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Discussion Starter · #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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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 :)
 

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Discussion Starter · #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
 

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That was brilliant! Thank you Mark!
 

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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
 

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Discussion Starter · #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
 

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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
 

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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.
 

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Discussion Starter · #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

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
 

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Discussion Starter · #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.
 

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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
 

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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
Great! thanks for clarifying it. Yes, I see your point in the system being unfair to different occupations. An applicant being assessed by ACS may have few years of his professional experience tacked in order to meet minimum threshold, the engineering professional can claim points right from the moment Go!

Again, appreciate your help!
 

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Discussion Starter · #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
 

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Thanks so much Mark!

My apologies, yes it is an 820/801 onshore application and no other issues should affect the application thanks!
 

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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
 

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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!

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
 

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Discussion Starter · #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
 

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Discussion Starter · #19 ·
My view is that if she has successfully completed her coursework, it would be extremely unlikely that DIBP would take any action other than letting the student visa expire on its own. As for work rights, we're in a gray area there but I think a very good argument can be made that the course is out of session as she has completed her requirements, hence full work rights exist for the remainder of the period of the student visa per DIBP policy.

Best,

Mark Northam

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!
 

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I cannot thank you enough for being extremely helpful. She has a couple of great opportunities for full time work so great to see a clear answer!

My view is that if she has successfully completed her coursework, it would be extremely unlikely that DIBP would take any action other than letting the student visa expire on its own. As for work rights, we're in a gray area there but I think a very good argument can be made that the course is out of session as she has completed her requirements, hence full work rights exist for the remainder of the period of the student visa per DIBP policy.

Best,

Mark Northam
 
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