question. Under the current regulations, and assuming you did not have a 457 application pending as of 18 April 2017 that was later granted, you would generally fall under the 3 year rule (would need to consult with you to get more information about your case in order to give you specific advice for your case). This rule states that you must spend 3 years with the SAME employer while holding a 457 and/or 482 visa in order to qualify for the TRT stream. There are many other aspects to these regulations, so it's important to check the regulations very carefully or consult with a Registered Migration Agent or Immigration Lawyer in order to get specific advice for your case.

Hope this helps -

Best,

Mark Northam

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.
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #87
Hi Apurvwalia -

No need for Form 1022 unless there was a question on something you already lodged (ie, main application form, etc) that needs to be corrected now that your circumstances have changed.

Hope this helps -

Best,

Mark Northam

Thank you, Mark, I did not upload form 80 and form 1221 initially with my bulk upload. Yes, there is a question re visa refused for countries other Australia.
I have recently filled it with additional information answering this question and will upload it this week. Should I still upload form 1022?
 

·
Registered
Joined
·
2 Posts
Thanks Mark, that provides some positivity. We have been waiting since Dec 19 and have had no communication yet it seems like a very slow process.

I am from the UK do you know where I can get access to the documents I may need?

Thanks again.
 

·
Registered
Joined
·
28 Posts
Hi mark i have applied 820/801 in june 2017 police check health has been submitted even for 80 also been submitted we always updated information
Hasn't heard any thing yet I'm from India high risk country can you please share your views
Thanks
 

·
Registered
Joined
·
25 Posts
Hi Mark,

Thanks for taking the time to help us all out!

I'm in the early stages of getting our documentation together in order for my partner to apply for the partner visa. I am beginning to ask friends and family to complete a stat dec or form 888 for us. My parents (who are Australian citizens) live in the US - so are they able to complete a form 888 and have it notorised in the States?

Thanks for your assistance!
 

·
Registered
Joined
·
3 Posts
Hi Mark, thank you very much for your help and all answers you bring to everybody !
I have a very small question.
My company want to sponsor me for an intra company transfer (TSS 482)
What is the best thing to do with the current situation ? do you think we can start the application process or is it a waste of time ?
 

·
Registered
Joined
·
7 Posts
Hi Mark

Can you please shed some light on what is expected in the write-up for the 2000 characters required for "nature of commitment to each other".
 

·
Registered
Joined
·
28 Posts
Hi Mark! Quick question. My Aussie partner has already sponsored an ex partner. She was from Europe and the relationship ended more than fifteen years ago.

Because it was so long ago he has forgotten the date he lodged the sponsorship for her. I know we will be asked this information at the application, so just being organised!

Can he call Home Affairs or IMMI for this info? Thanks for your time! 🙂
 

·
Registered
Joined
·
34 Posts
Hi Mark,
Thank you again for answering my questions so far its greatly appreciated.
So we paid our fee and it was approved today and now im uploading documents to the immi account. From what i can see a lot of our documents will be in the "relationship" requests and it only accepts 10 files. Can the rest be uploaded onto the sponsors section? )if that makes sense. The "other" documents uploads section at the bottom is that just for documents the CO requests or can more be uploaded there?
Im thinking i might have to merge some pdf's together cos we have a lot of evidence to attach lol.
 

·
Registered
Joined
·
52 Posts
Dear Mark
Thank you so much for offering your knowledge and expertise with us.
A few questions:

1) I lodged 309 today and soon after got an email requesting biometrics and health check. One month ago i had these done for a 600 but my 600 was refused. Do i need to redo biometrics/health check.

2) if i do need to do these what do i do about meeting the 14 day deadline. Everything is in lockdown in my country.

3) i noticed the website says translators outside Aus do not need to be accredited but they must state their qualification. Does this mean anyone of any priofession can translate our docs? Do they need to have done any english proficency tests or is simply knowing english enough?

