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  1. 2 points
    Gabe

    Temporary visa Granted

    Hey guys just got my partner temporary visa granted last week . I would like to thank the group/forum for tips on how to lodge partner visa and steps by step what to do. Well best of luck to the guys waiting on there fate but always remember every case is different and just hope for the best cheers
  2. 2 points
    See at least we agree on something.
  3. 2 points
    The current working status of the sponsor is not important. You can be a sponsor if your only income is welfare (as an example)
  4. 2 points
    As I have posted in the past, the above information is not correct! care to post any reference to this? Now you could argue being in prison could make it hard to meet the sponsor requirements of supporting the partner for the first 2 years, but it really depends on multiple things to the extent that your couldn't claim this such as you have.
  5. 2 points
    Yes, everything can be forged. But a receipt in the example above can be easily verified against a credit card statement. When you present 3-4 pieces of corroborating evidence it paints a solid picture. But I have always said, if the relationship is genuine, then there is always proof. We have a epidemic of shonky agents cooking up all sorts of false documentation, and a whole industry for providing fake ID's, drivers licenses etc. All this does is to clutter IMMI's desks with so much false shit, that it slows down the processing of the genuine cases. IMMI has simple rules, if there is any doubt of the legitimacy of a key document, and it cant be verified from the source, then its rejected. Nothing is assumed to be legitimate until verified. Fortunately with more and more prime evidence becoming available online, the verification task is getting simpler. IMMI case workers are very very competent at detecting fake documents, and verifying legitimate documents at the source. Very very little gets passed them. If you lie, you will be caught. Good luck with your plans, and keep us informed.
  6. 1 point
    SammyJ

    partner VISA subclass 309 application

    Rather self explanatory question i would've thought
  7. 1 point
    Many many people obtain Partner Visa's without the need of an Agent. If you are both comfortable with the moderate complexities of the paperwork, then you will be fine. Agents are very useful when language barriers exist, or complex circumstances like criminal records, missing documents or similar challenges. I suspect this is not your situation. Especially if money is tight, good agents are not cheap. The principal reason Partner Visa's applications fail are; Its not a genuine and enduring relationship (being legally married pretty much proves that criteria) You can not prove that the relationship existed for at least 12 month prior to the application being made. Living together for 2 years, and having the documentation to prove that, will meet this criteria. The applicant lies or presents false or fake documentation. There are many other criteria (character, medical etc) but based on the fact that your from the USA, I doubt that these would apply to you. From what you have told us, IMHO I think you will have no issues with a self application. BUT..... do check and recheck your application for completeness before lodging. Do your research here on what to include, plus also check the current requirements on the IMMI site as well. This is not something you rush.
  8. 1 point
    From what you have posted you would have no worries being granted a 820 visa. I would say the main reasons they get rejected is because the relationship isn't genuine, the applicant fails the character test and possibly having some medical issues. But mainly it would be about the relationship between applicant and sponsor. My wife and i aren't really social butterflies either but we go on lots of holidays and weekend trips away, go out for dinner etc etc. We just provided evidence that we went out of the house together on occasions.
  9. 1 point
    Shalyn T

    Supporting witness 820/801

    Can my family members (who are Australian citizens) be valid witnesses for Partner Visa 820/801? I am currently filling my online application and am up to Page 19 where I am required to provide 2 supporting witnesses; so Australian citizens or permanent residents that have known of me and my partner's relationship. Also, even IF I could have a family member as a witness, would my application have more weight if I provide details of a non-relative instead?
  10. 1 point
    cltxclt

    Suggestions of proof to upload

    Hi, I am so pleased to hear! Thank you for letting me know. Best of luck to you!
  11. 1 point
    cltxclt

