Ask Mark! New 2020 Q&A - Page 4

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Ask Mark! New 2020 Q&A - Page 4


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  #31 (permalink)  
Old 04-05-2020, 10:10 AM
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Hi Mark,

Any idea how long the ban on international travel may last? Cheers


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  #32 (permalink)  
Old 04-05-2020, 11:21 AM
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Is this the right time?

Hi Mark,

Hope you're well.

I'm eligible to apply for citizenship since last month. Is this the right time to do it?
Or should I just postpone it until everything gets back to normal?
Thanks!

__________________
Visa timeline:
25 Mar 2015 - Came to AUS on Visitor visa
28 Apr 2016 - Lodge 820 application
12 May 2017 - 820 granted
29 Apr 2018 - Lodge 801 application
08 Mar 2019 - 801 granted
26 Mar 2020 - Eligible for Citizenship

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  #33 (permalink)  
Old 04-05-2020, 12:03 PM
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Hi Jeremy_k -

Thanks for the additional questions - the expiration date of a visa is fixed upon grant, so re 485 that wouldn't change as long as the visa was not cancelled.

Re de facto partnership and trying to get in on ETA, sounds like you may not have sufficient evidence to prove this, especially if you haven't lived together - low chance of success based on what you've said so far.

Normally missing the return-by date on a BVB is fairly harmless and doesn't do damage to your "reputation" at DHA - this would I think be especially true given how the COVID-19 situation has disrupted people's travels.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by jeremy_k View Post
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.

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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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  #34 (permalink)  
Old 04-05-2020, 12:05 PM
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Hi Oktavia -

Thanks for the note. Re 1, no particular deadline set in the law, however at some point you will normally get a 28-day letter requiring you to lodge the 801 within that timeframe. The draft will normally stay on the DHA systems for quite some time unless there is a major system update - these sometimes end up delete incomplete applications but that's pretty rare.

Re 2, that would refer to since the 820 was granted.

Re 3, that's fine - you might include any family members in Australia as well - I've seen case officers ask questions if family members are left off of that area.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by oktavia View Post
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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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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  #35 (permalink)  
Old 04-05-2020, 12:07 PM
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Hi Sia -

I woudl need to see a copy of the visitor visa to give you specific advice for your case - they are formatted differently in some cases, and I would not want to give you incorrect advice. Please feel free to email me at [email protected] - happy to assist.

Best regards,

Mark Northam



Quote:
Originally Posted by sia.sayali View Post
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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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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  #36 (permalink)  
Old 04-05-2020, 12:10 PM
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Hi Art -

Thanks for the question. No idea, but the Prime Minister has signalled a 6-month estimated timeframe for the social distancing restrictions. Given the vast majority of Australia's COVID-19 cases have been imported from overseas via cruise ship or airplane, I'm guessing that they may slowly phase back in travel capabiltiies after some point.

Australia is faced with 2 difficult choices - either keep the restrictions in place until a vaccine is found, or loosen the restrictions and try to avoid "too much" further transmission of the disease. I would hate to be in the position of having to make that choice - it's literally life & death.

Best regards,

Mark Northam




Quote:
Originally Posted by Art Vandelay View Post
Hi Mark,

Any idea how long the ban on international travel may last? Cheers

__________________
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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  #37 (permalink)  
Old 04-05-2020, 12:11 PM
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Hi Indomelbourne -

Thanks for the question. I see no reason to delay it - worst case you might wait longer for your citizenship appointment, however given that the citizenship laws have been subject to attempts to change them (for the worse, making it harder to get citizenship) over the last few years, I'd probably apply sooner rather than later.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by indomelbourne View Post
Hi Mark,

Hope you're well.

I'm eligible to apply for citizenship since last month. Is this the right time to do it?
Or should I just postpone it until everything gets back to normal?
Thanks!

__________________
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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  #38 (permalink)  
Old 04-05-2020, 12:42 PM
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Hi Mark,
Thank you so much for your time and knowledge on this fabulous forum. I have a couple of questions regarding the PMV. My fiance is from Nigeria and we are about to put in our application .... regarding our personal statements of our relationship and covering the four major points;
is 7 pages too long?
Do we need to sign each page or is one signature at the end sufficient?
Can we still apply while this COVID-19 is happening because on immi at the moment it is saying not to apply without checking further info, but i cant find info apart from tourist visas.
Regarding chat evidence; Can i add excerpts from the whatsApp chat history or are screenshots better?

Thanking you in advance


Last edited by vik-per; 04-06-2020 at 01:34 AM. Reason: forgot to add something

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  #39 (permalink)  
Old 04-05-2020, 08:49 PM
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Hi mark.
I have read your valuable replies on people posts which is really helpfull.

I also have some questions to ask from you.Can you please shed some light on these. Here is my timeline including questions.

I met my girlfriend in September 2018 and got married in May 2019.
Lodged my 820/801 through migration Agent on Dec2019 Uploaded most of the evidences at the time of lodging app(Except medical and AFPC)
After 3 months in March 2020/last month uploaded few more relationship evidences.
Now my questions are.

1. The processing time for 820 is between 27-32months roughly but I just want to know this 27-32months time start from the day of Marriage or start from the actuall time of lodging application?

2. When you advise me to get medicle done,When CO ask for it or get done before I hear anything from immi And what you suggest me to add in my application except the common evidence?

3.Because of the Covid Pandemic current situation we cannot go out like travelling, dining out, can't go to see relatives,cant see friends so because of that we are not able to make photos(realtionship evidences) Do u think having not enough relationship evidences can make application weak?


Looking forward to get your valuable reply on my questions.
Thanks


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  #40 (permalink)  
Old 04-05-2020, 09:53 PM
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Hi Mark.

Hope you are doing well.

Just a simple query - I was wondering whether the 482 TSS Visa is still being processed/issued at this current time?

By way of a little background info: I got into Australia on a ETA before the travel ban, so just waiting on the 482 TSS now.

Thanks!


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