Thank you.
Ask Mark!
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
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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3061 - 3080 of 14763 Posts
Thank you very much Mark! You are awesome and I can't tell you how much I appreciate your help!
Blessings
Mietsie
Blessings
Mietsie
Hi Mietsie -
Thanks for the note - in your case I'd suggest getting the health check done in Australia while you're here, rather than doing it in advance. It shouldn't delay your visa any, and will avoid any issues that could be raised by an offshore PR visa health exam.
Re: sibling/parent marriage dates, you're correct. Most recent marriage in the case of those married multiple times is fine.
Hope this helps -
Best,
Mark Northam
Hi Mark
I'm really upset :/ My orientation is on the 28th of July and classes are starting from the 4th of August.
Still no signs of a visa decision, i've had my biometrics and medical and everything is completed.
Whats worse is that in the past few days ive seen 10-15 guys get their visas and all of them applied after me, had their medical and bio metrics after me, got their acknowledgements after me. A few non SVP students who applied after me have gotten their visas and I applied for a SVP visa yet no visa decision.
Do you think I should email DIBP and ask them whats going on?
Aren;t visa decisions made of priority basis, I mean to say that students who apply first should get their visa decisions first? It doesnt make any sense
I'm really upset :/ My orientation is on the 28th of July and classes are starting from the 4th of August.
Still no signs of a visa decision, i've had my biometrics and medical and everything is completed.
Whats worse is that in the past few days ive seen 10-15 guys get their visas and all of them applied after me, had their medical and bio metrics after me, got their acknowledgements after me. A few non SVP students who applied after me have gotten their visas and I applied for a SVP visa yet no visa decision.
Do you think I should email DIBP and ask them whats going on?
Aren;t visa decisions made of priority basis, I mean to say that students who apply first should get their visa decisions first? It doesnt make any sense
Really appreciate you taking time to help us. Many thanks! Have a nice weekend.
Dear Mark,Hi AgnesB -
Thanks for the questions. The unpaid work would likely not qualify, however if the tasks/duties of the other work (paid) were close enough to the ANZSCO standard tasks/duties for your occupation, that work may qualify. You'd have to look at the skills assessor's specific requirements (they are all different) and see how things work and how you can meet their requirements.
Re: which visa is best, too complex a question for the forum - Australia's visa system is complex with lots of twists and turns - would be happy to got through your situation in detail at a consultation (see my website below for more details on this) if you'd like.
Hope this helps -
Best,
Mark Northam
Thank you for your advice. I will check my work experience situation against ANZSCO first. I understand I can only start my skills assessment application when meeting all criteria: Degree, English language, Work experience? I can not apply for my degree assessment first and submit in a mean time language and experience? Only wondering what would be the quickest way to start assessment.
Also having the opportunity in here I would like to pass regards and big thank you for helping everyone with professional advice. Seen 2 different immigration officers and I have to say im very much so disappointed in not receiving enough info and advice. Much appreciate for your time. Would def use your services re consultation!
Agnes B
Hi Mariaanderic -
Thanks for the kind words! Glad I can help.
Re: partner / visitor visa, assuming you meet the requirements of a partner visa (suggestion: eliminate boyfriend/girlfriend from your vocabulary and use the word "partner" instead, as DIBP doesn't see boyfriends/girlfriends as "partners"), you may want to lodge the 309/100 first, wait a week or 2 to let them get it in their system, then lodge a visitor visa application. This is done sometimes in higher risk situations so that DIBP understands that you've declared the relationship to them, and are not trying to use repeated visitor visas to establish some sort of residency in Australia. Also, the fact that you have already had 2 Aus visas before, and the last one had 8503 on it may be indicative that you're running out of visitor visas that they will grant (without you having lodged something else or declaring your relationship), so yet another reason to lodge the partner visa first, then a visitor visa.
When they are ready to grant the 309/100, if you are in Australia (keep in touch with your case officer once you are assigned one or a team to let them know when you are outside your home country), they will email you and let you know they're ready to grant the visa - you would then depart Australia (to any other country, doesn't have to be your home country) and then email them to confirm you're outside Australia, and they will grant & email you your visa which you would then re-enter Australia on.
Hope this helps -
Best,
Mark Northam
Thanks for the kind words! Glad I can help.
