Ask Mark! New 2020 Q&A - Page 2

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Ask Mark! New 2020 Q&A - Page 2


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  #11 (permalink)  
Old 04-04-2020, 09:43 AM
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Hi Mark

Wondering if I can pick your brain.
Have you worked with many people where the partner is from a’high risk’ country?
My husband and I applied for the 309 in August 2018. We had one RFI in November 2018, I replied to it within a few days and we’ve heard nothing since.
We front loaded everything so my husband’s medical has expired and we both renewed our police clearances in January this year.
My husband is from Iraq. He’s never been in trouble with the law, his health examination came back with no issues, we’ve uploaded ongoing evidence every couple of months the entire time we’ve been waiting.
I wrote to the department last month and received a response from a senior case manager from the Beirut visa processing office advising they are still conducting relevant checks and will be in touch if they need anything else.
In your experience how long can these ‘checks’ go on for and have you had visa’s granted that have exceeded the processing times?
Thanks so much for your help.


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  #12 (permalink)  
Old 04-04-2020, 01:38 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Camsum -

Thanks for the question, and congratulations for being the first question poster on the 2020 thread!

RE PMV, that's a great question. By law it's not possible to change the expiration date of a visa once it has been granted - it's "baked in" essentially. So I'm not hopeful that they could extend the visa. That being said, DHA may - once the travel ban is lifted - make special arrangements for people with "spent" sc300 visas that could not enter in time, perhaps by allowing them to enter on a visitor visa and then lodge the sc820/801 application onshore. The primary difference in the 820 is price discount for sc300 holders - it may be that they make this discount available for previous sc300 holders as well depending on the circumstances.

Hope this helps -

Best,

Mark Northam

Quote:
Originally Posted by Camsum View Post
Hi Mark. What advice would you give someone with a granted Prospective Marriage Visa right now who is yet to enter Australia?
My fiance, who is a US citizen in the US right now, was granted her PMV on 24 September 2019, so it expires 24 June 2020. We have been unable to move to Australia sooner due to personal reasons, and now it's looking like it might be physically impossible to arrive by 24 June, let alone get married and submit a partner Visa application by that date.
The information I have found suggests a PMV cannot be extended and we would have to re-apply if we can't comply with the Initial Entry Date requirement. This seems incredibly unfair. Do you think there could ever be a way around this? It would simply be heartbreaking for us to start from square one and spend god knows how much longer living apart. Thanks in advance for any advice you could provide us
Thanks for your insight Mark. In that scenario you described, arriving on visitor Visa then applying for 820/801 onshore, would that mean she wouldn't be allowed to work until the 820 is granted? I big plus of the PMV is being free to work while waiting for 820 to be granted.
Thanks again


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  #13 (permalink)  
Old 04-04-2020, 01:56 PM
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Hi Mark! I love your new thread!
Here’s an overview on my 820 partner visa:
December 2017: Applied for 820 partner visa (uploaded everything, AFP too, Medical soon after)

-no emails/contact until December 2019-

December 2019: CO asked me to submit form 80 and up to date evidence
-everything got uploaded soon after-

12th March 2020: CO asked for a new AFP from both sponsor and applicant and a new medical examination.
-Uploaded on the 30th March-

Do you think I’ll get the visa soon along with 801? I’ve been waiting for almost 28 months...

Thank you.


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  #14 (permalink)  
Old 04-04-2020, 02:14 PM
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Hi Mark,

Great to see your valuable inputs which is highly appreciated in the first hand. My concern is, if we have already lodged 186 ENS in March’2020 (having still 482 until August’2020 and the BVA activates after) and the employer is temporarily “stood down” (after the 186 lodgement was done) due to Covid-19 however they’ve agreed and given the consent that I’ll be still in the cadre and will be called to work once the business reinstated, is there any chance that this would delay in finalising 186 or will that affect the same in any ways ? Will they ask any document/statement from employer in this situation prior to the decision is made ?

Thanks in advance !


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  #15 (permalink)  
Old 04-04-2020, 02:19 PM
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Hi mark,
We applied our Pmv 300 on 20 june 2019 from india. We front loaded everything. Medicals were done on 2 sept 2019. We have no complexity in our application. A very straightforward application. We haven’t been contacted for any information yet. Do you think they are processing 300 right now? Since they are not allowed to come to Australia at the moment. Im very saddened by this and kinda depressed. Should we wait for the grant or we should marry as soon as the ban gets lifted and my fiance comes to india to visit me of my visa is not granted. Would that be a better option? Im very confused.
And thanks for helping us out with all our questions, its really helpful.


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  #16 (permalink)  
Old 04-04-2020, 05:04 PM
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Hi Mark!Thank you for taking the time to answer questions.

My question is regarding the 485 visa. I have applied for the 485, but am currently stuck overseas with this whole lockdown situation. My BVB expired due to emergency surgery, but I have an ETA that I applied for and thankfully got approved.

I'm just wondering what your thoughts are for those of us who have applied for this visa, went home and are now stuck. I have not received any request for a medical examination yet, but am terrified to at the moment as the centre that normally does this is not conducting any health examinations for overseas visas. What happens if I get the request but am unable to meet the 28 day period to get the tests done? Is the 28 days inclusive of weekends and public holidays?

