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Showing content with the highest reputation since 12/22/2018 in all areas

  1. 2 points
    Aussie_83

    Some questions about partner visa

    1. Correct however it doesn't change the level of proof required. 2. once the bridging visa is activated at the end of your current visa (providing that visa isn't cancelled) then you will have full work rights.
  2. 1 point
    "Royal Assent". Have not heard that term in nearly 30 years. The process was 'commuted' in 1991 at the Harare Declaration. Everything except base constitutional amendments (and even that's debatable) are now solely approved by the GG. Even Whitlam's dismissal was only endorsed by the GG. Dont get me wrong I am a closet Royalist, but Australia now operates (since 1991) as an independant state, Privy Rights and Royal Ascension are long gone. God Save the Queen !
  3. 1 point
    AussieDude

    Visitor Visa Refusal

    @holmzy, Great news! I am so glad you can realise your Tennis Tourism dreams. For me its Formula1.
  4. 1 point
    Nightcall

    Subclass 836

    You haven’t read the whole thing, you need to read the information very carefully as it can be confusing, in fact you are reading the wrong part. You asked if your parents or uncle can be the sponsor. To be a sponsor; You must be the applicant's near relative or relative (the applicant is your husband) Near relative is : · parent or step-parent of the applicant · partner's parent or step-parent of the applicant · sibling or step-sibling of the applicant · child or stepchild who is 18 or older and not dependent on you of the applicant · child or stepchild who is under 18 and not in your or your partner's daily care and control of the applicant A relative is: · your partner, child, parent, brother, sister, stepchild, step-parent, stepbrother or stepsister of the applicant · your grandparent, grandchild, aunt, uncle, niece, nephew or step equivalent of the applicant You meet the definition of relative (of the applicant) Your parents meet the definition of Near relative (of the applicant), Your uncle/s don’t meet the definition of either. So far this means your parents can be the sponsor, but they must meet this next condition also. The Sponsor (your parents), or a family member who lives with them (you if you live with them), must be assessed by Bupa Medical Visa Services as having a medical condition which meets the requirements. Hence why it requires that you live with them. A carers 836 visa is a very hard and complex visa to apply for and get, it’s not meant for people trying to circumvent the partner visa application fee which is what you are trying to do. It’s not the appropriate visa for you and your husband to be applying for and it would be ill-advised to do so.
  5. 1 point
    Nightcall

    Lifting 3 year ban from Australia

    Immigration will not remove a re-entry ban, but you can ask to set it aside if you apply for a new temporary visa, beware that you need compassionate or compelling circumstances for it to be put aside. From here: https://immi.homeaffairs.gov.au/entering-and-leaving-australia/entering-australia/can-i-go-to-australia/re-entry-ban Explain to us, in writing, why we should put the ban aside. You must show us that there are compassionate or compelling circumstances to put aside your re-entry ban and grant you the visa. If you can't, we will refuse your application. Submit your written explanation to us when you lodge your visa application. You can also submit it after you apply but before we make a decision. You must still meet the visa's other eligibility criteria, including our health and character requirements.
  6. 1 point
    Them not being married legally makes it easier if the father is difficult. Under Thai law, as they weren't married (legally) the father is not considered the legal father and the mother has sole custody. Doesn't matter if the father is on the birth certificate or not. It's a bit of a process to go though to get the required paperwork for the son, but these are the steps you need to go through before applying for the visa. She will need to go to her local Amphur office with a witness who knows the situation ie her parents and also her Poo Yai Baan (village head) and obtain a 'Por Kor 14' statement. Which is a formal statement covering non-marital status of the child's parents and the custodial circumstances of child. It will have to be the Amphur office where the child is registered at in the family book (blue book), everyone will need their family books and ID cards and the Poo Yai Baan their official ID. There is no or a very small cost for this form, but you may have to pay to grease the wheels of government. With a Por Kor 14 she can obtain a passport for the son as long as her ID card states Miss and not Mrs. (she will need to produce the Por Kor 14 also) The Por Kor 14 basically says she has sole custody of the child is all you technically need under Thai Law, but Australian immigration likes to go above and beyond to meet their child protection obligations. You will need to the Por Kor 14 translated to english for the visa application. So for the visa you will also need to get the father to write a letter that states he consents for the child to live in Australia permanently, this will also need to be witness at the Amphur office along with a copy of his family book and ID card and translated into english (for the visa application) You will also need a copy of the child's birth certificate + translated into english. (Amphur office can provide a certified copy) The parents will also need to complete a form 1229 https://immi.homeaffairs.gov.au/form-listing/forms/1229.pdf consent to grant an Australian visa to a child under the age of 18 years. And that's about it, sounds easy but expect a long drawn out process. The biggest issue is getting the father's consent, hopefully they don't see it a money making opportunity as they will have you over a barrel. Consent is not necessary, but it will be the easiest route in terms of money, time and stress etc, so if you have to pay to make it happen it may be worth it.
  7. 1 point
    Aussie_83

