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AFV

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Everything posted by AFV

  1. Welcome to the Australian Visa Forum. You are still within the advertised processing time frames. As also advised by the Department: "processing times for the Tourist stream range from 48 hours to more than 20 days depending on factors such as peak processing periods in a particular location". Your statement that "usually it doesn't take this long until there is a refusal decision" is simply not correct. All you can do is wait patiently for the outcome.
  2. AFV

    PROSPECTIVE - TEMPORARY PARTNER

    Welcome to the Australian Visa Forum, Congratulations on the grant of the prospective marriage visa. For the benefit of our members can I ask how long it took for the decision from when the application was submitted? You will have to apply for the partner visa in exactly the same manner as anyone applying for a partner visa (subclass 820 and 801). This means doing a full application. However, that being said you will have a lot of the information already from the PMV. The current visa fee from PMV to Subclass 820 and 801 is only AUD$1195. Keep in mind too that a PMV and a partner visa have an entirely different set of criteria that need to be satisfied for the grant of the visa. For the PMV is was that you had met in person, were known to each other personally, and had a genuine intention to marry in the future. The criteria however for the partner visa is that you are in a genuine and continuing spousal relationship.
  3. You're welcome. You might want to attach a covering letter to your application which reads something like this: "On the xx/xx/xx I submitted my prospective marriage visa (PMV) application. Both my fiance I am aware that a decision on my PMV cannot be made whilst I am in Australia. The purpose of my visitor visa application is so that I may visit my fiance in Australia during the lengthy processing period of my PMV application. Although my PMV application is yet to be assessed, included with my visitor visa application is supporting evidence that my partner and I have met in person, are known to each personally and have a genuine intention to marry in the future.
  4. AFV

    Marrying in Aus or US?

    The factors that are taken into consideration by the Department in assessing whether a genuine relationship exists between applicant and sponsor can be found in the Migration Regulations 1994. See Regulation 1.15A for Spouse and Regulation 1.09A for De-facto. The decision maker is required to consider ALL of the circumstances of the relationship, including the specific factors listed in the regulations which I have linked to. One of these factors is the financial aspects of the relationship which includes: any joint ownership of real estate or other major assets; and any joint liabilities; and the extent of any pooling of financial resources, especially in relation to major financial commitments; and whether one person in the relationship owes any legal obligation in respect of the other; and the basis of any sharing of day-to-day household expenses. As stated above decision maker is required to consider ALL of the circumstances of the relationship in the assessment process. Therefore just because the parties do not have any joint assets or financial commitments to each other, does not necessarily mean that they do not meet the criteria. Ultimately it comes down to an objective assessment of all of the circumstances of the relationship, including the specific factors mentioned in the Migration Regulations.
  5. It certainly makes sense that you have submitted a PMV and that this should be seen as an incentive to return and not overstay. However, the Department takes the view that the applicant has simply made an application that has yet to be tested against the criteria for the grant of that visa. I recently saw this reason given in a visitor visa refusal notice. How we satisfactorily addressed the reason for refusal was by showing that the applicant would prima facie meet the criteria for the grant of the PMV. We provided evidence that they had met in person, were known to each other personally and had a genuine intention to marry in the future (provided the NOIM). The point I am trying to make is that evidence of making an application for a PMV by itself will carry little weight.
  6. If you want to visit Australia during the processing of your PMV you will need to apply for a visitor visa. This is very common, many people in your situation do this. Just remember that you need to be outside of Australia at time of decision. Even though you have a PMV submitted, your visitor visa must still meet all of the criteria for the grant of a visitor visa, including addressing the reasons for the previous refusal.
  7. AFV

    Waiting for PR Sub 100

    I am only going on what you have posted "they told us that my partners Visa status on their system says 'unlawful" . If you partners subclass 309 is still valid, then simply create an IMMI account (if you don't already have one), and submit the information for the stage 2 assessment: New Application > Family > Stage 2 Permanent Assessment.
  8. AFV