Also, what is likely to happen if the borders are not open when I need to be in Aus? Is there some sorta email I need to send out to the DHA? Will they already know the situation and not issue visas at the moment? Stressing out like crazy as I see the processing time for this visa has actually gone down not up.


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  #17 (permalink)  
Old 04-05-2020, 12:20 AM
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Hi Karramy -

Thanks for the note. Often applications like this are held up for months or longer waiting for external security checks from various government agencies. It's not unusual at all to see application that are from "high risk" countries take 24-30 months to process - we do many of these and see this routinely. I'd keep on uploading new relationship evidence periodically as it becomes available and try to be patient - especially with what may be further delays due to the COVID-19 situation.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by Karramy View Post
Hi Mark

Wondering if I can pick your brain.
Have you worked with many people where the partner is from a’high risk’ country?
My husband and I applied for the 309 in August 2018. We had one RFI in November 2018, I replied to it within a few days and we’ve heard nothing since.
We front loaded everything so my husband’s medical has expired and we both renewed our police clearances in January this year.
My husband is from Iraq. He’s never been in trouble with the law, his health examination came back with no issues, we’ve uploaded ongoing evidence every couple of months the entire time we’ve been waiting.
I wrote to the department last month and received a response from a senior case manager from the Beirut visa processing office advising they are still conducting relevant checks and will be in touch if they need anything else.
In your experience how long can these ‘checks’ go on for and have you had visa’s granted that have exceeded the processing times?
Thanks so much for your help.

__________________
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 live video show: https://www.facebook.com/groups/coming2oz/

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  #18 (permalink)  
Old 04-05-2020, 12:23 AM
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Hi Camsum -

Actually if she entered on a visitor visa, that visa would likely have a "maximum stay period", usually 3 months. If she arrived on the visitor visa, lodged the 820/801 onshore during the stay period, and then received a Bridging Visa A (BVA) from the lodgment, as soon as she "overstayed" the stay period (ie, at 3 months + 1 day from arrival), she would automatically go onto the BVA and would then benefit from the conditions of the BVA - specifically, ability for unlimited work, etc.

It can be a bit confusing, as some visitor visas have an "expiration date" of 6 months or 12 months from grant - the important date is the stay period or how long you are allowed to stay starting from the time you enter Australia - that's the key.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by Camsum View Post
Thanks for your insight Mark. In that scenario you described, arriving on visitor Visa then applying for 820/801 onshore, would that mean she wouldn't be allowed to work until the 820 is granted? I big plus of the PMV is being free to work while waiting for 820 to be granted.
Thanks again

__________________
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 live video show: https://www.facebook.com/groups/coming2oz/

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  #19 (permalink)  
Old 04-05-2020, 12:25 AM
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Hi Fufuu -

A big "YES" for your question. I would say a visa decision will be coming soon (pending any COVID-19 delays/interruptions in processing). Since grant will occur more than 2 years after the application date, normally both the temporary (820) and permanent (801) partner visas are granted. Every once in a while this doesn't happen and you have to push for it (we're doing this for a client now) however normal procedure is that both visas are granted if the grant of the temporary visa occurs more than 24 months from the date of application.

Good luck!

Best regards,

Mark Northam



Quote:
Originally Posted by Fufuu View Post
Hi Mark! I love your new thread!
Here’s an overview on my 820 partner visa:
December 2017: Applied for 820 partner visa (uploaded everything, AFP too, Medical soon after)

-no emails/contact until December 2019-

December 2019: CO asked me to submit form 80 and up to date evidence
-everything got uploaded soon after-

12th March 2020: CO asked for a new AFP from both sponsor and applicant and a new medical examination.
-Uploaded on the 30th March-

Do you think I’ll get the visa soon along with 801? I’ve been waiting for almost 28 months...

Thank you.

__________________
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 live video show: https://www.facebook.com/groups/coming2oz/

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  #20 (permalink)  
Old 04-05-2020, 12:29 AM
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Hi Rohitha131 -

Thanks for your note. The key to your situation is that the nominated position "must be available" to the visa applicant at the time the nomination AND visa are approved. So as long as you satisfied the required time on a 457 and/or 482 visa as of the date of application for the 186, even if you are stood down, what matters is what the employer is willing/able to do as of the point they approve the nomination and visa - it's a forward looking criteria.

What we're unsure of currently and waiting to see how DHA handled this is a situation where a 482 holder, for instance, is stood down and waiting for their position to resume, and DHA then makes a decision on the nomination or visa - a person who is stood down still has a connection to the business (as opposed to a person who has been made redundant or laid off or fired or has quit). At this point we anticipate DHA will be fairly flexible about these situations as they have already signalled in related areas, but we'll have to see how they handle these situations.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by Rohitha131 View Post
Hi Mark,

Great to see your valuable inputs which is highly appreciated in the first hand. My concern is, if we have already lodged 186 ENS in March’2020 (having still 482 until August’2020 and the BVA activates after) and the employer is temporarily “stood down” (after the 186 lodgement was done) due to Covid-19 however they’ve agreed and given the consent that I’ll be still in the cadre and will be called to work once the business reinstated, is there any chance that this would delay in finalising 186 or will that affect the same in any ways ? Will they ask any document/statement from employer in this situation prior to the decision is made ?

Thanks 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 live video show: https://www.facebook.com/groups/coming2oz/

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