    Husband Visitor Visa

    JSeeing it's a family sponsored one you are still within standard processing times. Given it's such a high risk country it will always be at the higher end of the wait time. If you already have a professional representing you we wouldn't be able to advise much more than them. Processing times 75% of applications: 37 days 90% of applications: 51 day
  8. 1 point
    Nightcall

    Husband Visitor Visa

    Your husband visa processing is outside standard processing times for a standard visitor visa, but to give a better answer we need more information. What visa did you apply for? What country passport does he hold? Where was the application lodged and how?
  9. 1 point
    Aussie_83

    Husband Visitor Visa

    Basically many visitor visa applications take near a month now however applying November there is of course a massive increase in applications leading to further delays
  10. 1 point
    Currently the sponsor approval application cannot be lodged before the visa application as you need the Transaction Reference Number (TRN) or application ID to lodge the sponsor application. Also you need to be married or in a defacto relationship* prior to lodging a partner visa application. *defacto relationship has a defined meaning in immigration law. See above for the answer to this also No you can use the same account. If you stayed in the country for 12 months or more in total then you need the police check.
  11. 1 point
    AFV

    My student dependant visa rejected

    Welcome to the Australian Visa Forum, We are more than happy to offer our opinions, but you will need to list the reasons for the refusal here. Just dropping in a screen grab from your phone of the refusal notice is not acceptable. For this reason, it has been removed.
  12. 1 point
    Yes that's correct you can't apply for a PMV or Partner visa until April 2020 it has to be 5 years (+ 1 day) since you last sponsored an application for a PMV/Partner visa, unless as AFV has said there is compelling circumstances. No restrictions on applying for a Tourist visa and you can support/invite a person , but you (or anyone) can't sponsor a non direct family member for a tourist visa as you must be a family member of the person. FWIW Sponsor has a definite meaning in Immigration law, people often use or apply the term incorrectly.
  13. 1 point
    sunshine27

    Overstayed in X country

    No, I was just stupid. Would you recommend to wait for a little because it has been only a month since i left USA or it's okay to try it now?
  14. 1 point
    Bridge

    Partner Visa Assistance

    He hasn't learned his lesson. He has contributed absolutely nothing to this forum, but instead messages members offering to give them advice between $20 to $50 per question. This is the second time we have banned him now.
  15. 1 point
    AFV

    Partner Visa Assistance

    Thank you James, we are aware from others too that he is still lurking trying to solicit for business. He has today been permanently banned.
  16. 1 point
    Nightcall

    Partner visa travel advice

    No you can't travel now, nor can you get a subclass 157 visa as your subclass 100 visa has effectively been cancelled (in the process of being cancelled) as you didn't comply with the entry conditions. Is there a compelling reason why you didn't enter before 26 September 2018? It's a condition of your visa that you enter before this date. The date is based on the expiry date of your health and character checks, which are generally valid for 12 months from the date they were issued. Failing to enter Australia by the initial entry date your visa may be considered for cancellation. You need to apply for an extension of the initial entry date (written submission), but it will in most cases only be issued if you have compelling reasons. You need to seek advice from a immigration lawyer and act asap before they process the cancellation. You have only a limited amount of time to sort it out, otherwise you may have to reapply for the visa again.
  17. 1 point
    I have had 4 different rulings from the same IMMI Officer, on the same case, over 3 weeks. As I said, there is no QA until pen hits paper, verbal advice means sh*t these days.
  18. 1 point
    I should have said 10 different people giving 15 different answers lol.
  19. 1 point
    Aussie_83

    Sponsor error message

    Because you haven't submitted the main application so at the moment there is no application in the system to associate it to.
  20. 1 point
    AussieDude

    Visa Times, Delays, the waiting

    Merry Xmas to all our dear readers. I thought I would post a general note on Processing Times, Delays and the waiting... For those of you not familiar with Australia, the main family holiday season surrounds the National Public Holidays for Christmas and the New Year. Most schools stopped for a 6-8 week Summer Holidays in early December, and most do not return until mid January. Its our annual holiday season. Most companies impose forced closure and forced annual leave for the 2-3 weeks surrounding Xmas, and most Government departments drop to skeleton staff during this period. Its also a very busy period for international tourists, especially from the frozen 🙂 Northern Hemisphere. Its peak season for all travellers and tourists. For the months preceding this period, IMMI is absolutely smashed with applications, and the processing times are at the very worst. Today the 21-Dec being the last real work day for Australia, if you dont have a Visa Grant by now for December/January you are unlikely to get one. Sorry, but thats the history we have seen over the years. This time of year also seems to create a lot of special circumstance and distressed case visa requests, and a lot of mainstream staff (well those not on holiday) are often re-assigned to these special areas. I had a chap IM me about a Visa re-application now, in the hope he will get a VV in time to attend the Australian Tennis Open, I sadly had to advise him that IMHO he would not get a decision in time. If you dont have a visa grant, consider carefully before purchasing tickets and booking for hotels during this period. Refunds are usually not an option for cancellations during the peak season. As always, be patient, be patient, be patient, and have a Happy Festive Season, Good Health and Prosperity to you and your loved ones for 2019.
  21. 1 point
    AussieDude

