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-   -   Ask Mark! 2019 Thread (https://www.australiaforum.com/visas-immigration/283721-ask-mark-2019-thread.html)

MarkNortham 12-10-2018 08:16 AM

Ask Mark! 2019 Thread
 
Hi All -

Thought I would start a new thread here for the new year (well, a few weeks early!) to answer questions given all the recent changes in migration law and policy, especially in the area of partner and fiance visas - an area I specialise in. In the last few months my business got quite busy, and I wasn't able to get to all the questions I wanted to from the previous thread - my apologies for the delay.

As an immigration lawyer and registered migration agent, I'm happy to answer general questions as my workload allows, and always enjoy sharing information and knowledge with visa applicants. A few quick house rules:

* I cannot assess your specific case here - that's what consultations are for - see my website in the email signature below. It takes more time to properly assess a case than is practical for back&forth forum questions.

* Please include any info or details you can related to your question.

* I can't help you in the following areas: finding a job/sponsor, job prospects for specific occupations, how much time DHA will take to [fill in the blank], what the chances of success are for your application, whether your evidence is sufficient, etc.

* I can help you in areas such as the requirements for various visas and skills assessments, procedural questions working with DHA, AAT, etc, more complex visa issues such as cancellations, exclusion periods, PIC 4020, Schedule 3 (another specialty area of mine) condition 8503 and other conditions, refusals, reviews, ministerial intervention, health and character issues, etc

My workload keeps me very busy, so I am not always able to get back and respond to questions same-day, but will do my best. Please be patient. If a matter is very urgent, please contact me directly (contact info on website listed in my email signature)

I hope you find this helpful and useful.

Best,

Mark Northam

ampk 12-10-2018 08:20 AM

Hi Mate have a great new year.

MarkNortham 12-10-2018 08:42 AM

Thanks! Hope you're doing well.

Best regards,

Mark Northam


Quote:

Originally Posted by ampk (Post 1925339)
Hi Mate have a great new year.


englishkoala 12-10-2018 09:56 PM

Hi Mark! Thanks for creating the opportunity to ask you questions.

I have a question in regard to the first phase partner visa; once you create the application and submit; if I later upload evidence that covers a period of time AFTER submitting, e.g. a utility bill for 1 year after submission date, does this still count as evidence? Or do the CO usually say it's only concerned with evidence that covers a period of time up to the application submission date?

Thanks!

Emily j 12-11-2018 11:22 AM

Hi Mark, good to see you back. I have been granted a BVC with "NO WORK" condition after applying for a 820 partner visa. Can I request the "NO WORK" condition to be removed?

Many thanks

MarkNortham 12-11-2018 11:28 AM

Hi Englishkoala -

Thanks for the question - yes, all evidence must be considered by DHA up until the point they make a decision. Certain legal requirements such as the requirement that for de facto partners for an 820/801 partner visa the relationship must have existed at a de facto level for the 12 months prior to the date of application are fixed on the date of application, however overall relationship evidence can and should be submitted not just for the period prior to application, but for the period after application up until a decision by DHA. It shows DHA that the relationship continues to exist not just before and on the application date, but after the application date.

Hope this helps -

Best,

Mark Northam



Quote:

Originally Posted by englishkoala (Post 1925409)
Hi Mark! Thanks for creating the opportunity to ask you questions.

I have a question in regard to the first phase partner visa; once you create the application and submit; if I later upload evidence that covers a period of time AFTER submitting, e.g. a utility bill for 1 year after submission date, does this still count as evidence? Or do the CO usually say it's only concerned with evidence that covers a period of time up to the application submission date?

Thanks!


MarkNortham 12-11-2018 11:34 AM

Hi Emily -

Yes in most cases - you would need to lodge Form 1005 unless your online application allows for online application for a replacement BVC. Only way to get the work restriction lifted is to show financial hardship - that the sponsor's income is not sufficient to support both of your combined living expenses. There has been some talk that this sort of a finding may endanger the partner visa application - specifically the requirement that the sponsor be able to provide financial support to you for the first 2 years after the 820 visa is granted, however I have never seen a partner visa refused because the applicant claimed financial hardship and was granted work rights.

Hope this helps -

Best,

Mark Northam


Quote:

Originally Posted by Emily j (Post 1925511)
Hi Mark, good to see you back. I have been granted a BVC with "NO WORK" condition after applying for a 820 partner visa. Can I request the "NO WORK" condition to be removed?

Many thanks


Emily j 12-11-2018 12:04 PM

Quote:

Originally Posted by MarkNortham (Post 1925519)
Hi Emily -

Yes in most cases - you would need to lodge Form 1005 unless your online application allows for online application for a replacement BVC. Only way to get the work restriction lifted is to show financial hardship - that the sponsor's income is not sufficient to support both of your combined living expenses. There has been some talk that this sort of a finding may endanger the partner visa application - specifically the requirement that the sponsor be able to provide financial support to you for the first 2 years after the 820 visa is granted, however I have never seen a partner visa refused because the applicant claimed financial hardship and was granted work rights.

Hope this helps -

Best,

Mark Northam

Thank you very much for your quick reply. If I apply for a replacement BVC which is listed on my online application, will I still have to say I want to work due to financial hardship? I really dont want to say this just in case it does affect my application.

Many thanks

MarkNortham 12-11-2018 10:08 PM

Hi Emily -

Yes - financial hardship is the only grounds on which to lift the work restriction on a BVC in these circumstances.

Best regards,

Mark Northam


Quote:

Originally Posted by Emily j (Post 1925533)
Thank you very much for your quick reply. If I apply for a replacement BVC which is listed on my online application, will I still have to say I want to work due to financial hardship? I really dont want to say this just in case it does affect my application.

Many thanks


Emily j 12-12-2018 12:08 PM

Quote:

Originally Posted by MarkNortham (Post 1925617)
Hi Emily -

Yes - financial hardship is the only grounds on which to lift the work restriction on a BVC in these circumstances.

Best regards,

Mark Northam

Many thanks for your help Mark.


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