Ask Mark! New 2020 Q&A - Page 3

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Ask Mark! New 2020 Q&A - Page 3


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  #21 (permalink)  
Old 04-05-2020, 12:35 AM
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Hi Noorsandhu -

Thanks for the questions. SC300 Prospective Marriage Visas are taking anywhere from 9-18 months to process from what we are seeing, however the COVID-19 situation may affect those times significantly, and probably not for the better. We were very disapppointed to see that sc300 holders were not being permiitted to enter Australia re the travel ban.

Depending on your circumstances, you may want to look into the option as others are of getting married prior to the grant of the sc300. I can't give you advice on this as I would need to know much more about your circumstances, however if you did marry before grant of the sc300, that turns the sc300 into an offshore 309/100 partner visa application as of the date you marry. In terms of the travel ban, you woudl then be considered a direct family member of an Australian since you are married, which would entitle you to request entry to Australia under those provisions of the travel ban. You'd still have to get a visitor or other visa to enter Australia if you do so prior to the grant of the 309/100, and converting to the 309/100 could in theory delay processing of your visa somewhat, but it could have the more immediate effect of creating a pathway for you to enter Australia during the current travel ban if you could get a visa to do so (ie, visitor).

Happy to discuss further at a consultation – please see https://nlaw.com.au/consultation/ for more information or to book online.

Best regards,

Mark Northam






Quote:
Originally Posted by Noorsandhu View Post
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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  #22 (permalink)  
Old 04-05-2020, 12:40 AM
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Hi Jeremy_k -

Thanks for the note. Good job on the ETA - that could be very handy. At this point it wouldn't be of much use given the travel ban which limits temporary visa holders entering Australia to direct family members of Australians. Assuming that's not the case for you, you may want to wait until the travel ban is lifted.

Re medicals, DHA is being very flexible now re the 28-day deadlines for police certificate and medicals - just keep in touch with them (the reply-to address on their emails often has the direct email of the group that is processing your application) and let them know what progress you are making towards getting the medicals done.

Re being in Australia at the time of grant (required), we expect DHA will be flexible about this as well and give you time to enter Australia once the travel ban is modified - we've seen them do this in other cases without any major issue.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by jeremy_k View Post
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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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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  #23 (permalink)  
Old 04-05-2020, 12:45 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
That's interesting. I had the understanding that the conditions of the previously held Visa automatically transfer onto the Bridging Visa. In this case, visitor visa conditions transferring onto Bridging Visa. Is this incorrect?


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  #24 (permalink)  
Old 04-05-2020, 01:00 AM
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Hi Mark, Good day to you !

Much appreciated for the well explained thoughts above.

Thanks again !


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Old 04-05-2020, 01:05 AM
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Hi Mark, Good day to you !

Much appreciated for the well explained thoughts above. Cleared doubts 😊

Thanks again !




Quote:
Originally Posted by MarkNortham View Post
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 !


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  #26 (permalink)  
Old 04-05-2020, 01:46 AM
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Thank you very much for your response Mark, I really appreciate it. It also makes us feel a bit better that we’re not the only ones in this situation and it can quite common for those in this situation to be waiting for a lengthy period of time for the grant. 😊

Quote:
Originally Posted by MarkNortham View Post
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.


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  #27 (permalink)  
Old 04-05-2020, 04:40 AM
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Hi Camsum -

It depends on the previous visa and the visa you are applying for - there is no one universal rule for this. In the case of onshore partner visa applications, if it's a BVA it's issued with no conditions, with a BVC (ie, if you lodge the onshore partner visa while not holding another substantive visa) it may be isseud with no work rights - this can be replaced with permission to work if you qualify via financial hardship.

Best regards,

Mark Northam



Quote:
Originally Posted by Camsum View Post
That's interesting. I had the understanding that the conditions of the previously held Visa automatically transfer onto the Bridging Visa. In this case, visitor visa conditions transferring onto Bridging Visa. Is this incorrect?

__________________
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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  #28 (permalink)  
Old 04-05-2020, 06:18 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi Jeremy_k -

Thanks for the note. Good job on the ETA - that could be very handy. At this point it wouldn't be of much use given the travel ban which limits temporary visa holders entering Australia to direct family members of Australians. Assuming that's not the case for you, you may want to wait until the travel ban is lifted.

Re medicals, DHA is being very flexible now re the 28-day deadlines for police certificate and medicals - just keep in touch with them (the reply-to address on their emails often has the direct email of the group that is processing your application) and let them know what progress you are making towards getting the medicals done.

Re being in Australia at the time of grant (required), we expect DHA will be flexible about this as well and give you time to enter Australia once the travel ban is modified - we've seen them do this in other cases without any major issue.

Hope this helps -

Best,

Mark Northam
Hi Mark,
Thank you for your response.

I have an Australian partner and we have been dating for over a year now,but I believe we would not qualify under "special circumstances" as we do not live together, and don't plan to until after marriage.However, do you think I should try sending that email either way?

Additionally, I have a follow-up question regarding the entry which I forgot to ask earlier-would the DHA have any issue with the fact that I "let" the BVB expire? I'm just wondering if you have any idea if those coming in (later on, of course) on tourist visas (those with expired bvbs, those who forgot bvbs, etc) would be under extra scrutiny at immigration since we're all likely to say our purpose of entry is "visiting", since by right you're not allowed to use the ETA to enter for purposes other than tourism?

Also, is there any likelihood that the visa duration is reduced? For eg if I need to make an entry by June, but I am unable to do so, will that reduce the total duration of my 485?

Thank you again for your time and hard work. It is very much appreciated.


Last edited by jeremy_k; 04-05-2020 at 07:53 AM.

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  #29 (permalink)  
Old 04-05-2020, 07:08 AM
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hi Mark.. I would like to ask some question regarding visa 801. Currently I am on stage of filling the form for visa 801.
1. Is there any time frame for me to complete the form since I received the email saying I can start my visa 801 ? How long is it since I have started to fill up the form ?
2. One of the question on the form, ask “have the applicant visit any country since the temporary visa is granted ?” is that mean since my visa 820 is approved or since my bridging visa is actived ?
3. On question 16, it say that I need to give data about 2people that know my relationship, Can I use the same person who fill the form 888 on my visa 820 ?
Thank you so much for helping me.


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  #30 (permalink)  
Old 04-05-2020, 08:18 AM
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Quote:
Originally Posted by MarkNortham View Post
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
Hi Mark,

My husband and I are planning to go to Australia in May and he has already received an exemption to travel.

His visitor visa expires on 1st June and his visa allows a maximum stay of 3 months. Does this mean we would need to apply for any further visas (Subclass 820) before 1st June in order for him to receive a BVA? Or can we apply at any time within his stay period, regardless of the visa expiration date?

Thanks for your help.


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