Ask Mark! 2019 Thread - Page 13

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Ask Mark! 2019 Thread - Page 13

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  #121 (permalink)  
Old 01-20-2019, 10:53 PM
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thanks very much Mark, we so appreciate your assistance! Hope you had a wonderful holiday!


Originally Posted by MarkNortham View Post
Hi Maria37 -

Thanks for the note and sorry for the delay - am catching up after the holidays!

Yes, the 12 month expiration time does apply to sponsor police checks as it applies to those lodged by applicants. Case officers have the discretion to extend the validity period of these on a case-by-case basis, however no good way to predict if they will choose to do that. There is also a discretion where if you can show that you have not entered a country since you originally provided a PCC cert (by submitting all pages of your passport(s), etc), case officers MAY waive the requirement to lodge another PCC If the current one expires.

Hope this helps -


Mark Northam

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  #122 (permalink)  
Old 01-21-2019, 02:28 AM
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Hi Mark!

Me and my husband are trying to start a new life in Australia. I got an invitation for the 190 visa. We are trying to comply the requirements for the visa. However l,my husband has been living in the USA illegally for 15 years . He came to the state legally for a year working visa ,but never left . I'm a legal resident in the USA.
My question is, in the form 80 they ask about visa overstay,can we not mention that my husband has overstayed his visa ? We are afraid we will be denied Australian visa if we declared his status.

Also for work history and addresses we don't have the exact month's and dates , can we just provide the year ?

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  #123 (permalink)  
Old 01-21-2019, 06:40 AM
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CO contact for PCC due to an error in Form 80 and 1221

Hi Mark,

Hope you are doing well.I have received a request for PCC from UK and USA due to an error while filing form 80 and 1221. I have a degree from a University in london and i have mentioned the London address instead of their approved Tuition providers address in U.A.E. Similarly for U.S.A. also i have mentioned the main bodies name for my certification instead of self-study and institution's name. Now, CO is asking for PCC from this 2 countries which i have not visited. May i know how to deal with this issue?

Thank You

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  #124 (permalink)  
Old 01-21-2019, 09:27 AM
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Exclamation Working Rights (student to defacto visa)

Hi Mark,

Just have an Urgent Enquiry , if anyone can help much appreciated .

My partner and i would like to apply for a De-Facto visa finished the application but have not yet submitted . As we have found information that states, that when we apply for the De Facto visa he will be put on a bridging visa that takes over the same rules as his previous Visa . His student visa doesn't finish until 20.10.2020 and when we apply for this De- facto visa does that mean working rights are the same? So he would have to continue studying and follow the working rights till he is granted the De-facto and offered a different Visa (BVA)

If the above is the case , could he change his student visa to a shorter course do it , then we could apply for the De-facto Visa ?

Any help of ideas would be much appreciated .

Last edited by Renon; 01-21-2019 at 09:28 AM. Reason: correction

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  #125 (permalink)  
Old 01-21-2019, 04:17 PM
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Hi Mark,

Thank you for this thread.

My husband's A Federal police clearance had traffic convictions like DUI's and I saw a bar fight kind of assault thing. None of which had jail time, just fines and such. I am worried though since I don't know if this could impact our application negatively.

They all happened 11 years back and earlier than that, in his 20's...query, would this be a reason to deny us a 309/100 visa or a reason to ask for more documentation?

Secondly, what kind of evidence would you recommend for a couple living apart?(we can only afford to visit each other once a year). He tried living here in Kenya
2015 but it wasn't viable. We have no joint bank accounts, he couldn't open a savings with a foreigner in AU and neither could I with him in Kenya 😕. We've been together since 2014, have a 2yo girl (born in Kenya and has Australian citizenship july 2018). We were legally married from 2018 in Australia. Applied for a 309/100 in Sept 5th 2018 in Kenya, where I live and work with our 2yo. He is living and working in Adelaide.

Any comments, ideas or similar cases would be most helpful.


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  #126 (permalink)  
Old 01-22-2019, 01:23 AM
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Trying to delete this post

My wife has recently obtained her Permanent Resident Visa

Last edited by Merc66; 01-25-2019 at 11:06 PM.

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  #127 (permalink)  
Old 01-22-2019, 12:38 PM
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Users Flag! From china

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Hi Mark,

Thanks for posting this thread.

My husband(Australian citizen) and I have lodged our 309 visa in June 2018. Just wondering if he moves to my country to live with me while we are waiting for our visa result, would his living overseas thing impact on the CO's decision on our visa application? Also, do we need to update his new information(such as home address/phone number etc.) with immigration via our Immi account?

Hope to hear from you soon. Much appreciated!Thank you.

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  #128 (permalink)  
Old 01-23-2019, 08:01 AM
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Hi Mark,

Happy New Year!
I am from Indonesia, and in 2016, I got tourist visa, valid for 3 years until 25 Oct 2019, length of stay for each visit is 3 months.
So I plan to enter Australia 1st of March 2019 and apply for Partner Visa 820. I am married to Australian Citizen.
Just want to ask you, once I submit application, will I get BVA? And what's the starting date of BVA, is it on the day of my application, 1 June, or after 25 Oct? Will I be able to work by then?

Thank you so much!

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  #129 (permalink)  
Old 01-23-2019, 02:50 PM
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Hey Mark. Any idea how long are partner applications from Santiago, Chile taking? Or where could I find this information? Thanks!

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  #130 (permalink)  
Old 01-23-2019, 11:36 PM
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Hi Mark,

I'm currently on a 457 visa as secondary (partner) applicant but have lodged my own 482 visa (incl granted BVA which is not active yet because my 457 visa is still running).

What happens in the case that the 457 visa gets canceled because the main applicant decides not to work for that company anymore? Do you know if my bridging visa would be automatically activated as I already started a new visa application (482)?

I heard from one migration agent that if the 457 gets canceled my BVA (which is part of the 482 application) would be cancelled as well? That just doesn't make sense to I thought the BVA is there to help me while the 482 is being processed.

Thanks in advance.

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