# Ask Mark! 2019 Thread



## MarkNortham (Dec 19, 2012)

Hi All -

Thought I would start a new thread here for the new year (well, a few weeks early!) to answer questions given all the recent changes in migration law and policy, especially in the area of partner and fiance visas - an area I specialise in. In the last few months my business got quite busy, and I wasn't able to get to all the questions I wanted to from the previous thread - my apologies for the delay.

As an immigration lawyer and registered migration agent, I'm happy to answer general questions as my workload allows, and always enjoy sharing information and knowledge with visa applicants. A few quick 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 or details 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 DHA 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 DHA, AAT, etc, more complex visa issues such as cancellations, exclusion periods, PIC 4020, Schedule 3 (another specialty area of mine) condition 8503 and other conditions, refusals, reviews, ministerial intervention, health and character issues, 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


----------



## ampk (Sep 21, 2013)

Hi Mate have a great new year.


----------



## MarkNortham (Dec 19, 2012)

Thanks! Hope you're doing well.

Best regards,

Mark Northam



ampk said:


> Hi Mate have a great new year.


----------



## englishkoala (Oct 19, 2018)

Hi Mark! Thanks for creating the opportunity to ask you questions.

I have a question in regard to the first phase partner visa; once you create the application and submit; if I later upload evidence that covers a period of time AFTER submitting, e.g. a utility bill for 1 year after submission date, does this still count as evidence? Or do the CO usually say it's only concerned with evidence that covers a period of time up to the application submission date?

Thanks!


----------



## Emily j (Jan 17, 2018)

Hi Mark, good to see you back. I have been granted a BVC with "NO WORK" condition after applying for a 820 partner visa. Can I request the "NO WORK" condition to be removed?

Many thanks


----------



## MarkNortham (Dec 19, 2012)

Hi Englishkoala -

Thanks for the question - yes, all evidence must be considered by DHA up until the point they make a decision. Certain legal requirements such as the requirement that for de facto partners for an 820/801 partner visa the relationship must have existed at a de facto level for the 12 months prior to the date of application are fixed on the date of application, however overall relationship evidence can and should be submitted not just for the period prior to application, but for the period after application up until a decision by DHA. It shows DHA that the relationship continues to exist not just before and on the application date, but after the application date.

Hope this helps -

Best,

Mark Northam



englishkoala said:


> Hi Mark! Thanks for creating the opportunity to ask you questions.
> 
> I have a question in regard to the first phase partner visa; once you create the application and submit; if I later upload evidence that covers a period of time AFTER submitting, e.g. a utility bill for 1 year after submission date, does this still count as evidence? Or do the CO usually say it's only concerned with evidence that covers a period of time up to the application submission date?
> 
> Thanks!


----------



## MarkNortham (Dec 19, 2012)

Hi Emily -

Yes in most cases - you would need to lodge Form 1005 unless your online application allows for online application for a replacement BVC. Only way to get the work restriction lifted is to show financial hardship - that the sponsor's income is not sufficient to support both of your combined living expenses. There has been some talk that this sort of a finding may endanger the partner visa application - specifically the requirement that the sponsor be able to provide financial support to you for the first 2 years after the 820 visa is granted, however I have never seen a partner visa refused because the applicant claimed financial hardship and was granted work rights.

Hope this helps -

Best,

Mark Northam



Emily j said:


> Hi Mark, good to see you back. I have been granted a BVC with "NO WORK" condition after applying for a 820 partner visa. Can I request the "NO WORK" condition to be removed?
> 
> Many thanks


----------



## Emily j (Jan 17, 2018)

MarkNortham said:


> Hi Emily -
> 
> Yes in most cases - you would need to lodge Form 1005 unless your online application allows for online application for a replacement BVC. Only way to get the work restriction lifted is to show financial hardship - that the sponsor's income is not sufficient to support both of your combined living expenses. There has been some talk that this sort of a finding may endanger the partner visa application - specifically the requirement that the sponsor be able to provide financial support to you for the first 2 years after the 820 visa is granted, however I have never seen a partner visa refused because the applicant claimed financial hardship and was granted work rights.
> 
> ...


Thank you very much for your quick reply. If I apply for a replacement BVC which is listed on my online application, will I still have to say I want to work due to financial hardship? I really dont want to say this just in case it does affect my application.

Many thanks


----------



## MarkNortham (Dec 19, 2012)

Hi Emily -

Yes - financial hardship is the only grounds on which to lift the work restriction on a BVC in these circumstances.

Best regards,

Mark Northam



Emily j said:


> Thank you very much for your quick reply. If I apply for a replacement BVC which is listed on my online application, will I still have to say I want to work due to financial hardship? I really dont want to say this just in case it does affect my application.
> 
> Many thanks


----------



## Emily j (Jan 17, 2018)

MarkNortham said:


> Hi Emily -
> 
> Yes - financial hardship is the only grounds on which to lift the work restriction on a BVC in these circumstances.
> 
> ...


Many thanks for your help Mark.


----------



## PrettyIsotonic (Oct 2, 2018)

Hi Mark - thank you so much for doing this. I have learnt so much reading through your answers and listening to your show - it is great to see your empathetic client-centered approach to providing your services. 

I have a question regarding the GSM visas 189 / 190 / 489:

On another forum there have been claims recently by a few people that DHA has been sending through requests for more information regarding employment episodes (so far all the instances that have reported this are 189 applicants) that were listed in their visa application but clearly marked as "not relevant or closely related to their nominated occupation" and that they were not claiming points for.

Is this an error by the COs to ask for info regarding these employment episodes, a new change, or a previously seemingly unenforced aspect of the Migration Regulations that is now being enforced?

There is some speculation among applicants that employment episodes deducted by skills assessing authorities to deem one skilled is fair game for verification / requests for more information (and the cases I allude to above have a mix of such employment episodes and some that are completely irrelevant). 

Thanks


----------



## MarkNortham (Dec 19, 2012)

Hi PrettyIsotonic -

Thanks for the note and kind words! We've noticed that over the last 6 months or so, for skilled visas DHA is taking a closer look at skilled employment claims including more verification visits (or calls) to current or former employers, etc. What's also new is that they are looking into employment that is used to meet the deeming period (ie, 2 years for some ACS candidates, etc) where the employment is considered skilled by the skills assessor, but cannot be counted for points because it's used to meet the minimum amount of skilled employment to meet the particular deeming period (to be deemed as "skilled") of the skills assessor. DHA clearly considers this skilled employment to be fair game for all verification checks, etc.

As for non-relevant employment that is not used to meet the deeming period and not claimed for points, we haven't seen DHA checking this but that's no guarantee that it is not done - for instance, since all employment must be listed on Form 80, they could use that as a reason to check that, but it's hard to see how checking side jobs at McDonald's or something else utterly irrelevant to the skilled employment claims could be justified.

Hope this helps -

Best,

Mark Northam



PrettyIsotonic said:


> Hi Mark - thank you so much for doing this. I have learnt so much reading through your answers and listening to your show - it is great to see your empathetic client-centered approach to providing your services.
> 
> I have a question regarding the GSM visas 189 / 190 / 489:
> 
> ...


----------



## PrettyIsotonic (Oct 2, 2018)

Thank you so very much Mark - that is helpful - and I have shared your thoughts with others. 

If I may pick your brain on another question regarding the 8501 - maintain health insurance condition for 485 visa holders. For 485 visa holders who have lodged a PR visa (e.g. 189/190) onshore, and have got a BVA, thus making them eligible for Medicare - is Medicare enrollment sufficient to meet the 8501 condition?

I have seen some say that 8501 refers to health insurance (e.g. OVHC) that provides the same or better coverage than Medicare - would be great to hear from you - it would be far cheaper for me to cancel my OVHC and get separate extras cover depending on my circumstances - especially since I am already liable from a tax perspective for my Medicare coverage


----------



## Emily j (Jan 17, 2018)

Hi Mark, sorry me again. I applied for the 820 partner visa onshore. I had a 461 partner visa which was due to expire so applied for another, unfortunately we were informed my partner was no longer eligible to do this and was advised to withdraw the application. I was given this information from my CO the day my substantive visa expired and a BVA was granted. I then applied for the 820 visa within the 28 days of my substantive visa expiring. I am now worried regarding the schedule 3 waiver I have done the wrong thing as I have read we have to give reasons that were out of our control why I applied onshore. I believe we have compassionate and compelling reasons but not reasons out of our control.

Any advice would be appreciated.


----------



## MariyaV (Dec 14, 2018)

Hi Mark, thank you so much for your selfless help! 
I have a problem here... 
I applied for a visitor visa subclass 600 in the middle of September. In the end of october I've received an email from an officer asking me for additional documents as they were not satisfied with my Work evidence. I sent them new documents and letter with my comment (also by that time I was just in a process of chaging job to new one, so I updated that information as well). 
Yesterday, after 1,5 months more and a missed flight, I've received a rejection email. It also says I don't meet PIC 4020... It is written that exclusion period may now apply, but the wording is so not clear, that I can't even understand if it applies to me or not.
Nowhere it says straight that I'm excluded for 3 years. 
I am so shocked, confused and upset now. I've been to Australia 3 times before and never had problems. It would have been my 4th time and I just wanted to spend holidays there. 
Anyway... I hope you can help me, how can I find out if I even can apply for a new visa or not? Or if I'm banned for 3 years...
Thank you in advance!


----------



## shamtah (Aug 2, 2014)

Hi Mark,

I have immigrated to Australia a year ago on a Skilled nominated (subclass 190) visa.I am working now in a temporary job(for 4 months) in my profession till the end of this month and I have been searching for another job during this period but I could not find any in my state of nomination(The ACT).

Am I allowed to apply for a job in another state and can I work outside the ACT in case I have a job offer in another state without affecting my chances in getting the citizenship in the future?

Thank you and have a merry Christmas.


----------



## 255458 (May 16, 2016)

Hi Mark,

Thank you for the opportunity for letting us ask you questions. I have a few questions I would like to ask.

The government has changed the layout of their website and I can no longer find the information I used to find before. I am planning to apply for the 801/820 visa. I cannot find any information regarding to the bridging visa which is given when the current visa runs out. Where did this information go? Have they removed the bridging visa for 801/820 visa?

Will there be any confirmation that a bridging visa will be put into effect before the applicant's current visa expires?

Is there an up to date version of the partner migration booklet which we can download?

For the passport photographs the applicant is asked to have their name printed on the back of the photo. Do they mean the name to be printed on the back by a printer or written down by hand?

Is a health check required or should it only be done if asked?

I am required to serve in the army in my home country. However, I had postponed my military service for two years starting from the 10th of March 2016 and ending on the 10th of March 2018. My postponement has now expired. In this circumstance, do I need to provide any documents regarding to the status of my military service?

How many photographs shall we upload in regards to proving our de-facto relationship? We heard not to upload more than ten photographs. Is that advisable?

Thank you.


----------



## MarkNortham (Dec 19, 2012)

Hi PrettyIsotonic -

Thanks for the kind words, and great question!

Condition 8501 exists on several temporary visas, and requires the holder to "maintain health insurance" while holding the visa and in Australia. The good news is that there is specific policy that states that holding a Medicare card obtained due to a PR application meets 8501:

_"Temporary visa holders who apply for a permanent visa may, in some circumstances, be eligible for Medicare benefits until a final decision is made on their permanent visa application. Temporary visa holders who hold a valid Medicare card under these circumstances may be considered to meet the minimum requirements for adequate health insurance for the period of time they hold the valid Medicare card."
_
So if you hold a visa with condition 8501 requiring health insurance, Medicare coverage will satisfy that condition per DHA policy above. You'll just want to make sure if you do depend on a Medicare card to satisfy condition 8501, that you keep the Medicare coverage in place continuously - in some cases they will only provide this coverage for 6 month renewable periods while a visa (or AAT review of a visa) decision is pending. Renewing in advance will keep 8501 covered.

Hope this helps -

Best,

Mark Northam



PrettyIsotonic said:


> Thank you so very much Mark - that is helpful - and I have shared your thoughts with others.
> 
> If I may pick your brain on another question regarding the 8501 - maintain health insurance condition for 485 visa holders. For 485 visa holders who have lodged a PR visa (e.g. 189/190) onshore, and have got a BVA, thus making them eligible for Medicare - is Medicare enrollment sufficient to meet the 8501 condition?
> 
> I have seen some say that 8501 refers to health insurance (e.g. OVHC) that provides the same or better coverage than Medicare - would be great to hear from you - it would be far cheaper for me to cancel my OVHC and get separate extras cover depending on my circumstances - especially since I am already liable from a tax perspective for my Medicare coverage


----------



## MarkNortham (Dec 19, 2012)

Hi Emily -

Thanks for the question. Schedule 3 is enlivened for onshore partner visa applications if at the time of application the visa applicant holds only a bridging visa (any type of bridging visa) or no visa at all. The important parts of Schedule 3 (of the Migration Regulations 1994 (Cth)) are 3001, 3003 and 3004. If you lodge your partner visa within 28 days of holding a substantive visa, you can make a claim to meet the various elements of 3001 which include among other things, ceasing holding a substantive (non-bridging) visa for reasons beyond your control.

However for onshore partner visas there is another route if you do not meet 3001 or lodged more than 28 days after you last held a non-bridging visa. That is the overall "compelling reasons" waiver provision for the entirety of Schedule 3 provisions - compelling reasons can represent a challenging requirement since the word "compelling" has no agreed-upon meaning - it means for the most part whatever the decision maker decides it means.

So even if you can't meet 3001 due to not being able to establish reasons beyond your control, there is for the 820/801 visa application an overall waiver also available. Not easy to satisfy, but it can be done in many cases.

A big question for next year - with the new legislation "splitting" the partner visa into a sponsorship application and a visa application - where the visa application we expect can only be applied for once the sponsorship application is approved - will they keep Schedule 3 or remove it....?? Huge question with wide-ranging ramifications.

You may want to consider a consultation with an immigration lawyer or migration agent to help better understand chances of success with a Schedule 3 waiver if you are considering that - but regardless of what the agent/lawyer may say - there's a huge amount of differences in decision in this regard because everybody's idea of "compelling" is different. I do quite a few Schedule 3 cases and trying to predict the outcome can be challenging to say the least.

Hope this helps -

Best,

Mark Northam



Emily j said:


> Hi Mark, sorry me again. I applied for the 820 partner visa onshore. I had a 461 partner visa which was due to expire so applied for another, unfortunately we were informed my partner was no longer eligible to do this and was advised to withdraw the application. I was given this information from my CO the day my substantive visa expired and a BVA was granted. I then applied for the 820 visa within the 28 days of my substantive visa expiring. I am now worried regarding the schedule 3 waiver I have done the wrong thing as I have read we have to give reasons that were out of our control why I applied onshore. I believe we have compassionate and compelling reasons but not reasons out of our control.
> 
> Any advice would be appreciated.


----------



## MarkNortham (Dec 19, 2012)

Hi MariyaV -

Wow, sorry to hear of PIC 4020 refusal - that's a very nasty part of the immigration law. Please PM me or email me (see my email in my signature below) and I'd be happy to take a look at your decision documents and advise on available options going forward - best to see exactly where you stand when it comes to PIC 4020.

Hope this helps -

Best,

Mark Northam



MariyaV said:


> Hi Mark, thank you so much for your selfless help!
> I have a problem here...
> I applied for a visitor visa subclass 600 in the middle of September. In the end of october I've received an email from an officer asking me for additional documents as they were not satisfied with my Work evidence. I sent them new documents and letter with my comment (also by that time I was just in a process of chaging job to new one, so I updated that information as well).
> Yesterday, after 1,5 months more and a missed flight, I've received a rejection email. It also says I don't meet PIC 4020... It is written that exclusion period may now apply, but the wording is so not clear, that I can't even understand if it applies to me or not.
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Shamtah -

Thanks for the question. The bottom line is: no way to predict. With DHA trying to refuse people citizenship for multiple traffic offences, the idea of breaching an agreement with a state sponsorship authority is not so far-fetched as it might have seemed some years ago. I'm not aware of any attempts to refuse citizenship based on a breached state sponsorship agremeent (which is usually a civil agreement you make with the state vs any sort of condition on your visa), but that doesn't mean it hasn't or won't happen.

My best advice in these situations is to conduct an extremely thorough job search and document every single step of it to build a thick file describing how you made a good faith effort to find a job in your sponsoring state/regional area in your profession. If in the future DHA brings up the early exit from your sponsoring state, the detailed job search records may be helpful. After completing the job search and before you depart the sponsoring state, you might also consider requesting a "release letter" from the state - most don't provide these, but in the face of a good faith but unsuccessful job search you might get lucky, In any case, the job search file is probably the best evidence you could use if later on you are the subject of DHA allegations that your character has issues due to leaving the sponsoring state early.

Hope this helps -

Best,

Mark Northam



shamtah said:


> Hi Mark,
> 
> I have immigrated to Australia a year ago on a Skilled nominated (subclass 190) visa.I am working now in a temporary job(for 4 months) in my profession till the end of this month and I have been searching for another job during this period but I could not find any in my state of nomination(The ACT).
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Bariscan90 -

Thanks for the questions - please see my responses at *** after your questions below:



bariscan90 said:


> Hi Mark,
> 
> Thank you for the opportunity for letting us ask you questions. I have a few questions I would like to ask.
> 
> ...


Hope this helps -

Best,

Mark Northam


----------



## Underthesun (Jan 12, 2017)

*Medical check*

Hi Mark.

I was wondering if you could give me your point of view.
My plan was to do my health assessment 6 months after lodging 820, to see if things speed up. (the rest of the application is front loaded). What is your opinion on this. Or should we wait until requested as then we will know when our case is being looked at.
Thanks in advance!


----------



## laurensvds (Dec 18, 2018)

Hi Mark, 

Couple questions if that's okay 

Are offshore defacto partner visa applicants able to apply for a visitor visa (subclass 600) sponsored family stream while the offshore defacto partner visa is being processed? Is this a common path? My partner was denied a tourist visa recently (deemed risk of overstaying) so don't think we will be able to apply from within Australia?

And also for a defacto partner visa application, does the couple need 12 months of continual cohabitation before the application? I am currently in Australia after living with my partner overseas for the previous 6 months and we have been living together for 12 months but not continuous yet!

Thanks in advance, Laurens


----------



## MarkNortham (Dec 19, 2012)

Hi Underthesun -

Thanks for the note. If the rest of the application is front-loaded (including all police certificates for sponsor and applicant), then I'd probably lean towards doing the health 6 months in, in hopes that when the application does get taken up by a case officer/team, they'll see that everything is done and perhaps expedite things, or at least skip a couple of internal queues, etc.

Hope this helps -

Best,

Mark Northam



Underthesun said:


> Hi Mark.
> 
> I was wondering if you could give me your point of view.
> My plan was to do my health assessment 6 months after lodging 820, to see if things speed up. (the rest of the application is front loaded). What is your opinion on this. Or should we wait until requested as then we will know when our case is being looked at.
> Thanks in advance!


----------



## MarkNortham (Dec 19, 2012)

Hi Laurens -

Thanks for the questions! Yes, trying a sponsored family stream sc600 can be a successful strategy as long as everyone meets all the requirements, however I've seen more than a few cases where doing the sponsored stream didn't make any apparent difference re: genuine temporary entrant criteria. However, I think it's worth a try if that's the only option you have left to try and spend some time together.

Re partner visa living together requirement, the requirement if you have not registered your de facto relationship with the Australian state you live in (which automatically satisfies the 12-month requirement - check the regulations for more on this) is that you have been in the relationship as de facto partners for at least the 12 months prior to the date of application. If you were not living together for the entire 12-month period, you should be able to show how the relationship continued at a de facto level despite whatever break(s) there were. Whether the living together during those 12 months was in Australia or elsewhere, that's not really an issue - it's all about the relationship evidence to show a partnership that is far beyond boyfriend/girlfriend, roommates, travel companions, etc.

Hope this helps -

Best,

Mark Northam



laurensvds said:


> Hi Mark,
> 
> Couple questions if that's okay
> 
> ...


----------



## Emily j (Jan 17, 2018)

MarkNortham said:


> Hi Emily -
> 
> Thanks for the question. Schedule 3 is enlivened for onshore partner visa applications if at the time of application the visa applicant holds only a bridging visa (any type of bridging visa) or no visa at all. The important parts of Schedule 3 (of the Migration Regulations 1994 (Cth)) are 3001, 3003 and 3004. If you lodge your partner visa within 28 days of holding a substantive visa, you can make a claim to meet the various elements of 3001 which include among other things, ceasing holding a substantive (non-bridging) visa for reasons beyond your control.
> 
> ...


Hi Mark, again thank you for your information. We submitted the application within the 28 days as our CO for my now expired 461 visa advised us to do this. I talked with her on the phone and she put me on hold and then came back saying she had spoken with the 820 team and they advised to lodge within the 28 days. After reading a lot of posts on here I can see now that its probably not the best to take advice from DHA.

