Ask Mark! New 2020 Q&A

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Ask Mark! New 2020 Q&A


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Old 04-04-2020, 12:45 AM
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Ask Mark! New 2020 Q&A

Hi All -

I'm very excited to be back on the Australia Forum after some time away - it's such a fantastic and friendly community here. I wanted to announce a new 2020 edition of my Ask Mark! thread which I've hosted previously here for some time - as before, happy to do my best to provide information to anyone about Australian migraiton. A few notes:

* I tend to focus on family/partner visas, skilled and employer sponsored visas, and complex cases such as Schedule 3, PIC 4020, health and character cases, and do cases at the AAT Tribunal and the Courts
* I don't work a lot in the areas of student and refugee visas, so may not be the best source of info for these
* I may not be able to give you specific advice for your case if it involves complex or private issues that it's not practical to go into on a public forum - will let you know in this case

In these challenging times, communicating and sharing information is more important than ever, especially with things changing so quickly as they are now with the COVID-19 situation. I'm happy to be here to help, and look forward to your questions.

Best,

Mark Northam

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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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Old 04-04-2020, 02:04 AM
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Hi Mark. What advice would you give someone with a granted Prospective Marriage Visa right now who is yet to enter Australia?
My fiance, who is a US citizen in the US right now, was granted her PMV on 24 September 2019, so it expires 24 June 2020. We have been unable to move to Australia sooner due to personal reasons, and now it's looking like it might be physically impossible to arrive by 24 June, let alone get married and submit a partner Visa application by that date.
The information I have found suggests a PMV cannot be extended and we would have to re-apply if we can't comply with the Initial Entry Date requirement. This seems incredibly unfair. Do you think there could ever be a way around this? It would simply be heartbreaking for us to start from square one and spend god knows how much longer living apart. Thanks in advance for any advice you could provide us


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Old 04-04-2020, 03:30 AM
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Hi Mark, thanks for offering your time to answer questions. Looking forward to your posts. Do you think 820s will begin to move along a little quicker in the current situation. We have enough uncertainty as it is now...could do with out an extra layer ☹️


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Old 04-04-2020, 03:44 AM
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Hi Mark,

Thanks for this! I have a couple of questions:

- Regarding our 309 visa, the case officer recently contacted us requesting a police certificate and additional photos, which we provided. All other documents including medicals were previously done. It has now been 14 days since we submitted the documents and we haven't heard anything back. How long can it take for them to follow up?

-Also, I concurrently have also applied for a FA600 visit visa since 39 days and have not heard back. Do you think it is likely for them to grant a 309 visa given above and the Covid situation or process a 600 visa. (FYI my partner also visited me last time on a 600 visa)

-Lastly, are they currently working on usual capacity in terms of visa grants or do you expect slower than advertised visa processing times?

Thanks so much.


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Old 04-04-2020, 06:07 AM
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Hi Camsum -

Thanks for the question, and congratulations for being the first question poster on the 2020 thread!

RE PMV, that's a great question. By law it's not possible to change the expiration date of a visa once it has been granted - it's "baked in" essentially. So I'm not hopeful that they could extend the visa. That being said, DHA may - once the travel ban is lifted - make special arrangements for people with "spent" sc300 visas that could not enter in time, perhaps by allowing them to enter on a visitor visa and then lodge the sc820/801 application onshore. The primary difference in the 820 is price discount for sc300 holders - it may be that they make this discount available for previous sc300 holders as well depending on the circumstances.

Hope this helps -

Best,

Mark Northam

Quote:
Originally Posted by Camsum View Post
Hi Mark. What advice would you give someone with a granted Prospective Marriage Visa right now who is yet to enter Australia?
My fiance, who is a US citizen in the US right now, was granted her PMV on 24 September 2019, so it expires 24 June 2020. We have been unable to move to Australia sooner due to personal reasons, and now it's looking like it might be physically impossible to arrive by 24 June, let alone get married and submit a partner Visa application by that date.
The information I have found suggests a PMV cannot be extended and we would have to re-apply if we can't comply with the Initial Entry Date requirement. This seems incredibly unfair. Do you think there could ever be a way around this? It would simply be heartbreaking for us to start from square one and spend god knows how much longer living apart. Thanks in advance for any advice you could provide us

__________________
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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Old 04-04-2020, 06:10 AM
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Hi Waty -

Thanks for the question. My concern at the moment is that partner visa approvals seem to have slowed as DHA deploys their resources elsewhere to deal with COVID-19 related issues. I absolutely hope this will move along more quickly with partner visas, but I am honestly not expecting this given what's currently happening. However, don't give up hope! And dont' forget to periodically lodge new evidence with your 820/801 application - that can help keep your application visible and noticed.

