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Ask Mark! - Page 1330


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  #13291 (permalink)  
Old 08-08-2017, 12:29 PM
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Hi Emmaandrico -

Thanks for the note. Generally to qualify for a subclass 300 PMV you need to express an intent and show evidence that you plan to marry in Australia, as a critical requirement is a letter from an Australian marriage celebrant. If you are planning to marry outside Australia, an offshore partner visa (subclass 309/100) is likely a better fit for you.

Re no impediment to marriage, it means that there must be no circumstance that would prevent you from legally marrying - such as being still married to someone else or if one or both parties is ineligible to marry due to being too young, etc.

Yes the travel history is difficult - one key issue is that if you were not immigration cleared into a country, you may want to include a letter that status that during a particular date range you visited may countries including (insert a list) and as you were not immigration cleared into each, you do not have dates for those visits. If you were immigration cleared and still do not have the dates, you could adjust the letter accordingly.

Hope this helps -

Best,

Mark Northam

Quote:
Originally Posted by emmaandrico View Post
Hello, my partner and I are hoping to apply for a Prospective Marriage Visa (subclass 300). I just have a few questions about it which I can't seem to find answers for.

I'm from the UK and my partner is from Australia, we've been a couple for around 3 years, spending a little over 2 years together during that time (including my 12 month working holiday visa and his 6 month tourist visa, as well as a long backpacking trip together). Unfortunately we're both currently stuck in our own countries due to work commitments but we've discussed marriage for a while and my partner paid the deposit on my engagement ring back in May. The ring is still in the process of being made, but if all goes to plan we will be officially engaged next month, during our holiday in Bali together.

I just have a few questions.

Firstly, do we sound eligible? Our relationship has been ongoing for many years and is very well supported by our friends and families, I'm very close with his and he is very close with mine.

Also, I've read about getting a letter from a celebrant with an agreed wedding date and I understand that this is essential. I've also read that most places will not provide this unless it is signed by both parties (tricky when you're living in different countries). We're hoping to get married in Southeast Asia, considering that we fell in love there, and I wondered if we could get a celebrant in Bali to write a letter for us whilst we're there. We haven't found a venue yet (although we have been looking) but I've read that this can be changed later on, is this true? Would this be enough proof of an intended marriage?

How do I prove that there's no impediment to our marriage (neither of us have been married before)?

And finally. This is a strange one but I had a look on the forms we need to complete and noticed that I have to state every country visited in the last 10 years...
I used to work on a cruise ship and I have no idea how I could possibly list every country visited, I know there is room for additional info but it's rather extensive and each visit was generally only a day long. Is there another way to do this or do I just have to bite the bullet and list every single port we stopped in?!

Sorry for the length of this post. I massively appreciate any help or advice!

__________________
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/

  #13292 (permalink)  
Old 08-08-2017, 12:32 PM
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Hi Ranadheer -

Thanks for the note. Re: 5 partner points for you from her, she will need to have a full migration skills assessment in her nominated occupation, and that occupation will need to be on the same list as yours. She will also need to have a score of IELTS 6 or higher on each of the 4 bands of the test or an equivalent score on another accepted test in order for you to claim partner points.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by ranadheerreddy View Post
Hi Mark,

Myself Ranadheer. I am planning to apply for AUS PR through skilled migration(189). I have 65 points and i want to claim 5 points through my spouse. My wife worked as Assistant professor for 5 years in her domain(ECE). Starting from 2008 to 2013. she got a experience letter from her college and a reference letter from her colleague. These two are enough?

Now she is home maker. She has done her B tech (Bachelors) 4 years in English Medium. So no need for her to take any English test right?

Please help to guide me.

Thanks and Regards,
Ranadheer Reddy T.

__________________
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/

  #13293 (permalink)  
Old 08-08-2017, 12:36 PM
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Hi Sumayyah86 -

Thanks for the note. The 485 visa is a very tricky visa with lots of requirements and date specific issues - I would need to see all of your documents, especially your transcript and Uni paperwork in order to advise you on specifically what to do and when to do it. There are just too many things that can go wrong with that visa so a complete assessment is necessary to make sure you meet all the requirements, especially all of the time of application requirements. Happy to assist at a consultation - see my website below for more info.

Best,

Mark Northam



Quote:
Originally Posted by Sumayyah86 View Post
Hi Mark. I was suppose to meet degree requirements from my uni on 28th july 2017 because i manage to chase the paperworks that need to be signed by the uni Dean. So i confidently applied for 485 visa on 30th july 2017. Worst thing happened on 31sty 2017 as i was informed by my uni that the dean hasn't sign my paperwork.. so meeting degree requirement was delayed to 4th august 2017. But the thing is that i have applied for 485 visa on 30th july.. and on the website it says i need to meet the degree requirements before visa lodgement. Now that i am in bridging visa i wish to withdraw my application and re apply for 485 visa and i believe there won't be any issue since i have met the degree requirements on 4th august 2017. Do you reckon I'm on the right path here? Should i withdraw?