Re: partner / visitor visa, assuming you meet the requirements of a partner visa (suggestion: eliminate boyfriend/girlfriend from your vocabulary and use the word "partner" instead, as DIBP doesn't see boyfriends/girlfriends as "partners"), you may want to lodge the 309/100 first, wait a week or 2 to let them get it in their system, then lodge a visitor visa application. This is done sometimes in higher risk situations so that DIBP understands that you've declared the relationship to them, and are not trying to use repeated visitor visas to establish some sort of residency in Australia. Also, the fact that you have already had 2 Aus visas before, and the last one had 8503 on it may be indicative that you're running out of visitor visas that they will grant (without you having lodged something else or declaring your relationship), so yet another reason to lodge the partner visa first, then a visitor visa.
When they are ready to grant the 309/100, if you are in Australia (keep in touch with your case officer once you are assigned one or a team to let them know when you are outside your home country), they will email you and let you know they're ready to grant the visa - you would then depart Australia (to any other country, doesn't have to be your home country) and then email them to confirm you're outside Australia, and they will grant & email you your visa which you would then re-enter Australia on.
Hope this helps -
Best,
Mark Northam
Mark! Thank you SO MUCH for your reply! You have no idea how much you just helped my boyfriend and I!
I'm so glad I wrote to you, we were planning on applying for the student visa and would have been devastating to get it refused.
Thanks again!
I think I'll have a few more questions.. So it might help if you know a little bit of our background and situation with visas?
To give you a round idea and not overwhelm you with info I'll try to make it short.
I've had 2 Australian visas so far. First one a tourist visa granted for 3 month stay; second one is my current visa, another tourist or visitor visa granted for a 12 month stay and multiple entry.
My current visa has the 8503 condition "no further stay" so we will be applying for the partner visa 309 offshore.
We want to find a way to be together (in Australia since my partner has commitments there) while partnership visa is being processed.
1. Since you think student visa wouldn't be granted. Would you recommend trying a tourist visa?
2. Which visa should I apply for first? Tourist or partner?
Do you think that the fact that I had 2 tourist visas granted already might keep them from granting me another one?
3. Since we are applying offshore, in the case that I get a tourist visa and come back to Australia while partner visa is being processed, what happens with the partnership visa grant? I have to be outside Australia to get it right? Does that mean they wait until I leave to grant it? Do they let me know that it will be granted so I leave to get it? And... Once I leave australia do I have to go "collect" the visa?
Again, can't thank you enough Mark!
Hi Johnny -
Sorry to hear about the delay - I wish visas were processed in some sort of logical order but I have yet to see that happen. Given your home country I expect external security checks may be to blame, but that's just a guess. SVP seems to make little difference in processing time from what I can see.
You may want to email them and ask them if you can provide any additional information or documents for the application, and mention also that your deadline to study is coming up. Might work, might not, but I bet you will feel better having done it!
Hope this helps -
Best,
Mark Northam
Sorry to hear about the delay - I wish visas were processed in some sort of logical order but I have yet to see that happen. Given your home country I expect external security checks may be to blame, but that's just a guess. SVP seems to make little difference in processing time from what I can see.
You may want to email them and ask them if you can provide any additional information or documents for the application, and mention also that your deadline to study is coming up. Might work, might not, but I bet you will feel better having done it!
Hope this helps -
Best,
Mark Northam
Hi Mark
I'm really upset :/ My orientation is on the 28th of July and classes are starting from the 4th of August.
Still no signs of a visa decision, i've had my biometrics and medical and everything is completed.
Whats worse is that in the past few days ive seen 10-15 guys get their visas and all of them applied after me, had their medical and bio metrics after me, got their acknowledgements after me. A few non SVP students who applied after me have gotten their visas and I applied for a SVP visa yet no visa decision.
Do you think I should email DIBP and ask them whats going on?
Aren;t visa decisions made of priority basis, I mean to say that students who apply first should get their visa decisions first? It doesnt make any sense
Hi AgnesB -
Thanks for the kind words!
Key to all of your questions is a careful read of the requirements of your skills assessor - some require work experience, many do not. You'll also want to make sure you check whether the requirements are for a "485 skills assessment" for the 485 visa only, or a full skills assessment for other skilled migration visas - this depends on whether you are applying for a 485 or some other skilled visa like a 189, 190 489, etc. Every skills assessor makes their own rules, and there is sometimes no rhyme or reason for these, you just have to read their website and regulations/info booklets/etc very carefully determine what they want, in what form (ie, documents), and how they want it provided to them.
Hope this helps -
Best,
Mark Northam
Thanks for the kind words!