    Waiting for PR Sub 100

    Apologies I certainly could have phrased that a bit better. As Aussie_83 has correctly stated, when you applied for the temporary partner visa (subclass 309) you are also making a combined application for the permanent partner visa (subclass 100). However, a decision is not made on the permanent partner visa until at least 2 years after you first applied. As you have noted, "shortly before that date, the Department will write to you and invite to provide further information". At this stage, you will be required to supply further supporting evidence that your relationship is still genuine and continuing since the grant of the temporary partner visa. This is what I meant in relation to having to apply. You need to ascertain three things. Has the partner been refused? If so what date? How were you notified for the request for further information and reasons for the refusal.
  9. AFV

    Waiting for PR Sub 100

    Welcome to the Australian Visa Forum, This is a very serious situation. It appears that your partner is now an unlawful non-citizen. Your partner would have been eligible to apply for the subclass 100 two years from when the subclass 309 was applied for. The granting of the subclass 100 is not automatic. This is something that has to be applied for. What contact details were listed with the original application for the second stage processing. Have the details changed, change of address etc? My guess is that the Department has not received anything from you with regards to the second stage processing and the subclass 100 has now been refused. You need to find out ASAP what date it was refused (which I am suspecting it has been) and see whether the window to appeal to the AAT is still open.
  10. AFV

    Tourist Visa for A Thai

    Welcome to the Australian Visa Forum, It is an assessment of the applicant's circumstances that will determine whether they meet the criteria for the grant of a visitor visa. Many factors are taken into consideration, such as age, sex, nationality, employment, savings, history of visa compliance, family ties in own country etc. Based on what you have posted, if your girlfriend was to apply she would certainly be refused. Any chance of success will come down to the strength of your letter of support, and whether it is strong enough so that sufficient weight can be attached to it. What evidence of contact/support do you have with her for the period you have known her? Depositing money into her account is a very BAD idea. Recently deposited funds without evidence of a savings history or explanation as to where they came from will be viewed as deposited for the sole purpose of satisfying the adequate funds criteria. Good way to get a refusal IMHO. If you want to support (which you would need to do anyway) that support would be covered in your letter of support. Lastly, there is no provision to pay a bond as she is not eligible for a sponsored family visitor visa. Excuse my ignorance, but what is TSPV?
  11. AFV

    Marrying in Aus or US?

    Welcome to the Australian Visa Forum, Firstly I cannot comment on any US visa criteria or eligibility issues. This forum is not the place for that. My response is only related to the issues of Australian visa eligibility. I can't see how withdrawing your K1 visa would have any impact whatsoever on your ability to sponsor your partner for an Australian visa. As long as your marriage is a legally recognised marriage, it does not matter whether you are married in Australia or the US. The be eligible for a partner visa, you and your partner must either be legally married or in a de-facto relationship at the time of application. Your application will need to evidence that you are in a genuine and continuing relationship which is tested against the criteria provided for in the Migration Act and Regulations. This application can be applied for in Australia or offshore. However, to apply in Australia, the applicant must be in Australia at the time of application and holding a valid visa that does NOT have the condition 8503 attached to it. If you do not meet the criteria for a partner visa, the other pathway to consider is a prospective marriage visa (subclass 300).This is for people that have met in person, are known to each other personally, and have a genuine intention to marry in the future. This visa can only be applied outside of Australia. Once the visa is granted, the visa holder must enter Australia within 9-months, marry their sponsor and then apply for the onshore partner visa (subclass 820 & 801). After the prospective marriage visa has been granted, the marriage can then take place either in or outside of Australia. However, the holder must make one entry to Australia prior to marriage. The above is just a general overview only. More than happy to answer any specific questions you may have.
  12. AFV

    partner visa application

    You can make a valid application without first uploading any documents. Once an application is made, you should then upload in a timely manner.
  13. As medicals are only valid for 12 months, it is recommended that you wait until you are requested to do them.
  14. I can see that you have already started a new thread here: Partner Visa Lodge while holding a one year Tourist Visa You can ask questions or post comments here, but please do not replicate the same question on multiple posts or post questions directly to members profiles.
  15. Welcome to the Australian Visa Forum, Please ask as many questions as you want, but do please not post the same question to other threads or on members profiles. The Bridging Visa A will only become active when your current visa expires. You can still travel on your visitor visa until it expires. If however, you are outside of Australia when it expires and you don't have a Bridging Visa B you will not be able to re-enter Australia without first being granted another visa. If you are applying online you do not need to provide certified copies. The Department website currently advises "when you apply on paper you must provide certified copies of your documents".
  16. Yes. When submitting the sponsorship it will prompt you by asking the primary applicants date of birth and the application ID number.
  17. AFV