    Timeline for Bridging Visa

    Just remember, although you don't have to provide certified copies when uploading. IMMI may and usually does request to sight the originals at some stage. Usually at an interview. When I say original, I mean the true original, not a certified copy. Also, if you are uploading foreign language documents, then you need to upload the original, and the certified english translation. Usually the english translation carries a stamp and declaration by the translator, but some translators also provide a covering certificate as well. Be sure to use a NAATI certified translator, IMMI will not accept translations from non NAATI (or foreign equivalent) translators. I always recommend that if possible, use an onshore NAATI translator. There are so many scam translators out there. For some temporary visa's (tourist, business, etc) applications is some countries, ie Russia and Germany, the Australian embassy will accept local language documents, without translation, as these missions have sufficient local language translators on staff. But, get a translation unless the embassy website says specifically that its not required. Most permanent, migration and work visa's will always require translation, as they are often processed in Australia.
  22. 1 point
    Hi Stefan, The most suitable option is the partner visa for your partner with your child added as a secondary non-migrating applicant. In fact IMHO it is the only option. If you were thinking of a parent visa, this would be a terrible pathway for at least 10 reasons I can immediately think of. And just for starters your child would need to be a settled Australian permanent resident which is many years off. Then you would need to look at the balance-of-family test. Where the mother is able to make an application, processing times and considerable, times spent apart from the child etc. IMHO the only time you would remotely consider this, based on the circumstances you have posted, is where there is no relationship between the parents.
  23. 1 point
    Finally!! After 18 months.. I got The golden mail Today!! Lodged : OFFSHORE from indonesia 6 Feb 2017 Phone interview : 12 feb 2017 Medical and police clearance requested : 13 feb 2017 New indonesia police clearance requested : 14 march 2018 New Partner AFP requested - 9 July 2018 Got phone call from immi - 6 Aug 2018 at 13.30 (they called me 6times) But i missed the call. Got an email from immi on 15.30 saying that my visa was ready to finalise if i can fly to austalia before 18aug. If i cant make it, they will need a new health check. Reply the email by 16.30 said yes i can. GOT THE GOLDEN MAIL TODAY 7 aug 2018. Around 10am. Sooo happy!!!
  24. 1 point
    Hi countryjoe, Just to make things clear, if you are married and want to get a divorce in Thailand, you have to appear in person. My post before was in regards to a Thai lawyer finding out if your are legally married or not. Divorce if your wife agrees is pretty simple and straight forward (but you both need to be in Thailand and appear together), but if she doesn't agree with the divorce you will need a lawyer and it will involve court appearance etc Also be aware that assets and property acquired during marriage are commonly considered community property with both spouses having ownership rights. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case. Debts incurred during the marriage, whether they are household, medical, or educational, are normally the responsibility of both parties.
  25. 1 point
    To check if the marriage was registered in the Amphur office (district office) the easiest way would be to front up and check or ask your girlfriend to go check (they may or may not tell her). It has to be the district office the marriage took place at I believe. The other way is to hire a Thai lawyer to do it for you. If it was registered then you should remember, because its a involved process and something you should not have forgotten about. You have to get paperwork from the Australian Embassy, then translated, then endorsed by the Thai MFA, then front up at the Amphur Office in person and do the paper work. If legally married in Thailand you can get a divorce in Australia, but its harder and I think you will have no chance getting it done before December, given you lack of knowledge of marriage status and therefore lack of documents, and the process you have to go though. Here is a link to the requirements http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce/ Taken from the above website I married overseas – can I get a divorce in Australia? If you were married overseas, you can apply for a divorce in Australia if either you or your spouse: regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or are an Australia citizen by birth or descent are an Australia citizen by grant of an Australia citizenship ordinarily live in Australia and have done so for 12 months immediately before filing for divorce. You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file: an English translation of it, and an affidavit from the translator which: states his or her qualifications to translate attaches a copy of the marriage certificate attaches the translated marriage certificate states that the translation is an accurate translation of the marriage certificate, and states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated. More information can be found in the Affidavit translation of marriage certificate form under the Forms section of this website. I can’t find my spouse to serve a divorce application, what do I do? If you have made a sole application, you need to serve the divorce application on your spouse. If you have taken all reasonable steps to serve your divorce application on your spouse and you are unable to do so, you can apply to the Court for: substituted service, or dispensation of service.
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