Initial Visit to Australia - Page 2

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Initial Visit to Australia - Page 2


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  #11 (permalink)  
Old 04-02-2013, 06:09 AM
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Users Flag! From pakistan

Hi Mark,
Thanks alot for the advice. I am the girl and got the grant. We both are Pakistanis but have been living in Kuwait since past 11 years.
I have not made my initial entry yet.
If my fiance gets a 6 - 7 months student visa ( his company is sponsoring the trip) and we both travel together and marry in Australia in few months time and apply for spouse visa , is this going to be workable?
I understand that there are other ways like PMV , but I am not wiling to leave without him
Please guide.
Thanks
Nosheen


  #12 (permalink)  
Old 04-02-2013, 01:19 PM
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Hi Nosheen -

I wish there was a simple answer to your question. A big issue would be whether or not the student visa he is issued has condition 8534 (student visa version of no further stay) attached to it. If so, an onshore partner visa would be very difficult. If not, then an onshore partner application would at least not be prohibited by law (unless there are other factors or conditions involved here that I don't know about). Unfortunately for Pakistani citizens, 8534 is required for all course durations of 10 months or less, so if you go this route, it would be important to apply for a visa for a course that is more than 10 months in duration - even that does not guarantee that 8534 won't be applied, but at least with that there's a chance it might not be.

Beyond the no further stay issue, you'd have to provide satisfactory relationship evidence and meet all of the other requirements of the partner visa application.

Best,

Mark Northam

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

  #13 (permalink)  
Old 04-02-2013, 01:39 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Nosheen -

I wish there was a simple answer to your question. A big issue would be whether or not the student visa he is issued has condition 8534 (student visa version of no further stay) attached to it. If so, an onshore partner visa would be very difficult. If not, then an onshore partner application would at least not be prohibited by law (unless there are other factors or conditions involved here that I don't know about). Unfortunately for Pakistani citizens, 8534 is required for all course durations of 10 months or less, so if you go this route, it would be important to apply for a visa for a course that is more than 10 months in duration - even that does not guarantee that 8534 won't be applied, but at least with that there's a chance it might not be.

Beyond the no further stay issue, you'd have to provide satisfactory relationship evidence and meet all of the other requirements of the partner visa application.

Best,

Mark Northam

Hi Mark ,
Thanks for such a detailed reply. At the time I was waiting for my grant decision I hd consulted advisers but I they had not mentioned the " No further stay condition"

One of the consultants has suggested me that get the student visa regardless and if it is with " No further stay" condition travel with him and let him travel back for few days and apply offshore partner visa and let him come to australia. So while you are in australia together your offshore aaplication will be processed. Is that True?

Without "No further stay condition" if i apply for spouse visa while he is still studying will he get spouse visa while his course is running. We intend to finish the course regardless?

Thanks


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  #14 (permalink)  
Old 04-02-2013, 01:56 PM
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Hi Nosh -

Sounds like the advisors you have been speaking to need to do their homework on student visa conditions!

Re: applying for partner visa while studying, no problem there generally - the student visa will remain in effect until it expires or the partner visa is granted and replaces the student visa. If the student visa expires prior to the partner visa decision and the partner visa was applied for onshore, the applicant will get a bridging visa that will activate upon expiration of the student visa and allow the person to remain in Australia until the partner visa decision. Note that that option is not available if the partner visa had been applied for offshore.

Your case is somewhat complex - there are many "moving parts" - issues that are interdependent on each other. If you'd like specific, detailed advice for your case, you may be interested in a consultation - you can book one here if you're interested:

Northam & Associates – Professional Migration Consulting Session

Hope this helps -

Best,

Mark Northam

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

  #15 (permalink)  
Old 04-02-2013, 02:06 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Nosh -

Sounds like the advisors you have been speaking to need to do their homework on student visa conditions!

Re: applying for partner visa while studying, no problem there generally - the student visa will remain in effect until it expires or the partner visa is granted and replaces the student visa. If the student visa expires prior to the partner visa decision and the partner visa was applied for onshore, the applicant will get a bridging visa that will activate upon expiration of the student visa and allow the person to remain in Australia until the partner visa decision. Note that that option is not available if the partner visa had been applied for offshore.

Your case is somewhat complex - there are many "moving parts" - issues that are interdependent on each other. If you'd like specific, detailed advice for your case, you may be interested in a consultation - you can book one here if you're interested:

Northam & Associates Professional Migration Consulting Session

Hope this helps -

Best,

Mark Northam
Thanks Mark,
That is of great help. I will for sure have a consultation session booked? Are you the consultant there?

Secondly , as of now do you suggest me to have a student visa applied for a course that exceeds 10 months course.

Will a person who is 30 years of age and has a BSc back in 2003 easily get student visa? (Pakistani)

We had his compnay signed a letter for 6 months diploma easily , and we can still get the company sponsorship for an year.