__________________
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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  #13294 (permalink)  
Old 08-08-2017, 12:41 PM
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Hi Indy14 -

Great question! My view is that you are most likely OK, as there is nothing to prevent you from becoming (or already being) qualified in occupation "B" while holding a 457 visa for occupation "A". I think it's a wise move not to claim the Australian experience while holding the 457 since your work under that visa is limited to occupation "A". Also, there is considerable crossover between various IT occupations.

If the CO does enquire, I would make it very clear that the work you did for your 457 sponsor was in the same occupation as you were nominated for, and that you achieved a skills assessment in a different related occupation based on previous work experience and previous education.

Hope this helps -

Best,

Mark Northam



Quote:
Originally Posted by indy14 View Post
Hi Mark,

Hope you're doing great.

The amount of time that you are sparing for addressing the queries of the Australian immigration aspirants is commendable.

Just seeking your expert advice on my case, where I am stuck in a dilemma because of different occupation nominated under my 457 visa in Australia, and now getting a successful skill assessment under different ANZSCO code according to my current responsibilities.

My occupation under 457 was 313112 (ICT Customer Support officer) which was incorrectly done by my employer and I didn't have any control over it and wasn't even aware of, how they were handling the 457 visa application at that time. Even my role mentioned in the form 1221 of the 457 application was 'Application Support and Programming' which aligns with the role of a Software Engineer. It was a mix of application support and enhancement role and not specifically a customer support role as nominated by my employer in the 457 application.

Nevertheless, now I have got the positive assessment from ACS under 261313 Software Engineer with 2 years deduction.

Have submitted EOI for 189 at 65 points and 190 at 70 points. To be on the safer side, I haven't claimed the points for 1 year of AU experience because of the different occupation under 457. However, I still don't know, if this would create any problem, as in the ACS letter they have deemed me suitable for migration under Software Engineer and eligible for points under skilled migration for the term I was in Australia but I am still not claiming those because of the occupation in 457 being a different one.

I am currently in Melbourne only on a 457 visa.

Would you please share your thoughts on this. Would there be any concern regarding this is the mind of a CO or it will be ok since I haven't claimed any of the AU experience points i.e. 5 points for completing 1 year in Australia.

Will wait for your advise in this matter.

Thanks.

__________________
ANZSCO: 261313, Software Engineer
ACS Applied: 26-June-2017
ACS Result: Positive on 27-Jul-2017, 2 years deduction.
Qualification: BCA+MCA (Both ICT Major Computing)
IT Exp: 4 and half yrs total; 3 yr India, 1 and half yr Australia
PTE-A:20
Points: Age(30)/Edu(15)/Eng(20)/WorkEx(0) = 65 points
EOI 189: Submitted on 28-July-2017 at 65 points.
EOI 190: Submitted on 29-July-2017 for NSW at 70 points.
Note: Not claiming 5 pts for AU Experience because of different occupation under 457.

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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/

  #13295 (permalink)  
Old 08-08-2017, 01:21 PM
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Thank you so much Mark.

Yes, it definitely helps. That's a great point to be taken care off. In case of any concern, I should state it to the CO, that I worked for occupation A only (313112 ICT customer support) under 457 and acquired positive assessment for occupation B (261313 Software Engg.) based on my past qualification and experience.

Although, it's a real bad luck that I am not able to claim the AU experience points just because of this carelessness from my employer's visa team. Even I didn't have any knowledge about the visa processing at that time otherwise I would have asked them to rectify it and it's too late now to ask them for initiating any such change in the 457 visa, since I am not going to get the points anyway for the period that has already gone past and as per DIBP the occupation was 313112. You don't even need a professional degree to qualify for this occupation and on the other hand I have a Masters degree in Computer application.

Anyways, thanks for your suggestion Mark.

Quote:
Originally Posted by MarkNortham View Post
Hi Indy14 -

Great question! My view is that you are most likely OK, as there is nothing to prevent you from becoming (or already being) qualified in occupation "B" while holding a 457 visa for occupation "A". I think it's a wise move not to claim the Australian experience while holding the 457 since your work under that visa is limited to occupation "A". Also, there is considerable crossover between various IT occupations.

If the CO does enquire, I would make it very clear that the work you did for your 457 sponsor was in the same occupation as you were nominated for, and that you achieved a skills assessment in a different related occupation based on previous work experience and previous education.

