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*edit - op amended his post I wish I had of quoted it they were asking ways to stay in Australia and mentioned a false defacto. Obviously with the edit the nature of my post now looks harsh. However I personally am not amused by visa fraud and the op considering it got my back up.

Suggestion - go and see a registered migration agent.

Suggestion - don't accept an offer of a false defacto visa application, providing Immi with false or misleading info will cause you a world of pain

Suggestion - Return to your home country and apply for another visa if and when you are eligible.
 

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Discussion Starter · #3 ·
Suggestion - go and see a registered migration agent.

Suggestion - don't accept an offer of a false defacto visa application, providing Immi with false or misleading info will cause you a world of pain

Suggestion - Return to your home country and apply for another visa if and when you are eligible.
thanks for the suggestion. but let me make it clear to you that I am not providing any false documents.
secondly I didn't fight for this long to go home hence I have asked for suggestions of how to stay back not for telling me an obvious thing.
thanks again for your reply.
 

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So you made a mistake - not supplying a required form.

This means your visa must be refused.

You don't like this fact.

Then use Australian resources the AAT - That you can not win as you did not supply the required document when it was due. Your case gets dismissed.

You then further use expensive Australian resources the Court trying to sue a correct decision made by DIBP and the AAT.

You have admitted you are at fault - stop wasting our limited resources.

Other people are waiting on visas to be processed, waiting for valid AAT hearing and waiting for court dates.

How much of the publics money do you think you have used? My guess is it is far more than $9,000.
 

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okay so here is my situation.
I did my masters from monash in journalism and international relations. when the time came to apply for the temporary visa that's the post study work visa I forgot to submit my AFP. As a result the temporary visa was cancelled.
then I ended up putting an MRT which unfortunately didn't work either as they refused to change the decision. after which I had 28 days to either leave or sue immigration and tribunal.
I ended meeting a lawyer who told me that doing that wont make any difference and it will only buy me time to apply for a different visa.
that is exactly what I needed as I didn't have money at that time. I had a friend who offered me de facto since we were dating for a few years but I am looking for a different option if any other are available. I thought of applying for 189 visa but I am not sure if I fit the criteria or which skill list should I apply for since I did my masters in journalism and masters in international relations with my bachelors in journalism and mass communication.
but currently working at a share registry since my field in which I studied requires only residents. hence working in a call centre at the moment.
I have my first court date on 22nd Nov and my lawyer has advised me to pull out the case before the third hearing since its going to get really expensive after that.
I have till now spend $9000 since the time my TR was cancelled last year in October by paying for lawyer fees and forms.
I am extremely confused at this stage since I don't want to make another mistake and waste more money. please note I am in Melbourne and can not move interstate as I have a job here a house and a dog.
please provide any suggestions that you guys have as I am running out of time.
Wtf. This makes me angry!
 
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thanks for the suggestion. but let me make it clear to you that I am not providing any false documents.
secondly I didn't fight for this long to go home hence I have asked for suggestions of how to stay back not for telling me an obvious thing.
thanks again for your reply.
If you do a defacto visa with a friend then you would be supplying false or misleading documents.

There is no visa that is designed for "staying back in Australia at any cost".

When people tell you an obvious thing it is usually because you have exhausted your other options. Unless you give us quantifiable information as to eligibility for another visa we are unable to assist. I can list all the visas, it doesn't make you eligible for them.

If you want an individual assesment if your complete case circumstances and eligibility give your info to an RMA and pay for their consult.

If not then based on what you have told us your next option is leave the country and apply again at such time that you meet he criteria of one of Australia visas...
 

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Be careful of the sunk cost fallacy. If your immigration lawyer is advising you to pull out I'd be inclined to take their advice - they're obviously being honest and realistic about your chances of success be thankful they're not just telling you to forge ahead for the income they could generate from you. If you have a legitimate claim for defacto consult a registered migration agent about your chances. You may have to go offshore to lodge that visa. Sorry to hear of your situation.
 

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Okay so here is my situation.

I did my masters from monash in journalism and international relations. when the time came to apply for the temporary visa that's the post study work visa I forgot to submit my AFP. As a result the temporary visa was cancelled.

