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Ask Mark! 2019 Thread - Page 2


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  #11 (permalink)  
Old 12-12-2018, 09:10 PM
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Hi Mark - thank you so much for doing this. I have learnt so much reading through your answers and listening to your show - it is great to see your empathetic client-centered approach to providing your services.

I have a question regarding the GSM visas 189 / 190 / 489:

On another forum there have been claims recently by a few people that DHA has been sending through requests for more information regarding employment episodes (so far all the instances that have reported this are 189 applicants) that were listed in their visa application but clearly marked as "not relevant or closely related to their nominated occupation" and that they were not claiming points for.

Is this an error by the COs to ask for info regarding these employment episodes, a new change, or a previously seemingly unenforced aspect of the Migration Regulations that is now being enforced?

There is some speculation among applicants that employment episodes deducted by skills assessing authorities to deem one skilled is fair game for verification / requests for more information (and the cases I allude to above have a mix of such employment episodes and some that are completely irrelevant).

Thanks

__________________
190 ACT | ANZSCO 411711 | 75+5

ACWA skills assessment completed 15 Jun 18
ACT nomination lodged 20 Jun 18
ACT nomination 21 Aug 18
190 lodged 21 Aug 18
Added de facto via Form 1436 12 Nov 18
De facto added by CO 14 Nov 18
CO contact de facto medical/functional english 1 Dec 18
Responded to CO 6 Dec 18
CO contact de facto functional english (already provided) 22 Feb 19
Responded to CO 25 Feb 19

Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

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  #12 (permalink)  
Old 12-12-2018, 09:30 PM
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Hi PrettyIsotonic -

Thanks for the note and kind words! We've noticed that over the last 6 months or so, for skilled visas DHA is taking a closer look at skilled employment claims including more verification visits (or calls) to current or former employers, etc. What's also new is that they are looking into employment that is used to meet the deeming period (ie, 2 years for some ACS candidates, etc) where the employment is considered skilled by the skills assessor, but cannot be counted for points because it's used to meet the minimum amount of skilled employment to meet the particular deeming period (to be deemed as "skilled") of the skills assessor. DHA clearly considers this skilled employment to be fair game for all verification checks, etc.

As for non-relevant employment that is not used to meet the deeming period and not claimed for points, we haven't seen DHA checking this but that's no guarantee that it is not done - for instance, since all employment must be listed on Form 80, they could use that as a reason to check that, but it's hard to see how checking side jobs at McDonald's or something else utterly irrelevant to the skilled employment claims could be justified.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by PrettyIsotonic View Post
Hi Mark - thank you so much for doing this. I have learnt so much reading through your answers and listening to your show - it is great to see your empathetic client-centered approach to providing your services.

I have a question regarding the GSM visas 189 / 190 / 489:

On another forum there have been claims recently by a few people that DHA has been sending through requests for more information regarding employment episodes (so far all the instances that have reported this are 189 applicants) that were listed in their visa application but clearly marked as "not relevant or closely related to their nominated occupation" and that they were not claiming points for.

Is this an error by the COs to ask for info regarding these employment episodes, a new change, or a previously seemingly unenforced aspect of the Migration Regulations that is now being enforced?

There is some speculation among applicants that employment episodes deducted by skills assessing authorities to deem one skilled is fair game for verification / requests for more information (and the cases I allude to above have a mix of such employment episodes and some that are completely irrelevant).

Thanks

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__________________
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 video show: http://coming2oz.com.au

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  #13 (permalink)  
Old 12-12-2018, 10:14 PM
PrettyIsotonic's Avatar
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Posts: 133
Users Flag! From singapore

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Thank you so very much Mark - that is helpful - and I have shared your thoughts with others.

If I may pick your brain on another question regarding the 8501 - maintain health insurance condition for 485 visa holders. For 485 visa holders who have lodged a PR visa (e.g. 189/190) onshore, and have got a BVA, thus making them eligible for Medicare - is Medicare enrollment sufficient to meet the 8501 condition?

