Ask Mark! 2019 Thread - Page 15

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Ask Mark! 2019 Thread - Page 15


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  #141 (permalink)  
Old 01-30-2019, 10:53 PM
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Partner visa 820

Hi Mark,Hope your doing well. In 9th of Feb it will be one year since my partner and I have moved in together (we started our relationship 1.6 years ago). Can I apply for visa now as I'm worried about the new legislation, or I should wait until 9th of Feb and then apply (I have enough documents to prove 4 sections)?


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  #142 (permalink)  
Old 02-02-2019, 08:43 AM
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Tourist Visa to 820

Hi Mark,

Thank you for your post and for giving an opportunity to ask questions.

I have been recently approved a 6 months tourist visa. The only conditions are 8101 (no work) and 8201 (Maximum three months study). It's a single entry visa.

I am getting married next month in my home country. My soon to be the partner is an Australian Citizen. I intend to travel to Australia with him and I was wondering if I can apply for 820 visa in Australia?

Our intention is to get the marriage registered in Australia first and then apply for 820. I have read quite a few posts and I have documented all the evidence we will be needing for this application. If we lodge 820 in April 2019, does the 2year period date start from the date of lodgment or does it start when the bridging visa comes into effect?

Do you see any issues in me applying for 820 and any suggestions on my scenario would be most welcome.

Thanks Mark.


Last edited by ozmigration123; 02-02-2019 at 09:31 AM.

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  #143 (permalink)  
Old 02-02-2019, 11:55 AM
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Hi Ozmigration123 -

Sorry for the delay in responding - just catching up here with all outstanding questions over the next day or so.

Re applying onshore, none of the conditions you mentioned would currently restrict you from lodging an onshore partner visa application if you met all the other requirements for the visa including having a marriage that is valid according to Australia law and suitable evidence of the underlying relationship among other requirements.

The new partner visa legislation passed in December may change that and require the sponsor to first apply for and be approved to sponsor you before you can lodge a partner visa application, but that's not clear at the moment as DHA has not released the specifics of the regulations and policy that will be used to implement the new legislation.

Re 2 year period, if you're referring to the time after which you can lodge further paperwork to continue the permanent part of the partner visa application, that begins at the date of lodgment for the original partner visa, even if the bridging visa for the partner visa does not activate until some weeks or months later when you "overstay" the stay period of the visitor visa which would cause the bridging visa to activate to allow you to remain in Australia until a decision is made on the partner visa.

Hope this helps -

Best,

Mark Northam




Quote:
Originally Posted by ozmigration123 View Post
Hi Mark,

Thank you for your post and for giving an opportunity to ask questions.

I have been recently approved a 6 months tourist visa. The only conditions are 8101 (no work) and 8201 (Maximum three months study). It's a single entry visa.

I am getting married next month in my home country. My soon to be the partner is an Australian Citizen. I intend to travel to Australia with him and I was wondering if I can apply for 820 visa in Australia?

Our intention is to get the marriage registered in Australia first and then apply for 820. I have read quite a few posts and I have documented all the evidence we will be needing for this application. If we lodge 820 in April 2019, does the 2year period date start from the date of lodgment or does it start when the bridging visa comes into effect?

Do you see any issues in me applying for 820 and any suggestions on my scenario would be most welcome.

Thanks Mark.

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  #144 (permalink)  
Old 02-02-2019, 01:08 PM
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Thanks for your response Mark - much appreciated.

You mentioned having a marriage that is valid according to Australia law - what does that mean? If we don't register the marriage in Australia and apply it based on a Marriage certificate from the home country, wouldn't that be acceptable?

I read somewhere on Facebook that the new legislation requiring Sponsorship to be approved kicks in June 2019. Not sure, how true is that?

From immigration's point of view, Is it called "overstaying" tourist visa when the bridging visa kicks in? If it's called overstaying, isn't that bad especially if you are applying for a tourist visa to some countries where the questionnaire asks you about overstaying a visa.