Many thanks for your help Mark, have a fantastic Christmas.


----------



## MarkNortham (Dec 19, 2012)

Hi Emily -

Agreed - it can be hazardous to rely on immigration advice from DHA, as they're not even supposed to be providing that and wouldn't be responsible for whatever advice they may choose to provide.

Lots of people get tripped up on Schedule 3 re partner visas - don't feel bad - other than lack of relationship evidence, Schedule 3 refusals (for 820/801 applications) are the most frequently seen.

You might chat with a few migration agents or immigration lawyers and get some feedback on potential Schedule 3 compelling reasons candidate reasons to consider as you look at putting together your Schedule 3 waiver.

Hope this helps -

Best,

Mark Northam



Emily j said:


> Hi Mark, again thank you for your information. We submitted the application within the 28 days as our CO for my now expired 461 visa advised us to do this. I talked with her on the phone and she put me on hold and then came back saying she had spoken with the 820 team and they advised to lodge within the 28 days. After reading a lot of posts on here I can see now that its probably not the best to take advice from DHA.
> 
> Many thanks for your help Mark, have a fantastic Christmas.


----------



## blonded.solo (Dec 19, 2018)

*801 Application process*

Hi Mark,

Thank you for providing an opportunity to ask questions.

I just today received my email notification from Immi to say that I can now submit information for my permanent stage of my partner visa (801).

The issue is - there was no time-frame letting me know when I have until to apply for this part of the Visa. Obviously, I have some evidence to compile and I need to get things in order.

I originally lodged for the 820 PV on 19/01/2017, this was granted on 25/01/2018, and I suppose the 2 years from lodgement would be 19/01/2019. How long after the 19th January 2019 am I safe to apply by? E.g. if i was to apply by 19th February, would this be too late?

Thank you for your help,

Matt


----------



## MarkNortham (Dec 19, 2012)

Hi Matt -

Thanks for the question. There is no prescribed time limit in the regulations for how long past the 2 year mark they will allow before they have concerns - I've seen people do it several months past the 2-year mark without any issue. Based on what I've seen, I would think that 4 weeks would not be likely to cause an issue.

Hope this helps -

Best,

Mark Northam



blonded.solo said:


> Hi Mark,
> 
> Thank you for providing an opportunity to ask questions.
> 
> ...


----------



## blonded.solo (Dec 19, 2018)

Hi Mark,

I really appreciate the reply, and so quickly too.

That has helped a bunch  I hope you have a relaxing Christmas and New Year.

Cheers,

Matt


----------



## Underthesun (Jan 12, 2017)

MarkNortham said:


> Hi Underthesun -
> 
> Thanks for the note. If the rest of the application is front-loaded (including all police certificates for sponsor and applicant), then I'd probably lean towards doing the health 6 months in, in hopes that when the application does get taken up by a case officer/team, they'll see that everything is done and perhaps expedite things, or at least skip a couple of internal queues, etc.
> 
> ...


Hi Mark!
Thank you so much for the reply.
I think we will take our chances and do the medical 6 months in. We have done all police checks upfront. We are also thinking of starting a family, which then makes it difficult to do the x/ray and might delay the process. What is your experience with a front loaded application, can we be lucky to skip some waiting times, if they do not have to request the different elements?


----------



## oopsinator (Dec 8, 2018)

Hi Mark, I have been with my partner for just over 4 years and we are applying for the partner visa soon. 

There is one thing we are scared about. When they were in Australia on their work and travel year 3-4 years ago, they did cash in hand work. It was never a lot and below the taxable threshold of $18,000. Do you have any tips for broaching this? We have no idea what to do about it. We tried researching it and cannot find any helpful advice. Shall we just go with the approach honesty is the best policy and say it outright? Or just list those places they worked at and not say it was cash in hand and see if they ask about it?


----------



## MarkNortham (Dec 19, 2012)

Thanks, Matt - glad I could help - Happy Holidays!

Best regards,

Mark Northam



blonded.solo said:


> Hi Mark,
> 
> I really appreciate the reply, and so quickly too.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Underthesun -

From the best we can tell, some percentage of fully front-loaded applications seem to be processed quickly, perhaps to help even out their average processing time numbers, but that's just a guess. Whether it's luck or some sort of internal quota/formula/selection criteria, hard to say, but it may be worth a go!

Best regards,

Mark Northam



Underthesun said:


> Hi Mark!
> Thank you so much for the reply.
> I think we will take our chances and do the medical 6 months in. We have done all police checks upfront. We are also thinking of starting a family, which then makes it difficult to do the x/ray and might delay the process. What is your experience with a front loaded application, can we be lucky to skip some waiting times, if they do not have to request the different elements?


----------



## rizaenaj (Dec 17, 2018)

Hi Mark!
Im new here. I just want ask because I received an invalid application last Tuesday 18/12/2018 and on the email letter said it can be refunded which I did. How long will it take for them to refund it in my account if ever they will refund it? Thank you 😊


----------



## vegemite20 (Dec 14, 2018)

MarkNortham said:


> Hi PrettyIsotonic -
> 
> Thanks for the note and kind words! We've noticed that over the last 6 months or so, for skilled visas DHA is taking a closer look at skilled employment claims including more verification visits (or calls) to current or former employers, etc. What's also new is that they are looking into employment that is used to meet the deeming period (ie, 2 years for some ACS candidates, etc) where the employment is considered skilled by the skills assessor, but cannot be counted for points because it's used to meet the minimum amount of skilled employment to meet the particular deeming period (to be deemed as "skilled") of the skills assessor. DHA clearly considers this skilled employment to be fair game for all verification checks, etc.
> 
> ...


Hey Mark,

For employment which was used to meet the skilled level, what is the level of documentation required? Will a recently dated reference letter and last two payslips be sufficient?

Also can you advise what I should I do if the address of the company has been changed? Payslips which are from 2015 have the old address while the reference letter has the new address? Should I write a declaration to address this?
Thanks Mark


----------



## Dan1990 (Nov 14, 2018)

Hi Mark, 

You are the best and always help immigrants with love.

I've lodged a 189 PR application while I was onshore and my spouse offshore, so only I was granted a bridging visa. I've been told it is not possible to grant a permanent residency if one application is offshore and the other onshore.

Here is what I've been told.

It is ok if;
Wife & husband are onshore 
Wife & husband are offshore

But there is a problem if ;

Wife is offshore & husband onshore or vice versa 

I was wondering if this is true, what should I do in this situation and how can I get around it. 

Thanks 

Much appreciated


----------



## TrongPhatle (Oct 5, 2015)

Hi Mark

i need your suggestion on what to do or i'm just too worry.

my wife is in Australia on the 25 November 2016 on Visa 309. Now it is 2 years already but i haven't got any ideas on how to get her visa 100. Do i have to wait for the letter from Visa department to submit documents? or i have to do something else?

Regards
Trong


----------



## bonjour88 (Dec 20, 2018)

*ENS / RSMS questions*

Hi Mark,

Thankyou for taking the time to respond to our questions!!

I am wondering, for a registered nurse looking to apply for ENS or RSMS direct entry, if I need to complete the IRON bridging course, does IRON have to be completed before you can apply for ENS / RSMS? Or can you complete it after lodging the application?

Also I have heard of some people who have completed the classroom part of IRON, but then unable to find a hospital to take them for the practical part of the course...paid the large course fees but unable to complete the whole course because of this. Have you seen this happen very often? Or would a sponsoring company usually provide this as part of the sponsorship?

Lastly, I heard about the changes early this year to the RSMS visa class, including that a high percentage of RSMS applications are being refused recently. It seemed like the changes mainly affect graduates without much work experience from what I have read. For someone with many years experience, and assuming no problems with getting evidence for the work experience, are many of this type of application being refused?

thank you!


----------



## Rizwan_Haider (Apr 20, 2018)

Hi Mark I m married with first cousin but separated but no official documents as proof as divorce is very hard because two close families are engaged who are defying it I’m in a relationship with an Australian permanent resident for last 6 years can you please guide what options do we have to apply partner visa please note we got engaged last March in Philippines in front of her family we have been in relationship for 4 years in Dubai and Abu Dhabi we have pics to prove but we were not living together as it’s unlawful for unmarried couples to live together. We can get married in Dubai as second marriage is allowed there if it would help.


----------



## shamtah (Aug 2, 2014)

Hi Mark,

Thank you very much.You have been always a great help.

Have a nice Christmas.

Shareef.



MarkNortham said:


> Hi Shamtah -
> 
> Thanks for the question. The bottom line is: no way to predict. With DHA trying to refuse people citizenship for multiple traffic offences, the idea of breaching an agreement with a state sponsorship authority is not so far-fetched as it might have seemed some years ago. I'm not aware of any attempts to refuse citizenship based on a breached state sponsorship agremeent (which is usually a civil agreement you make with the state vs any sort of condition on your visa), but that doesn't mean it hasn't or won't happen.
> 
> ...


----------



## Maria37 (Oct 23, 2018)

hi Mark,

Thanks so much for the opportunity to ask a question, you are very generous. 

I've seen some posts here about arriving in Australia on a 309 visa. Is it always the case that the last possible entry date is a year from the earliest date of medical/police check? 

My apologies if this is not an appropriate question, Mark.

Many thanks!


----------



## Abimbola (Dec 22, 2018)

Hello Mark, pls I applied for student visa subclass 500 on November 20, no response yet and status is still on 'received'. I recently realized that I had chosen higher education sector instead of post graduate research sector and I filled the form 1023 to correct that, could this be why my visa is being delayed, would my visa still be granted, how long more do you think I still need to wait? Does the status 'received' mean it is not being processed yet? I am to resume January 7, 2019, is this still possible? Pls assist with any valid information, I am so worried...pls respond timely


----------



## MarkNortham (Dec 19, 2012)

Hi Oopsinator -

Thanks for the note. While there are various data matching exercises between the immigration department and the ATO (Australia Taxation Office), I don't know of any sort of "track down cash employees" operations etc, but no way to know if there are such things happening or not.

My thought would be to simply declare the employment when asked on the application form (Form 80 and on any online form that is used) and then respond with any further information if/when asked.

Hope this helps -

Best,

Mark Northam



oopsinator said:


> Hi Mark, I have been with my partner for just over 4 years and we are applying for the partner visa soon.
> 
> There is one thing we are scared about. When they were in Australia on their work and travel year 3-4 years ago, they did cash in hand work. It was never a lot and below the taxable threshold of $18,000. Do you have any tips for broaching this? We have no idea what to do about it. We tried researching it and cannot find any helpful advice. Shall we just go with the approach honesty is the best policy and say it outright? Or just list those places they worked at and not say it was cash in hand and see if they ask about it?


----------



## MarkNortham (Dec 19, 2012)

Hi Rizaenaj -

Thanks for the note - normally you would need to lodge form 1424 (request for refund) and give details on the invalid application. If an application is assessed as invalid (vs refused, cancelled, etc), then normally DHA will pay the visa application fee back to the applicant since the application is not assessed. Typically refunds take anywhere between 3 and 8 weeks, but hard to predict processing time on those.

Hope this helps -

Best,

Mark Northam



rizaenaj said:


> Hi Mark!
> Im new here. I just want ask because I received an invalid application last Tuesday 18/12/2018 and on the email letter said it can be refunded which I did. How long will it take for them to refund it in my account if ever they will refund it? Thank you &#128522;


----------



## MarkNortham (Dec 19, 2012)

Hi Vegemite20 -

Normally DHA wants a reference letter with contact info for the writer plus pay slips for the entire period of employment. Sometimes they will settle for a sampling of payslips for the period, but that is a discretion of the case officer. You could include a note with the payslips describing the address change and providing any other evidence of the address change (ie, snapshots of the website of the company if that is shown there, etc).

Hope this helps -

Best,

Mark Northam



vegemite20 said:


> Hey Mark,
> 
> For employment which was used to meet the skilled level, what is the level of documentation required? Will a recently dated reference letter and last two payslips be sufficient?
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Dan1990 -

Thanks for the note and kind words! I don't know of a restriction where if the secondary applicant is offshore at the time of application, both applicants must be either both onshore or both offshore at the time of visa grant. The regulations for the subclass 189 visa say that "an applicant" (which means either the primary or a secondary applicant) for the visa can be onshore or offshore at the time of grant. Here's the specific policy from DHA PAM3 policy guidelines for this:

_"The primary or secondary applicant for a Subclass 189 visa may be in or outside Australia when the visa is granted, but not in immigration clearance."_

This is derived from the actual part of the regulations for the 189 visa:

*189.4 Circumstances applicable to grant

189.411 
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.*

So I think you may be getting some incorrect information re any sort of requirement that all applicants must be in the same place (onshore vs offshore) at the time of grant.

Hope this helps -

Best,

Mark Northam



Dan1990 said:


> Hi Mark,
> 
> You are the best and always help immigrants with love.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Trong -

The 2 years starts from the date of application for the 309 - once two years have passed, you would need to lodge the additional application/information for the subclass 100 permanent partner visa. Don't wait for DHA to send you a letter, they don't always do this and may not have your current contact info.

Applying for the subclass 100 visa includes lodging an online form, getting a statutory declaration from the sponsor on a form provided by DHA, and providing updated relationship evidence among other things - see https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/migrant-100 for more info.

Hope this helps -

Best,

Mark Northam



TrongPhatle said:


> Hi Mark
> 
> i need your suggestion on what to do or i'm just too worry.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Bonjour88 -

Thanks for the note. It's been some time since I assisted a nurse doing the IRON course, so I don't have up to date info on this - would suggest checking with the skills assessor to see where that fits into things, as normally that's the "hold-up" with this application type - that is, satisfying the skills assessor that everything is in place in order to complete the skills assessment process.

Re RSMS refusals, for the last 18 months or so they have been substantially increased. DHA announced early this year that of their backlog of RSMS applications, they believed that over 50% were "high risk" applications. Here's a news story we ran on this:
DHA: 186/187 High Fraud Risk, RSMS Refusal Rate 50%, ENS Refusal Rate 30% | Immigration Law News

What's interesting is that the refusals seemed to be focused on RSMS nominations, where nominations would be refused for the slightest paperwork issue (ie, most recent tax statement not included, etc) without any request to the agent or employer for updated documents. This has created a huge backlog at the AAT Tribunal for reviews which will affect review applications for the forseeable future until they catch up.

Hope this helps -

Best,

Mark Northam



bonjour88 said:


> Hi Mark,
> 
> Thankyou for taking the time to respond to our questions!!
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Rizwan -

Thanks for the note - you have a complex issue. Normally a "second marriage" - that is, getting married to a person while you are still legally married to another person, would not be a lawful marriage in Australia and as a result Australia would not accept that marriage as the basis for assessment as married partners for a partner visa application. The fact that the marriage is legal in Dubai may have some impact on that, but that's something that would require some research. The default position I expect would be assessment as de facto partners if Australia does not recognise a second marriage while still married to the previous partner.

Normally for couples claiming de facto partnership, if their religion does not allow them to live together prior to marriage, DHA will look to the other aspects of relationship evidence (social, financial, commitment) but that is a discretion of the case officer.

It may be that you choose to marry in Dubai if it is legal there, then live together for a time, then apply for an Australian partner visa based on de facto partners if Australia will not recognise the second marriage.

Also keep in mind that the sponsor as an Australian permanent resident will need to be "usually resident" in Australia in order to sponsor for a partner visa (however keep an eye on new legislation being released next year for any changes to this).

Happy to discuss all of this further in a consultation where we would have the time to get into the finer details of this - see my website below in my signature for details.

Hope this helps -

Best,

Mark Northam



Rizwan_Haider said:


> Hi Mark I m married with first cousin but separated but no official documents as proof as divorce is very hard because two close families are engaged who are defying it I'm in a relationship with an Australian permanent resident for last 6 years can you please guide what options do we have to apply partner visa please note we got engaged last March in Philippines in front of her family we have been in relationship for 4 years in Dubai and Abu Dhabi we have pics to prove but we were not living together as it's unlawful for unmarried couples to live together. We can get married in Dubai as second marriage is allowed there if it would help.


----------



## Dan1990 (Nov 14, 2018)

MarkNortham said:


> Hi Dan1990 -
> 
> Thanks for the note and kind words! I don't know of a restriction where if the secondary applicant is offshore at the time of application, both applicants must be either both onshore or both offshore at the time of visa grant. The regulations for the subclass 189 visa say that "an applicant" (which means either the primary or a secondary applicant) for the visa can be onshore or offshore at the time of grant. Here's the specific policy from DHA PAM3 policy guidelines for this:
> 
> ...


Hi Mark, 
Thank you so much for taking the time to get back to me. That's a relief! You are the best. Merry Xmas. Wish all the best for you and your family.


----------



## MarkNortham (Dec 19, 2012)

Hi Maria37 -

Thanks for the note - happy to help! Normally the must-enter-by date is set to the earliest expiration date of the police certificates or medical exam, however the case officer has some discretion to vary this.

Hope this helps -

Best,

Mark Northam



Maria37 said:


> hi Mark,
> 
> Thanks so much for the opportunity to ask a question, you are very generous.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Abimbola -

Wish there was something I could do, but all you can do is to keep in touch with them. We recommend applying for student visas 3 months in advance of the start date of the course (that's the maximum advance time you can lodge for) as DHA has large backlogs in their processing areas. My suggestion: be kind but persistent, and provide evidence of the last possible date you can arrive and still be included in the course.

Hope this helps -

Best,

Mark Northam



Abimbola said:


> Hello Mark, pls I applied for student visa subclass 500 on November 20, no response yet and status is still on 'received'. I recently realized that I had chosen higher education sector instead of post graduate research sector and I filled the form 1023 to correct that, could this be why my visa is being delayed, would my visa still be granted, how long more do you think I still need to wait? Does the status 'received' mean it is not being processed yet? I am to resume January 7, 2019, is this still possible? Pls assist with any valid information, I am so worried...pls respond timely


----------



## MarkNortham (Dec 19, 2012)

Hi Shareef -

Happy holidays to you as well! Glad I could help.

Best regards,

Mark Northam



shamtah said:


> Hi Mark,
> 
> Thank you very much.You have been always a great help.
> 
> ...


----------



## bonjour88 (Dec 20, 2018)

*ENS / RSMS questions*

Hi Mark,

I posted this earlier, but it somehow disappeared, not sure what happened to it 

I am wondering, for a registered nurse looking to apply for ENS or RSMS direct entry, if I need to complete the IRON bridging course, does IRON have to be completed before you can apply for ENS / RSMS? Or can you complete it after lodging the application (while waiting for visa to be processed)?

Also I have heard of some people who have completed the classroom part of IRON, but then unable to find a hospital to take them for the practical part of the course...paid the large course fees but unable to complete the whole course because of this. Have you seen this happen very often? Or would a sponsoring company usually provide this as part of the sponsorship?

Lastly, I heard about the changes early this year to the RSMS visa class, including that a high percentage of RSMS applications are being refused recently. It seemed like the changes mainly affect graduates without much work experience from what I have read. For someone with many years experience, and assuming no problems with getting evidence for the work experience, are many of this type of application being refused?

thank you!


----------



## MarkNortham (Dec 19, 2012)

Hi Bonjour88 -

Sorry for any confusion - there were 3 copies of the original post made, so I deleted 2 and answered the 3rd - you can find my response on the 3rd from the last post on page 5 of this thread, thanks.

Best regards,

Mark Northam



bonjour88 said:


> Hi Mark,
> 
> I posted this earlier, but it somehow disappeared, not sure what happened to it
> 
> ...


----------



## bonjour88 (Dec 20, 2018)

Hi Mark,

Thanks for responding so quickly. I have checked in page 5 but can't see your response there still. Is it hidden or something like that? Only visible to moderators? I remember when I first posted my questions it was accepted but did not appear in the thread afterwards, strange!

thank you



MarkNortham said:


> Hi Bonjour88 -
> 
> Sorry for any confusion - there were 3 copies of the original post made, so I deleted 2 and answered the 3rd - you can find my response on the 3rd from the last post on page 5 of this thread, thanks.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Bonjour88 -

Weird - I checked the post and can see it, but it doesn't have a sequential number for the thread. Shouldn't be moderator-only, but not sure. In any case, posting again below, thanks:

Hi Bonjour88 -

Thanks for the note. It's been some time since I assisted a nurse doing the IRON course, so I don't have up to date info on this - would suggest checking with the skills assessor to see where that fits into things, as normally that's the "hold-up" with this application type - that is, satisfying the skills assessor that everything is in place in order to complete the skills assessment process.