I have seen some say that 8501 refers to health insurance (e.g. OVHC) that provides the same or better coverage than Medicare - would be great to hear from you - it would be far cheaper for me to cancel my OVHC and get separate extras cover depending on my circumstances - especially since I am already liable from a tax perspective for my Medicare coverage

__________________
190 ACT | ANZSCO 411711 | 75+5

ACWA skills assessment completed 15 Jun 18
ACT nomination lodged 20 Jun 18
ACT nomination 21 Aug 18
190 lodged 21 Aug 18
Added de facto via Form 1436 12 Nov 18
De facto added by CO 14 Nov 18
CO contact de facto medical/functional english 1 Dec 18
Responded to CO 6 Dec 18
CO contact de facto functional english (already provided) 22 Feb 19
Responded to CO 25 Feb 19

Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

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  #14 (permalink)  
Old 12-13-2018, 10:28 PM
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Hi Mark, sorry me again. I applied for the 820 partner visa onshore. I had a 461 partner visa which was due to expire so applied for another, unfortunately we were informed my partner was no longer eligible to do this and was advised to withdraw the application. I was given this information from my CO the day my substantive visa expired and a BVA was granted. I then applied for the 820 visa within the 28 days of my substantive visa expiring. I am now worried regarding the schedule 3 waiver I have done the wrong thing as I have read we have to give reasons that were out of our control why I applied onshore. I believe we have compassionate and compelling reasons but not reasons out of our control.

Any advice would be appreciated.


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  #15 (permalink)  
Old 12-14-2018, 02:31 AM
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Join Date: Dec 2018
Posts: 1
Please update your flag here .

Hi Mark, thank you so much for your selfless help!
I have a problem here...
I applied for a visitor visa subclass 600 in the middle of September. In the end of october I've received an email from an officer asking me for additional documents as they were not satisfied with my Work evidence. I sent them new documents and letter with my comment (also by that time I was just in a process of chaging job to new one, so I updated that information as well).
Yesterday, after 1,5 months more and a missed flight, I've received a rejection email. It also says I don't meet PIC 4020... It is written that exclusion period may now apply, but the wording is so not clear, that I can't even understand if it applies to me or not.
Nowhere it says straight that I'm excluded for 3 years.
I am so shocked, confused and upset now. I've been to Australia 3 times before and never had problems. It would have been my 4th time and I just wanted to spend holidays there.
Anyway... I hope you can help me, how can I find out if I even can apply for a new visa or not? Or if I'm banned for 3 years...
Thank you in advance!


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  #16 (permalink)  
Old 12-15-2018, 07:53 AM
Active Member
 
Join Date: Aug 2014
Posts: 17
Users Flag! From egypt

Hi Mark,

I have immigrated to Australia a year ago on a Skilled nominated (subclass 190) visa.I am working now in a temporary job(for 4 months) in my profession till the end of this month and I have been searching for another job during this period but I could not find any in my state of nomination(The ACT).

Am I allowed to apply for a job in another state and can I work outside the ACT in case I have a job offer in another state without affecting my chances in getting the citizenship in the future?

Thank you and have a merry Christmas.


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  #17 (permalink)  
Old 12-18-2018, 07:03 AM
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Location: Turkey
Posts: 43
Users Flag! From turkey

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Hi Mark,

Thank you for the opportunity for letting us ask you questions. I have a few questions I would like to ask.

The government has changed the layout of their website and I can no longer find the information I used to find before. I am planning to apply for the 801/820 visa. I cannot find any information regarding to the bridging visa which is given when the current visa runs out. Where did this information go? Have they removed the bridging visa for 801/820 visa?

Will there be any confirmation that a bridging visa will be put into effect before the applicant's current visa expires?

Is there an up to date version of the partner migration booklet which we can download?

For the passport photographs the applicant is asked to have their name printed on the back of the photo. Do they mean the name to be printed on the back by a printer or written down by hand?

Is a health check required or should it only be done if asked?

I am required to serve in the army in my home country. However, I had postponed my military service for two years starting from the 10th of March 2016 and ending on the 10th of March 2018. My postponement has now expired. In this circumstance, do I need to provide any documents regarding to the status of my military service?

How many photographs shall we upload in regards to proving our de-facto relationship? We heard not to upload more than ten photographs. Is that advisable?

Thank you.


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  #18 (permalink)  
Old 12-18-2018, 08:00 AM
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Hi PrettyIsotonic -

Thanks for the kind words, and great question!

Condition 8501 exists on several temporary visas, and requires the holder to "maintain health insurance" while holding the visa and in Australia. The good news is that there is specific policy that states that holding a Medicare card obtained due to a PR application meets 8501:

"Temporary visa holders who apply for a permanent visa may, in some circumstances, be eligible for Medicare benefits until a final decision is made on their permanent visa application. Temporary visa holders who hold a valid Medicare card under these circumstances may be considered to meet the minimum requirements for adequate health insurance for the period of time they hold the valid Medicare card."

So if you hold a visa with condition 8501 requiring health insurance, Medicare coverage will satisfy that condition per DHA policy above. You'll just want to make sure if you do depend on a Medicare card to satisfy condition 8501, that you keep the Medicare coverage in place continuously - in some cases they will only provide this coverage for 6 month renewable periods while a visa (or AAT review of a visa) decision is pending. Renewing in advance will keep 8501 covered.

