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Dependent Subclass 500 Visa Rejected Due To Not Matching Clause 500.311


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#1 Basanta

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Posted 27 March 2018 - 02:46 AM

My Visa as a dependent (Subclass 500) was rejected after 7 long months of processing because we failed to inform the AHC about our marriage when her visa was under process.
She was unmarried while applying for her student visa. She married me after a month of her visa application and her visa was granted in next 3 days. Due to post marriage rituals and stuffs we were not able to inform the AHC about her marriage before visa was granted.
After few months she changed her marital status and i applied for dependent visa. But after 7 months of waiting for my visa result, they rejected my visa with a reason that i did not meet requirement regulation of 500.311 which states that for me to apply as dependent visa:
Either i should be married before her visa was granted and mentioned/informed by her to AHC.
Or i should have married her after her visa was granted and she has changed her status to married before i applied for visa.
 
After asking the AHC for probable solution for this they are not giving me any answers, they just say that
I can reapply for dependent visa but not sure it will be accepted and also not sure if it will not take 7 more moths.
She can reapply her visa this time including me as her dependent.
 
Is there any way to solve this problem? If dependent reapply then the problem is still there and we still fail that criteria and also it might take 7 more months which is a lot provided that she only has about 14 months of her visa remaining.
In desperate Need of help.
 



#2 AussieDude

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Posted 28 March 2018 - 08:48 PM

I have answered you in IM.  No need to post the same question in every forum.




#3 Basanta

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Posted 29 March 2018 - 06:48 AM

I have answered you in IM.  No need to post the same question in every forum.

Thanks. For your IM.




#4 epsj

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Posted 16 April 2018 - 10:51 PM

I have answered you in IM.  No need to post the same question in every forum.

Hi mate, can you help me with similar question? I'm applying for 457 visa with my partner as we're getting married here in Australia in September. But on the application we forgot to put her 9 years boy. Is there any way to include the child as we still on the bridging visa? Can I include the child using only the form change of circumstances?? My migration agent is messing around and saying that is not a forum that I can included people anytime, I bit rude and I just had enough of this DH. Mustn't be a rocket science as well. Can you help me on this matter. Thanks in advance. 




#5 AussieDude

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Posted 17 April 2018 - 12:53 AM

Hi mate, can you help me with similar question? I'm applying for 457 visa with my partner as we're getting married here in Australia in September. But on the application we forgot to put her 9 years boy. Is there any way to include the child as we still on the bridging visa? Can I include the child using only the form change of circumstances?? My migration agent is messing around and saying that is not a forum that I can included people anytime, I bit rude and I just had enough of this DH. Mustn't be a rocket science as well. Can you help me on this matter. Thanks in advance. 

The thread was about Class 500 Student Visa's and dependants.

 

I am not 100% sure about the situation with 457's and the inclusion of dependants, the 457 Class is in a mess.  But, I understand that it is possible to later nominate other family members, by having the family members complete and lodge an application for 457 visas at a later date.  The DIBP electronic lodgement system refers to this as a subsequent entry.   Please check this


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#6 epsj

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Posted 17 April 2018 - 09:08 PM

The thread was about Class 500 Student Visa's and dependants.

 

I am not 100% sure about the situation with 457's and the inclusion of dependants, the 457 Class is in a mess.  But, I understand that it is possible to later nominate other family members, by having the family members complete and lodge an application for 457 visas at a later date.  The DIBP electronic lodgement system refers to this as a subsequent entry.   Please check this

 

Hi there, thanks for your reply but I haven't got anything after: Please check this... I will give a call to the IMMI Department tomorrow. thanks a lot.




#7 Aussie_83

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Posted Yesterday, 06:26 AM

no point calling immigration. if you are wanting to get the right info get a good agent. is the agent you're dealing with MARA registered? bit odd you have oneas normally it's all on the company side.
the company would need to sponsor the child (not sure how you forget to add a child as it asks for migrating and non migrating family members, I'm assuming this was following the usual silly advise of don't add them now get the visa then do it)

no point trying to compare what happened to a friend with a student visa as that's a different visa.
form 1436 seems for many but not sure. with the 457
it's not rocket science you just need to be prepared to do lots of research and spend the time.


#8 Aussie_83

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Posted Yesterday, 07:14 AM

actually if the child is offshore that's another complex layer seeing your onshore.
either be prepared for months of research or get a good agent.





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