Re RSMS refusals, for the last 18 months or so they have been substantially increased. DHA announced early this year that of their backlog of RSMS applications, they believed that over 50% were "high risk" applications. Here's a news story we ran on this:
DHA: 186/187 High Fraud Risk, RSMS Refusal Rate 50%, ENS Refusal Rate 30% | Immigration Law News

What's interesting is that the refusals seemed to be focused on RSMS nominations, where nominations would be refused for the slightest paperwork issue (ie, most recent tax statement not included, etc) without any request to the agent or employer for updated documents. This has created a huge backlog at the AAT Tribunal for reviews which will affect review applications for the forseeable future until they catch up.

Hope this helps -

Best,

Mark Northam



bonjour88 said:


> Hi Mark,
> 
> Thanks for responding so quickly. I have checked in page 5 but can't see your response there still. Is it hidden or something like that? Only visible to moderators? I remember when I first posted my questions it was accepted but did not appear in the thread afterwards, strange!
> 
> thank you


----------



## Abimbola (Dec 22, 2018)

Dear Mark, thank you for the timely response but I would like to know if the form 1023 is considered enough to correct the education sector error and that my visa application cannot be rejected bcos of that. And pls, how do I get in touch with them and show evidence of my latest resumption date please. Can student visa still be approved after resumption date? Thanks, God bless you


----------



## Maria37 (Oct 23, 2018)

MarkNortham said:


> Hi Maria37 -
> 
> Thanks for the note - happy to help! Normally the must-enter-by date is set to the earliest expiration date of the police certificates or medical exam, however the case officer has some discretion to vary this.
> 
> ...


thank you Mark! Hope you enjoy the holiday!


----------



## MarkNortham (Dec 19, 2012)

Hi Maria37 -

You're welcome! Glad I could help. Best wishes for the holiday season.

And speaking of the holiday season, in a time of stressed out waits for visas (for applicants and their agents/lawyers alike!), we all have to find ways to de-stress. I do this by playing music (my former career was as a classically trained jazz pianist in the USA), so I thought I'd record a couple of holiday tunes for fun - for anyone in need of some holiday de-stressing, here's the link - hope you enjoy!

Music - MarkNortham

Best,

Mark



Maria37 said:


> thank you Mark! Hope you enjoy the holiday!


----------



## englishkoala (Oct 19, 2018)

Hi Mark, I think it's great that you are being so helpful! What better way to get exposure whilst giving people some helpful light to navigate them through a stressful time.

I was wondering, for the partner visas; the form 888 and other documents, how long do we have to upload all those things once we have paid the fee? Thanks!


----------



## MarkNortham (Dec 19, 2012)

Hi Englishkoala -

Great question! Just over a year ago DHA announced that "bare bones" applications - ie, applications with few of the required supporting documents, were subject to refusal 2 days after lodgment. Since then, people will lodge the bulk of their supporting documents with the initial application generally. At least 2 form 888s should be lodged right away, plus all of the usual ID documentation (passport, birth certificate, etc). You should lodge substantial relationship evidence for all 4 of the required categories (financial, social, household, commitment). There's generally no problem adding additional relationship evidence later on, but a good chunk of it should be uploaded at time of application, and don't forget to also do the online Sponsor application form (New Application / Family / Sponsor a partner...) soon after you lodge the main application form.

Hope this helps -

Best,

Mark Northam



englishkoala said:


> Hi Mark, I think it's great that you are being so helpful! What better way to get exposure whilst giving people some helpful light to navigate them through a stressful time.
> 
> I was wondering, for the partner visas; the form 888 and other documents, how long do we have to upload all those things once we have paid the fee? Thanks!


----------



## Maria37 (Oct 23, 2018)

Maria37 said:


> thank you Mark! Hope you enjoy the holiday!


hi again Mark,

I'm posting this question here because I don't seem to be able to start a new thread for some reason.

Does the 1 year expiration also apply to the sponsor's police clearances?

My husband worked in several other countries over the last 10 years, so getting police certificates is a bit of a slog, and we don't want to have to do it twice!

To clarify, it would be no problem if he had to get a 2nd certificate from the US, where we live now. It's the countries of previous residence we'd like to just do once.

Thank you very much Mark!

Maria


----------



## laurensvds (Dec 18, 2018)

Hi Mark, thanks for this! Quick question.

Me and my partner are planning on applying for the offshore defacto partner visa. I have read online that as soon as you are eligible (12 months living together) that you should submit your application as soon as possible and pay the fee, as the sooner you apply the sooner you are processed. We haven't compiled all our photos and proof of our relationship yet though which might take a while. Is it possible to apply and then add all the necessary documents/files to speed up the process?

Thanks in advance, Laurens


----------



## Truthfully247 (Apr 30, 2018)

MarkNortham said:


> Hi Maria37 -
> 
> You're welcome! Glad I could help. Best wishes for the holiday season.
> 
> ...


Hi Mark,

Thank you so much for sharing your music  Heres wishing you a joyous, fun, memorable Xmas with abundance of blessings for you and your family


----------



## SMS (Dec 28, 2018)

Hi Mark, 

My sister is profoundly deaf and non-verbal and has been married to a man from overseas since April 2015. 

They met online about 10 years ago while he was living in overseas. 

After they married they applied for a partner visa.

In October 2015 there was a domestic altercation which resulted in my sister filing an IVO. 

She left her husband after finding evidence that he had been unfaithful throughout their whole relationship. She also found evidence of a petition for marriage in the United states 1 year before he married her, and emails and phots of a daughter he has overseas, which he never told her about. 

However, he was soon able to persuade her into returning to their home and working on their marriage. 

My sister receives a disability pension from Centrelink, and he made her put him down as her dependent and the authority. 

They were granted a Partner Visa (Subclass 820) sometime in 2016 (unsure of how far they are into the 2 year waiting period). 

In November 2017, my sister moved back in with my mum as he had told her they needed to live apart until they could afford to live together again. When they lived apart she didn't know where he was living or who with. 

He continued to use my sisters disability pension to pay for his living expenses, such as his own rent, even though they were not living together leaving her with no money to live (luckily my mother could help her). 

They lived apart for 8 months. I finally notified immigration and advised they were not living together. 

I believe the department may have contacted him to confirm because soon after I notified immigration of them living apart he forced her to move back and sign a new lease for the same apartment they left. (I believe this may be the address they have down as their residence together on their visa application). 

They lived together for another 2 months, until my sister decided to leave him in November 2018 as she found him being unfaithful again. She is now living with my Mother and I and wants to stay separated from him. 

I told her she should withdraw her sponsorship, but she is too afraid to. 

She has told my mother she thinks she has a mental illness as she feels delusional when she confront him about his cheating because he makes her doubt herself, even though she has legitimate evidence to prove he has stepped out on the marriage any times. 


Due to my sisters deafness my sister does have some form of a communication disorder, in the sense that she is unable to comprehend language and she often struggles with understanding what a written document says, or what someone is trying to communicate to her. 

I know her husband is aware of this and is using it to his advantage to manipulate and control her. 

I have notified the immigration department of the recent separation, but is there anything further my family can do? 

Please help!


----------



## lryan1990 (Dec 29, 2018)

Hi Mark,

My girlfriend and I are about to apply for her partnership visa, while inside Australia. She is currently on a tourist visa, we recently checked the details of the visa on the VEVO system. It says the expiration date is September 2019, but she can only stay for 3 months at a time, so she currently has to leave in February, 

If we apply for her partnership visa now, will we be able to move her to a bridging visa at the end of this 3 month stay (Feb) or will she have to leave and return later in the year and wait until September?

Thanks,

Luke.


----------



## vtrrocha (Dec 28, 2018)

Dear Mark, 

I would like firstly to acknowledge your kindness in donating your time to clarify our doubts. This is very much appreciated! 

I have a general query while renewing a 500 student VISA: when the renewed VISA is granted the starting date of the following VISA starts right on or right after the substantive current VISA expire date?

I am currently employed (contract) and one of my worries is that if I have a renewed VISA granted weeks before my classes start (Masters) I would have a gap with no working rights. As the student VISA has a work limitation until the program starting date. 

Kind Regards, 
Vitor


----------



## Bimal (Jan 6, 2015)

*489 Visa query*

Hello Mark,

A very happy new year to you!

I have a question regarding visa 489 (family sponsored) for Contract Administrator (511111) occupation. I want to sponsor my younger brother under South Australia region but there is contradictory information on Home Affairs website, vis-a-vis the SA government site.

Home affairs site only marks this occupation as state sponsored 489 (S/T), and not family sponsored 489 (F). Whereas, the SA government site mentions it as available for family sponsored (link below). Could you please advise which one holds for the present?

migration.sa.gov.au/skilled-migrants/lists-of-state-nominated-occupations

Thanks in advance!

Kind Regards,


----------



## immihelp (Jan 5, 2018)

*Permanent Visa Process*

Hi Mark

My wife was approved last year for Temporary Resident/Visa 309 whilst in Singapore. It was effective 1/2/18. I understand its 2 years to then apply for permanent. What is the process here.

Do they contact us?
If no, how do we go about applying for it? is there a form or do we contact them to send out information

How long does the process take once applied for permanent?

and lastly, I believe there is no cost as it was paid within the original application, is that correct?

Thanks mark, I appreciate the great info, and help you supply to everyone on this site, its helps a lot, as hard to find on the Australian home affairs website


----------



## wesleybenson78 (Jan 3, 2019)

*Living overseas on 309 temporary partner visa*

Hi Mark!

I'm new to this forum and have a question regarding my wife's visa. She was granted her temporary partner visa(offshore) last October, and won't be eligible for her Permanent visa until Feb 2020, but we're not sure whether we can live together in Vietnam until she receives her Permanent visa? We understand the need for us to 'live together', but we might also need to consider living separately for periods of time this year, something we are desperately trying to avoid. 
I guess my question is, can we live together in Vietnam, and what are the requirements for living together?
Thanks


----------



## nnaorin19 (Dec 3, 2015)

Hi Mark, i intend to apply for Oz citizenship after 4 years of residence. I have recently moved to NT -3 months and most of my previous 5 years addresses are if nsw. Is that going to be any problem ? I have put nearest citizenship center as darwin. Thanks Nabila


----------



## 255458 (May 16, 2016)

Hi Mark,
I have a question about the 820/801 application process which I am hoping you/or someone else here, will be to help me out with.

I am planning to apply for this visa in a few months time and I would like to have some idea of the online page set up for when it is time to upload my documents. 

Will there be sections for my documents to be uploaded? E.g. A section for identity documents, a section for our statements, a section for finances, our household, social matters, etc?

Also, I know I am to upload more documents in the future, after I have applied for the visa, to show thst the relationship is continuing. Will there be space on the online application page for me to do this? Or will I need to be careful when I upload my documents to allow myself space to upload more in the future?

I also have some questions about Form 80. I have been having a look at it and I am uncertain about some of the questions. 

For Part C, Question 14, they ask if I have national identity documents or numbers. What exactly do they want here? I have a National Id card from my country, but do they also want my birth certificate, my passport, my overseas driver's licence, my aussie learner's permit, etc?

For Part D, Question 15, they ask if I have any email addresses and to list them all. Do you know why they ask for this information?

For Part H, Question 26, they ask for me to list the towns/cities I will visit during further stay in Australia. I do not know where I might travel in the future so I am unsure how to answer this. Of course I will travel in the future but as I have no immediate plans I really do not know how I can list destinations. 

Thank you!


----------



## nnaorin19 (Dec 3, 2015)

*address 5 years*

I am just wondering why the DIBP/Home affairs asks for last 5/10 years addresses? Is this for conducting police checks? Thanks Nabila


----------



## JustinF (Jan 4, 2019)

Hi Mark and happy new year.

I have a friend who's a Filipino national, 25 years old and wants to come to Australia on a tourist (600) visa for a while (3 months initially).

She has been working in Lebanon for the last 4 years on a valid working visa. She started work there in May 2015, returned to Philippines for a vacation for a couple of weeks in May 2017 before returning to Lebanon.

Her current passport expires in December but she's going to be renewing that shortly while still in Lebanon.

Do you see any issues with her obtaining a Tourist (600) visa for 3 months visit and travelling directly from Lebanon to Australia?

Many thanks for your, or anyone else's opinion on this.


----------



## nnaorin19 (Dec 3, 2015)

Hi Mark, happy new year! I have heard that the citizenship processing time in nsw has been 6 months now after Scott morrison came in power. Is that true? It seems too good to be true🙃


----------



## Vinee1 (Nov 11, 2018)

Hi Mark 
I am a nurse by profession and I have a query at this stage..When I applied for AHPRA decision letter I didn't submit my overseascomplete experience..Will it make any problem when i will submit for PR in Australia with my complete experience??Shortly I meant for is there any relation between AHPRA and Immigration during the Nurses PR processing?


----------



## NTAu (Jan 6, 2019)

*Visa 485: Documents for Parents/Siblings?*

Hi Mark,

I am applying for visa 485 for myself only. I understand that I need to fill in the information of my parents and siblings in the form 80..... *however, do I need to provide any documents to prove these relative relationships* (eg: marriage certificates of parents; birth certificates of siblings)?

Looking forward to your reply. Thanks in advance!

NTAu


----------



## miller0901 (Jul 14, 2018)

Hi Mark,
Happy new year to you.
I have a question:
In order to o apply for 309 offshore partner visa, you need to be in a de facto relationship - to "currently living together OR do not live apart on a permanent basis".

For those who are in a long distance relationship (not living together due to visa restrictions) with strong, solid evidence like me, are we eligible to apply for 309 offshore partner visa?

I've seen several similar cases in this forum. Their visas are being processed (not refused on the ground of " not living together).

I know PMV might be a safer route but I think that 309 is also very likely be granted in this circumstance?


----------



## olha_unhurian (Jan 6, 2019)

Hi Mark!

I’ve applied for Visa subclass 600 (sponsored family) in November. My aunt and uncle live in Australia, so they invited me to visit them during my holidays in the university. I’ve submitted the application, providing all necessary documents: photos of our family, invitation letter which included all plans for the trip, letter from my university, information about our property in Ukraine etc. On December 11th, I received immi s56 Request for more information. I was asked to provide my father’s birth certificate in order to show the relationship between me and my aunt. I sent translated certified copies 2 days later and I’m still waiting. However, I pointed at dates and duration of my holidays in university and they have already started.. I am wondering whether it affects the decision or not. I am waiting for more than 2 months and I am a little worried.
Thanks in advance,
Olha


----------



## Triangels (Aug 14, 2017)

Hi Dear Mark,
I am citizen of China and I am applying 485 early 2020 after my studies are completed. My husband (married one month ago) but have been in relationship for 3 years now with house contract, joint bank account is awaiting his AAT hearing on his refused protection 866 visa. Is that possible for him to withdraw this application, and go to China (I can get him spouse visa) and wait there for me to lodge our 485 visa together? Will there be any problem? I understand I need to be onshore for 485 to be granted and partner can join me. Or he needs to apply after I have been granted ? Will there be any issue considering he has been refused 866 visa ? Previously he had 2 student visas with completed studies. He is currently on bridging visa C since early 2017


----------



## lethao (Jan 8, 2019)

Hello Mark, hope you are well

I am lodging an online application for visa 485 and had a few questions on the online form

1. In the countries of residence section, it requires me to "Provide details of all countries in which you, your spouse/de facto partner or dependents (accompanying or not) have lived for 12 months or more", I do not have any dependents so I provided only my detail, but it shows an error message like this "The following errors have been encountered:1. At least one country of residence for each person over 16 is required"
and required me to provide all of my family members' residence details (the family members that I provide in the previous section of non-accompanying family members - father and mother). What should I do in this case?


2. When providing the residence information above, the system does not have anything such as "current date". I have been living in Australia for 2 years now and still living here, how do I input the date for this? The system does not accept today's date as well, so the latest date I can input is yesterday's date.
Also, the starting date that the system accepts is 1/1/2009 (which is 10 years from now as they required), but I have been living in my last residence since I was born till I moved to Australia 2 years ago, so do I still input the start date for this residence as 1/1/2009? This does not seem right. Could you please show me what I should do in these cases?

Thank you very much for your help!


----------



## eighelle (May 16, 2017)

Hi Mark! We applied and submitted all necessary documents for our partner visa last June 29, 2018. Until to date, we have not received any correspondence from immi and no case officer designated yet. I only submitted the applicant portion only. Does my husband (sponsor) needs to submit a separate sponsorship application? Thanks in advance! Blessed and happy new year to you!!


----------



## JohnnyBrutal (May 29, 2014)

Hi Mark

Hope you are well.

I'm on a bridging visa A but my bridging visa C with no work rights will activate on the 21st of January which is why i'm in the process of preparing my application to apply for work rights through form 1005, I had a few questions in regards to that, hope you're able to help out.

1. Is there any application fee?
2. How and where should I submit the application, is there an email i can send my application to or is there an office in Melbourne?
3. Ive been granted a Bridging Visa C because my 485 application is still in process, the reasoning ive given them is that im facing financial hardships due to withdrawing my student visa extension application and applying for 485, the need to continue working to afford rent/bills and paying off a few loans that i've taken, would that be enough?

Please let me know if applying for work rights will negatively affect my 485 application in any way.

Kind Regards


----------



## jpyszka (Jan 8, 2019)

*difference between visa 189 and 190*

Hi Mark,

I am skilled to apply for 190 where my husband can apply for 189 visa. Would you have any recommendation when comes to those 2 visas? What would be the main difference when comes to benefits of them ? what should we consider the most as a factor to have better chances to get it?

Thank you in advance for your answer.

189: Skilled Independent Visa
190: Skilled Nominated Visa


----------



## julius38sg (Dec 6, 2016)

Hi Mark

Just a quick question. I’m currently on a student visa now and doing a research course. The expiry date of my visa is sept 2021 but I will most likely end by June 2020 with the submission of my thesis. If I lodge an 820 visa by the end of the year with my partner and issued a BVA, there will be a gap between the expiry date of my student visa (and the start of the BVA)and the completion of my course.

Thanks Mark!


----------



## pegahk24 (Jan 10, 2019)

*820 Application Documentation Issue*

Hi Mark-

I started my 820 application process through Immi by selecting the application for Family then stage 1.

As I went through the 27 pages, I noticed that there wasn't a place for me to upload any additional documentation like Form 80 / 888, police check or pictures.

Wanted to know what exactly is the process of submitting information.

Like now that I have Stage 1 done, what happens after I submit?
Do I then complete Stage 2? And when do we submit the other supporting documents?

Thanks in advance!

Pegah


----------



## Krisjaneasi (Jan 12, 2019)

Hi Mark. I applied for student visa and PR since I got my invitation so I have 2 Bridging visas-A and C. I applied BVB on 10/1/19 since Im planning to go home for 2 weeks. However, 11/1/19, my student visa got denied on GTE grounds. Im not planning to appeal and happy to be on BVC after 35 days of BVA expiry But I still want to go home since my brother is getting married. Do you think my BVB will still be granted? I was trying to look the status of my application on Immiaccount but could no longer find it since the refusal of my student visa


----------



## foxdie222 (Jan 13, 2019)

Hi Mark. I am currently on post study work 485 visa which is due to expire next year. My partner is on student visa at the moment which is expiring in July. We recently got married overseas and are both staying in Australia. My Question is how do I get my partner as my spouse on my visa so that she can further stay until my visa expires. Also who would be the main applicant to file this visa and what would be the timeframe for the whole process considering my partner is on shore and holds a current student visa.


----------



## Wafflel (Apr 3, 2016)

Hi mark,.

In your experience, how common is it for a no further stay 8540 condition to be imposed on a work and holiday (first) subclass 462? 

I have a friend looking into coming for a working holiday, but he'd like to keep open the option of applying for further stays.


----------



## Dan1990 (Nov 14, 2018)

*485/189*

Greetings Mark,

Hope you are well. Thank you for providing valuable$$$ info and helping with love.

I am on a 485 visa and my wife (subsequent entrant) will arrive in Australia for the *first *time tomorrow.

I've also lodged our PR application (included wife) in Dec while I was onshore and my wife was offshore. As a result, only I was granted a BV (No BV for my wife).

The 485 Visa will expire on 10th April. Is there any ways to get a BV for my wife so she can stay here after the 485 expires.

Kind regards and many thanks,

Dan


----------



## laurenk (Dec 13, 2016)

*TRN on BVB form*

Hi Mark,

I'm on a BVA but need to travel, so i'm filling out my BVB form (my lawyer charges a lot of money so want to do it myself).
It asks for the TRN and file numbers of my 461 visa application. I can see my file number but unsure on the TRN. Please can you advise? Also, it asks where the application was lodged but i don't know as i had a lawyer do it. I know they applied via post.

Thanks in advance
Lauren


----------



## gobs93 (Mar 23, 2018)

*Student 500 - Dependent*

Hi Mark,

My student visa finishes in June 2019 but my girlfriends finishes on the 1st of February. We have been together since July 2017, so around a year and a half.

