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AFV

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AFV last won the day on June 14 2013

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  1. Welcome to the Australian Visa Forum, I edited your post title to make it more searchable for other forum members. Indeed the processing time frames for offshore partner visas is very lengthy, and up to and exceeding 2 years. For this reasons I would recommend doing the Health Examinations and Police Clearances when requested to do so. You are correct, they are only valid for 12-months. Therefore if you do them now and your partner visa is not finalised within 12 months, you will have the inconvenience and cost of having to do them again. It is perfectly permissible to wait until you are requested to do them.
  2. AFV

    Assessment on progress

    Welcome to the Australian Visa Forum, That status is entirely normal. Once you submit the documents as requested, there is still further assessment. As long as you have provided what has been requested, then all you can do is wait patiently. All the best!
  3. AFV

    Visitors Visa for my African boyfriend

    A visitor visa has no restrictions on the visa holder getting married, whether it be in Australia or overseas. That's entirely your choice, your decision. As he has a 12-month multiple entry visitor visa without the condition 8503 you definitely both have some very good options available to you. The advantage of applying in Australia is that he can remain lawfully in Australia until a decision is made on the partner visa. I am sure you would be aware that the processing time frames for offshore partner visa applications has completely blown out, and in some instances up to 2 years from date of application. The fact that his tourist visa application alone took 2 months should be an indicator of what to expect. If I was in your position I would be doing everything possible to ensure an onshore partner visa application. If you marry in Australia or overseas, or apply based on de-facto towards the end of his current tourist visa (you need to check your own eligibility), then he will go on to a Bridging Visa A which will allow him to remain in Australia lawfully until a decision is made on his partner visa application. The Bridging Visa A may or may not be issued with work rights. If It isn't, then he could apply for work rights to be attached to his Bridging Visa A based on financial hardship. It isn't hard to prove financial hardship. Indeed a Bridging Visa A does not allow him to leave and return to Australia. To travel outside of Australia during this period he would need to apply for a Bridging Visa B. He would have to show substantial reasons for wanting to leave and return to Australia while his substantive visa application is being processed. A Bridging Visa B is not complicated to get, just as long as you can demonstrate substantial reasons for wanting to leave.
  4. AFV

    Visitors Visa for my African boyfriend

    Based on your first post, I think it was the high level of visa application preparation that you did which ensured the great result. Congratulations on the 12 month multiple entry visa. I'm interested to know, does his visa have the Condition 8503 no further stay attached to it? Again, congratulations to you both on a great outcome.
  5. AFV

    Invite cousin's to travel australia

    You currently don't have a substantive visa in Australia. A bridging visa A allows you to remain lawfully in Australia until a decision is made on your substantive visa application, whatever that visa application may be. However, to answer your question, whether you can invite them to Australia. The short answer is yes. However zero weight will be attached to your letter of support IMHO. Your cousins are from the Phillipines which is viewed as a high risk country. They will need to make an application for a visitor visa and be able to evidence that their intention is to visit Australia as genuine visitors. Given your situation, I do not think there is anything you can do that would strengthen their applications unfortunately. It really will just come down to an objective assessment of their personal circumstances. Just on a side note, even if you had Australian permanent residency, you cousins would be ineligible for the sponsored family stream as cousins are not included as eligible family members. Below is some evidence that they could provide to evidence that they intend to visit Australia as genuine visitors: Evidence of sufficient funds, such as personal bank statements, pay slips, audited accounts, taxation records or credit card limit. If you are visiting relatives or friends, a letter of invitation from your relative or friend in Australia. If your relative or friend is paying for your visit, evidence that they have the necessary funds. If you are visiting under the Tourist stream: Your itinerary for your stay in Australia. Other information to show that you have an incentive and authority to return to your home country, such as: a letter from your employer stating your intention to return to your job evidence of enrolment at a school, college or university in your home country evidence of immediate family members in your home country evidence of your visa or residence status in your home country, and your right to return evidence of property or other significant assets owned in your home country.
  6. AFV

    Invite cousin's to travel australia

    Welcome to the Australian Visa Forum Connie. In the first instance, have you started by doing any research on the eligibility requirements for an Australian tourist visa? Your post makes no mention of whether you are also an Australian permanent resident. What is your currentstatus in Australia. Whilst you can provide an invitation (letter of support) in relation to their tourist visa applications. It is primarily an assessment of the tourist visa applicants individual circumstances that will determine whether they are granted a tourist visa or not.
  7. As Aussie_83 has said there is none. As part of your sponsorship for your partners visa application, you will need to sign undertakings in relation to your sponsorship obligations. Sponsor obligations For two years after your partner is granted their Partner visa, you must help them and their children by providing: accommodation financial assistance, including English language courses, if needed other support such as child care, if needed.
  8. AFV