4) my wife lives in australia so we have no joint accounts or shared expenses etc. We are financially stable and never needed to send each other money. We only lived together for 3 months after our wedding in december. We lived with my parents. We do plan on sharing living expenses once living together. In the meantime what evidence can we provide for the financial aspect.
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #96
Hi Lauren -

Can you advise specifically what documents you are referring to? If it's involving a court matter, then the UK court file or sentencing remarks of the judge, etc can be helpful.

Best regards,

Mark Northam

Thanks Mark, that provides some positivity. We have been waiting since Dec 19 and have had no communication yet it seems like a very slow process.

I am from the UK do you know where I can get access to the documents I may need?

Thanks again.
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #97
Hi Vijaysandy -

May be stuck in external security checks - that's often the reason why these things are delayed a long time. Also could be DHA is investigating the relationship more closely. With India, site visits to parents etc in India are becoming more frequent (at least before the COVID-19 crisis) so you might look into that. Also would suggest lodging any updated relationship evidence (ie, new bank statements, etc that come about over the passage of time) from time to time to keep the evidence current.

Hope this helps -

Best,

Mark Northam

Hi mark i have applied 820/801 in june 2017 police check health has been submitted even for 80 also been submitted we always updated information
Hasn't heard any thing yet I'm from India high risk country can you please share your views
Thanks
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #98
Hi Emilym1964 -

Yes. Suggest having it witnessed by a notary public in the USA. While technically the witnessing may not meet the federal laws where an 888 must be witnessed on Australian soil since those who are empowered to witness an 888 (or stat dec) onlly have that power whilst on Australian soil (including embassies overseas, etc), DHA traditionally has not invalidated 888s for that reason. I would, however, make sure that you have at least 2 Form 888s witnessed in Australia the "proper" way by a JP, solicitor, etc from the list of people who are authorised to witness a Commonwealth statutory declaration.

Hope this helps -

Best,

Mark Northam

Hi Mark,

Thanks for taking the time to help us all out!

I'm in the early stages of getting our documentation together in order for my partner to apply for the partner visa. I am beginning to ask friends and family to complete a stat dec or form 888 for us. My parents (who are Australian citizens) live in the US - so are they able to complete a form 888 and have it notorised in the States?

Thanks for your assistance!
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #99
Hi Easyrimka -

Thanks for the note. You may have a tough time getting into the country at the moment assuming you are overseas, as 482 holders are not exempted from the travel ban currently unless they are a direct family member of an Australian citizen or permanent resident, or are able to get an exemption on compelling/compassionate grounds related to one of the specified areas on the exemption form (ie, essential services, etc - see the DHA form for more info). I don't see an issue with starting the process - however I expect DHA might delay grant of the visa until the travel ban would permit entry.

Hope this helps -

Best,

Mark Northam

Hi Mark, thank you very much for your help and all answers you bring to everybody !
I have a very small question.
My company want to sponsor me for an intra company transfer (TSS 482)
What is the best thing to do with the current situation ? do you think we can start the application process or is it a waste of time ?
 

·
Super Moderator
Joined
·
9,748 Posts
Discussion Starter #100
Hi Paxk -

Great question. Commitment evidence for partner or fiance visas has to do with showing that the couple considers the relationship to be a long-term one, one that they are planning on having for the rest of their lives. A big part of this can be including a paragraph or 2 at the end of your relationship statements about your future plans together in as much detail as you can - ie, where do you plan to live, work, travel, do you plan to have kids, do you plan to buy a house, etc etc. Other good commitment evidence can be evidence of a long-term nature such as life insurance policies, wills, and each party listing the other as their beneficiary for superannuation or retirement fund purposes in the event of their death. Any sort of long term evidence or plans can be helpful in this area.

Hope this helps -

Best,

Mark Northam

Hi Mark

Can you please shed some light on what is expected in the write-up for the 2000 characters required for "nature of commitment to each other".
 
81 - 100 of 207 Posts
Top