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Ask Mark! 2019 Thread - Page 12


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  #111 (permalink)  
Old 01-19-2019, 11:53 AM
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Hi Wesleybenson78 -

Thanks for the note. There is no particular rule against living together outside Australia while holding the temporary partner visa. However, living together is considered an important indicator of a genuine relationship by DHA so the more, the better is a good general rule. Time living apart is certainly not fatal to a partner visa, unless the time apart is not temporary in nature, and/or if the time apart somehow indicates that the relationship has broken down etc.

Also keep in mind that if you (the sponsor) are not an Australian citizen but instead are an Australian permanent resident, living abroad for extended periods could create a problem with the requirement that partner visa sponsors who are Australian permanent residents must be "usually resident" in Australia in order to qualify to sponsor a partner for a partner visa for Australia.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by wesleybenson78 View Post
Hi Mark!

I’m new to this forum and have a question regarding my wife’s visa. She was granted her temporary partner visa(offshore) last October, and won’t be eligible for her Permanent visa until Feb 2020, but we’re not sure whether we can live together in Vietnam until she receives her Permanent visa? We understand the need for us to ‘live together’, but we might also need to consider living separately for periods of time this year, something we are desperately trying to avoid.
I guess my question is, can we live together in Vietnam, and what are the requirements for living together?
Thanks

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  #112 (permalink)  
Old 01-19-2019, 11:54 AM
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Hi Nnaorin19 -

Thanks for the note. There is no particular issue with living in different parts of Australia during your 4 year residency qualifying period - just make sure you check all of the residency period requirements re absences from Australia, that you were physically in Australia on the day exactly 4 years prior to the date you apply for citizenship, and any other requirements as shown on the citizenship website.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by nnaorin19 View Post
Hi Mark, i intend to apply for Oz citizenship after 4 years of residence. I have recently moved to NT -3 months and most of my previous 5 years addresses are if nsw. Is that going to be any problem ? I have put nearest citizenship center as darwin. Thanks Nabila

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  #113 (permalink)  
Old 01-19-2019, 11:59 AM
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Hi Bariscan90 -

Thanks for the note - please see my responses below at ***:


Quote:
Originally Posted by bariscan90 View Post
Hi Mark,
I have a question about the 820/801 application process which I am hoping you/or someone else here, will be to help me out with.

I am planning to apply for this visa in a few months time and I would like to have some idea of the online page set up for when it is time to upload my documents.

Will there be sections for my documents to be uploaded? E.g. A section for identity documents, a section for our statements, a section for finances, our household, social matters, etc?
*** You must choose a category and subcategory for each file uploaded that describes what type of evidence it is. Fairly easy to navigate, and there's always subcategory "Other".


Also, I know I am to upload more documents in the future, after I have applied for the visa, to show thst the relationship is continuing. Will there be space on the online application page for me to do this? Or will I need to be careful when I upload my documents to allow myself space to upload more in the future?
*** There is a maximum file limit currently of 100 files for the applicant and 100 files for the sponsor - far better than the previous 60-file limit. Suggest however that you be careful not to use up too much space - ie, don't upload photos as individual files, make photo albums to conserve the filecount.

I also have some questions about Form 80. I have been having a look at it and I am uncertain about some of the questions.

For Part C, Question 14, they ask if I have national identity documents or numbers. What exactly do they want here? I have a National Id card from my country, but do they also want my birth certificate, my passport, my overseas driver's licence, my aussie learner's permit, etc?
*** The question is not worded very clearly on the form - in additional to any national ID card, applicants often include their birth cert if it has an ID number and other ID cards including drivers licenses.


For Part D, Question 15, they ask if I have any email addresses and to list them all. Do you know why they ask for this information?
*** I would assume to harvest information about you online - DHA is known to trawl through social media accounts if they are concerned or want to know more about a person, especially re partner visas where a person's social life is often "on display" in social media.

For Part H, Question 26, they ask for me to list the towns/cities I will visit during further stay in Australia. I do not know where I might travel in the future so I am unsure how to answer this. Of course I will travel in the future but as I have no immediate plans I really do not know how I can list destinations.
*** You might want to just put your initial destination there.