Key to all of your questions is a careful read of the requirements of your skills assessor - some require work experience, many do not. You'll also want to make sure you check whether the requirements are for a "485 skills assessment" for the 485 visa only, or a full skills assessment for other skilled migration visas - this depends on whether you are applying for a 485 or some other skilled visa like a 189, 190 489, etc. Every skills assessor makes their own rules, and there is sometimes no rhyme or reason for these, you just have to read their website and regulations/info booklets/etc very carefully determine what they want, in what form (ie, documents), and how they want it provided to them.
Hope this helps -
Best,
Mark Northam
Dear Mark,
Thank you for your advice. I will check my work experience situation against ANZSCO first. I understand I can only start my skills assessment application when meeting all criteria: Degree, English language, Work experience? I can not apply for my degree assessment first and submit in a mean time language and experience? Only wondering what would be the quickest way to start assessment.
Also having the opportunity in here I would like to pass regards and big thank you for helping everyone with professional advice. Seen 2 different immigration officers and I have to say im very much so disappointed in not receiving enough info and advice. Much appreciate for your time. Would def use your services re consultation!
Agnes B
Am waiting pmv @ KenyaHi AgnesB -
Thanks for the kind words!
Key to all of your questions is a careful read of the requirements of your skills assessor - some require work experience, many do not. You'll also want to make sure you check whether the requirements are for a "485 skills assessment" for the 485 visa only, or a full skills assessment for other skilled migration visas - this depends on whether you are applying for a 485 or some other skilled visa like a 189, 190 489, etc. Every skills assessor makes their own rules, and there is sometimes no rhyme or reason for these, you just have to read their website and regulations/info booklets/etc very carefully determine what they want, in what form (ie, documents), and how they want it provided to them.
Hope this helps -
Best,
Mark Northam
Mark,Hi AgnesB -
Thanks for the kind words!
Key to all of your questions is a careful read of the requirements of your skills assessor - some require work experience, many do not. You'll also want to make sure you check whether the requirements are for a "485 skills assessment" for the 485 visa only, or a full skills assessment for other skilled migration visas - this depends on whether you are applying for a 485 or some other skilled visa like a 189, 190 489, etc. Every skills assessor makes their own rules, and there is sometimes no rhyme or reason for these, you just have to read their website and regulations/info booklets/etc very carefully determine what they want, in what form (ie, documents), and how they want it provided to them.
Hope this helps -
Best,
Mark Northam
My occupation is Social Worker, after my research i understand my only assessor for skills assessment would be AASW? (work experience or placements through study needed for positive outcome)
Regards
Agnes
Dear Mark,Hi Jimmy2014 -
Thanks for the kind words! Re: tourist visa, should not negatively impact your partner visa. Re: partner visa statement uploads, there is no specific spot for these, however many people upload under the "Nature of the Commitment to Each Other" section under the "Other" subcategory. Also, I think there's a "Statement of Future Plans" or something like that that some people use. I don't understand why DIBP doesn't just have straightforward subcategories for these...
Re: further uploads, you can keep on uploading further evidence and documents to your application after lodging, and until the case officer makes a decision.
Hope this helps -
Best,
Mark Northam
Thanks heaps for answering my queries, much appreciated.
I will touch base with your company Northam & Associates later this year to take advise on the documentation/evidence I have provided for Partner visa in addition to ensuring the application is decision ready at the time CO is assigned.
I firmly believe even a 45 min consultation with an expert like yourself and your team will be worth every cent.
Kind Regards,
Jimmy
Hi Mark,
When we do tourist visa and I will have my fiance do the invitation letter stating he wanted me to visit there and will support me throughout my stay as well as all my expenses and free accommodation, is it enough for him to do the invitation since he will be supporting me or do we have to have his parents do the letter because they own the house?
Thanks,
Megz
When we do tourist visa and I will have my fiance do the invitation letter stating he wanted me to visit there and will support me throughout my stay as well as all my expenses and free accommodation, is it enough for him to do the invitation since he will be supporting me or do we have to have his parents do the letter because they own the house?
Thanks,
Megz
Mi Megzchond -
Will all come down to whether you get condition 8503 on your visitor visa - hard to control/predict that!
Hope this helps -
Best,
Mark Northam
Hi Mark
Quick question
If a child is here on a student visa he is classed as an international student and pays full fees at school ok...
If we apply for permanent residency for him and his mum (who is on a guardian visa) they would go onto a bridging visa...
Would he still be treated as an international student ?
