Ask Mark! New 2020 Q&A - Page 9

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Ask Mark! New 2020 Q&A - Page 9


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  #81 (permalink)  
Old 04-14-2020, 12:40 PM
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Hi Emma89 -

Thanks for the note. Sorry am a bit confused - if your husband is the main applicant, normally all of you would be on the same application form - he as main applicant, you and any children as secondary dependent applicants. Normally bridging visas for these include work rights, however your circumstances may affect this. 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 emma89 View Post
Hi Mark,

My husband, 9 month old and myself are looking into the Visa 491 (my husband would be the main applicant). Just had a few questions!

- Do I apply for the Subsequent Visa Applicantion (491) or am I added to my husbands application as an applicant over 18 years of age?
- If we need to apply separately, who should I add our son under and does it make a difference?
- If I am to be an applicant over 18 years of age on the main application, will I still be able to work?

Thanks so much!

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Northam Lawyers http://nlaw.com.au [email protected]
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  #82 (permalink)  
Old 04-14-2020, 12:43 PM
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Hi Lauren -

Thanks for the note and kind words! Yes, VACCU (Visa Applicant Character Consideration Unit) processing appears to be continuing, although maybe slower than before. This can take many months, so I'd be patient but do make sure DHA has your current contact info and make sure no emails from them end up in your junk/spam email box and not seen.

Also, re VACCU, it's likely that they will request as much documentation as possible about any offences that they are looking at - we do quite a few of these types of cases, and it can be a good idea to prepare in advance by ordering any court records, police records, police certificates, etc as you can to try and get as much evidence about the offence(s) as possible once VACCU starts actively working on your case.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by L4ur3n View Post
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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Northam Lawyers http://nlaw.com.au [email protected]
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  #83 (permalink)  
Old 04-14-2020, 12:45 PM
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Hi Achmat -

Thanks for the note. Under the current legislation there is no specific income or asset test for partner visa sponsors, however you must be able to show that you "would be able" to financially support your partner for the first 2 years after they are granted a visa. Often payslips from previous work (if you are not employed currently) or current employment info, resume, etc can be helpful here.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by achmatxforbes View Post
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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  #84 (permalink)  
Old 04-14-2020, 12:47 PM
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Thank you, Mark, I did not upload form 80 and form 1221 initially with my bulk upload. Yes, there is a question re visa refused for countries other Australia.
I have recently filled it with additional information answering this question and will upload it this week. Should I still upload form 1022?

Quote:
Originally Posted by MarkNortham View Post
Hi Apurvwalia -

Thanks for the note. Normally that would not have a negative impact on your partner visa application, however I would suggest reviewing your application form for the 309/100 (including Form 80) to make sure there are no questions re visas refused for countries other than Australia - if so, you should look at lodging Form 1022 (Change of circumstances) to advise DHA of the refusal to update your 309/100 application.

Hope this helps -

Best,

Mark Northam


Last edited by apurvwalia; 04-14-2020 at 12:51 PM.

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  #85 (permalink)  
Old 04-14-2020, 12:47 PM
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Hi Shabazkhan -

Thanks for the note. Your question is too complex to be answered online here as there are overlapping issues. DHA does look at if/when a sponsor has declared the marriage to Centrelink so that is a potential issue. Also, Australia recognises marriages outside Australia as long as those marriages were civil marriages (ie, not just a religious ceremony with no registration with the local government, etc) and would have been legal in Australia had the marriage been performed in Australia. I would need to discuss your circumstances in detail at a consutlation in order to give you specific advice for your case - see https://nlaw.com.au/consultation/ for more details and to book online.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by Shabazkhan View Post
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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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
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  #86 (permalink)  
Old 04-14-2020, 12:54 PM
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Hi Rumesh -

Thanks for the question. Under the current regulations, and assuming you did not have a 457 application pending as of 18 April 2017 that was later granted, you would generally fall under the 3 year rule (would need to consult with you to get more information about your case in order to give you specific advice for your case). This rule states that you must spend 3 years with the SAME employer while holding a 457 and/or 482 visa in order to qualify for the TRT stream. There are many other aspects to these regulations, so it's important to check the regulations very carefully or consult with a Registered Migration Agent or Immigration Lawyer in order to get specific advice for your case.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by rumesh View Post
Hi Mark,

I am in Australia on TSS (482) two years visa currently and going to finish two years by end of 2020. My current employer will renew the visa.

However, my current employer will not sponsor for PR under TRT (186) visa. I have ONLY TRT(186) visa option in my case. So I am planning to join a new employer and transfer / apply for TSS.

My question is:

Do I have to be with the same Australian employer for the qualifying period (3 years) to be eligible for TRT?

OR

Is working in Australia for 3 years enough to be eligible for TRT? (regardless of number of employers)

Thanks in advance.

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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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  #87 (permalink)  
Old 04-14-2020, 12:55 PM
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Hi Apurvwalia -

No need for Form 1022 unless there was a question on something you already lodged (ie, main application form, etc) that needs to be corrected now that your circumstances have changed.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by apurvwalia View Post
Thank you, Mark, I did not upload form 80 and form 1221 initially with my bulk upload. Yes, there is a question re visa refused for countries other Australia.
I have recently filled it with additional information answering this question and will upload it this week. Should I still upload form 1022?

apurvwalia likes this.
__________________
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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  #88 (permalink)  
Old 04-14-2020, 03:43 PM
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Please update your flag here .

Thanks Mark, that provides some positivity. We have been waiting since Dec 19 and have had no communication yet it seems like a very slow process.

I am from the UK do you know where I can get access to the documents I may need?

Thanks again.


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  #89 (permalink)  
Old 04-14-2020, 11:16 PM
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Please update your flag here .

Hi mark i have applied 820/801 in june 2017 police check health has been submitted even for 80 also been submitted we always updated information
Hasn't heard any thing yet I'm from India high risk country can you please share your views
Thanks


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  #90 (permalink)  
Old 04-15-2020, 12:01 AM
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Please update your flag here .

Hi Mark,

Thanks for taking the time to help us all out!

I'm in the early stages of getting our documentation together in order for my partner to apply for the partner visa. I am beginning to ask friends and family to complete a stat dec or form 888 for us. My parents (who are Australian citizens) live in the US - so are they able to complete a form 888 and have it notorised in the States?

Thanks for your assistance!


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