I stupidly didn't mention her when I applied for the initial visa back in early 2018, as it didn't even cross my mind that I would need to. I was just wondering what the chances of her getting the visa if she applies to go on mine?

We have proof of living together for 1 year+ (lease signed), we have bills that we have paid from the same flat, bank transfers, our relationship has been registered, a couple of holidays together, photos of us together and a post that she made in July 2018 saying happy anniversary.

Will this be enough to have the visa accepted? We only need her on mine for 5 months as we'll be leaving in June.

Any help/advice would be greatly appreciated!

Thanks alot,

gobs93


----------



## malamarta (Jan 15, 2019)

*Partner visa*

Hello Mark and everyone,

i would like to ask you something about partner visa. Meanwhile i will wait for my temporary partner visa to be processed, do i need to pay my own health insurance in Australia? Its little bit confusing on the official page so i am not sure what to do. Thank you for advice


----------



## Abimbola (Dec 22, 2018)

Hi Mark and everyone, I need a help urgently, I am currently in Nigeria and my husband is in Canada, my husband applied for student visa subclass 500 and added me as the secondary applicant from the onset(combined application) in November 2018, he received his grant notice on Jan 4 and same day I was sent a biometrics request letter because I am in Nigeria, I have since done the biometrics (Jan 7) and haven't heard anything since then. It's so frustration coz status on Immi account says 'finalized'. Shld I be worried? Does biometrics process take this long? Or did they just start my own application separately? Pls respond urgently. Thank you


----------



## Gelaaa (Sep 10, 2018)

Hi Mark! I lodged my PMV and currently waiting for decision. Also i got a Tourist visa approved. My question how am i going to inform the immi that i will be flying in Australia for example on May 2019?

Thanks!


----------



## Mohammed786 (Sep 7, 2017)

Hi Mark,

Hope you are doing well.I have a query with regards to PCC requirement for 189 visa.I have not stayed in my home country since birth and i am born and brought up in gulf country. I have only visited my home country during my vacations(like for 1 month something) when i was 16 and in last 10 years, I have just visited my home country for about 2 months cumulatively. Do i require to provide PCC from my home country also?

Thank You


----------



## Mdhafezi (Jan 16, 2019)

Dear mark;
I'd just like to appreciate you because of sharing you worthy information with us.
Thanks a lot.


----------



## riri22 (Nov 26, 2018)

Hi Mark!
I am a follower of this thread and been reading all the topics and your brilliant and helpful response.
I am currently a PR here in Australia. Me and my fiance from Philippines lodged our PMV 300 last 29th of Dec. We submitted all the documents that we prepared based from the checklist in the website. There are some things I am not sure about. My concerns are as follows:

1. Regarding with financial aspects, How can we provide the requirements to show we have shared accounts or properties, which we dont have because we dont live yet together as married couple. In our culture we need to get married first to live in together, from that time, then we will be able to start having joint accounts or if we will invest on a property under our names as spouses when we get married.. How can we make this clear in our requirements for prospective marriage visa?

2. Can we continue on uploading documents even we already lodged the papers?

3. With regards in the intention to live together as spouses after marriage, what proof you think we can provide? Because after marriage, My parents offered us to stay with them and not to worry on sharing with the rent to help us start with our married life and if the applicant has not yet to find a job once he got here. Would you mind if I ask for your help to think of a proof of our intention that we will live together as spouses after marriage?

Thank you very much Mark. Hoping for your response. Thank you.


----------



## riri22 (Nov 26, 2018)

Hi Mark, Thank you for sharing your time and knowledge to us.
Just to ask if you happen to know if Remaining relative is the right visa for our case. Me, my sister,my mom and my dad are living here in Australia as citizens already. We have a step brother who is 38yrs old and single in the Philippines. Can we be able to get him if we have a step brother and a step sister living in the Philippines who are all married and have their own family. That's why we would like to get our step brother who is the only one single in the Philippines. Is it possible? Thank you!


----------



## MarkNortham (Dec 19, 2012)

Hi Maria37 -

Thanks for the note and sorry for the delay - am catching up after the holidays!

Yes, the 12 month expiration time does apply to sponsor police checks as it applies to those lodged by applicants. Case officers have the discretion to extend the validity period of these on a case-by-case basis, however no good way to predict if they will choose to do that. There is also a discretion where if you can show that you have not entered a country since you originally provided a PCC cert (by submitting all pages of your passport(s), etc), case officers MAY waive the requirement to lodge another PCC If the current one expires.

Hope this helps -

Best,

Mark Northam



Maria37 said:


> hi again Mark,
> 
> I'm posting this question here because I don't seem to be able to start a new thread for some reason.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Laurensvds -

Thanks for the note. Beyond wanting to avoid any potential legislation changes (major new partner visa legislation was passed and we're awaiting the details currently) or application fee changes, there is no particular requirement that a partner visa be lodged as soon as possible after living together 12 months - in fact in some cases more living together time prior to lodgment can help overcome other weaknesses in relationship evidence, depending on the circumstances.

As for lodging an application and uploading documents later, this can be a dangerous option as DHA stated over a year ago that "bare bones" applications without the bulk of supporting evidence are liable for refusal after only a few days. We suggest including the majority of relationship evidence with the original lodgment keeping in mind that additional evidence that becomes available after lodgment can always be added to the application prior to decision date.

Hope this helps -

Best,

Mark Northam



laurensvds said:


> Hi Mark, thanks for this! Quick question.
> 
> Me and my partner are planning on applying for the offshore defacto partner visa. I have read online that as soon as you are eligible (12 months living together) that you should submit your application as soon as possible and pay the fee, as the sooner you apply the sooner you are processed. We haven't compiled all our photos and proof of our relationship yet though which might take a while. Is it possible to apply and then add all the necessary documents/files to speed up the process?
> 
> Thanks in advance, Laurens


----------



## MarkNortham (Dec 19, 2012)

Hi Truthfully247 -

Thanks so much for the kind words! Hope your holiday season was great.

Best regards,

Mark Northam



Truthfully247 said:


> Hi Mark,
> 
> Thank you so much for sharing your music  Heres wishing you a joyous, fun, memorable Xmas with abundance of blessings for you and your family


----------



## MarkNortham (Dec 19, 2012)

Hi SMS -

Thanks for the note, and very sorry to hear about this very unfortunate situation.

As far as an immigration perspective goes, it will ultimately be up to your sister to inform the immigration department (or confirm to them if they write to her, etc) whether the relationship remains intact or not with her partner. DHA certainly accepts evidence from third parties via their "dob-in" area, and acts on information it deems is credible.

Short of that, you may want to talk to a family lawyer about any sort of further action that could be taken - that's not my area of expertise so I wouldn't be able to comment on it, but it might be worth a call or consultation.

Best regards,

Mark Northam



SMS said:


> Hi Mark,
> 
> My sister is profoundly deaf and non-verbal and has been married to a man from overseas since April 2015.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Luke -

Thanks for the note. If an applicant holds a visitor visa and that visitor visa does not have a condition on it that limits further onshore applications (ie, condition 8503), then if the applicant lodges an onshore partner visa while the visitor visa still remains valid (ie, prior to any overstay, etc), the applicant will normally be granted a Bridging Visa A (BVA) with full work rights that will activate as soon as they "overstay" the current stay period of the visitor visa (ie, 3 months and 1 day), once the BVA activates, the applicant can remain in Australia indefinitely until a decision is made on their partner visa, and they are also generally eligible for Medicare while on shore (check with Medicare for more on this).

Where it gets a bit tricky is if the applicant remains onshore past the 3-month period, the BVA activates, then the applicant leaves Australia for a trip and returns to Australia all while the initial eligibility period of the visitor visa is still in effect. In this case, the applicant may not be granted a Bridging Visa B (although this is not always the case), and upon re-entry may essentially reactivate another 3 month stay on the visitor visa, after which they may need to apply for another BVA if the previous BVA ceased upon exit. The difficulty of this can be that the reactivation of the visitor visa causes a 3-month period in Australia after re-entry where the applicant has no work rights, and has to wait until the 3-month visitor visa period ends and they go onto their replacement BVA before work rights resume.

Important note: this is all highly dependent on your particular circumstances including the validity period of your visitor visa and other factors - not possible for me to predict exactly how your situation will occur, so you may want to get advice from an immigration lawyer or migration agent based on your specific circumstances.

Hope this helps -

Best,

Mark Northam



lryan1990 said:


> Hi Mark,
> 
> My girlfriend and I are about to apply for her partnership visa, while inside Australia. She is currently on a tourist visa, we recently checked the details of the visa on the VEVO system. It says the expiration date is September 2019, but she can only stay for 3 months at a time, so she currently has to leave in February,
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Vtrrocha -

Thanks for the note and kind words! Generally speaking, the grant of any non-bridging visa is made with immediate effect - for "substantive" visas - that is, visas that are NOT bridging visas, when a substantive visa is granted, it immediately replaces any substantive visa a person holds even if that previous visa has time remaining on it. In your case, as the student visa would generally not allow work between the grant date and the date the course commences, this could create a disruption in your work rights depending on the grant date of the new student visa and the commencement date of the new course.

Hope this helps -

Best,

Mark Northam



vtrrocha said:


> Dear Mark,
> 
> I would like firstly to acknowledge your kindness in donating your time to clarify our doubts. This is very much appreciated!
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Bimal -

Happy New year to you too! Your confusion I expect is because there are essentially 2 different types of family sponsorship in play here. SA has a "family" option for their STATE sponsored 489 visa where occupations on the SA supplementary list including occupations on the DHA short term occupations list may be eligible for a state sponsored 489 visa from SA.

The other "family sponsored" option is a family sponsored 489 (note no state sponsorship applies to this option) where you would receive an invitation directly from the immigration department based on your points, however this option is generally only available to occupations on the medium/long-term occupation list, and the number of invitations issued for these is extremely low (10 in the November SkillSelect invitation round) so it may not be a practical option for some.

Hope this helps -

Best,

Mark Northam



Bimal said:


> Hello Mark,
> 
> A very happy new year to you!
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Immihelp -

Thanks for the note. She is eligible to lodge a second-stage partner visa application 2 years after the original application date for the partner visa. This is done online via ImmiAccount, just create a New Application and choose second-stage partner visa application. No application fee currently for this, and they are estimating 19-26 months for processing - this may reflect the significantly higher degree of checking they seem to be doing on these as compared to a few years ago.

You do not need to wait for a notification to lodge this - you should lodge after the 2-year mark whether you receive a notification or not. The DHA web page for the subclass 100 visa has more info re requirements:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore/migrant-100

Hope this helps -

Best,

Mark Northam



immihelp said:


> Hi Mark
> 
> My wife was approved last year for Temporary Resident/Visa 309 whilst in Singapore. It was effective 1/2/18. I understand its 2 years to then apply for permanent. What is the process here.
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Wesleybenson78 -

Thanks for the note. There is no particular rule against living together outside Australia while holding the temporary partner visa. However, living together is considered an important indicator of a genuine relationship by DHA so the more, the better is a good general rule. Time living apart is certainly not fatal to a partner visa, unless the time apart is not temporary in nature, and/or if the time apart somehow indicates that the relationship has broken down etc.

Also keep in mind that if you (the sponsor) are not an Australian citizen but instead are an Australian permanent resident, living abroad for extended periods could create a problem with the requirement that partner visa sponsors who are Australian permanent residents must be "usually resident" in Australia in order to qualify to sponsor a partner for a partner visa for Australia.

Hope this helps -

Best,

Mark Northam



wesleybenson78 said:


> Hi Mark!
> 
> I'm new to this forum and have a question regarding my wife's visa. She was granted her temporary partner visa(offshore) last October, and won't be eligible for her Permanent visa until Feb 2020, but we're not sure whether we can live together in Vietnam until she receives her Permanent visa? We understand the need for us to 'live together', but we might also need to consider living separately for periods of time this year, something we are desperately trying to avoid.
> I guess my question is, can we live together in Vietnam, and what are the requirements for living together?
> Thanks


----------



## MarkNortham (Dec 19, 2012)

Hi Nnaorin19 -

Thanks for the note. There is no particular issue with living in different parts of Australia during your 4 year residency qualifying period - just make sure you check all of the residency period requirements re absences from Australia, that you were physically in Australia on the day exactly 4 years prior to the date you apply for citizenship, and any other requirements as shown on the citizenship website.

Hope this helps -

Best,

Mark Northam



nnaorin19 said:


> Hi Mark, i intend to apply for Oz citizenship after 4 years of residence. I have recently moved to NT -3 months and most of my previous 5 years addresses are if nsw. Is that going to be any problem ? I have put nearest citizenship center as darwin. Thanks Nabila


----------



## MarkNortham (Dec 19, 2012)

Hi Bariscan90 -

Thanks for the note - please see my responses below at ***:



bariscan90 said:


> Hi Mark,
> I have a question about the 820/801 application process which I am hoping you/or someone else here, will be to help me out with.
> 
> I am planning to apply for this visa in a few months time and I would like to have some idea of the online page set up for when it is time to upload my documents.
> ...


Hope this helps -

Best,

Mark Northam


----------



## MarkNortham (Dec 19, 2012)

Hi Nnaorin19 -

Yes. As police certificates are required from all countries you have spent a total of 12 months or more in during the last 10 years, the address history helps DHA confirm which countries you will need this document from. I expect that other various police and intelligence service checks may also rely on that info, but only a guess.

Hope this helps -

Best,

Mark Northam



nnaorin19 said:


> I am just wondering why the DIBP/Home affairs asks for last 5/10 years addresses? Is this for conducting police checks? Thanks Nabila


----------



## MarkNortham (Dec 19, 2012)

Hi JustinF -

Thanks for the note. Difficult to predict this sort of thing. Lebanon is considered a high-risk country, and the more time spent in high-risk countries could cause the risk profile of a visa applicant to increase - DHA doesn't publish this sort of info so it's difficult to know.

My suggestion is to ramp up the genuine temporary entrant evidence you include with the application to try and show as thoroughly as you can that the applicant has very strong ties to their home (or other) countries and that they have a very strong incentive NOT to overstay their visa in Australia.

Hope this helps -

Best,

Mark Northam



JustinF said:


> Hi Mark and happy new year.
> 
> I have a friend who's a Filipino national, 25 years old and wants to come to Australia on a tourist (600) visa for a while (3 months initially).
> 
> ...


----------



## MarkNortham (Dec 19, 2012)

Hi Nnaorin19 -

I have not heard of this sort of improvement, only that there is a massive backlog of citizenship applications currently in the system. Fingers crossed that citizenship processing times are coming down, because waiting years for this is simply ridiculous. The idea that "slow-walking" various types of visa and/or citizenship applications is a reasonable way to reduce immigration (as opposed to passing legislation to do so) is wrong and very unfair in my opinion.

Hope this helps -

Best,

Mark Northam



nnaorin19 said:


> Hi Mark, happy new year! I have heard that the citizenship processing time in nsw has been 6 months now after Scott morrison came in power. Is that true? It seems too good to be true&#128579;


----------



## MarkNortham (Dec 19, 2012)

Hi Vinee1 -

I don't know what AHPRA's rules are regarding this so best to check with them. Re DHA (immigration dept), I don't believe they as a normal course of processing a visa try to verify that all info on the visa application matches with all info on a skills assessment application. However, if DHA identifies information or documents as part of a visa application that they believe may be fraudulent or incorrect, they will sometimes check with the skills assessor to see if the same info has been submitted to the skills assessor, since the PIC 4020 regulations re bogus documents or incorrect information cover information presented to skills assessors as well as information presented to DHA.

Hope this helps -

Best,

Mark Northam



Vinee1 said:


> Hi Mark
> I am a nurse by profession and I have a query at this stage..When I applied for AHPRA decision letter I didn't submit my overseascomplete experience..Will it make any problem when i will submit for PR in Australia with my complete experience??Shortly I meant for is there any relation between AHPRA and Immigration during the Nurses PR processing?


----------



## MarkNortham (Dec 19, 2012)

Hi NTAu -

Thanks for the note. Short answer: no documents needed to prove relationship to your parents or siblings if you are applying for a 485 as the sole applicant and your parents or siblings are not financially dependent on you.

Best regards,

Mark Northam



NTAu said:


> Hi Mark,
> 
> I am applying for visa 485 for myself only. I understand that I need to fill in the information of my parents and siblings in the form 80..... *however, do I need to provide any documents to prove these relative relationships* (eg: marriage certificates of parents; birth certificates of siblings)?
> 
> ...


----------



## CookieMonster01 (Jan 20, 2019)

*Partner Visa - New Rules*

Hi, 
My partner and I are preparing our application for a Partner Visa. We are wondering if the new rules will commence within the next four weeks?

I am currently on a Working Holiday Visa, so we want to apply for the Partner Visa so I can stay in my current job (extend the 6 months rule). Obviously also so I can stay in Australia after the WH visa expires..

We are pretty stressed and we might have to just start applying tomorrow to make sure, but we would like to sort our evidence nicely and reference it properly.

Thanks for any replies and thanks for all the help through reading this forum.


----------



## AnxietyAttack9x (Jan 19, 2019)

N/A 

Hello sorry, my inquiry is no longer needed so I just need to delete this.


----------



## Maria37 (Oct 23, 2018)

thanks very much Mark, we so appreciate your assistance! Hope you had a wonderful holiday!

Maria



MarkNortham said:


> Hi Maria37 -
> 
> Thanks for the note and sorry for the delay - am catching up after the holidays!
> 
> ...


----------



## ladyenglish (Jan 21, 2019)

Hi Mark! 

Me and my husband are trying to start a new life in Australia. I got an invitation for the 190 visa. We are trying to comply the requirements for the visa. However l,my husband has been living in the USA illegally for 15 years . He came to the state legally for a year working visa ,but never left . I'm a legal resident in the USA. 
My question is, in the form 80 they ask about visa overstay,can we not mention that my husband has overstayed his visa ? We are afraid we will be denied Australian visa if we declared his status.

Also for work history and addresses we don't have the exact month's and dates , can we just provide the year ?


----------



## Mohammed786 (Sep 7, 2017)

*CO contact for PCC due to an error in Form 80 and 1221*

Hi Mark,

Hope you are doing well.I have received a request for PCC from UK and USA due to an error while filing form 80 and 1221. I have a degree from a University in london and i have mentioned the London address instead of their approved Tuition providers address in U.A.E. Similarly for U.S.A. also i have mentioned the main bodies name for my certification instead of self-study and institution's name. Now, CO is asking for PCC from this 2 countries which i have not visited. May i know how to deal with this issue?

Thank You


----------



## Renon (Jan 21, 2019)

*Working Rights (student to defacto visa)*

Hi Mark,

Just have an Urgent Enquiry , if anyone can help much appreciated .

My partner and i would like to apply for a De-Facto visa finished the application but have not yet submitted . As we have found information that states, that when we apply for the De Facto visa he will be put on a bridging visa that takes over the same rules as his previous Visa . His student visa doesn't finish until 20.10.2020 and when we apply for this De- facto visa does that mean working rights are the same? So he would have to continue studying and follow the working rights till he is granted the De-facto and offered a different Visa (BVA)

If the above is the case , could he change his student visa to a shorter course do it , then we could apply for the De-facto Visa ?

Any help of ideas would be much appreciated .


----------



## wanjeri (Feb 14, 2016)

Hi Mark,

Thank you for this thread. 

My husband's A Federal police clearance had traffic convictions like DUI's and I saw a bar fight kind of assault thing. None of which had jail time, just fines and such. I am worried though since I don't know if this could impact our application negatively. 

They all happened 11 years back and earlier than that, in his 20's...query, would this be a reason to deny us a 309/100 visa or a reason to ask for more documentation? 

Secondly, what kind of evidence would you recommend for a couple living apart?(we can only afford to visit each other once a year). He tried living here in Kenya 
2015 but it wasn't viable. We have no joint bank accounts, he couldn't open a savings with a foreigner in AU and neither could I with him in Kenya 😕. We've been together since 2014, have a 2yo girl (born in Kenya and has Australian citizenship july 2018). We were legally married from 2018 in Australia. Applied for a 309/100 in Sept 5th 2018 in Kenya, where I live and work with our 2yo. He is living and working in Adelaide.

Any comments, ideas or similar cases would be most helpful.
Grateful


----------



## Merc66 (Jan 22, 2019)

*Trying to delete this post*

My wife has recently obtained her Permanent Resident Visa


----------



## Pureplant20 (Jul 5, 2017)

Hi Mark,

Thanks for posting this thread.

My husband(Australian citizen) and I have lodged our 309 visa in June 2018. Just wondering if he moves to my country to live with me while we are waiting for our visa result, would his living overseas thing impact on the CO's decision on our visa application? Also, do we need to update his new information(such as home address/phone number etc.) with immigration via our Immi account?

Hope to hear from you soon. Much appreciated!Thank you.