If we need to travel overseas, I understand a different class of bridging need to be requested, does that impact the processing time of 820?

If any urgent event happens back home, can you travel without changing the bridging visa type? What if you leave the country to attend an emergency and then inform immigration. Do they judge this on a case by case?

Thanks for your help so far.

Quote:
Originally Posted by MarkNortham View Post
Hi Ozmigration123 -

Sorry for the delay in responding - just catching up here with all outstanding questions over the next day or so.

Re applying onshore, none of the conditions you mentioned would currently restrict you from lodging an onshore partner visa application if you met all the other requirements for the visa including having a marriage that is valid according to Australia law and suitable evidence of the underlying relationship among other requirements.

The new partner visa legislation passed in December may change that and require the sponsor to first apply for and be approved to sponsor you before you can lodge a partner visa application, but that's not clear at the moment as DHA has not released the specifics of the regulations and policy that will be used to implement the new legislation.

Re 2 year period, if you're referring to the time after which you can lodge further paperwork to continue the permanent part of the partner visa application, that begins at the date of lodgment for the original partner visa, even if the bridging visa for the partner visa does not activate until some weeks or months later when you "overstay" the stay period of the visitor visa which would cause the bridging visa to activate to allow you to remain in Australia until a decision is made on the partner visa.

Hope this helps -

Best,

Mark Northam


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  #145 (permalink)  
Old 02-02-2019, 05:05 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.
Grateful

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  #146 (permalink)  
Old 02-03-2019, 03:48 AM
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Hi Mark, Thanks for your response. I was wondering in Visa 820, should both partners write statuary declaration for 4 all aspects (total 8 Stat Dec), or one Stat Dec is enough for all for aspects from either applicant or sponsor point of view (total 4 Stat Dec)?


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  #147 (permalink)  
Old 02-03-2019, 06:09 PM
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Hello,

I am looking to apply for TSS 482 visa. I have 2 years of work experience in Hardware Test Engineering occupation.
I have an employer willing to sponsor for me. What would be the requirements and process for applying the visa?


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  #148 (permalink)  
Old 02-04-2019, 01:30 AM
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Hello Mark,

I'm visiting my partner on a visitor visa 651 without No Further Stay condition and multiples entries for up to 3 months that ends in May.

We were living together in my home country, but he had to come back to Australia for work reasons and I couldn't follow him because of work and family issues. We've been apart for 8 months with continuous communication and multiples visits back and forth from both of us every 2 months.

I'm currently in Australia for 1 month, and we were thinking about lodging the application for 820/801 this time around. However, I have to go back to my country to finalise our lease, sign up work resignation, etc. and then come back to Australia for good before my visitor visa expires (May).

So my question is: given that my BVA wouldn't be activated at the time of leaving Australia and I would come back under the same visitor visa (651), would the BVA still kick in 3 months after my last entry? Or would I have to apply for a BVB before leaving? Or this can't be done and I'd have to wait the 3 months before being able to leave Australia (with a BVB)?

I hope I made myself clear as I know this question is a little complicated.

Thank you very much for this thread.


Last edited by MarCi; 02-04-2019 at 01:37 AM.

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  #149 (permalink)  
Old 02-04-2019, 07:04 AM
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Hi Mark,

Really appreciate the help you give on here.

My question; Is a Provisional order with victims services considered a debt to the Australian government? Will the large sum ($6000) affect the application of a sponsor?

I believe the offense wasn't significant enough to affect it, So I am mainly interested in the debt side of things.

Kind regards,
Matt


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  #150 (permalink)  
Old 02-05-2019, 10:55 AM
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Onshore or offshore?

Hi Mark,

My husband is looking to apply for the offshore partner visa and also looking into submitting a visit visa (family sponsored stream). I understand that one option is to apply for a visit visa and then apply for onshore partner visa whilst staying in the country on a bridging visa till it is processed - what is the chance of success for a visit visa for someone from a high risk country such as Sri Lanka or is there a better chance of success if we apply for a visit visa AFTER submitting our partner visa application?


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