Would he be treated the same as a child of a parent on a study visa ?
Would he be treated as a resident ?
International students (ciscos) pay full fees, children of parents on study visas pay less for private schools and aussie kids pay nil in state schools
We are from New South Wales
Thanks in advance
Deano
Quick question
If a child is here on a student visa he is classed as an international student and pays full fees at school ok...
If we apply for permanent residency for him and his mum (who is on a guardian visa) they would go onto a bridging visa...
Would he still be treated as an international student ?
Would he be treated the same as a child of a parent on a study visa ?
Would he be treated as a resident ?
International students (ciscos) pay full fees, children of parents on study visas pay less for private schools and aussie kids pay nil in state schools
We are from New South Wales
Thanks in advance
Deano
Partner Visa
Hi Mark
I was granted my 176 visa in January 2010 but while in the process of getting this visa (started application process in 2008) began seeing my wife (after 18 years of going our seperate ways upon finishing school) and we got married in April 2010. After a few years of deciding we now want to emigrate from South Africa to Adelaide. I activated my visa in September 2010 by going over on a short holiday.
We have known each other since we were 11 years old, went to school together (we were even highschool sweethearts for nearly 4 years) and have photos to prove it along with wills showing each other as beneficiaries, joint home loan, joint utilities accounts, holiday photos, wedding invites, wedding photos, 2 statutory declarations from Aussie citizens (form 888) who have known us since we were kids.
My dilema being that the partner visa booklet states that I am expected to be usually residing in Australia as a permanent resident in order to be able to sponsor my wife. Due to the fact that I don't live there yet, does anybody know how strict they are with regards to this "technicality"? I will be going over about 3 months ahead of my family to secure work and we have accommodation to use for free through a family friend until we find our own place.
This must be a regular occurence considering the length of time it takes to go through the skilled visa process. After all, your life doesn't stop just because you are embarking on a process like that.
Thanks
Paul.
Hi Mark
I was granted my 176 visa in January 2010 but while in the process of getting this visa (started application process in 2008) began seeing my wife (after 18 years of going our seperate ways upon finishing school) and we got married in April 2010. After a few years of deciding we now want to emigrate from South Africa to Adelaide. I activated my visa in September 2010 by going over on a short holiday.
We have known each other since we were 11 years old, went to school together (we were even highschool sweethearts for nearly 4 years) and have photos to prove it along with wills showing each other as beneficiaries, joint home loan, joint utilities accounts, holiday photos, wedding invites, wedding photos, 2 statutory declarations from Aussie citizens (form 888) who have known us since we were kids.
My dilema being that the partner visa booklet states that I am expected to be usually residing in Australia as a permanent resident in order to be able to sponsor my wife. Due to the fact that I don't live there yet, does anybody know how strict they are with regards to this "technicality"? I will be going over about 3 months ahead of my family to secure work and we have accommodation to use for free through a family friend until we find our own place.
This must be a regular occurence considering the length of time it takes to go through the skilled visa process. After all, your life doesn't stop just because you are embarking on a process like that.
Thanks
Paul.
Hi AgnesB -
You're correct - AASW is the (only) appointed skills assessor for occupation Social Worker (ANZSCO 272511) so you'll have to meet their requirements for skills assessment if you want to apply for that occupation.
Hope this helps -
Best,
Mark Northam
You're correct - AASW is the (only) appointed skills assessor for occupation Social Worker (ANZSCO 272511) so you'll have to meet their requirements for skills assessment if you want to apply for that occupation.
Hope this helps -
Best,
Mark Northam
Mark,
My occupation is Social Worker, after my research i understand my only assessor for skills assessment would be AASW? (work experience or placements through study needed for positive outcome)
Regards
Agnes
Hi Jimmy2014 -
Glad I could assist - looking forward to working with you at a consultation later this year.
Best,
Mark Northam
Glad I could assist - looking forward to working with you at a consultation later this year.
Best,
Mark Northam
Dear Mark,
Thanks heaps for answering my queries, much appreciated.
I will touch base with your company Northam & Associates later this year to take advise on the documentation/evidence I have provided for Partner visa in addition to ensuring the application is decision ready at the time CO is assigned.
I firmly believe even a 45 min consultation with an expert like yourself and your team will be worth every cent.
Kind Regards,
Jimmy
Hi Megz -
I'd probably include both, in an effort to strengthen the application as much as possible.
Hope this helps -
Best,
Mark Northam
I'd probably include both, in an effort to strengthen the application as much as possible.