----------



## indogirlinsydney (Jan 23, 2019)

Hi Mark, 

Happy New Year!
I am from Indonesia, and in 2016, I got tourist visa, valid for 3 years until 25 Oct 2019, length of stay for each visit is 3 months. 
So I plan to enter Australia 1st of March 2019 and apply for Partner Visa 820. I am married to Australian Citizen.
Just want to ask you, once I submit application, will I get BVA? And what's the starting date of BVA, is it on the day of my application, 1 June, or after 25 Oct? Will I be able to work by then?

Thank you so much!


----------



## Vzlan (Oct 25, 2018)

Hey Mark. Any idea how long are partner applications from Santiago, Chile taking? Or where could I find this information? Thanks!


----------



## SabH (Jan 24, 2019)

Hi Mark,

I'm currently on a 457 visa as secondary (partner) applicant but have lodged my own 482 visa (incl granted BVA which is not active yet because my 457 visa is still running).

What happens in the case that the 457 visa gets canceled because the main applicant decides not to work for that company anymore? Do you know if my bridging visa would be automatically activated as I already started a new visa application (482)?

I heard from one migration agent that if the 457 gets canceled my BVA (which is part of the 482 application) would be cancelled as well? That just doesn't make sense to me...as I thought the BVA is there to help me while the 482 is being processed. 

Thanks in advance.
S.


----------



## Tashaa (Jan 24, 2019)

Hello Mark 
May I ask you something. I would really appreciate your time 
I have granted 820 visa. Now i want to travel to see my father and I will travel with a passport that will expiry within 6 months. Since my stay in Serbia i want to get a new passport and come back with a new one. Do i need to buy a 1 way ticket from Australia to Serbia since with the new passport the number of it is changing? Or I can buy return ticket? And how long does it take for immigration to upload the visa online with the new passport ? Thank you
Kind Regards


----------



## TerraAustralis (Jan 24, 2019)

Hi Mark, I would need your advice please

I am currently in Australia on a 408 visa (temporary activity). 
With my Australian partner we are going to apply for a partner visa, but due to the long processing times I am expecting to get stuck on a BVA for quite a while. 
I'm assuming my BVA will have a work condition, to continue to be employed by my current sponsor. 

I am not sure going for the financial hardships option as of right now can be our case. 

The reason why I'd like the condition to be waived, is that my current sponsored job is 9 award drive away from where my partner is settled, also same location where we'd like to settle together. 

Technically I can't leave my job until I get a waiver which means I can't reunite with my partner until the partner visa gets approved, which could easily be 1.5 to 2 years from now. 

Additionally we'd like to have a kid next year but we wouldn't want to start the pregnancy being so far away. 

Any advice ??

Thank you, much appreciated


----------



## Pampi1127 (Jun 14, 2018)

Hello Mark! I'm currently waiting for my PMV application to be granted. I'm from the Philippines and my fiancé is a permanent resident of Australia (Filipino too). I lodged it on July 18, 2018. So, we've been waiting for 6 months now. 
My questions are:

1. Employment certificates as proof of my previous jobs, out of my 10 employers I can only provide 3. as the other companies have closed or is no longer existing. Would that be an issue? Should I write and submit a letter explaining it?

2. NOIM - should we submit it now? or should we wait for the pmv granted before we get an NOIM?

Hoping for your advice. Thank you. 🙂


----------



## wanjeri (Feb 14, 2016)

The idea that "slow-walking" various types of visa and/or citizenship applications is a reasonable way to reduce immigration (as opposed to passing legislation to do so) is wrong and very unfair in my opinion.

I agree on it being unfair and wrong. Just say yes or no, so life can move on. I have a child living without a father because it's too expensive for him to move here and I can't move there permanently. We want more kids but we're not ready for him to be an away dad. I'm sure I'm not the only one too, sadly.


----------



## tomd1993 (Jan 27, 2019)

Hi Mark,

I'm a 25 year old male from the UK with an Australian partner, we plan on applying for the offshore partner visa in August 2019 as we think we will satisfy all requirements by then.

My only problem is that i have polycystic kidney disease, this causes high blood pressure and i have been on medication for a few years to treat this. I have no kidney damage and probably wont have any problems for over 25 years even then it is not a certainty that my kidneys will fail.

Have you assisted anyone else with the same disease as me and have you had any positive/negative outcomes? I am quite worried this will be a reason for refusal.

I think its worth noting i am a qualified Electrician and Lift engineer (2 skills which are on the long term shortage list i believe) and this should strengthen my application?

I have to see my kidney specialist once a year for a blood test - the last one being 2 weeks ago which showed no sign of kidney damage.

Many thanks!


----------



## Teeny (Jan 27, 2019)

*820/801 - effects of workers compensation*

Hi Mark,

Thanks for all your great replies. I cannot find an answer to this question anywhere!!

I applied for 820/801 in September 2017 and was awarded the 820 in November 2018. I have been working full time for a company in a nationwide position since November 2017 and have recently been forced to take some time off with work-related anxiety and depression. The payroll guy has suggested compiling a claim for work cover. I know I am entitled to make the claim but will it affect the outcome of the 801 application/award? This is making me very nervous. Thanks in advance.


----------



## juloquirke (Jan 27, 2019)

I'm a teacher and looking togo to Australia to travel and work as a teacher in June. Whilst completing the 417 working holiday visa application, I've stumbled into a question that I am not quite sure how to answer.

"Do you, or any other person included in this application, intend to be in a classroom situation for more than 3 months (e.g. as either a student, teacher, lecturer, or observer) while in Australia?"

As a registered yet unemployed teacher, I would like to think that I will be able to find a job sometime this year. So originally, I ticked yes. On the next page there was an extended part called 'classroom situations'. 

"Classroom situations
Provide details where you intend to be in a classroom situation for more than three (3) months (e.g. as either a student, teacher, lecturer or observer) during your proposed stay in Australia.
Name Name of course Name of institution providing course Total course length for the duration of your stay (in weeks)"


I do not intend on completing any course to be in a classroom situation? I simply intend on working as a teacher? But as I am currently unemployed I don't know where I will happen to be working in the future...

Does this only apply to a course-based classroom situation? 

The question is not clear to me as it does mention a 'teacher' position... Yet that's not an option as you proceed further. 

Could someone please clarify... Thanks


----------



## Pascal1702 (Jan 27, 2019)

Hi Mark,

When is the best time to apply for a student visa?

My course starts on 15th July 2019 but i don’t want to apply neither too early nor too late

I am onshore and actually on a student visa (secondary applicant). My wife still has a few years to finish her studies, however, i would like to study something at the same time. COE has been granted already.

Thanks for your help


----------



## pilger23 (Jun 7, 2013)

*489 to 887*

Hi Mark,

I have got a few quick ones.

I am applying for 887, currently on 489 and have fulfilled both conditions.

- Once applied, am I going to go on bridging?
- After applying for 887 can I move (to work) in another state?
- After applying for 887 am I eligible to apply for Medicare?

Thanks.


----------



## Bethmeyzin (Jan 30, 2019)

*Sticky situation*

Hi Mark,

I'm currently on 417 visa and want to be added to partners 457 visa as I'm 11 weeks pregnant and my visa conditions are no dependents on the visa. I understand 457 visa does not exist anymore so how would I go about being added to it?

Thanks


----------



## gift (Dec 17, 2018)

*Partner visa 820*

Hi Mark,Hope your doing well. In 9th of Feb it will be one year since my partner and I have moved in together (we started our relationship 1.6 years ago). Can I apply for visa now as I'm worried about the new legislation, or I should wait until 9th of Feb and then apply (I have enough documents to prove 4 sections)?


----------



## ozmigration123 (May 9, 2017)

*Tourist Visa to 820*

Hi Mark,

Thank you for your post and for giving an opportunity to ask questions.

I have been recently approved a 6 months tourist visa. The only conditions are 8101 (no work) and 8201 (Maximum three months study). It's a single entry visa.

I am getting married next month in my home country. My soon to be the partner is an Australian Citizen. I intend to travel to Australia with him and I was wondering if I can apply for 820 visa in Australia?

Our intention is to get the marriage registered in Australia first and then apply for 820. I have read quite a few posts and I have documented all the evidence we will be needing for this application. If we lodge 820 in April 2019, does the 2year period date start from the date of lodgment or does it start when the bridging visa comes into effect?

Do you see any issues in me applying for 820 and any suggestions on my scenario would be most welcome.

Thanks Mark.


----------



## MarkNortham (Dec 19, 2012)

Hi Ozmigration123 -

Sorry for the delay in responding - just catching up here with all outstanding questions over the next day or so.

Re applying onshore, none of the conditions you mentioned would currently restrict you from lodging an onshore partner visa application if you met all the other requirements for the visa including having a marriage that is valid according to Australia law and suitable evidence of the underlying relationship among other requirements.

The new partner visa legislation passed in December may change that and require the sponsor to first apply for and be approved to sponsor you before you can lodge a partner visa application, but that's not clear at the moment as DHA has not released the specifics of the regulations and policy that will be used to implement the new legislation.

Re 2 year period, if you're referring to the time after which you can lodge further paperwork to continue the permanent part of the partner visa application, that begins at the date of lodgment for the original partner visa, even if the bridging visa for the partner visa does not activate until some weeks or months later when you "overstay" the stay period of the visitor visa which would cause the bridging visa to activate to allow you to remain in Australia until a decision is made on the partner visa.

Hope this helps -

Best,

Mark Northam



ozmigration123 said:


> Hi Mark,
> 
> Thank you for your post and for giving an opportunity to ask questions.
> 
> ...


----------



## ozmigration123 (May 9, 2017)

Thanks for your response Mark - much appreciated.

You mentioned having a marriage that is valid according to Australia law - what does that mean? If we don't register the marriage in Australia and apply it based on a Marriage certificate from the home country, wouldn't that be acceptable?

I read somewhere on Facebook that the new legislation requiring Sponsorship to be approved kicks in June 2019. Not sure, how true is that?

From immigration's point of view, Is it called "overstaying" tourist visa when the bridging visa kicks in? If it's called overstaying, isn't that bad especially if you are applying for a tourist visa to some countries where the questionnaire asks you about overstaying a visa.

If we need to travel overseas, I understand a different class of bridging need to be requested, does that impact the processing time of 820?

If any urgent event happens back home, can you travel without changing the bridging visa type? What if you leave the country to attend an emergency and then inform immigration. Do they judge this on a case by case?

Thanks for your help so far.



MarkNortham said:


> Hi Ozmigration123 -
> 
> Sorry for the delay in responding - just catching up here with all outstanding questions over the next day or so.
> 
> ...


----------



## wanjeri (Feb 14, 2016)

Hi Mark,

Thank you for this thread. 

My husband's A Federal police clearance had traffic convictions like DUI's and I saw a bar fight kind of assault thing. None of which had jail time, just fines and such. I am worried though since I don't know if this could impact our application negatively. 

They all happened 11 years back and earlier than that, in his 20's...query, would this be a reason to deny us a 309/100 visa or a reason to ask for more documentation? 

Secondly, what kind of evidence would you recommend for a couple living apart?(we can only afford to visit each other once a year). He tried living here in Kenya 
2015 but it wasn't viable. We have no joint bank accounts, he couldn't open a savings with a foreigner in AU and neither could I with him in Kenya 😕. We've been together since 2014, have a 2yo girl (born in Kenya and has Australian citizenship july 2018). We were legally married from 2018 in Australia. Applied for a 309/100 in Sept 5th 2018 in Kenya, where I live and work with our 2yo. He is living and working in Adelaide.

Any comments, ideas or similar cases would be most helpful.
Grateful


----------



## gift (Dec 17, 2018)

Hi Mark, Thanks for your response. I was wondering in Visa 820, should both partners write statuary declaration for 4 all aspects (total 8 Stat Dec), or one Stat Dec is enough for all for aspects from either applicant or sponsor point of view (total 4 Stat Dec)?


----------



## rakshith664 (Feb 3, 2019)

Hello,

I am looking to apply for TSS 482 visa. I have 2 years of work experience in Hardware Test Engineering occupation. 
I have an employer willing to sponsor for me. What would be the requirements and process for applying the visa?


----------



## MarCi (Oct 5, 2016)

Hello Mark,

I'm visiting my partner on a visitor visa 651 *without* No Further Stay condition and multiples entries for up to 3 months that ends in May.

We were living together in my home country, but he had to come back to Australia for work reasons and I couldn't follow him because of work and family issues. We've been apart for 8 months with continuous communication and multiples visits back and forth from both of us every 2 months.

I'm currently in Australia for 1 month, and we were thinking about lodging the application for 820/801 this time around. However, I have to go back to my country to finalise our lease, sign up work resignation, etc. and then come back to Australia for good before my visitor visa expires (May).

So my question is: given that my BVA wouldn't be activated at the time of leaving Australia and I would come back under the same visitor visa (651), would the BVA still kick in 3 months after my last entry? Or would I have to apply for a BVB before leaving? Or this can't be done and I'd have to wait the 3 months before being able to leave Australia (with a BVB)?

I hope I made myself clear as I know this question is a little complicated.

Thank you very much for this thread.


----------



## Matthew1986 (Nov 21, 2018)

Hi Mark,

Really appreciate the help you give on here.

My question; Is a Provisional order with victims services considered a debt to the Australian government? Will the large sum ($6000) affect the application of a sponsor?

I believe the offense wasn't significant enough to affect it, So I am mainly interested in the debt side of things.

Kind regards,
Matt


----------



## lankangal (Feb 1, 2019)

*Onshore or offshore?*

Hi Mark,

My husband is looking to apply for the offshore partner visa and also looking into submitting a visit visa (family sponsored stream). I understand that one option is to apply for a visit visa and then apply for onshore partner visa whilst staying in the country on a bridging visa till it is processed - what is the chance of success for a visit visa for someone from a high risk country such as Sri Lanka or is there a better chance of success if we apply for a visit visa AFTER submitting our partner visa application?


----------



## MFab (Jul 22, 2018)

Hello Mark,

I can only find the stat dec subclass 820 for me (sponsor) but not for my partner (applicant) in the DHA website. May you please advise me of any alternative form or template for my partner's stat dec?


----------



## Paul Om (Feb 8, 2019)

Hi Mark,

Seeking your opinion based on experience with student visas. 

I am an Australian citizen living in Australia with my new family. I also have a 21yo son from a past relationship living overseas. He studies at a college and I would like to support him further with a better degree from an Australian TAFE or Uni. 

The idea is to bring him over on a student visa. I will be covering all of his study costs / living expenses.

My concern is that his visa application could be refused due to the fact of his dad being Australian, and him suspected of not being a genuine temporary entrant.

Would our relationship create a serious risk of visa refusal?
Should I better be sending him off to study elsewhere - e.g. NZ or UK? 

Cheers
Paul


----------



## semsemdiab (Mar 20, 2018)

Hi Mark

Thanks a lot for the extremely informative thread; it's a great help.

My question is about the processing time for visa 190; I lodged the visa application in March 2018 and I got a contact for more documents in August. Since then there is no updates about my visa application that went beyond the processing time.

From your experience, is it normal to have such delay? I know that it can vary from case to another, but what are the most common reason(s) behind such delay? 

Regards,


----------



## bolanle053 (Jun 13, 2018)

Hello Mark,
Thanks for the good work here.
I applied for 408 subclass since September 2018 and yet to receive a grant. However, I am no more interested since its taking forever. 
I am planning to withdraw my application.
My question goes thus, will it (withdrawal) have any effect on my general skill migration visa?


----------



## sb4220 (Mar 18, 2018)

Hi Mark 
My financè and I have been patiently waiting for a decision on our prospective marriage visa for 19 months now... I am now 3 months pregnant and the stress of thinking this will drag out another 6 months and he will miss the birth of our baby is considerable. Is there any visa we can apply for or special circumstances that can be granted in the event that a decision is not made soon? 
We are waiting on his FBI check from the US to submit to our file (it was requested and filed in September 18. That should be the last info they need to make a decision. 
Any feedback will be appreciated!


----------



## arugulabed (Feb 9, 2019)

Hi Mark,

I've heard very mixed stories about how complete an application must be.

I have a complex situation for which I do not have all the required paperwork (divorces, non-migrating children from previous marriage). 
My visitor visa expires next month.

I am American, my partner is de facto and we have a 3 year old Australian citizen daughter. It would be very hard for us to leave Australia and re-settle somewhere else.

In your opinion, would I be better off submitting the visa without all the required documents, and updating them in the next few months? Or would I be better off trying to get an ETA or eVisitor visa to buy us some time in preparing the documents?

Thank you!!


----------



## lytt (Feb 10, 2019)

Hi Mark,

My partner and I applied for the partner visa about 2 years ago. After living together for 1.5 years she decided to break it off and go back to Japan. I have told the immigration department that we had a breakdown in our relationship and I'd like to withdraw my sponsorship.

However, after 6 months she decided to come back to Australia and we have been living together for a month now...We want to give this another shot...Recently she received an email asking her to comment within 28 days if she still wants to considered for the visa grant despite the breakdown in our relationship.

1) I want to know if it's possible to reverse my decision to withdraw my sponsorship and return back to being considered for the partner visa. 

2) I'm concerned about her visa status. Obviously she's not allowed to leave the country on a temporary partner visa without a bridging visa, but she did. So she's currently visitng on a tourist visa. Granted it's possible to retract my statement and be considered for the partner visa again, can she change from the tourist visa to the partner visa? How does this work?

Thanks for your help 

(I'm based in Melbourne btw)


----------



## Steven751 (Feb 11, 2019)

Hi mark hru as m waiting from almost 15 months offshore n this time immi asked to provide DNA report for paternity which we did with positive outcomes n just want to know wat would b there another step thx


----------



## mili (Feb 17, 2019)

Hi Mark

I read lot of you post and very impressed by your time and help on this forum

Can you please help me?

During my studies MBA, i got my NSW 190 EOI invitation on MPA and i filled my 190 Visa, as i already done medical with in last six months for student visa we don't need to update the medical during 190 visa application and we put ref number.

Now after one month filling of 190 visa application i got pregnant.

What is the best way we have to go forward.

As i have to pay my student fees which is very high i don't want extend the visa processing time due to pregnancy and i don't want to loose this.

- Do i have to inform straight away when CO assigned 
- can i included my child after i got my PR?
- will it be the cost after grant of visa to include child ?

Need your guidance best to get PR with without more cost / time involved

Regards
Mili


----------



## Diana Ay. (Feb 18, 2019)

*from 457 to 186*

Hi Mark,

Thanks for being available for inquiries! I'm on a 457 visa, sponsored by my employer and I was under the impression that after two years with the same employer (I complete 2 years this March) I can apply for a permanent 186 sponsored visa. When I went online to prep for it last week, all the info on the government website said 3 years!! Is that true? Any advice would be much appreciated...

Thanks,
Diana


----------



## EnggTech (Jul 8, 2017)

Hi Mark!

I have a bachelor's degree which doesn't match with my work experience so would I get any points for my bachelor's degree at all? I have 8+ years of overseas experience and 1 year of Australian Work experience for my present occupation.

I want to apply for General Skilled Migration 189 Visa.

Your suggestion will be highly appreciated!


Thank you


----------



## lillymur (Feb 19, 2019)

*309/100 offshore*

Hi Mark, 
I applied for the provisional partner visa on the basis of a 5 years + de facto relationship with my boyfriend (Australian citizen by birth). We are both currently living in the UK and have been since we met. 
I'm a little confused with regard to the information that we have to submit to the immi account.

Am I right in thinking it is: 
form 80
form 40sp
form 888 (from our Australian friends) 
and then evidence as listed on the immi account document page.

With regard to the sponsorships (my boyfriends) documents do things like his birth cert and passport have to be certified? Also does my passport have to be certified as well?

Finally there seems to be divided information on when you should apply for police checks - should we do this now (the current processing time is 14-19 months)? Also it says on my homepage to arrange health exams but I have been reading that these are only valid for a year - therefore should I wait a few months to do these?

Thanks for your help, 
Lilly


----------



## redriller (Feb 19, 2019)

Hi Mark,

I've applied partner visa 309/100 for my wife in Sep 2017. She was granted 309 in Aug 2018.
I have two questions:
1. When is the possible earliest day we can apply for visa 100?
2. Since my wife hasn't found a job in Australia and wants to continue with her job in our home country:
2.1. Can she travel overseas and work until visa 100 granted?
2.2. Must she stay in Australia until visa 100 granted?

Thanks for your help.

Minh


----------



## EnglishTea (Feb 20, 2019)

Hi Mark, 
I am glad I stumbled across your thread.
My partner is Australian and I am British, we are based in the UK. He has just been offered a role back in Oz so we are just investigating visa options for me. I think I understand that i can apply based on my partner being Australian but my question before I even look into which visa is around debt here in the UK... 
Would debt currently held through a debt management company have an impact on the visa application? Please note this is not CCJ debt or anything like that however does impact my credit score here in the UK.
We could pay it off in one lump if really needed to although would prefer to avoid that (as would borrow from family).
Any help, info or advise you could share would be greatly appreciated.

