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Ask Mark! New 2020 Q&A - Page 7


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  #61 (permalink)  
Old 04-11-2020, 02:10 PM
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Hi Mark

I am a new poster what a lovely offer to answer questions during this uncertain time!

I am wondering if you know if applicants sent to VACCU for character checks are still being processed during COVID19 and what is included in these checks?

My application went to the VACCU in Dec 19 and I have had no further communication.

Thanks,
Lauren


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  #62 (permalink)  
Old 04-12-2020, 09:18 AM
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Hi Mark,

My partner and I have been together for over 2 years now. We want to apply for the 820 but I would just like some clarity on the sponsor requirements. What kind of assets are required? Is there a specific amount of money needed in your account etc?

Many thanks,
Achmat


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  #63 (permalink)  
Old 04-14-2020, 08:02 AM
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Hello sir
Please make it clear : my 309 visa is under process since sep/2019 and we get married out of Australia in 2016 , I havenít got to Australia yet, but before marriage my partner has requested for Centrelink payments as being single person after marriage until today she didnít have idea to change status since we not married in Australia we were married outside and Australia law doesnít count it register marriage when couples married outside.

will it lead to a refusal ?

If now she change status will Centrelink ask for the payments back and penalties?
Please help


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  #64 (permalink)  
Old 04-14-2020, 12:34 PM
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Hi Yoongsa -

Thanks for the note. Best indication at the moment is that 482s are continuing to process for onshore applicants. The challenging part may be the nomination, given the genuine position requirements - with all the unemployed Australians, it may become difficult to demonstrate the need to employ someone from overseas. However that's all speculation at the moment - it's unclear exactly how nominations are going to be handled with the current employment situation - from what we can see, 482 nominations are being processed very slowly at the moment.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by yoongz View Post
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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  #65 (permalink)  
Old 04-14-2020, 12:44 PM
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Hi Daniel -

Thanks for the question. I can't give you specific advice for your case without knowing a lot more about your and your parents' circumstances, but from what you've said it sounds like unless there are any other issues that may cause a problem, you meet the basic requirements for citizenship by descent. Depending on how and under what legislation your parents became citizens there may have been regulatiosn in place about being in Australia for 2 years prior to becoming citizens, etc however with 5 years time in Australia they may have met those if those regulations were relevant to their case.

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

Best regards,

Mark Northam



Quote:
Originally Posted by BTW23 View Post
Hi Mark,

Iím new to the forum so Iím not exactly sure if you can answer my question. I have an enquiry about my eligibility for Australian citizenship by descent. (Note: I donít 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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  #66 (permalink)  
Old 04-14-2020, 12:47 PM
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Hi Sairanadeem -

Thanks for the note.

Re 1, impossible to predict - depends on how the states are processing their nomination requests, especially considering any current slowdowns based on COVID-19 related issues.

Re 2, impossible to tell at the moment. My guess likely, yes.

Re 3, DHA accepts either version of the IELTS test - you might check with the skills assessor as applicable for any more specific requirements;

Re 4, plenty of opportunities for refusal after invitation issued - for instance, if you cannot justify all the points you have claimed with proper documentation, health or character problems, etc.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by Sairanadeem View Post
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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  #67 (permalink)  
Old 04-14-2020, 12:56 PM
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Hi Eva -

Thanks for the note. The challenge is that it's hard to say what the processing time for the 461 visa will be - recently they have been rather long (12-24 months).

If you work for an employer other than your 482 nominator you will be in breach of your visa conditions, and if you are not re-nominated by another employer within 60 days of ceasing employment with the nominating employer, your are also in breach of your visa conditions, This is important because of a requirement of the 461 visa;

"If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa."

I would imagine if DHA brings this up during the 461 processing, that using the COVID-19 situation as a reason why you were not able to abide by your visa conditions may have a reasonale chance at avoiding a refusal of the 461 due to breach of your 482 conditions, however I'd plan ahead and see what you can put in place re documentation to show that you had no good choice other than breaching the 482, and that you chose to stay in Australia to be with your NZ partner. If they cancel your 482 due to breach prior to the 461 being granted, you could look at applying for a Bridging Visa E to remain in the country while the 461 is being considered. Interestingly, the BVE - if you could show financial hardship and add work rights to it - would likely not have the same work limitation (that you can only work for your sponsoring employer) that the 482 now has - it would actually allow more working rights than the 482 now does due to lack of that limitation.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by eeva View Post
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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  #68 (permalink)  
Old 04-14-2020, 01:01 PM
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Hi JMM -

Thanks for the note. I agree with you re "Dan" - no need to list as an additional name, especially if you have never been referred to in any official document as "Dan".

Re Q45, that's correct - "step" siblings are not included in that question.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by JMM View Post
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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  #69 (permalink)  
Old 04-14-2020, 01:05 PM
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Hi Cmamjay -

Thanks for the question. Normally you would apply for a visitor visa in this circumstance. That being said, there is an interesting provision in the Bridging Visa B legislation that allows for an onshore application for a Bridging Visa B tied to a previously applied for 309/100 application.The result, if it works, is that you would have a BVB that would allow you to remain in Australia until a decision is made on the 309/100,

The legislation is too complex to go into here where we have time for quick Q&A, but happy to discuss further at a consultation Ė please see https://nlaw.com.au/consultation/ for more information or to book online.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by cmamjay View Post
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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  #70 (permalink)  
Old 04-14-2020, 01:07 PM
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Hi Jeremy_K -

Thanks for the note. ETA might work if she has a direct family member (ie, spouse or de facto partner (lots of evidence required for these currently)) in Australia, however short of that the travel ban would currently prevent her from entering Australia.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by jeremy_k View Post
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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