Hope this helps -

Best,

Mark Northam


  #13296 (permalink)  
Old 08-08-2017, 02:05 PM
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visa 887

Quote:
Originally Posted by MarkNortham View Post
Hi All -

As a Registered Migration Agent, I'm happy to answer general questions as my workload allows, and always enjoy sharing information and knowledge with visa applicants. As more and more questions directed to me are ending up tacked on to unrelated threads, I created this thread specifically if people want to ask me a question. House rules:

* I cannot assess your specific case here - that's what consultations are for - see my website in the email signature below. It takes more time to properly assess a case than is practical for back&forth forum questions.

* Please include any info you can related to your question.

* I can't help you in the following areas: finding a job/sponsor, job prospects for specific occupations, how much time DIBP will take to [fill in the blank], what the chances of success are for your application, whether your evidence is sufficient, etc.

* I can help you in areas such as the requirements for various visas and skills assessments, procedural questions working with DIBP, MRT, etc, more complex visa issues such as cancellations, exclusion periods, condition 8503 and other conditions, refusals, reviews, ministerial intervention, MRT/RRT, etc

My workload keeps me very busy, so I am not always able to get back and respond to questions same-day, but will do my best. Please be patient. If a matter is very urgent, please contact me directly (contact info on website listed in my email signature)

I hope you find this helpful and useful.

Best,

Mark Northam
Hi,

I am on visa 489 . by next September , I will be completing two years living in regional areas and more than one year working full time. I think I am qualified to apply for visa 887.

My only concern is that I went overseas to my home country for one month . this was my pain annual leave. Do you think this period will be deducted from the two-year condition ?

Thanks


  #13297 (permalink)  
Old 08-08-2017, 02:54 PM
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Hi Samked -

Thanks for the question. There is a DIBP policy directive that typically 3 weeks paid leave is allowable per year as normal holiday time and being outside Australia for normal holiday times is not time deducted from your time living in Australia.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by samked View Post
Hi,

I am on visa 489 . by next September , I will be completing two years living in regional areas and more than one year working full time. I think I am qualified to apply for visa 887.

My only concern is that I went overseas to my home country for one month . this was my pain annual leave. Do you think this period will be deducted from the two-year condition ?

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/

  #13298 (permalink)  
Old 08-08-2017, 11:23 PM
EWR EWR is offline
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Hi Mark,

I arrived here on Visitor visa 600.
I had lodged my 866 Protection Visa online and have acknowledgement letter from DIBP month ago.

I am on financial hardship so I contact Red Cross, the caseworker told me that I need to be in Bridging visa to receive SRSS payment support.

The problem is I have not grant any bridging visa as I have not receive any email about bridging visa.

My visitor visa will expire on september, do I need to cancel my visitor visa to make effective bridging visa A faster?

I have seen that there are option to apply online bridging visa A but my account not have a link, do I need to apply on paper ?

Please help to guide me.

Thanks and Regards,


Last edited by EWR; 08-08-2017 at 11:58 PM.

  #13299 (permalink)  
Old 08-08-2017, 11:33 PM
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hey,

so little back ground information on my situation. I am Scottish here on a working holiday visa, my partner is Scottish and an Australian citizen. we have filled in the 1st part of the partner sponsor visa. just ready to pay. we have been friends for 10+ years and we have been in a relationship since August 2015 (1st year long distance). I moved over here in August 2016.
the evidence we have is;

2 joint rental leases
joint back account
joint car
registered our relationship
loads of photos collaged together chronologically
birthday cards
emails
screen shots of messages
divorce paperwork
2x 888 forms by aus citizens
2x personal statements 1 for each of us.
proof we are each others beneficiaries in work and next of kin

is this enough to start with until they ask for more? we are paying tomorrow and starting sponsor form then start to upload the evidence.


any advice from anyone who has done it would be greatly appreciated


  #13300 (permalink)  
Old 08-09-2017, 09:24 AM
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Join Date: Aug 2017
Posts: 2
Users Flag! From netherlands

Hello Mark,
I really need some help. Last year, I applied for my son's citizenship by descent which was granted.
Now, my husband, me, and my son have dual citizenships. {my son and I only hold ID cards of the second citizenship}

Due to reading mistakes, we have only proviced proof of dual citizenship for my husband. My son and mine second citizenship was never mentioned. Only the main one. This had truely been unintentional

Now, we want to apply for an 820 and of course we want to be honest. But I am afraid that I will face PIC4020 because of this previous mistake.
Is there any way to fix this terrible mistake, despite having the citizenship for my son already granted. And will this affect anything?

On the internet I have read that about any "false" information of any visa held in the past 12 months. But would this also apply for a citizenship application?

I am so afraid and have barely been sleeping because of this. I hope you can help me or comfort me.


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