Many Thanks 
ET )couldn't resist)


----------



## ralph0403 (May 17, 2016)

Hi Mark
After a visa cancellation decision is set aside by AAT, how long does it normally take for the visa to be re-instated? 
If it takes longer than the average waiting time, what does this normally indicate? 

Thank you for your help.


----------



## FlyingSideburns (Feb 20, 2019)

Hi Mark! Hope all is well with you.

Is having an ETA a substantive enough visa to apply for the 485 PSW Visa? 

One of the requirements is for the inidivdual to have had held a 500 Student Visa in the six months prior to application of the 485 which I definitely have. My Student Visa expires on the 15th of March 2019!


----------



## Tillymint (Feb 19, 2019)

Hi Mark!

I am applying for the partner visa 820 and am currently working on stage 1 of the application. I have a question regarding the previous relationships section (page 20 of 27). 
Both my partner and I have had previous relationships. Mine being less than a year and we never lived together/committed to a shared life together. And he has had two, both over a year long, but again never living together or committing to a shared life together. 
We have not kept in contact with these people/exes for years. I am looking to know if these previous relationships need to be mentioned, or if the gov is looking to know if we've been in previous domestic/de facto relationships?
I don't want to lie and say I haven't been in a previous relationship. But I hardly find it worth mentioning.. I personally don't even remember the exes birthday or middle name, let alone the start and end date of our flaky on and off relationship!!

I am looking forward to hearing your advice! Thank you in advance for offering your help on this forum!


----------



## jasrodz (Jan 11, 2019)

Hi Mark,

Thank you for creating this thread. I have applied for my wife's 309/100 visa in Nov 2018. I received RFI in Jan 2019, this RFI was asking for all documents again which was already submitted during the application. I emailed them, but no response yet. 

Initially we applied for 309 when my wife was working in Dubai. So the application was being processed from Beirut office. Now my wife has quit her job and moved back to India, where she going to stay until her visa is approved. I have also changed her country of residence. So my question is would they transfer her application from Beirut office to New Delhi and would this create more delay. 

Our plan was for her to come to Australia in Jan 2020 if she was granted 309 by Dec 2019. Additionally, I would also like to know if it is possible to apply for a sponsored tourist visa while there is an existing 309 being processed if at all we are not granted by Dec 2019

Any help will be much appreciated. 

Thank you 

Any help


----------



## Kaffee (Aug 28, 2015)

Hi Mark

I have a question about Police checks and going overseas. I have applied for 801 (stage2) assessment at the end of last year so early days.

When I applied for 801 I uploaded a Police check I had got for employment purposes but now need to go to England for a few months and have applied for an up to date one for work purposes there. I chose the Immigration option on the application form and will upload when I receive it but it may take 3 weeks 

I intend to let Immi know of my trip and that I do not have a fixed date of return. 

Questions:
1) Will they let me know if they are about to make a decision so i can return like they would have for my 300 a few years back?
2) Should I be sure that I have my Police check before even booking my flight? I really need to go by mid March.
3) Flexible return flights are expensive. Any one know if it will be an issue if I buy a single with the intention of buying another single to return when i know what my return date is?

Thanks


----------



## DefectiveLadle (Jan 18, 2019)

Hi Mark

My partner and I are in the process of applying for an onshore partner visa for my partner.

With the supporting witness statements (Form 888), would there be any problems if I draft them myself for our friends and family and then get them to review and amend if required before signing? 

I really want to do it this way to make sure the statements contain accurate and detailed examples that also cover the breadth of information the Department of Home Affairs is after (i.e. financial, household, social and commitment). It also makes it easier for the supporting witnesses. Of course, the supporting witnesses would ultimately decide what they include. But I have a few friends who have gone through similar processes before that say supporting witness statements need to be in the supporting witness' own words. Is this true? Some of the people that have agreed to be our supporting witnesses have expressed concern if their statement is in my writing style (even if they agree the content is true), particularly those that don't have good writing skills.

Thanks in advance for your help!

DefectiveLadle


----------



## rahul12 (May 25, 2015)

hi mark,

needs an advice please help
my wife currently hold visitor visa and it doesn't have 8503 condition.
now she want to apply student visa to Australia (onshore) but problem is that her employer is not giving her off of more than 12-15 days.
i have two real sisters are Australian citizen, can they file onshore student visa on her behalf or she can come to Australia and file student visa but she have to go back in max 15 days as she will be fired and in no stage to loose the job.
she got 6.5 overall with no sub score less than 6.
she wants to apply masters in some college in regional area.
please help.
thanks


----------



## fkhan (Feb 25, 2019)

Hi Mark,
My student visa got rejected last year and is set aside by AAT since then.
last month I got the invite for 489 which I did applied by changing the BV to B and leaving Australia for 24 hours. Due to offshore application I did not the BV.

Just wondering if I can withdraw my AAT application and apply for BVE, am I going to get Work rights on BVE?
Thank you


----------



## KC24 (Feb 5, 2019)

*Paper Application - presentation*

Hi Mark

Bit of a random one but I'm getting ready to submit my 461 visa application which is a paper application and not sure how to organise my documents.

I read somewhere online (albeit in relation to a UK visa) that you shouldn't staple the documents or put them in a folder, as the immigration office will simply remove all this when we send it in. However, I'm conscious that we have 30+ documents to submit as part of my application and I want to make it as easy as possible for the person who (eventually!) reviews my application. I have a document index but this isn't all that useful if it's one big bundle of pages!

How do you organise supporting documents? If folders with dividers are a no-go, are coloured numbered sticky tabs acceptable to divide up the documents, with "supaclips" instead of staples/paperclips?

I know this is a minor point but I want to put my best foot forward so any hints/tips/advice appreciated!

Thanks


----------



## storm (Feb 28, 2019)

Hi Mark,

First off, thank you for being very helpful to all of us who needs some enlightenment about the tricky process of Australian immigration. I’m just new in this forum and just came across your page, and I can’t help but appreciate your kindness to help everyone in need of an advice. I’m sure everyone feels the same.

A few notes on my background. I’m a 190 holder and recently got married. I did my initial entry last year, and now planning to settle down in Australia for good anytime soon.

The thing is, I became a PR before we got married. And so, the only option I have to be with him is to sponsor him to a Partner Visa. I think applying for the onshore one (subclass 820) is much preferrable, so that we can be together while waiting for his grant.

My concerns are as follows:
1. When I do my permanent move to Australia, I’m planning to bring him with me and apply for his Partner Visa onshore. I will immediately look for work but that’s still considered unemployed until I secure one. Can we still lodge his application even if I’m unemployed by the time of lodgement?

2. He is currently holding a Tourist Visa issued October of last year. He will land Australia in a Tourist Visa when I move. But I heard BVA is automatically given after you lodge the 820 visa. When would he be converted to BVA then? I read somewhere that it will only take effect once the existing visa expires, which in this case is October 2019. But there is a 3 month rule for this Tourist Visa. Does this mean he has to leave Australia after the 3 months and fly back again to get the BVA activated? Or would it be converted automatically to BVA once the 3 months stay was fulfilled (though the tourist visa hasn’t expired)?

3. Could he possibly purchase a one way ticket to Australia since we are planning to lodge the PV once we land? We are thinking that Immigration might check the return flight.

4. Are the BVA conditions remain unchanged? Once he’s holding this, would he get the rights to work full-time in Australia?

5. There was a recent news that Partner Visa rules are changing again, which would impact the waiting time of grants... That sponsors have to apply first before the Applicant. How true is this? And if it is indeed true, do you have an idea how soon that is? Any specific date?

6. Does sublass 820 have any advantages and/or disadvantages? Compared to the 309 partner visa, is it much better?

7. If we apply under 309, since this is an offshore option, can we apply now, though I have not yet settled down in Australia?

Again, thank you so much Mark. Quite a handful of questions I have but I hope you can help us.

Kind Regards


----------



## Sandyw (Feb 24, 2019)

Hi Mark,

I am applying for a 820 visa - I will be on my Bridging Visa A from the 23rd March 2019. 

Will I able to go on a cruise departing on the 13th-23rd April without having to apply for a Bridging Visa B? (Cruise departs and returns to Sydney but stops in Vanuatu and New Caledonia). 

When I was on an eTourist visa a year ago I was advised that going on a cruise (same as above) would NOT count as me leaving the country (as with the eTourist visa I'd have to leave the country every 3 months). 

I would naturally assume that, since I was told that it does not count as leaving the country, I would NOT need to get a Bridging Visa B, but wanted to see what you have to say to be sure  

Thank you in advance.

Kind Regards,
Sandy


----------



## MRS-RG (Feb 13, 2019)

Hi Mark,

I am from Indonesia, currently I hold Partner Visa stage 1. 
My occupation is full time freelancer, I work online.
If my annual income does not reach the taxable limit, must my husband include me in his tax report? my husband and I have a prenup agreement that separates money management, if this might affect.

thank you for your answer


----------



## dori (Jul 24, 2016)

*Dependent*

Help Mark, I think I might have done something wrong.

Husband was granted temporary partner visa in March 2018. Daughter was born in Feb 2018. He is now eligible for the permanent partner visa and I've filled the form out and attached the documents. And now I'm panicking. I didn't list our daughter as a migrating dependent in the form because she is an Australian citizen so doesn't need a visa. Is this correct? Should I have listed her as a dependent? I listed her in the section 'Other Family Members Residing in Australia' and included her birth certificate in the attachments.

Also, does he now need a bridging visa to go on holiday? He didn't need one when he was on his temporary partner visa and still technically is, I think.

This visa stuff is so stressful! Only 21-27 months of stress to go!

Thank you so much for your help.


----------



## rach.palmer87 (Mar 6, 2019)

Hi Mark

We are applying for the partner visa with the bridging visa. 

My question is whether when we are answering the questions regarding the nature of the relationship and the timeline etc if the answers have to be very formal and with completely correct grammar or whether it is best to have it in our own words. My partner is french and his verbal english is very good but his written english is not very formal.


----------



## ahun (Mar 8, 2019)

Hi there, appreciate the help. Keeping the question short: can I lodge the application for the 820 visa with only a signed Notice of Intention of Marry? On page 18 only two options are given, de facto (don't want to confuse the system, we are going to marry and base the application on this) or married (cannot be future date).

It would gain more than two months for us, if I could lodge the application and submit the cert of marriage later. 

Thank you.


----------



## Kelly94 (Mar 8, 2019)

Hi Mark thank you for your great work on here.

I’ve recently applied for 600 sponsored family stream a 1418 visa for my partner who lives in Germany.
Now he has no legal status as of yet in Germany as he is an Syrian assylum seeker awaiting residency.

However he does hold a ID card and a German travel document.

In our application I have provided his travel passes as he does frequently travel around Europe, letter from employer as well as bank statements and work contracts.

Was there anything else I should provide to help strengthen our case. As we do fear that he is stateless this wouldn’t be strong enough evidence. 

If so how could I submit additional documents

We have applied for two weeks in April.


----------



## Liiza (Apr 14, 2017)

Hi Mark,
My question is in regards to Partner visa 820/801. We submitted in April 2017 and coming up to 2 yrs now since initial application. We have only receive one request and that was a AFP check for the sponsor in January 2018. We have not been granted the temporary visa yet and heard nothing at all. We have still been uploading evidence of our relationship of new lease agreement and notified of the birth of our son Feb 2018, photos of holidays etc etc. Should be contact Immigration to check up or just leave it?

Kind regards,
Liiza


----------



## ppnthn (Mar 10, 2019)

Hi Mark, 

I'm new to the forum but would really appreciate any advice you guys might have.

I'm getting married in May this year in India, and I want my bride to accompany me back to Australia and live with me here (of course).

Background:
I'm Australian citizen. Lived here for the last 10 years.
My fiance is from India, has a multiple entry tourist visa with last entry before Oct 2019. Only conditions are "No Work" (8101) and "Max 3 months study" (8201) - nothing else. 

Question: can I apply for the onshore partner visa when she comes here on her tourist visa after the wedding? Or as the wedding is offshore, must I apply for the offshore partner visa? 

Would really love some clarification from the experts - I've had many people tell me many different things 

Thanks!


----------



## CassieLita (Aug 17, 2015)

Hello Mark,

I only have a quick question. Would I be able to renew my NZ citizen family relationship (461) visa more than one time ? 

Cheers! Thank you for your work, appreciate it.
Cassie


----------



## CMcI39 (Mar 12, 2019)

*Skills Assessment*

Hi Mark,

I'm posting on behalf of my partner who is looking in to applying for a 189 visa under the Management Consultant thread, I myself am an Australian citizen.

1) How strict is the criteria for which a skills assessment will be accepted for this job title? She is working for a Big 4 accounting firm in their consultancy division; her tasks seemed to adhere to what is listed on the VETASSESS website, however feedback from other posts indicate it is quite hard for a positive result under this job title.

2) Were she to be granted a 189 visa for Management Consultant, would she have to stay in this particular field to continue working in Australia? What if she was offered a different position outside of this area?

3) Can you provide any domain knowledge on how strictly they will deem a degree "highly relevant"? She has a BSc in International Business and Economics, and a MSc in Financial Economics. I understand you can not say whether this will suffice or not, but your general feedback based on what you've experienced would be helpful.

4) She had 15 months of work experience at a company in their internal consulting division, the work she was doing is relevant to the consultancy work she provides now. Do you feel that this could be accepted when determining her Date Deemed Skilled?

I appreciate any advice you can give on this.

Regards


----------



## sebs (Jul 20, 2017)

*After aat win?*

Hi All

would anyone have any idea how long does it take for the visa grant (820) after the AAT remits back the application?

If anyone has been in the same situation?

many thanks
Sebs


----------



## kcrawfordgray (Mar 13, 2019)

Hi Mark - I am an Australian citizen with Permanent Resident Status. My husband is an American citizen. We have been married for 10 years and live in the US. What is the better option - apply for a spousal/partner visa from outside Australia or inside Australia? Is the visa review process any faster for people married for more than two years? Thanks in advance. KCrawfordGray


----------



## Ohey (Mar 18, 2019)

Hi Mark, 

My partner and I are applying for PMV, and I'd like to know if it's best to do the health check before applying or afterwards? 

Also, I have many receipts that myself and my partner have whilst travelling together but they are not in English should I translate all of them?

Many thanks


----------



## mayankkheterpal (Mar 13, 2019)

Hi Mark. Wanted to know if the condition for sponsor to be a usual resident of Australia would affect my spouse offshore application. I am Australian PR. After receiving the grant in December 2017, I validated my PR with initial entry in March 2018 and came back immediately to get married in Dec 2018. I am still in India. Wanted to know if anyone with same situation has been given grant.


----------



## yogascot (May 20, 2018)

*820 to 801 with more than 3 years de facto?*

Hi Mark

I applied for my partner visa on 23 May 2017 and was granted the 820 visa on 13 Nov 2018.

I had asked in my statement for the 801 to be considered at the same time, as my partner and I have been in a de facto relationship since October 2014. However this wasn't granted and no mention made of it, and since they seem to make it so difficult to contact a case officer (no direct contact details) I let it slide, thinking it was of no consequence.

I'm now in a position of looking for a new job, and finding that I am excluded from some (mostly government jobs) as they require permanent resident status. So I wondered if it is possible/advisable for me to ask again for the 801 to be considered on the grounds of 3+ years de facto? And if so how would I best go about that, as contacting anyone related to the case seems discouraged by the fact they don't provide a direct contact?

Thanks for your help in advance, this thread helps so many people through what can be a confusing and stressful process!

Take care,

Scott


----------



## iffikhan (Mar 19, 2019)

MarkNortham said:


> Hi All -
> 
> Thought I would start a new thread here for the new year (well, a few weeks early!) to answer questions given all the recent changes in migration law and policy, especially in the area of partner and fiance visas - an area I specialise in. In the last few months my business got quite busy, and I wasn't able to get to all the questions I wanted to from the previous thread - my apologies for the delay.
> 
> ...


Hello Sir, 
Hope you are well,
i m writing this letter that ex my husband is an Australian citizen, once i traveled in 2017 for a month, i had 309/100 partner visa, my ex husband came to Pakistan and divorced me without my knowledge he canceled my 309/100 visa, before cancellation of visa Australian Embassy never contacted me. i have been residing in Pakistan since the birth of baby girl. i want to come Australia and and get my daughter legal right.it is my humble submission please kindly guide me what is right thing to do for me and 9 month old baby girl. i am waiting for positive reply
kind regards
IffiKhan


----------



## Sincerelyyours (Mar 19, 2019)

I started my 189 visa processing in 2016 and went through some series of queries which I've replied and cleared so far, the last was a Natural Justice in June 2018 which I replied in July before the 28days expiration. With the current global processing time of 6 - 7 months, I expect to be reached by February 2019 but nothing yet. I need advice on what to do. Thanks.



MarkNortham said:


> Hi All -
> 
> Thought I would start a new thread here for the new year (well, a few weeks early!) to answer questions given all the recent changes in migration law and policy, especially in the area of partner and fiance visas - an area I specialise in. In the last few months my business got quite busy, and I wasn't able to get to all the questions I wanted to from the previous thread - my apologies for the delay.
> 
> ...


----------



## NeelNrj (Dec 6, 2014)

Hi Mark,

Thank you for taking time to help us folks out here. Really appreciate it .
My query is regarding converting TSS 482 visa to PR 189.
Me and My husband have been granted TSS 482 last month and my husband had started working in OZ for a month now . 

We were wondering if there are any obligations in converting our visa to PR 189 . I've heard people saying we need to be in this visa for at least 3 years and only apply then . I would really appreciate if you could help in clearing this dilemma for us .

Thanks in Advance .


----------



## Maya_ (Mar 18, 2019)

Hello Mark,

I hope this is an appropriate question to ask here; I'm applying for a student visa (500) and currently filling out the online form in ImmiAccount.

There is a question for health declarations that goes, "In the last five years, has any applicant visited, or lived, outside their country of passport, for more than 3 consecutive months? Do not include time spent in Australia."

For instance, if I travelled out of my country for 5 months and spent 3 months out of it in New Zealand and the rest in Australia, what information would I need to provide?

The question tells us not to include the time spent in Australia, but if I adding the details of the New Zealand trip alone doesn't look like it makes sense.

Thank you for your help!

Kind regards,
Maya


----------



## rajbhandari.bibek (Mar 27, 2019)

thanks alot for info


----------



## Krstn08 (Mar 27, 2019)

Hi Mark! Good day. My name is Kristina and my partner and I are currently on process with our 820 Partner visa which we lodged last October 2018. We received an email from the immigration about satisfying the Schedule 3. I was on BVA when we applied.

I'm just gonna share a brief history of our case. I met my partner online last January 2017. I arrived in Australia on a Tourist visa last Oct 2017. I met my partner in person back then but we live separately (I was in Syd and He in Vic).
I came here to Aus thru a family friend's help and she knows someone who needs employees for her Group home. That person was my previous sponsor and she was going to apply me to a RSMS 187 visa. I received my BVA after my Tourist visa ceased. Later on (Mar 2018), we discovered my sponsor was under investigation by the Immigration for fraud. At the same time, my sponsor was threatening me to drop the nomination if I don't work for her that time. I wasn't compensated for the 3 months I worked for her, so me and my fiancee planned to transition into Partner visa. By September lastyr, nominations under my previous 187 sponsor were refused. I was lucky not to get a refusal just yet so my fiancee and I hurriedly applied for the Partner's visa before I get it while I'm still on my BVA.
My fiancee and I relies on each so much. We both give each other the mental, psychological and emotional support that we need. Since we moved in together, I took care of him better and his mother (we live together with his elderly mom). I took over the housework which both of them cannot cope up. I help him eat better and move actively. My fiancee was depressed due to severe illness and back injury. I help him recover and still, gradually till today. He helps me get over my stress and worries, especially my time in Aus didn't quite went well on my 1st yr here.
My question is, would my case/story would be a sufficient compelling reason to satisfy the Schedule 3? Thank you Sir


----------



## jordon (Jan 23, 2018)

*Hey Mark*

Hey just wondering if you have knowledge of the process of claiming domestic violence visa grant on a bringing visa (partner)

Me and my ex split and she asked that i give her some time to work out where she would relocate to (outside of aus)

I gave her financial support and 2 months before i notified the department in December.

It is now March and after receiving messages from some of her friends warning me that she has "lost the plot" and plans to "ruin my life" etc I am worried the only way she could still be here was if she has falsely filed Dom Violence claims.

Will i be given a chance to rebuttal these claims or defend myself ? there is little information on the process / events that take place after something like this is claimed by a migrating partner in regard to how the sponsor (me) is treated/charged/questioned etc.