Thank you!
Hope this helps -

Best,

Mark Northam

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  #114 (permalink)  
Old 01-19-2019, 12:00 PM
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Hi Nnaorin19 -

Yes. As police certificates are required from all countries you have spent a total of 12 months or more in during the last 10 years, the address history helps DHA confirm which countries you will need this document from. I expect that other various police and intelligence service checks may also rely on that info, but only a guess.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by nnaorin19 View Post
I am just wondering why the DIBP/Home affairs asks for last 5/10 years addresses? Is this for conducting police checks? Thanks Nabila

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  #115 (permalink)  
Old 01-19-2019, 12:02 PM
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Hi JustinF -

Thanks for the note. Difficult to predict this sort of thing. Lebanon is considered a high-risk country, and the more time spent in high-risk countries could cause the risk profile of a visa applicant to increase - DHA doesn't publish this sort of info so it's difficult to know.

My suggestion is to ramp up the genuine temporary entrant evidence you include with the application to try and show as thoroughly as you can that the applicant has very strong ties to their home (or other) countries and that they have a very strong incentive NOT to overstay their visa in Australia.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by JustinF View Post
Hi Mark and happy new year.

I have a friend who's a Filipino national, 25 years old and wants to come to Australia on a tourist (600) visa for a while (3 months initially).

She has been working in Lebanon for the last 4 years on a valid working visa. She started work there in May 2015, returned to Philippines for a vacation for a couple of weeks in May 2017 before returning to Lebanon.

Her current passport expires in December but she's going to be renewing that shortly while still in Lebanon.

Do you see any issues with her obtaining a Tourist (600) visa for 3 months visit and travelling directly from Lebanon to Australia?

Many thanks for your, or anyone else's opinion on this.

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  #116 (permalink)  
Old 01-19-2019, 12:04 PM
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Hi Nnaorin19 -

I have not heard of this sort of improvement, only that there is a massive backlog of citizenship applications currently in the system. Fingers crossed that citizenship processing times are coming down, because waiting years for this is simply ridiculous. The idea that "slow-walking" various types of visa and/or citizenship applications is a reasonable way to reduce immigration (as opposed to passing legislation to do so) is wrong and very unfair in my opinion.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by nnaorin19 View Post
Hi Mark, happy new year! I have heard that the citizenship processing time in nsw has been 6 months now after Scott morrison came in power. Is that true? It seems too good to be true🙃

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  #117 (permalink)  
Old 01-19-2019, 12:07 PM
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Hi Vinee1 -

I don't know what AHPRA's rules are regarding this so best to check with them. Re DHA (immigration dept), I don't believe they as a normal course of processing a visa try to verify that all info on the visa application matches with all info on a skills assessment application. However, if DHA identifies information or documents as part of a visa application that they believe may be fraudulent or incorrect, they will sometimes check with the skills assessor to see if the same info has been submitted to the skills assessor, since the PIC 4020 regulations re bogus documents or incorrect information cover information presented to skills assessors as well as information presented to DHA.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by Vinee1 View Post
Hi Mark
I am a nurse by profession and I have a query at this stage..When I applied for AHPRA decision letter I didn't submit my overseascomplete experience..Will it make any problem when i will submit for PR in Australia with my complete experience??Shortly I meant for is there any relation between AHPRA and Immigration during the Nurses PR processing?

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  #118 (permalink)  
Old 01-19-2019, 12:08 PM
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Hi NTAu -

Thanks for the note. Short answer: no documents needed to prove relationship to your parents or siblings if you are applying for a 485 as the sole applicant and your parents or siblings are not financially dependent on you.

Best regards,

Mark Northam



Quote:
Originally Posted by NTAu View Post
Hi Mark,

I am applying for visa 485 for myself only. I understand that I need to fill in the information of my parents and siblings in the form 80..... however, do I need to provide any documents to prove these relative relationships (eg: marriage certificates of parents; birth certificates of siblings)?

Looking forward to your reply. Thanks in advance!

NTAu

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  #119 (permalink)  
Old 01-19-2019, 11:37 PM
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Partner Visa - New Rules

Hi,
My partner and I are preparing our application for a Partner Visa. We are wondering if the new rules will commence within the next four weeks?

I am currently on a Working Holiday Visa, so we want to apply for the Partner Visa so I can stay in my current job (extend the 6 months rule). Obviously also so I can stay in Australia after the WH visa expires..

We are pretty stressed and we might have to just start applying tomorrow to make sure, but we would like to sort our evidence nicely and reference it properly.

Thanks for any replies and thanks for all the help through reading this forum.


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  #120 (permalink)  
Old 01-20-2019, 09:51 PM
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Please update your flag here .

N/A

Hello sorry, my inquiry is no longer needed so I just need to delete this.


Last edited by AnxietyAttack9x; 01-21-2019 at 04:21 AM. Reason: No longer need.

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