    Working on a bridging visa

    Applying for the de facto spouse visa in Australia. You will need to do this prior to your tourist visa expiring. After you have applied for the partner visa, and when your tourist visa expires, you will go on to a Bridging Visa (Bridging Visa A) which will allow you to remain lawful in Australia until a decision is made on your de facto partner visa. Once the Bridging Visa A is granted, the Department of Immigration will let you know whether you can work or not. If your Bridging Visa A does not let you work, or has restrictions on working, you can apply for another Bridging Visa A which allows you to work. To be considered for a Bridging Visa A which allows you to work, you usually have to show financial hardship The Department will assess your circumstances in relation to your claim that you need to work. If you do not meet the requirements for work, and you are still eligible for a BVA, they will grant you a new BVA with the same work prevention or restriction condition that was on your previous BVA. Therefore, you need to wait until you go on to the Bridging Visa A. If it has work rights, that's good for you. If not, you will need to apply for a Bridging Visa A with work rights by demonstrating financial hardship. Finally, be aware that a Bridging Visa A does not allow you to return to Australia if you leave.
  9. AFV

    Unsure on what visa I need

    As you hold a UK passport, you may want to look at whether you are eligible for a Working Holiday Visa (subclass 417). However under this visa you cannot work for one employer for 12-months. The popular 457 visa has now been replaced by the Temporary Skills Shortage (subclass 482) visa, commonly called the TSS visa. You can assess your eligibility here: Temporary Skill Shortage visa (subclass 482)
  10. Based on what you have posted, It is my opinion that you would pass the character test. Your post has prompted me the start a new thread in relation to this issue, as this topic has been getting a significant amount of coverage in the media recently. See: What is the character test for an Australian visa?
  11. Reported recently in the media are a very large number of cases involving non-Australian's having their visas cancelled because they have failed Australia's strict character test. A google search on this topic will find many reported cases, such as the following for example: Dozens of criminals face deportation after failing character test. A member of our forum even raised concerns that her criminal convictions as a teenager would impact on her ability to get an Australian working holiday visa. See: I have criminal convictions will I still get a visa for Australia. We have started a new thread on the forum that deals specifically with issues concerning the character requirements for an Australian visa. So, what is the character requirement for an Australian visa? Every non-Australian citizen who wants to enter or remain in Australia must satisfy the character requirement as set out in Australia’s Migration Act. This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia. Entering or remaining in Australia is seen as a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement. Irrespective of which visa you apply for, you must advise the Department of Immigration if you have any criminal convictions inside or outside of Australia, and you may be asked to provide police certificates as part of your assessment against the character test. If you do not inform the Department of your criminal history, your Australian visa application may be refused, or your visa cancelled. The Department and the Minister have the power to refuse or cancel a visa on the basis that a person does not pass the character test. In some cases, even if you do not pass the character test, the Department or the Minister can exercise discretion not to cancel your visa. Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case. When is it mandatory to cancel an Australian visa? If you are currently serving a full-time custodial sentence and have ever been sentenced to 12 months or more imprisonment, regardless of time actually served, or have been convicted of, had a charge proven for or have been found guilty of a sexually based crime involving a child, your visa must be cancelled. The Department will provide you with 28 days to request revocation of this decision if your visa is cancelled in these circumstances. In considering requests for revocation of a mandatory cancellation decision, the Department will consider all circumstances of your case. The Australian visa character Test You will not pass the character test if: you have a substantial criminal record you have been convicted of escaping from immigration detention, or convicted for an offence that you committed: while you were in immigration detention during an escape from immigration detention after an escape, but before you were taken into immigration detention again. you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister reasonably suspects of being involved in criminal conduct the Minister reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence your past and present criminal or general conduct shows that you are not of good character there is a risk that while you are in Australia you would: engage in criminal conduct harass, molest, intimidate or stalk another person vilify a segment of the Australian community incite discord in the Australian community or in a part of it be a danger to the Australian community or a part of it. you have been convicted, found guilty or had a charge proven for, one or more sexually based offences involving a child you are subject to an adverse security assessment by the Australian Security Intelligence Organisation you are subject to an Interpol notice, from which it is reasonable to infer that you are a direct or indirect risk to the Australian community, or a segment of the Australian community. What is a substantial criminal record? A substantial criminal record is based on the length of a sentence imposed by a court of law, rather than the time actually spent in prison. For the purpose of the character test, a person is deemed to have a substantial criminal record if they have been: sentenced to death or life imprisonment sentenced to a term of imprisonment of 12 months or more sentenced to two or more terms of imprisonment (even if served concurrently), where the total of those terms is 12 months or more found by a court to be not fit to plead in relation to an offence but found to have committed the offence and as a result have been detained in a facility or institution. Discretionary powers and Ministerial Direction 65 When a person does not pass the character test, the Minister or his delegate will decide whether or not to refuse the application or sponsorship, or to cancel their visa. When making this decision, a wide range of factors will be considered, including the protection of the Australian community, the best interests of any minor children in Australia who may be affected by a decision to refuse or cancel the person's visa and expectations of the Australian community. Other factors are also considered, such as Australia's international legal obligations, the impact of visa refusal or cancellation on a person's family in Australia, any impact on Australian business interests and the impact on the Australian community if a visa were to not be refused or cancelled. The exercise of the discretion is guided by Ministerial Direction 65 made under section 499 of the Act. Exclusion from Australia A person who is removed from Australia after their visa is cancelled on character grounds will be permanently excluded from being granted another visa to re-enter Australia. The cancellation of their visa will also prevent them from applying for most other visas to remain Australia. Appeals Where the decision to refuse or cancel a visa is made by the Minister personally, the person has no right of appeal to the Administrative Appeals Tribunal (AAT). If a delegate of the Minister either refuses or cancels a person's visa and the person is in Australia they will have a right to have the decision reviewed by the AAT. If they are not in Australia, they may also have a right to have the decision reviewed, for example, if they have either a sponsor or nominator in Australia. However, if a person's visa is mandatorily cancelled because they are serving a custodial sentence and have ever been sentenced to 12 months or more, or have been convicted of, had a charge proven or found guilty of a sexually based crime involving a child, they have no right of appeal at the AAT. In these circumstances, the Department will provide the person with 28 days to request revocation of the decision to mandatorily cancel their visa. A decision made by a delegate of the Minister to not revoke a mandatory cancellation decision is reviewable by the AAT. Strict time limits apply on appeals to the AAT. Applicants in Australia seeking reviews of decisions must apply to the AAT within nine days of being notified of the decision. For applicants outside Australia, the application for review must be lodged by a sponsor or nominator within 28 days of the day of being notified of the decision. The AAT will be deemed to have confirmed the decision if it does not make its own decision within 84 days of the date on which the applicant was notified of the original decision. Whether or not there is an appeal avenue available to the AAT, an applicant may seek judicial review of the decision, if they believe the decision was not lawfully made.
  12. AFV