Any advice or knowledge is extremely appreciated. Thank you.


----------



## Amjadiqbal (Nov 3, 2018)

MarkNortham said:


> Hi All -
> 
> Thought I would start a new thread here for the new year (well, a few weeks early!) to answer questions given all the recent changes in migration law and policy, especially in the area of partner and fiance visas - an area I specialise in. In the last few months my business got quite busy, and I wasn't able to get to all the questions I wanted to from the previous thread - my apologies for the delay.
> 
> ...


Hi Mark.
Me and my partner had simple Wedding ceremony .there were only my family. My spouse Left after week we got married because of her University exam. We mentioned it application. She's ﻿﻿﻿﻿﻿Australia﻿ citizen by birth. As like we are Young couple only 18 years old. We met through via inter﻿net. We were in long distance relationship for two years before we got married. We have hotel bills and ﻿﻿﻿supporting﻿﻿ funds receipt. Statements from dad and brother my mother in law. Pictures of wedding ceremony and dinner pictures with family. Mar﻿ried certificate. Evidence of gifts we sent to each others. Statement of couple. This is all what we submitted now I'm worried about my case if it's enough or﻿ n﻿o﻿﻿t.﻿


----------



## Can2Aus (Aug 11, 2018)

Hi Mark,

I'm looking for some advice on applying for a Visitor Visa (600), while we have Partner Visa (309) in progress. 

Quick background: I am an Australian native and my husband is Canadian, we currently live in Canada. Been together 12 years and married for 9 years and have 2 kids, who are already Australian citizens. No previous marriages, criminal history or medical issues that would tie up approval for 309. 

We applied for 309 in early Sept, 2018 and we have set a date of Oct 15, 2019 to move to Australia. We need to set a date, primary because we are bringing our dog with us and the tests he needs to go through are very date specific. Another reason is that our eldest is due to start Prep in 2020 and we want to be 'settled' with some time to spare before she starts. 

My question is: If our 309 (or 100) hasn't come through by the end of Sept, 2019 we are going to have to apply for the visitor visa so my husband can come with us. Is this advisable? What are the chances of the 600 not being approved? And if he is denied, will this affect our 309? He has absolutely no intention to work during this time and is kind of looking forward to a holiday on the beach for a few months, but obviously it will be hard/impossible to prove that he intends to return to Canada. 

Thanks in advance


----------



## melissa07 (Jul 13, 2015)

*888 Stat Dec question (801 visa)*

Hi Mark,

For the Stat Decs (888) you need from witnesses again for the 801 Partner Visa, can you re-use the certified copy of their birth certificate / passport that they had done last time?

One of my witnesses said that the certified copy doesn't expire so I can just use it again, but I wanted to double check.

Thank you,
Melissa


----------



## Dankin (Mar 30, 2019)

Hi mark I hope u can help me to clarify my question 

How to apply a child subclass 445 for my child 
I do that online using my immi account ?
Or I have to apply in papers 
Thank you


----------



## frxsy28 (May 4, 2019)

Hi Mark! Do I need a job here in the PH to apply for a PMV my fiance is a permanent resident of Australia and currently working as a Chef, I was thinking of resigning on my current job to focus on the application of our visa. TIA


----------



## MarkNortham (Dec 19, 2012)

Hi Frxsy28 -

Thanks for the note - my workload has eased up a bit as we've hired some more staff so I'm back on the forum and will do my best to answer the backlog of questions while keeping up with new ones - hope everybody is doing well!

Re PMV visa, there is no income requirement or income test as part of applying for the PMV (as applicant). However, if you are looking at trying to get a visitor visa after you lodge the PMV, being employed can make a BIG difference in whether you'll be approved for a visitor visa, so it may be worth keeping the job for that reason depending on your plans.

Hope this helps -

Best,

Mark Northam



frxsy28 said:


> Hi Mark! Do I need a job here in the PH to apply for a PMV my fiance is a permanent resident of Australia and currently working as a Chef, I was thinking of resigning on my current job to focus on the application of our visa. TIA


----------



## frxsy28 (May 4, 2019)

Thank you for your response. My fiance and I had been together for almost 6yrs, would it be a problem if we don't have a formal engagement party because I've read in some cases their application on PMV has been declined.


----------



## HopalongJohn (Oct 22, 2018)

*Work Restriction-1005-Financial Hardship*

Hey Mark,

First i apologise if i am asking about subject recently covered elsewhere on this forum. I have also created similar thread in the forum, sorry if i am clogging up your thread but i wanted to pose my problem to an expert.

I have been granted BVA and have no work rights.

I have less than ten thousand dollars savings
I am living with family members and have few outgoings .
The outgoings i do have are :
telephone
gym membership
food bills
use of the family car ( upkeep i.e. fuel and maintenance).

There is no rent to speak as my family and I agreed i would pay rent and my share of household bills, aswell as reimbursing them for costs of hosting me, when i was working.

I am waiting onshore for a remaining relative visa and have a VERY long time left. From a previous, recent, reply you gave i see that financial hardship is concerned with my sponsors income (at least when concerned with partner visas - see reply to Emily J). As i understood it my sponsor has pledged to support me while i am awaiting the application (supposedly 50 years) and for some years after the application is granted. I am confused as to how i state that my sponsors income is therefore insufficient to support me and so i should be allowed to work.

I have curtailed my own spending as best i can but will be out of savings many many years before my application is dealt with.

Could you offer me some advice on how to tackle form 1005 in order to lift the work restriction or where i could look for tips.

Thanks in advance


----------



## GazJaz (Mar 4, 2018)

Hi mark 
Good day 
I have applied 309/100 with a dependent I am from Sri Lanka .my 309/100 processing in China Guangzhou. It’s been 15 months , case officer requested for few documents already submitted.

I am in Australia on a visitor visa with my daughter it will expire in July 2019. 

question is can I apply on shore visits visa while I am in Australia or extend my visitor visa ?
( I don’t have no further stay condition )

If yes when I should apply ? (it expires 13 July 
2019 )


----------



## sirenav (Apr 26, 2017)

Hi Mark! Thank you so much for this and supporting us all.

I was granted an 820 in July 2018, and my 801 application is due at the end of this month (2 years after I first applied). 

I was under the impression that it was a continuation of the first visa, and would only need to supply evidence of the continuation of our relationship. However, online, I had to create a new visa application and input all the details I've put in before, passports, identity, countries travelled etc. My question is, a lot of the information is the same and I'm not sure how much of my previous application I can recycle. For example:

- Passports and other identification (can I use the same copies signed by a JP that I uploaded last time? Would I need to redo this?)
- Statutory declarations from me and my partner (Do we need to rewrite and reiterate everything we said last time or only talk about changes/developments since we applied? Many things haven't changed in regards to the financial and commitment areas and while I can support evidence of their continuation can I recycle what I have written last time?)
- Do I need to redo the Australian Police check?

Thank you!!


----------



## Shiverzpr (May 8, 2019)

Dear Mark,

This forum seems super useful and I wanna share with you my story, as I have different ways of getting where I want (able to stay in australia for a few years) but I am unable to see clearly at present what my real options are.

I’m 30y old woman from Spain. I spent a year and a half in Sydney with a w&h visa followed by a student visa. When my student visa was over I came back to Spain to try and figure out how to go back.

I submitted an EOI for 189/190 (NSW) with 65/70 pts as a Registered Medical Nurse ay the end of February.

I also started a relationship with an Australian man and we have been dating for five months now.

My idea was to return to Australia in June/July on a student visa (6 months) so I’m onshore when/if I’m invited to apply to the Skilled Visa as this would give me a bridging visa and I would be able to stay with my partner.

Of course I might never get invited to the Skilled Visa as it really is impossible to know.

Our other option was that after six months Co-living + registering our relationship we would apply for the partner visa.

My issues are:

1) I read somewhere in this forum that my student visa might be denied if I have a current eoi in place as they might think I’m not a genuine student
2) is there any other way we are missing in getting there early and try to work out our life together? I am not interested in a tourist visa as I would like to work even if it is just 20 hrs a week while I am there. And we are also not interested in remaining apart any longer than a couple of months
3) am I even likely to get this skilled visa?

Thank you so much for your help!
Australia is a great country but they surely do not make it easy for immigrants


----------



## Mortbrad (Aug 30, 2018)

Hi Mark, and thanks for making this thread.

I'm working through the voluminous task now of getting all the documents together for my wife's 820 application and I'm struggling to get all the 888 forms in, I've asked 6 friends to do them and I'm reading inconsistent things about the dating of these. We've paid for the visa on 26th of April, and I don't have any of the forms back yet.

Is there a date that must be on these 888 forms? I read somewhere they have to be within 28 days of the Visa application date?


----------



## M&A (Mar 13, 2019)

Hi Mark,

Once immigration has given an applicant a 28 day deadline and it has passed (with all requested documents/biometrics/criminal checks uploaded), is there a requirement for the person reviewing your documents to rule? In the letter with the deadline, it was stated that they have the right to rule if I did not meet the deadline successfully.

Thanks.


----------



## pauly (Feb 26, 2012)

Hi Mark, 

My family has been approved 143 visa they must enter Australia by September 2019 I was wondering if it's possible to postpone the entry date by a couple of months?
As always thank you for your help!


----------



## laurensvds (Dec 18, 2018)

Hi Mark, my partner has applied for an offshore de-facto partner visa from Israel.
We were going to apply for a sponsored family stream visitor visa so we could travel to Australia for a while during processing, and was wondering if we could apply right away or if you recommend waiting a while before applying for the visitor visa?

Thanks in advance, Laurens


----------



## Ragnar23 (May 15, 2019)

Immigration
I have applied for 187 rsms visa I have got my nomination I have done all the police checks and my medical is also cleared but my spouse medical didn’t clear as she came hepatitis b positive .how would it affect my visa or what are the consequences or options. What should I do so that nothing happens to my permanent residency moreover I have been separated from my spouse over a year taking that into account what are the best options so I get my permanent residency without any problems


----------



## Sam1993 (May 15, 2019)

*I applied for student visa extension insetead of going for partner visa*

My student visa was about to expire in April i recently married Australian girl. I could not complete my studies because i failed in two subjects. Now as my visa was about to expire i had two choices 1 to go for student visa extension. 2. To go with partner visa. As our marriage was new we decided to go for student visa extension. I applied for student visa last month i am waiting for my visa where as other friends who applied on same time have got their visas extended. What are my options in future if it goes the other way?


----------



## halfglassfull (May 18, 2019)

*Student visa to partner visa*

Hi Mark,

I would like to seek for your expert advice here. I am currently holding student visa expiring in March 2020. The course that i am studying now is ending In July 2019 and i don't intend to continue as i am applying for Partner Visa in June 2019. What is my best visa option? Do i need to notify DIBP that i am not continuing to study? With that, can i stay onshore legally until my bridging visa is approved? Thank you.


----------



## Shalinimishra (Feb 11, 2019)

Hi Mark,
Could you please help me with a query. I am currently on 489 visa working full time for about 1.5 years and will complete my 2 years in August 2019. My partner is on dependant visa. When applying for 887 visa do I need to include my partner in the application for PR. He is a doctor and wants to go through his employer sponsorship visa process later. Can I apply my PR visa without my partner?
Thanks 
Shalini


----------



## Australiaherewecome! (Jan 4, 2018)

*Uploading evidence slots*

Hi Mark,

Once a Partner Visa application has been lodged and the evidence is being uploaded after, are some of the slots (I believe it is now 100)? meant to be kept free to upload the sponsors evidence and for regular evidence to be submitted once the application has been lodged?

Also, should any new passport details be mentioned to the immi account after lodgement, even if its the sponsor?

With regards to the sponsor apllication, does it have to be lodged immediately after the partner visa lodgement and is it as complex and lengthy as the partner visa? Can the evidence for the partner visa be used for the sponsor visa, like personal statements etc...Many thanks Mark for taking the time to read my thread.

With kindest regards.


----------



## ashie4ya (May 6, 2016)

Partner Visa Temporary

My husband applied for the onshore partner visa on the 5th of December 2017. On February they asked for further details on the 26th of February 2018 for myself as the sponsor. They asked for a police check. We uploaded this that following week. 
We have not heard anything ever since 26th of Feburary 2018. It has been 15 months and still waiting. We have uploaded recent statements of our ongoing relationship. What is the next step after waiting? Do they grant permanent with the temp? I read so much and I am overwhelmed with everything I read. What more could we do. We hear that some people are getting granted permanent partner visas and they have not waited this long. I would just like some insight. 

Regards,
Ash


----------



## Sagaleena (May 18, 2018)

Hi Mark, we have applied for PMV 300 and they have asked for medical examination for his non migrating daughter however she is residing in a country where there no approved pane physicians. What can we do? Is there an exemption request we can do as she is not traveling with him? 

Thanks in Advance!


----------



## Jassy (May 15, 2017)

Hi my husband is from the uk applied for the partner visa in June 2017 he has been granted 820 visa in May. We know we have to submit new evidence all over again and it ask for sponsor to do stat dec on the form supplied but should my husband do a stat dec as well? Is there a form for him or should just write a statement?

Thank you


----------



## Nusrat Faria Khan (May 18, 2019)

I lives in Bangladesh ,, my husband lives in Australia , i want to know a question, my husband is now staying Australia,he is now carrying subclass 866,he is arrived to Australia on 2010 at cristmas island by boat,last year i went to Australia by visiting visa by my relatives and that time we will got married, now can he(my husband) sponsor for a partner visa for me?My question is----My husband arrival record is cristmas island, is there any problem or obligations of my husband to give sponsorship for partner visa?he is now staying Australia by permanent protection visa subclass 866, .I find that page from a website, there is explained that, which people are arrived australia by boat they have to wait a long long time for partner visa process & some time It will not work,is it true? . I have checked with RACS (Refugee Advice Centre) and they say there are significant delays for Partner visa applications where the sponsor is the holder of a Subclass 866 visa and has arrived by boat. This delay is eliminated though where the 866 visa holder becomes an Australian Citizen. See below https://www.racs.org.au/ my main question is only for that reason can i never go to Australia for join with my husband? I have a child together,I'm eagerly waiting for your valuable reply,thank you so much.


----------



## Tjb1993 (Jun 28, 2018)

Hi Mark,

Thanks for taking the time to answer our questions. I really appreciate it.

My partner is from Zimbabwe, however he overstayed his visa and worked in South Africa for 3 years, before finally applying for asylum which he was granted. We have been upfront about this from the beginning and uploaded evidence and statements regarding this. I am wondering if this could effect the outcome of our PMV and how we should tackle this issue?

We applied for the PMV in June 2018, and last month he was asked to attend a face to face interview in June this year. Is this a requirement for Zimbabwean citizens due to it being a high risk country? Or do you think they are questioning the genuineness of our relationship? I was visiting him in Africa and asked if they wanted me at the interview and explained I could extend my trip, however they stated just the applicant should attend. Is this normal?

Do you have any tips for preparing for the interview? And how long after the interview is a decision generally made? It’s so nice to have progress, but very daunting at the same time. 

Thanks so much for your time, 
TJ 😊


----------



## Evolution02 (May 9, 2017)

No need anymore


----------



## stevenjg (Dec 14, 2018)

*Ability to travel after PMV granted*

Hi Mark. 
My partner and I are looking at making application for PMV later this year or early next year. 
Her mother is elderly and we would like to know if there are any restrictions on her travelling home to visit her mother/family after PMV is granted. 
Regards Stevenjg thanks


----------



## Gerrywins (Jan 13, 2012)

Hi Mark. Just prepping documents for my citizenship interview and realised I don’t have an utilities under my name but the car registration certificate is. I am also a registered health practitioner and have correspondence from AHPRA with my address on it. Would these two suffice?

Kind Regards


----------



## sponge_bob (Jun 4, 2019)

*Police clearance submission for citizenship*

Hi Mark,

I have a question regarding Police Clearance certificate required for citizenship. 
As per the homeaffairs website, I would be required to provide a police clearance certificate from any country I had visited and stayed over for 90 days continuously.

In my case, I travelled to my home country and was living there for over 90 days within the period of 4 years since I've arrived in Australia under PR.
Police clearance certificates are generally valid for 6 months.

My question is, should I provide the police certificate when I lodge the citizenship application or should I wait until the department requests one from me. The reason is because the whole citizenship process takes appx 16-19 months, the police certificate would expire almost as soon as I submit it .

Hope to hear from you or anyone else who can provide me with some insight.

Cheers
Bob


----------



## RG123 (Apr 27, 2019)

lankangal said:


> Hi Mark,
> 
> My husband is looking to apply for the offshore partner visa and also looking into submitting a visit visa (family sponsored stream). I understand that one option is to apply for a visit visa and then apply for onshore partner visa whilst staying in the country on a bridging visa till it is processed - what is the chance of success for a visit visa for someone from a high risk country such as Sri Lanka or is there a better chance of success if we apply for a visit visa AFTER submitting our partner visa application?


Hi did u apply for the 309 visa from sri lanka ?


----------



## Jul.17 (Jul 11, 2018)

Hi Mark, 
My application, 309/100, waiting turns to 24 months , do you think, is it normal! Or something going wrong, 
2 months back i got called to sign for statutory declaration, since gone quite. 
Thanks for your time in advance


----------



## Angy (Mar 23, 2019)

Hi Mark, myself and my partner are currently trying to save up the funds for PMV fee. He returned to Zimbabwe in December 2018 and cannot find work. I am living here in Australia and relying on centrelink while I am at home taking care of our 6months old son.

Centrelink are telling me I need to apply for child support in order to get enough payments from them to cover all my living expenses. 

If I apply for child support from my partner will that have any affect on our future PMV application? 

Thank you for any advice you can provide. ☺


----------



## h.harry71 (Sep 26, 2018)

Jul.17 said:


> Hi Mark,
> My application, 309/100, waiting turns to 24 months , do you think, is it normal! Or something going wrong,
> 2 months back i got called to sign for statutory declaration, since gone quite.
> Thanks for your time in advance


Hi there
I have been waiting for 23.5 months now..


----------



## OzDreamer01 (Jun 17, 2019)

Hi Mark! How are you?

I have a question regarding my visa application:

I will be submitting my working visa application (visa 482) very soon. I am worried because I was diagnosed with tb through my xray in 2015. I immediately went to a pulmonologist and he gave me appropriate medications. I finished them for 6 mos. After that, every year I am having my xray to check if there are any changes. The scar is still present in my Right Lung. 

Since I am preparing now for the visa application I made the ff steps:

1. I asked my previous doctor who prescribed me with tb meds for a medical certificate to certify that I completed my meds with the dates. 
2. I also performed sputum smears x 3 and culture (still waiting for results)
3. Gathered all my previous xrays since 2015 to 2019

Will there be a chance that they will still need to have me subjected to sputum smears and cultures when they found my tb scar?

Are there any additional documentation to prove them that Im free from Tb?

Will My visa still be granted?

Please give me advice on what additional documents should I need to prepare? And how long will it take before I can get my working visa? 

Thank you!


----------



## vik-per (May 27, 2019)

Hi Mark,
Firstly thank you for this thread.
I know you must be very busy!
I do have a question for you and if you can enlighten me on this I would be so grateful.
My fiance is from Nigeria and we are about to lodge our PMV application. If it was lodged in another country, does the country's processing time advantage help irrespective of the applicants nationality from a high risk country? Or are we best to just lodge via Pretoria?
Thanking you in advance .


----------



## margmul (Jun 6, 2019)

Hi Mark. Thank you for this service you offer on here.
I’ll try to make this short 🙂. I’m an Aussie citizen with 4 Aussie kids - 3 of those moved to the US with me in 2013 after I fell in love with, and married my US hubby. We married in Australia. The plan was always that we would move back to Australia around now - after my husband qualified for his IPERS and our youngest graduated school. One daughter has already moved back, one son is staying in America and we now need to help our youngest make the move back ASAP so she can settle before a new school year begins - in case she’d like to attend further education and also just so she can get settled into a job and be back with family again etc. we applied for my husbands partner visa in March and haven’t heard anything. We feel the best thing to do is for me to move with my daughter in October, after another daughters wedding here in the US in October, which will also allow me to get settled in a job and regular Aussie income and be on the lookout for a home etc. We are working on this , however it means we’re going to be leaving my husband in the US till he gets his approval. According to the website that could be an extra 7-10 months- which obviously is awful. I have uploaded a statement explaining all this so I’m wondering if you happen to know what their policy is- do they look at our info regularly to see our updates? 
Will the fact that we have to separate go against us? Are we allowed to go without him? and do you have any suggestions on what we can do to help them see how desperate we are to avoid a long separation. We really want to do what’s best for our daughter, as our kids made such a huge sacrifice for us to be together. 
Thank you for any advice you can offer.