    ETA - Partner

    If you have been together for 3 years you may satisfy the de facto criteria. The criteria is basically the same, however, requires that the relationship existed for at least 12 months prior to the date of application.
  18. AFV

    ETA - Partner

    Welcome to the Australian Visa Forum, Thanks for the great feedback too! Condition 8503 cannot be imposed on an ETA. Therefore if your partner is in Australia on an ETA they can apply for another visa which they meet the eligibility for. It makes no difference whether you are married in Australia or Japan, just as long the marriage is a legally recognised one. Note: being legally married is just one aspect of the criteria. Marriage in itself does not evidence genuine relationship.
  19. AFV

    Overseas partner

    Welcome to the Australian Visa Forum, The most suitable visa would be the offshore partner visa subclass 309 & 100. Is your wife currently in the Philippines or Australia though?
  20. If that is the case, that the son was not declared on the permanent visa application, then your wife needs to fall on her sword and write to the Department telling them that it was a careless and irresponsible oversight on her path, and she did not purposely intend to provide false information to the Department. She should also mention that her son was included in the temporary partner visa application which was handled by a migration agent at the time. Good luck.
  21. Aussie_83 is referring to the factors that are taken into consideration when the Department is assessing whether a genuine relation exists. For de facto you can find these in Regulation 1.09A of the Migration Regulations and for spouse in Regulation 1.15A of the Migration Regulations I agree with Aussie_83. Based on what you have posted you currently won't meet the criteria for a de facto or spouse visa. The best pathway would be the prospective marriage visa which requires that you have physically met in person as adults, are known to each other personally and have a genuine intention to marry in the future.
  22. When you apply for the partner visa the Bridging Visa A is auto-generated at the same time, but will not become active until your current visa ends. You do not need to separately apply for the Bridging Visa A. Note: If you are paying by BPay it will not be a valid application until the funds are received by the Department, which takes around 3 days. If you pay by credit card, then payment is received instantly. If you arrive anytime before the expiry date of your current visa, then I can't see why you would have any issues.
  23. AFV

    Canceling PMV 300

    There is no requirement for an applicant to have been married for at least 12 months. However, being married does not itself evidence that you are in a genuine spousal relationship as required by the Migration Act and Regulations. You might want to look at both Regulation 1.15A of the Migration Regulations and Section 5F of the Migration Act which details the circumstances that will be taken into consideration when assessing a partner visa application. Based on what you have posted, my advice would be to stick with your prospective marriage visa application.
  24. My suggestion: Include a strong letter of support from your parents which includes the following: That they are fully supporting you whilst you are studying in Brazil. It should make reference to all the support they are currently providing (living expenses, accommodation, education etc). They should refer to the course you are studying, how far into the course you are, how long until you graduate, what your qualification your study will lead to. Include a copy of your academic transcript to date which shows that you are a good student. Their letter of support should acknowledge that they are fully supporting your short visit to Australia whilst you have deferred your studies for a semester. If they are providing financial support, then evidence of their ability to provide this support should be included. In my opinion, this will paint a picture that you are a hard working young individual who is supported by his parents to study. It will also paint a picture that a moral obligation exists that you will return to Brazil and complete your studies and not overstay or breach a visa condition in Australia. At the end of the day who wants to let their parents down.
  25. First of all, to apply for a partner visa in Australia (subclass 820 & 801) you must be physically present in Australia at the time of application. You must also hold a substantive visa which does not have the Condition 8503 attached to it. Check the condition of your current visitor visa to see whether it has Condition 8503 attached. When applying in Australia, assuming you are able to, you will be granted a Bridging Visa A automatically after you make a valid partner visa application. However, the Bridging Visa A will not become active until your current substantive visa (your visitor visa) finishes. The Bridging Visa A allows you to remain lawfully in Australia until a decision is made on your partner visa application. The Bridging Visa A does not allow you to return to Australia if you depart. For this, you will need a Bridging Visa B which you will need to apply for.
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