    Police clearances certified?

    For police clearance certificates for Australian visas, it has always been a requirement that the originals to be provided, and as Zoltan has said a translation if they are not in English. With online applications now, from experience the original can be uploaded. If the Department of Immigration ever want to see the actual original, they can always request it.
  13. Your boyfriend can certainly apply for a tourist visa to visit Australia during the processing of his partner visa. One issue I can see is that in the last 12-months he has already spent 9 months in Australia on three tourist visas. To now apply for a 12 month tourist visa might cause some issues as the length of time permitted to stay in Australia then would be more than 12 months in a 2 year period. However, processing time frames have blown out significantly and I think the Department of Immigration have become a bit lenient in recent times. At the end of the day, the tourist visa program isn't to be used for multiple back-to-back tourist visas as a back door way of maintaining a sort of de-facto residence in Australia. In applying for the partner visa, you have negated this inference. All the best.
  14. Kane, I note that you have started another thread. I have linked to it here for the benefit of others who are following here: How much money does my girlfriend need for her tourist visa
  15. I read over you post about your Thai girlfriend being refused a tourist visa. Indeed you and your girlfriend got some very bad advice there. Whilst there is nothing wrong with giving your girlfriend money, the visa agent you used, wanted it to appear that they were her own savings. This is just simply terrible advice. In the absence of a evidence of a savings history, the funds would have been viewed as deposited to make it appear that she had a history of savings. That is in fact a very good way to get a visa refused. However, on reading your post it would appear that she she was never questioned on the savings, but it came down to you simply not knowing your girlfriend long enough for weight to be attached to your letter of support for her tourist visa. I will attempt to answer your questions below: 1. Exactly how much money does she need to show that she has for her tourist visa? There is no fixed amount of money that she must have. However she will need to have sufficient funds or access to sufficient funds for her proposed stay in Australia. As you would be providing a letter of support in relation to her tourist visa application, you would therefore provide evidence of your own savings, employment, rental agreement or council rates notice etc. Evidence that you could support her in Australia. 2. How much evidence of relationship do we need to show? A tourist visa is not a partner visa, so you do not need to evidence that you are in a relationship. You do however need to be able to show that you have known her for a period of time so that weight can be attached to your letter of support. From reading your previous thread on the visa refusal, this is where IMHO the application failed. Others may disagree with me, but I generally think at least two visits and 6-months is needed. The Department of Immigration in determining whether weight can be attached to your letter of support, want to see that at the least a moral obligation exists that you will provide the support offered. 3. Will the previous tourist visa refusal mean that my girlfriends application will get more scrutiny? Is it likely she will be called up for an interview? I don't thinks so. Many people who have their tourist visas refused and are successful on the second time around. As others posted in your other thread, it is all about addressing the reasons for the tourist visa refusal. 4. Will she have to go to Bangkok again to do the biometrics, considering they were only recently done for the first application. Unfortunately yes. Every application requires new bio-metrics. No you make a booking online and the process is quite fast.
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