Ask Mark! New 2020 Q&A - Page 5

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Ask Mark! New 2020 Q&A - Page 5


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  #41 (permalink)  
Old 04-05-2020, 09:57 PM
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Hi Mark,

I’m new to the forum so I’m not exactly sure if you can answer my question. I have an enquiry about my eligibility for Australian citizenship by descent. (Note: I don’t plan on travelling until the COVID-19 pandemic is completely over).

Both of my parents are Irish and acquired Australian citizenship by naturalisation in the early 1990s, having lived in Australia for 5+ years. I was born in Ireland in 1997 and have never lived in or visited Australia. Is citizenship by descent a viable option for me who wants to live and work in Australia in the near future?

Best wishes

Daniel


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  #42 (permalink)  
Old 04-06-2020, 01:06 AM
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Hi Mark,

I wanted to get bit information regarding 491 visa(provisional) offshore applicant.

1. Iam standing at 70 total points are they enough for nomination?or do you suggest to increase score by giving IELTS/PTE again??
2. Current situation will affect the 491 Visa application time period?
3. Academic ielts is acceptable for immigration purposes or only general ielts will be required? I have given academic ielts (L-8, W6. 5,R-7.5,S-7) and my occupation would go under agriculture related field. Please clarify.
4. after ITA is OK to wait for grant or there could still be chances for rejection?

Any help would be appreciated


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  #43 (permalink)  
Old 04-06-2020, 02:06 AM
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Hi Mark,

I have a question about transitioning from a 482 visa.

I have applied for a 461 visa and resigned my sponsored position however I have been advised that the 482 still will not expire until its original expiry date of October 2021. I know that my options are 1) find another sponsor, 2) be granted another visa, 3) leave the country.
I intend to go down route 2) - what visa options do I have? Ideally I want to be able to work in some capacity & I have already held the working tourist visa.

Thanks,

Elen


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  #44 (permalink)  
Old 04-06-2020, 05:37 AM
JMM JMM is offline
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Hi Mark,

I'm in the process on starting an application for a partner visa (820 onshore) and I have a few questions regarding the P80 form.

Question 4 - Have you been known by any other name(s)? Include name at birth, before or after marriage, adoptive/foster, alias or pseudonym, cultural or tribal, preferred name, other spellings.

If you your name was "Daniel" for example (on all your official documents like passport etc), but your social media and conversations with your partner and people who know you are under "Dan" would you need to list that?

For our relevant police checks we have used our name as per our passport as this have never legally changed since birth.

I don't see a real difference between Dan vs. Daniel and personally wouldn't feel the need to list it as it's just a shortened version of your legal given name.

On my working holiday visa I said NO to being know by another other name.

Question 45 - Do you have siblings? They list siblings as Full, Half and Adopted. I'm assuming then I wouldn't need to list a step-sibling as they don't specifically ask for it?

Under the parents question (q44) they do make you list your step parent(s).

Any general advice would be greatly appreciated.

Thanks,
JMM


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  #45 (permalink)  
Old 04-06-2020, 11:10 AM
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Hi Vik-per -

Thanks for the questions - happy to help. 7 pages is probably pushing it a bit - I'd aim for 4-5 or so. Signature and date at the end on the last page is fine. Re chat evidence, suggest you provide a sampling over the course of the relationship to show how it evolved naturally. Re applying, outside of COVID-19 related delays, no reason I see to delay lodgment at this point - the worst DHA can do is delay it until they have the resources to process it.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by vik-per View Post
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

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  #46 (permalink)  
Old 04-06-2020, 11:54 AM
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Hi Salmn669 -

Thanks for the note. The 27-32 month estimate might as well be thrown out the window at this point due to COVID-19 - however prior to all the chaos, it referred to the time from the date of application to the date of decision. Re 2, I'd wait until DHA asks for medicals and police certificates as they expire 12 months from the date of issue. Re 3, I'd maximise whatever evidence you can re photos of you being together and doing things, even if at home, etc.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by Salmn669 View Post
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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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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  #47 (permalink)  
Old 04-06-2020, 12:02 PM
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Thanks Mark.


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  #48 (permalink)  
Old 04-06-2020, 02:25 PM
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Thank you Mark


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  #49 (permalink)  
Old 04-07-2020, 02:45 AM
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Hi Mark, I am onshore using a visitor visa but have a 309/100 pending. I want to extend my stay because of COVID. Do i apply vistor visa or bridging visa?


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  #50 (permalink)  
Old 04-07-2020, 05:48 AM
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Quote:
Originally Posted by MarkNortham View Post
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
Thank you, Mark.

I just have one last question, this is for a friend actually. My friend's student visa expires sometime in April,and she left Australia towards the end of February to get married here in Malaysia.

She had planned to return to Australia by the third week of March (with plenty of time to return on the student visa while waiting out the same 485 visa), but with Malaysian citizens not being allowed to leave the country, she is pretty much stuck here at the moment with no visa, not even a bvb. If she applies for the ETA like I did, would the same "reputation" issue arise at all? Can she enter the country on a tourist visa with a pending 485 like me?

Thank you once again! Really appreciate your responses.


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