Working in call centre as communication officer. Trying to apply for 189 visa.Originally Posted by sid5 View Post
okay so here is my situation.
I suggest that first of all you read up on section 48: https://www.border.gov.au/Forms/Documents/1026i.pdf

Secondly, and I don't mean to sound unsympathetic, but I am constantly amazed that people who are smart enough to obtain a university degree, seem incapable to correctly lodge a sc. 485 Student Graduate Visa.

At the time you apply, you MUST meet English requirements and you MUST have applied for a National Police Certificate. It is clearly spelled out on the DIBP web-site. Maybe it should be compulsory for all sc. 485 applicants to use a migration agent so that a relatively simple process does not turn into an expensive ,and totally avoidable, nightmare.

These are the basic requirements for the Graduate work stream:

At the time you apply for this visa you must:

  • be in Australia
  • be under 50 years of age
  • hold a valid visa;
  • hold or have held an eligible Student visa in the last 6 months;
  • have met the Australian study requirement in the last 6 months
  • have applied for a skills assessment in your nominated occupation from the relevant Skilled Occupation List
  • have evidence that you, and all persons included in this application, have adequate health insurance
    [*]have evidence you have applied for a check of criminal records with the Australian Federal Police for you and all persons included in this application who are aged 16 years or over
  • have evidence of the required level of English at the time you apply for your visa.

These are the basic requirements for the Study Work stream

At the time you apply for this visa you must
  • be in Australia
  • be under 50 years of age
  • hold a valid visa
  • hold or have held an eligible Student visa in the last 6 months
  • have met the Australian study requirement in the last 6 months
  • have applied for and subsequently been granted your first Student visa on or after 5 November 2011
  • have completed an eligible qualification at an eligible institution in the last 6 months have evidence that you, and all persons included in this application, have adequate health insurance
    [*]have evidence you have applied for a check of criminal records with the Australian Federal Police for you and all persons included in this application who are aged 16 years or over
  • have evidence of the required level of English at the time you apply for your visa.
 
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Okay so here is my situation.

I did my masters from monash in journalism and international relations. when the time came to apply for the temporary visa that's the post study work visa I forgot to submit my AFP. As a result the temporary visa was cancelled.

Working in call centre as communication officer. Trying to apply for 189 visa.Originally Posted by sid5 View Post
okay so here is my situation.
I suggest that first of all you read up on section 48.

https://www.border.gov.au/Forms/Documents/1026i.pdf

Secondly, and I don't mean to sound unsympathetic, but I am constantly amazed that people who are smart enough to obtain a university degree, seem incapable to correctly lodge a sc. 485 Student Graduate Visa.

At the time you apply, you MUST meet english requirements and you MUST have applied for a national Police Certificate. It is clearly spelled out on the DIBP web-site. Maybe it should be compulsory for al sc. 4585 applicants to use a migration agent, so that, what should be a relatively easy process, does not turn into an expensive, and totally unnecessary , nightmare.

These are the basic requirements for the Graduate work stream::

At the time you apply for this visa you must:

  • be in Australia
  • be under 50 years of age
  • hold a valid visa;
  • hold or have held an eligible Student visa in the last 6 months;
  • have met the Australian study requirement in the last 6 months
  • have applied for a skills assessment in your nominated occupation from the relevant Skilled Occupation List
  • have evidence that you, and all persons included in this application, have adequate health insurance
    [*]have evidence you have applied for a check of criminal records with the Australian Federal Police for you and all persons included in this application who are aged 16 years or over
  • have evidence of the required level of English at the time you apply for your visa.

These are the basic requirements for theStudy Work stream
At the time you apply for this visa you must
  • be in Australia
  • be under 50 years of age
  • hold a valid visa
  • hold or have held an eligible Student visa in the last 6 months
  • have met the Australian study requirement in the last 6 months
  • have applied for and subsequently been granted your first Student visa on or after 5 November 2011
  • have completed an eligible qualification at an eligible institution in the last 6 months have evidence that you, and all persons included in this application, have adequate health insurance
    [*]have evidence you have applied for a check of criminal records with the Australian Federal Police for you and all persons included in this application who are aged 16 years or over
  • have evidence of the required level of English at the time you apply for your visa.
 
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