Hope this helps -

Best,

Mark Northam




Quote:
Originally Posted by PrettyIsotonic View Post
Thank you so very much Mark - that is helpful - and I have shared your thoughts with others.

If I may pick your brain on another question regarding the 8501 - maintain health insurance condition for 485 visa holders. For 485 visa holders who have lodged a PR visa (e.g. 189/190) onshore, and have got a BVA, thus making them eligible for Medicare - is Medicare enrollment sufficient to meet the 8501 condition?

I have seen some say that 8501 refers to health insurance (e.g. OVHC) that provides the same or better coverage than Medicare - would be great to hear from you - it would be far cheaper for me to cancel my OVHC and get separate extras cover depending on my circumstances - especially since I am already liable from a tax perspective for my Medicare coverage

PrettyIsotonic likes this.
__________________
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 video show: http://coming2oz.com.au

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  #19 (permalink)  
Old 12-18-2018, 08:08 AM
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Hi Emily -

Thanks for the question. Schedule 3 is enlivened for onshore partner visa applications if at the time of application the visa applicant holds only a bridging visa (any type of bridging visa) or no visa at all. The important parts of Schedule 3 (of the Migration Regulations 1994 (Cth)) are 3001, 3003 and 3004. If you lodge your partner visa within 28 days of holding a substantive visa, you can make a claim to meet the various elements of 3001 which include among other things, ceasing holding a substantive (non-bridging) visa for reasons beyond your control.

However for onshore partner visas there is another route if you do not meet 3001 or lodged more than 28 days after you last held a non-bridging visa. That is the overall "compelling reasons" waiver provision for the entirety of Schedule 3 provisions - compelling reasons can represent a challenging requirement since the word "compelling" has no agreed-upon meaning - it means for the most part whatever the decision maker decides it means.

So even if you can't meet 3001 due to not being able to establish reasons beyond your control, there is for the 820/801 visa application an overall waiver also available. Not easy to satisfy, but it can be done in many cases.

A big question for next year - with the new legislation "splitting" the partner visa into a sponsorship application and a visa application - where the visa application we expect can only be applied for once the sponsorship application is approved - will they keep Schedule 3 or remove it....?? Huge question with wide-ranging ramifications.

You may want to consider a consultation with an immigration lawyer or migration agent to help better understand chances of success with a Schedule 3 waiver if you are considering that - but regardless of what the agent/lawyer may say - there's a huge amount of differences in decision in this regard because everybody's idea of "compelling" is different. I do quite a few Schedule 3 cases and trying to predict the outcome can be challenging to say the least.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by Emily j View Post
Hi Mark, sorry me again. I applied for the 820 partner visa onshore. I had a 461 partner visa which was due to expire so applied for another, unfortunately we were informed my partner was no longer eligible to do this and was advised to withdraw the application. I was given this information from my CO the day my substantive visa expired and a BVA was granted. I then applied for the 820 visa within the 28 days of my substantive visa expiring. I am now worried regarding the schedule 3 waiver I have done the wrong thing as I have read we have to give reasons that were out of our control why I applied onshore. I believe we have compassionate and compelling reasons but not reasons out of our control.

Any advice would be appreciated.

__________________
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 video show: http://coming2oz.com.au

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  #20 (permalink)  
Old 12-18-2018, 08:09 AM
MarkNortham's Avatar
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Hi MariyaV -

Wow, sorry to hear of PIC 4020 refusal - that's a very nasty part of the immigration law. Please PM me or email me (see my email in my signature below) and I'd be happy to take a look at your decision documents and advise on available options going forward - best to see exactly where you stand when it comes to PIC 4020.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by MariyaV View Post
Hi Mark, thank you so much for your selfless help!
I have a problem here...
I applied for a visitor visa subclass 600 in the middle of September. In the end of october I've received an email from an officer asking me for additional documents as they were not satisfied with my Work evidence. I sent them new documents and letter with my comment (also by that time I was just in a process of chaging job to new one, so I updated that information as well).
Yesterday, after 1,5 months more and a missed flight, I've received a rejection email. It also says I don't meet PIC 4020... It is written that exclusion period may now apply, but the wording is so not clear, that I can't even understand if it applies to me or not.
Nowhere it says straight that I'm excluded for 3 years.
I am so shocked, confused and upset now. I've been to Australia 3 times before and never had problems. It would have been my 4th time and I just wanted to spend holidays there.
Anyway... I hope you can help me, how can I find out if I even can apply for a new visa or not? Or if I'm banned for 3 years...
Thank you 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 video show: http://coming2oz.com.au

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