----------



## Liam111 (Jun 15, 2019)

Hi Mark. It's great work you're doing and much appreciated!
Quick question I'm Irish and applying for an 820. We have been defacto since Nov 2017 (18months) but in this time have been separated for 9 months due to my work commitments. We have evidence that we stayed in contact through Facebook messenger.
Do you think this may be an issue due to the length of separation?
Many Thanks!


----------



## Ibrahimghaffar (Jun 30, 2019)

Hi, 

I have been recommended to talk to you by a friend because I’m in a complicated situation regarding my visa and need some expert advice, 

I’m planning to apply for a partner visa soon, I was on student visa and applied for extension which was refused 2 days ago, 
I have a few questions to how i should proceed now with my Appeal and Partner Visa

1. I want to go ahead with my appeal and apply for partner visa onshore in august, 
In this case does schedule 3 criteria apply to me ? 

2. My partner had sponsor someone in past and he got his 820 approved but after that the marriage fall apart and she withdraw the sponsor before 801 was issued. This application was made in August 2014
Does this mean i will have to wait till August 2019 before she can sponsor me in terms of 5 years limit ? 

3. As much as i have checked i’ve come along this another option to use that I apply for appeal and while waiting for my hearing i go overseas on BVB and apply partner visa offshore to eliminate schedule 3 criteria from my application. 

4. Also if i apply for appeal how long does it normally takes before its finalised ? Because my course finishes in October 2020 anyway. 
If i don’t get a hearing till then what happens next? 

Last question, if i apply for a offshore visa is it possible that someone in australia (agent) prepare my file and i go offshore and he lodge it ? 

Thanks
Ibrahim


----------



## EvaM (Oct 31, 2018)

Hi Mark. I wanted to ask if there have been recent changes in relation to 461 visa, I noticed wording on the home affairs website states that to be eligible for a new 461 visa you have to be married to the 444 visa holder. Up until about a month ago the wording was different, it said on the home affairs website that one is still eligible for a new 461 even if the relationship with 444 holder broke down. in my case it did and I have just applied for a renewal but am not sure if I am eligible now. I have Court Orders from Family Court of Australia ordering me to be a primary care giver to my children and to have them raised in Australia so I am a bit concerned I may end up being kicked out and seperated from the children. Any advice?


----------



## Lexilex (Feb 20, 2019)

Hi Mark,

I’m trying to assess if I would be eligible for the 189 visa (NZ stream). 

I was resident in Australia in February 2016 and had been living there for 5+ years.

I then left to work in the the U.K. for 2 years before returning. After another 5 years of continuous living and meeting requirements of income, can I still apply? 

Thank you in advance for your help!


----------



## Emily j (Jan 17, 2018)

*Tax on a bridging visa*

Hi Mark, I hope you are well. I am currently on a BVB relating to my 820 application with no work conditions. Im from the UK but have been living in Australia with my partner and daughter since sept 2018. I was wondering if I have to still do my taxes for Australia as I havent worked? I do have property in the UK but made a loss and my partner only works part time. Many thanks


----------



## MarkNortham (Dec 19, 2012)

Hi Emily -

Wish I could help but I don't work in the area of tax law - only immigration law - sorry.

Best,

Mark



Emily j said:


> Hi Mark, I hope you are well. I am currently on a BVB relating to my 820 application with no work conditions. Im from the UK but have been living in Australia with my partner and daughter since sept 2018. I was wondering if I have to still do my taxes for Australia as I havent worked? I do have property in the UK but made a loss and my partner only works part time. Many thanks


----------



## Emily j (Jan 17, 2018)

MarkNortham said:


> Hi Emily -
> 
> Wish I could help but I don't work in the area of tax law - only immigration law - sorry.
> 
> ...


Aw, thanks anyway Mark, I will speak with ATO.


----------



## Michelle.Muller1997 (Jun 25, 2018)

Hi Mark,

I have a question with regards to travelling overseas while on a 309 visa. My partner is currently on a 309 visa and we have planned a trip to Bali. Is there anything in terms of visa that we might need in order to leave and re-enter Australia?


----------



## maskii2018 (Jun 10, 2018)

*need guidance!!!*

Hi Mark,

My situation is a bit complicated and I hope you will guide me.

I got accepted to a 9 month course (Mar 2020-Nov 2020) in Australia and I will be soon applying for my student visa (subclass 573). I am in a long distance relationship with a guy in Australia, who is from my country and moved there 1.5 years ago. We got involved with each other a few months back and talk via whatsapp and phone calls. I have been friends with him for a number of years and we have always liked each other but the timing was always off for us to have gotten involved earlier.
I decided i will go to Australia so that I could meet him and be able to date him physically and make my decision if I want to marry him as he and I are completely into each other but he lives there and I here.
So I applied for a course thinking this way I can kill two birds with one stone, spend time with the guy and also get to study the course I want to. I really really like him and if things go great between us once I'm there I would like to marry him and stay in Australia. What do you think are my options?

I don't want to apply for a PMV as it will take very long to come and my course starts in March 2020 which is much sooner, which means I get to see him sooner as well. Once i get there I will be staying with him in his apartment.

My question is will i be eligible to apply for an onshore partner visa 6 to 7 months into dating him in Australia while on student visa? My course ends in November 2020 so I can apply then too and our physical time spent together then will be 9 months plus around 6 months of long distance relationship.

Will I also have to be living with him for a year or is being in a relationship for a year enough for the onshore partner visa?

Most importantly do you think I can apply for a partner visa by then? If not what do you suggest how to go about it in a way that I don't have to come back if I want to marry him (which will most probably be the case)

Forgot to mention I am from an AL3 country.

Thanks and Regards

Mehvash


----------



## misi2019 (Aug 9, 2019)

Hi Mark, im a citizen and my husband is currently on bridging visa. We have applied partner visa and received pic 4020 as my husband has provided incorrect information in his previous visa which he was granted within 12 months we apply for our partner visa. we have provided our responses to admit his mistake and provided compelling reasons (emotional and financial) and character references, however they still refused his visa application and we received letter to decide if we want to appeal within 21 days.

Could you please advise what can we do? 
is getting pregnant the only choice? and if im pregnant what is the chance to have my husband to be granted visa?

Thank you! 

Cathy


----------



## WA_Wannabe (Mar 18, 2019)

Hi Mark,

How do I look up past Global Processing times for Partner Visas?


----------



## MrsButterfly (Sep 1, 2019)

Hi Mark, 

I'm a little confused about the sponsorship requirements for the partner visa........ I can't seem to find any info on how my husband would actually apply to be approved to sponsor me?


----------



## baldur (Aug 27, 2017)

Hi Mark,

Could you please help me?

My partner has got 485 visa and it is for 4 years and expires in 2022. I am in australia too. Can she include me as a subsequent entrant in her visa? The thing is when she got her 485 visa, we didnt know each other so she didnt mention me obviously in her application. Can she now possibly include me in her current visa?


----------



## Mphaze (Sep 6, 2019)

*Natural justice Letter-Citizenship*

Hi Mark

Applied for my citizenship June 2018 and received appointment letter July 2019, managed to change date and had my appointment early August 2019. Wrote and passed test. Three weeks later received a natural justice letter relating to a conviction for common assault (DV) for an isolated incident in Dec 2009. For the assault I Underwent a good behaviour bond and AVO for 18months and that expired Nov 2011. Very regrettable incident but it still haunts me to this day. What are my chances with successful proving of good character based on current processing? Does a refusal affect my PR status? What is best way to respond to immigration? Help


----------



## anil321098 (Sep 6, 2019)

Hi Mark I applied a visa( Subsequent entrant. 485 visa) for my wife I got acknowledgement letter on 21st May. On July 16 they requested me Police Clearence I attached in IMMI Account then in Aug 16th they requested me to attach Police Clearence from Regional Passport office from India but I supplied the Police Clearence not from the regional passport office later next day I forwarded the Police Clearence form Regional Passport office but till now they haven’t approved Visa. It’s almost 3 and half months? May I know when they approve? On IMMI Account the processing time shows that 83 days to 5Months. 

Thanks


----------



## Questions (Sep 7, 2019)

Hi, 

I’m a Romanian citizen currently working in the UK, where my partner and I live. My partner is an Australian citizen and we are looking into visa options to move to Australia in the next year. 

If I enter Australia on an eVisitor visa (subclass 651) without condition 8503 attached to it, can I apply from Australia for a Partner Visa (820/801) while on my eVisitor visa? If I make the application before the first 3 months of stay in Australia ends, when will I receive the bridging visa? 

Lastly, are there any updates about the changes in the Partner Visa regarding the Visa Sponsorship application having to be submitted prior to the visa application form? If the Visa Sponsorship application has to go in first, can this be submitted before we get to Australia? Or this would mean I will have to make an off-shore application for the partner visa? 

Thank you in advance for your reply.


----------



## Riz12345 (Aug 24, 2019)

Hello,

My student visa was refused on the basis on not providing adequate health insurance evidence, so i have applied for MRT on 19 July 2019 and submitted health insurance evidence to MRT on 13 August 2019 upon their request, now i’m on BVA, and my COE is cancelled by institute on 7 Aug 2019 due to non commencement of studies. 

Now I have received an invite to apply for 489 visa and I have until 20 Oct 2019 to apply. On the other hand aat asked to provide valid and current coe with hearing invitation. 

Is it safe to travel overseas on bvb to apply for 489 visa ? Or It can be problem on the way back as my first coe has been cancelled which was used initially to apply for student visa.

Your response/comments will be highly appreciated.


----------



## sarasee0219 (Feb 20, 2019)

Hi mark 

Hope you are doing well and thank you for your time. The place of birth of my passport is different than my birth cert. it was stated as the suburb I’m living. Do I need to re-issue a new passport for that because it is a big hassle to go through applying a new passport. It takes few months to get the passport. Currently applying for a 309 partner visa. 

Second question is asking for a friend. Will overstay be a reason for immi to decline the offshore partner visa? Thanks.


----------



## Stephito (Sep 8, 2019)

Hi Mark, im looking for some help for Vistors Visa 600 for my Fiancee. He lives in Morocco, and up untill now i have been visitng every couple of months. I want him to visit me here in Australia and hoping to apply for multi entry. The reason being is in janurary is my brothers engagement party and they my mums surprise birthday in feburary, and then in June my brothers wedding.He is studying back in Morocco and he has savings and family back home. Can i please get your advice on documents he needs to apply please?


----------



## Manya (Aug 24, 2019)

*489 Bound to a region?*

Hi Mark, 
Thanks for your lovely service to this forum! Appreciate it.

I wonder if its possible to search for a job in other regions around Australia in case one is not able to find a job in the state that sponsored you. To be clear- in case I am on a 489 for NT but unable to find a job for 6 months, can I tell the NT Govt. that I cannot find a job here and I would like to apply and migrate to other regions- say NSW?

Would be great to have a response from you, 
Regards
M


----------



## pullae81 (Feb 15, 2019)

Hello Mark, 
I’m in a defacto partner and my partner is on a BVC awaits tribunal review since last year January. We both have separated from from our partners and not yet divorce 2 yrs of living together I’m an Australian I wanted to applied for my partner BVC change my condition for work rights. He’s lawyer has told us not to apply for it since he got in trouble with the law and plead guilty in the case 
My question is at this point is there any thing I could do to save his visa 
Thank you


----------



## T.G (Apr 14, 2019)

Hello.
Recently i got my PMV
I am planning to apply visitor visa for my parents to come for my wedding in Australia..
Do i have to be in Australia when i apply for them.
Or it's ok to be in my country when i apply for them
?!


----------



## Vijaysandy (Apr 29, 2019)

Hi GUYS 
I HAVE applied partner visa 820/801 in 2017 June haven't heard anything police check ,health check has been submitted 
Regularly we uploading photos ,bills ,healthy relationship record but time frame is over now given timeframe was 27 months but now 29 th month anyone have clue please share thanks


----------



## Vijaysandy (Apr 29, 2019)

Hi Mark I have applied partner visa 820/801
In june2017 still waiting health and police check has been submitted, regularly photo Bill etc uploaded .this is 30th month don't now why takes too much time I am from india my partner Indian background but Australia citizen 
We have very very old relationship.


----------



## Majarimando (Dec 11, 2019)

Hi Mark! 

Hi! I am currently on student visa which will expire on May 2020. I am currently enrolled in packaged courses until January 2022. But we plan to lodge partner visa before my student visa expires.. my questions are:
1. I have been told bridging visa A will mimick the previous visa, but is it still the case if my student visa will be expired? 
2. What will be the conditions of bridging visa A if my previous visa is expired? 
3. Do I still have to finish my courses even if I’m on bridging visa? 
Thank you for your help


----------



## Ruplam (Dec 10, 2019)

*Statement regarding relationship with my girlfriend.*

Hi Mark,
I had applied for the 489 visa and have been asked by the CO to provide a statement regarding the nature of our commitment to each other. 
I do not live or share accommodation with my girlfriend, but have been in a relationship for 2 years. 
In Form80 part Q, I wrote down my girlfriend's details as the question asked whether I have a partner, which includes girlfriend. I also ticked 'No' to the question asking if she's migrating with me or not? Therefore, I'm a bit confused as to what I should write and whether I need to provide any evidence relating to this matter.
Any kind of advice would be really appreciated.
Thanks.


----------



## Louisa (Dec 12, 2019)

Hi Mark, 

I am currently collating evidence before applying for a 820 in a 4+ year relationship. 

Do you have any more specific advise on what I could include? I am specifically looking for things that I may have missed out or things I can build onto more that could be helpful in my application. I’m thinking the more thorough info I can supply the better. 

So far I have gathered:

• Images in timeline format (social in both home countries, both our family & personal images) • Invites/cards/letters addressed to both of us • Bank statements from our shared account • Evidence of renting together • 4+ year history of messages between each other • 888 forms from 5+ family and friends (all Australian) • Documentation of travel together since 2016 stating dates & names • Timeline of photos from social media (Instagram screenshots with specific images picked out to show the date image was posted) • Air BnB reviews stating both of us staying at a property. 

Thanks for your time, 

Louisa


----------



## Alex154 (Dec 12, 2019)

Hi mark
I applied for citizenship in 2015 and sit test feb 2016
My visa was cancelled april 2019 and application for citizenship refused same day
Aat decision set aside immi in November 2019
Applied for citizenship on dec 2019
Any idea how new application will be treated .or any similar experience
Thanks
Regards


----------



## bzzup93 (Nov 22, 2019)

Hi Mark 
i applied for PMV-300 visa in early april 2019 via belgrade
everything was uploaded the day applied & paid same day (noim included, police checks, all forms (40 sp & etc) + 6 888 forms from australia and few supporting from my country
had a s56 request for more information (medical) in beginning of august, done them by mid aug
in sept uploaded more photos, gift receipt & etc 
aplication status changed to "further assessment" in mid sept
uploaded updates again this month
my NOIM (marriage registry) date is at early february
do you thinks there is chance to be approved ?
thanks


----------



## Mohansegh (Dec 7, 2018)

Why your visa has been cancelled and why did it take so long for your first citizenship application to be finalised


----------



## Vijaysandy (Apr 29, 2019)

Hi Mark just need your help 
I applied partner visa 820/801 in June 2017
Police check, health check has been submitted. We regularly updates uploaded hasn't receive any information yet I'm form india my partner is Australian what's going on can you please help me out.
Thanks


----------



## sumeetjadhav444 (Dec 14, 2019)

Hi Mark, thank you for creating this thread. I have a question that I was hoping you could help with. I'm a 482 visa holder and currently in my 2nd year of sponsorship. My employer has decided that he wants to sell his business. I have been with this business for 5 years and in light of that, the employer wants me to move over to another of his businesses. The role and other entitlements are exactly the same, the only thing that would change would be the business itself and it's location of course. I am of course worried that this is going to reset my timer and result in me having to restart my 3 year period on the 482 visa. The second option I have is to stick with the new employer that is buying this current business and is willing to sponsor me as well.
Thanks for patiently reading this. So my question is, which of these situations will I be able to carry forward the time I've spent on my visa rather than having to start over. Thank you.


----------



## gadepalliprasad (Dec 16, 2019)

Hi Mark,
I on 489 visa and staying in regional area in my friend own house and not paying any rent. How do I prove that I am staying here. Please suggest also I have moved firm other regional area with informing to the immigration.


----------



## ourlovestory (Nov 5, 2018)

Problem solved...


----------



## rory (Dec 19, 2019)

Helo Mark I hope you are well . I'll appreciate if you can help me with any advice , my name is Rori I've been living in Australia for around 8 years now, I apply for 820/801 on 2015 the things didn't go well ,the domestice violence happen from my sponsor against me , after i rapport the incidents to immigration they refused my visa and told me to leave Australia, I appeal their decision on AAT waiting on hearing date. Few months ago I start to work as cook on restoaurant and the owners really love me there and they want to sponsor me but I dont have any cualifacition "Diploma" or Certificate for the job and not enaught years on that type off work. Is any chance if I go back to my country and apply for work visa here in Au , can I be able to come back? and I start the school for a cook and work for the sponsor? . Pleas a answer is going to be very help full for me on this situation .🙏


----------



## Sank (Dec 19, 2019)

Hi Mark, reading all your answers gives me hope that you are the only person who can provide me with some genuine guidance.
So i came on a student subclass 500 visa from Nepal and was doing my masters degree. But my partner and me decided to move to Europe permanently so i decided to exit out of the study and get a post graduate diploma as I have completed 1 year successfully. My visa runs until 23rd of March 2020.
So my uni wants me to fill up a form so they can issue a certificate, And once I do that, my eCoE will be cancelled which will give me 28 days of going out of the country or apply for a new visa here since we intend to travel Tassie (we have flight tickets and car rentals proof).

Since, We have a ticket to visit Fiji from 8th till 17th Jan andTassie from 19th to 27th Jan, my question is, can i still come back on that 28 days grace period after my coe is canceled by the uni?

Thank you in advance for any help. Means so much for us.


----------



## Melbournejedi (Dec 20, 2019)

*What will happen to my partner visa application if my 457 gets cancelled?*



MarkNortham said:


> Hi All -
> 
> Thought I would start a new thread here for the new year (well, a few weeks early!) to answer questions given all the recent changes in migration law and policy, especially in the area of partner and fiance visas - an area I specialise in. In the last few months my business got quite busy, and I wasn't able to get to all the questions I wanted to from the previous thread - my apologies for the delay.
> 
> ...


Hi Mark, TGIF!

I have a situation that I hope you can assist me with. i'm currently on a 457 which will expire in April next year. The problem is, I am working for a company that I dont really enjoy. I dont get on well with one of the owners. There are some underlying issues in the company such as the way they treat people. I am now looking for another job to try and get another sponsor but since I dont get on well with one of the owners, I fear he might fire me. And if I cant find a new sponsor within 60 days, my 457 will be cancelled and so will my bridging visa A. I am so close yet so far to getting to the finish line smoothly and thats why this is causing me so much stress.

I dont want to leave my fiance here even for a day. I was hoping to hear what my options are. As well, if my 457 is cancelled coz I couldnt find a sponsor, will I get rejected in my partner visa application as well (I do know I can get a Bridging visa E but a cancellation will be on file and possibly being unlawful for a day which is what typically happens) also, how does it affect my permanent partner application?

I feel really helpless.


----------



## Sank (Dec 19, 2019)

Hi Mark, reading all your answers gives me hope that you are the only person who can provide me with some genuine guidance.
So i came on a student subclass 500 visa from Nepal and was doing my masters degree. But my partner and me decided to move to Europe permanently so i decided to exit out of the study and get a post graduate diploma as I have completed 1 year successfully. My visa runs until 23rd of March 2020.
So my uni wants me to fill up a form so they can issue a certificate, And once I do that, my eCoE will be cancelled which will give me 28 days of going out of the country or apply for a new visa here since we intend to travel Tassie (we have flight tickets and car rentals proof).

Since, We have a ticket to visit Fiji from 8th till 17th Jan andTassie from 19th to 27th Jan, my question is, can i still come back on that 28 days grace period after my coe is canceled by the uni?

Thank you in advance for any help. Means so much for us.


----------



## crosx44 (Sep 18, 2019)

Hi Mark,

Huge thanks for doing this. I have a quick question on whether I am able to apply 309/100 as a de facto partner even if we won't be living together at the time of application. Some background info:

- My partner will be applying for her PR via 189 soon and for work reasons, I will be returning to my home country instead of attaching as a partner for her 189 application. Instead, we are looking to do 309/100 once she gets her PR. ALthough we have been living together here in Australia for 1.5+ years, my return to my home country will mean that we won't be living together for the duration of her application/process.

In this case, will I be able to apply 309/100 as an offshore partner seeing as there was a gap where we were living apart for 1-2 years? Is it possible to 'backtrack' and show that we did live together for well over 12 months prior to separating to show that we are genuine, de facto partners? 

Thank you for the help. Happy holidays!


----------