Best regards,

Mark Northam




Quote:
Originally Posted by waty View Post
Hi Mark, thanks for offering your time to answer questions. Looking forward to your posts. Do you think 820s will begin to move along a little quicker in the current situation. We have enough uncertainty as it is now...could do with out an extra layer ☹️

__________________
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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Old 04-04-2020, 06:14 AM
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Hi Jezza -

Thanks for the note. Please see my responses below after each question:


Quote:
Originally Posted by Jezza View Post
Hi Mark,

Thanks for this! I have a couple of questions:

- Regarding our 309 visa, the case officer recently contacted us requesting a police certificate and additional photos, which we provided. All other documents including medicals were previously done. It has now been 14 days since we submitted the documents and we haven't heard anything back. How long can it take for them to follow up?

*** I've seen it go weeks or months after this, especially if they are waiting (as they often are) for external security checking to come back from whatever government agency(s) they sent it off to. Wish I had better news.


-Also, I concurrently have also applied for a FA600 visit visa since 39 days and have not heard back. Do you think it is likely for them to grant a 309 visa given above and the Covid situation or process a 600 visa. (FYI my partner also visited me last time on a 600 visa)


*** Hard to predict re sc600 visas currently - we just don't have enough information, although the Minister said today that visitors should start making their way "home". I'd probably guess that the 309 might be granted sooner at this point. If the sc309 is granted, do make sure you immediately withdraw your pending application for the sc600 if it is still outstanding at that time - a grant of the sc600 after the 309 is granted would wipe out th sc309 - a disaster!


-Lastly, are they currently working on usual capacity in terms of visa grants or do you expect slower than advertised visa processing times?

*** My guess: slower visa processing times unless they change the criteria for processing some visas.


Thanks so much.
Hope this helps -

Best,

Mark Northam

__________________
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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Old 04-04-2020, 06:38 AM
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Hi Mark

I have a question about schedule 3 criteria.This is my timeline for 820 partnet visa.

- June 2018 applied partner visa 280
- March 2019 received a letter from DHA regarding schedule 3 criteria asking for a compelling reason.
- Api 2019 submitted all necessary documents to the department.

My question is ... Is this a good sign that the department let me stay while waiting 820 onshore? it has been a year since receiving the letter and I havent heard anything from the department since Apr 19. Thank you


Last edited by JoStar; 04-04-2020 at 06:43 AM. Reason: wrong date

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Old 04-04-2020, 07:07 AM
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Hi JoStar -

Thanks for the question. In many case, the longer it goes after you lodge your Schedule 3 response and don't hear anythign back, the better. This is because DHA typically assess Schedule 3 in the early part of the assessment process and if you don't pass that part, they will refuse on Schedule 3 reasons alone, saving themselves the time of having to look at your relationship evidence. While there's no guarantee of this in any particular case, that's a pattern we've noticed over time.

Fingers crossed they have, in your case, moved on from Sched 3 and are assessing your relationship evidence! Keep in touch and best of luck with your visa.

Hope this helps -

Best,

Mark Northam

Quote:
Originally Posted by JoStar View Post
Hi Mark

I have a question about schedule 3 criteria.This is my timeline for 820 partnet visa.

- June 2018 applied partner visa 280
- March 2019 received a letter from DHA regarding schedule 3 criteria asking for a compelling reason.
- Api 2019 submitted all necessary documents to the department.

My question is ... Is this a good sign that the department let me stay while waiting 820 onshore? it has been a year since receiving the letter and I havent heard anything from the department since Apr 19. Thank you

__________________
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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Old 04-04-2020, 07:34 AM
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Hi Mark

That looks relief !! . Thank you very much for quick reply ^.^


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