Hope this helps -
Best,
Mark Northam
Hi Mark,
When we do tourist visa and I will have my fiance do the invitation letter stating he wanted me to visit there and will support me throughout my stay as well as all my expenses and free accommodation, is it enough for him to do the invitation since he will be supporting me or do we have to have his parents do the letter because they own the house?
Thanks,
Megz
Hi Deano -
Thanks for the questions. I'm not an expert on NSW school tuition policy, however as far as I know, until a student is granted permanent residency (usually by being a dependent on their parent's PR application, etc), the student is liable for international student fees. You'll have to check with them to see if (like Medicare) they are willing to extend benefits based on a lodged PR visa application, rather than waiting until the PR is actually granted. Note that private schools may have their own, separate policies vs NSW public schools - again, key is research to determine exactly what policies apply to your situation.
Hope this helps -
Best,
Mark Northam
Thanks for the questions. I'm not an expert on NSW school tuition policy, however as far as I know, until a student is granted permanent residency (usually by being a dependent on their parent's PR application, etc), the student is liable for international student fees. You'll have to check with them to see if (like Medicare) they are willing to extend benefits based on a lodged PR visa application, rather than waiting until the PR is actually granted. Note that private schools may have their own, separate policies vs NSW public schools - again, key is research to determine exactly what policies apply to your situation.
Hope this helps -
Best,
Mark Northam
Hi Mark
Quick question
If a child is here on a student visa he is classed as an international student and pays full fees at school ok...
If we apply for permanent residency for him and his mum (who is on a guardian visa) they would go onto a bridging visa...
Would he still be treated as an international student ?
Would he be treated the same as a child of a parent on a study visa ?
Would he be treated as a resident ?
International students (ciscos) pay full fees, children of parents on study visas pay less for private schools and aussie kids pay nil in state schools
We are from New South Wales
Thanks in advance
Deano
Hi Paul -
Thanks for the questions. The "usually resident" regulation is absolutely enforced for partner visas where the sponsor is a permanent resident and not a citizen of Australia. I don't have enough data about your case, but would suggest waiting on the partner visa application at a minimum until you've come over here ahead of your family and made arrangements for a place to stay, and perhaps even a job - the more evidence you can show that you are now usually resident here, the better your chances of being approved re: that regulation. This is especially true given the short amount of time you've spent here since you were granted your PR visa - in your case you'll need that much more evidence that you truly now consider Australia your home in order to be successful re: usually resident regulation.
Hope this helps -
Best,
Mark Northam
Thanks for the questions. The "usually resident" regulation is absolutely enforced for partner visas where the sponsor is a permanent resident and not a citizen of Australia. I don't have enough data about your case, but would suggest waiting on the partner visa application at a minimum until you've come over here ahead of your family and made arrangements for a place to stay, and perhaps even a job - the more evidence you can show that you are now usually resident here, the better your chances of being approved re: that regulation. This is especially true given the short amount of time you've spent here since you were granted your PR visa - in your case you'll need that much more evidence that you truly now consider Australia your home in order to be successful re: usually resident regulation.
Hope this helps -
Best,
Mark Northam
Hi Mark
I was granted my 176 visa in January 2010 but while in the process of getting this visa (started application process in 2008) began seeing my wife (after 18 years of going our seperate ways upon finishing school) and we got married in April 2010. After a few years of deciding we now want to emigrate from South Africa to Adelaide. I activated my visa in September 2010 by going over on a short holiday.
We have known each other since we were 11 years old, went to school together (we were even highschool sweethearts for nearly 4 years) and have photos to prove it along with wills showing each other as beneficiaries, joint home loan, joint utilities accounts, holiday photos, wedding invites, wedding photos, 2 statutory declarations from Aussie citizens (form 888) who have known us since we were kids.
My dilema being that the partner visa booklet states that I am expected to be usually residing in Australia as a permanent resident in order to be able to sponsor my wife. Due to the fact that I don't live there yet, does anybody know how strict they are with regards to this "technicality"? I will be going over about 3 months ahead of my family to secure work and we have accommodation to use for free through a family friend until we find our own place.
This must be a regular occurence considering the length of time it takes to go through the skilled visa process. After all, your life doesn't stop just because you are embarking on a process like that.
Thanks
Paul.
his mark,I applied for PR visa,I'm still waiting for co, my question is,my birthcerificate doesn't have name of father,I never knew my father I used my mother's family name,will that be a problem
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