Thanks
Nosheen


  #16 (permalink)  
Old 04-02-2013, 10:13 PM
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Hi Nosheen -

Yes, I would be the migration agent you would have your consultation with via the link I sent.

Re: 10 month course, any course you get should be longer than this to try and avoid the 8534 condition, but even a 12 month course is no guarantee of avoiding this since it's discretionary.

Re: easy to get a student visa, to be blunt, it is never easy to get a visa for someone from a high risk country. And getting one without a no further stay condition makes it harder still. An important factor will be choosing a course that makes sense for the applicant given his/her previous education, etc.

Best,

Mark Northam




Quote:
Originally Posted by Nosh View Post
Thanks Mark,
That is of great help. I will for sure have a consultation session booked? Are you the consultant there?

Secondly , as of now do you suggest me to have a student visa applied for a course that exceeds 10 months course.

Will a person who is 30 years of age and has a BSc back in 2003 easily get student visa? (Pakistani)

We had his compnay signed a letter for 6 months diploma easily , and we can still get the company sponsorship for an year.

Thanks
Nosheen

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

  #17 (permalink)  
Old 04-04-2013, 05:25 AM
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Users Flag! From oman

HI nosh,

If your visa is NOT granted yet, you can make a request to add your wife to your application. you need to show necessary legal documents !

IF your visa is granted, you can sponsor your wife ( i think it is spouse visa).but you have go through the application procedure again and you have to pay the application fee.

i did the same for my kid, since she was not born at the time of granting. so, i sponsored her. all happened off- shore and i am yet to move to Aus and settle !

hope this would help !!!

cheers

Quote:
Originally Posted by Nosh View Post
Hi Mark,

Firstly is this the right forum subject or shal I post this question under different heading?

Thanks for your reply. I am in a situation where I am very confused. I am planning to get married now. At the time I lodged the visa there were no serious plans of getting married.
Now the matter is I do not want to travel alone at all . What are the possible ways (visa options) that my fiance also travels with me and later on we can marry or even marry now and have him converted to spouse visa?
Thanks


  #18 (permalink)  
Old 04-06-2013, 04:49 AM
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Please update your flag here .

Hi Mark,

I am not sure about whether to ask this query in this thread or not. I want to apply for AUS PR (Under 190 subclass). I have two queries regarding my work experience.

1. Will it have a negative impact on VISA APPROVAL if I have an experience in field different than my graduation study? For e.g. I am a computer Engineer and working in Building/Construction/Real Estate field.

2. Is it mandatory that at the time of application, I should be in same profession/occupation for which I am claiming the points? For e.g. I want to apply for WA so whether WA has any criteria related to current work experience? Is it ok if I am unemployed in the same field since quite long time (Around 1 year)

I would be obliged if you can give me pointwise reply.

Thanks in advance.


  #19 (permalink)  
Old 04-06-2013, 07:24 AM
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Hi Shjuthani -

Re: work experience, your work experience that you claim for points for a skilled visa must be closely related to the occupation code that you choose. If you have non-related work that's not a problem and won't disqualify you generally, however you can't claim points for that work on the skilled points test, and it likely will not be counted by the skills assessor either.

Re: unemployed at time of application, I don't know any specific problem with that - it will be up to the state sponsorship authority to determine based on that and the rest of your information whether they want to sponsor you or not.

Hope this helps -

Best,

Mark Northam

Quote:
Originally Posted by shjuthani View Post
Hi Mark,

I am not sure about whether to ask this query in this thread or not. I want to apply for AUS PR (Under 190 subclass). I have two queries regarding my work experience.

1. Will it have a negative impact on VISA APPROVAL if I have an experience in field different than my graduation study? For e.g. I am a computer Engineer and working in Building/Construction/Real Estate field.

2. Is it mandatory that at the time of application, I should be in same profession/occupation for which I am claiming the points? For e.g. I want to apply for WA so whether WA has any criteria related to current work experience? Is it ok if I am unemployed in the same field since quite long time (Around 1 year)

I would be obliged if you can give me pointwise reply.

Thanks in advance.

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

  #20 (permalink)  
Old 04-07-2013, 06:21 AM
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Join Date: Apr 2013
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Quote:
Originally Posted by MarkNortham View Post
Hi Nosheen -

Yes, I would be the migration agent you would have your consultation with via the link I sent.

Re: 10 month course, any course you get should be longer than this to try and avoid the 8534 condition, but even a 12 month course is no guarantee of avoiding this since it's discretionary.

Re: easy to get a student visa, to be blunt, it is never easy to get a visa for someone from a high risk country. And getting one without a no further stay condition makes it harder still. An important factor will be choosing a course that makes sense for the applicant given his/her previous education, etc.

Best,

Mark Northam
Hi Mark ,

Thanks for the explanation. I will for sure consider all these factors while aplying for the visa. My Fist entry is dec 2013. leaves me with some time to evaluate possible options. You have been of great help and will time to check things with you.

Thanks
Nosh


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