    Suggestions of proof to upload

    I read some people discussing what to upload, and I am concerned with not being apple to provide enough proof on the Nature of the Household and financial aspects of the relationship areas. I (the applicant) have been employed for two years (and earning little), but suffered a work injury and have been out of work and waiting on a worker's compensation case result. As such, my partner has been paying for all our bills for some months, and we are disclosing this in our 801 application. Due to this, we do not much proof of an equal share of our household expenses. I am sharing what we have uploaded below, and would welcome any ideas anyone may have on what else to use on the Nature of the Household and financial aspects of the relationship. Nature of the couple's household, Evidece of: Home utilities - in both our names Proof of mortgage, in the name of sponsor Recent payslip sponsor Recent payslip applicant (shows $0 and that I have been on medical leave without pay) Government contract for applicant, showing period of employment Joint car registration Joint car insurance Joint Health insurance Nature of the couple's mutual commitment to each other, Evidence of: Legal Will sponsor, shows applicant as beneficiary Superannuation death beneficiary of sponsor: applicant Superannuation death beneficiary of applicant: sponsor Evidence of social activities together: tickets 2016-2019 Form 888 (x4) Evidence of joint travel (multiple trips) 2017-2019 Evidence of relationship: photos together 2017-2019 Couple living together, Evidence of: Utility bills in both names House and home contents insurance in both names Payment summary 2017-2018 - sponsor, shows same address Payment summary 2017-2018 applicant, shows same address
  12. 1 point
    Thailand is a part of the biometrics for Australian visa program. If you have applied in Thailand, regardless of your nationality, for one of the Australian visa subclasses that is part of the biometrics program, you will need to provide your biometrics to the Australian Visa Application Centre (AVAC). What are biometrics? Biometrics are the collection of your fingerprints and a digital facial image photograph. The process is both discreet and non-invasive, and generally takes less than 15 minutes. What visas are included in the biometrics program? Many temporary and permanent Australian visa subclasses are included in the biometrics program, including the following visas commonly applied for in Thailand: subclass 600 visitor visa subclass 309 partner visa subclass 300 prospective marriage visa Biometrics collection in Thailand If you submit your application in person to the Australian Visa Application Centre in Bangkok or Chiang Mai, you will be required to provide your biometrics at the same time that your application is submitted. There is also a service fee for the biometrics in addition to the visa application charge. If you have submitted your visa application online or by post, you will be advised in writing of your requirement to provide biometrics within a certain time. If you fail to provide your biometrics within the required time, your visa application may be refused. Making an appointment for biometrics collection in Thailand Once you have been advised in writing of your requirement to provide biometrics, you will then need to make an appointment, which can be done online through the Australian Visa Application Centre in Thailand . When you attend your appointment, you must take with you the following four things: the biometrics appointment letter. your current passport. the letter you received from the Department advising you of your requirement to provide biometrics. the service fee for biometrics, which is currently 851 Thai Baht. Where can I do the biometrics in Thailand? In Thailand you will need to provide your biometrics in person at either the Australian Visa Application Centre in Bangkok or Chiang Mai. Bangkok - The Trendy Office Building, 28th Floor, Sukhumvit Soi 13 Chiang Mai - 191 Siripanich 6B Floor Huaykaew Rd, Suthep Muang Chiang Mai I have previously provided biometrics. Do I need to provide them again? Yes. Biometrics can’t be used for multiple visa applications to Australia. Regardless of whether you have provided biometrics previously, you will need to provide them again if you apply for one of the visa subclasses included in the biometrics program, and your application is submitted in a participating biometrics country, such as Thailand. See related posts: Obtaining a Thai Police clearance for an Australian visa Australian visa processing times How much for an Australian visa Taking my Thai girlfriend to Australia Visa for my Thai fiancée to migrate to Australia
  13. 1 point
    Correct
  14. 1 point
    AFV

    Starting subclass 309 visa application

    Currently the application needs to be submitted and the visa application paid. Then the sponsorship can be submitted after that. The sponsorship will require a transaction reference number that you wont have until the application has been submitted.
  15. 1 point
    AFV

    Starting subclass 309 visa application

    If you are the applicant > Stage 1 - Partner or Prospective Marriage Visa Your partner sponsor will do the Sponsorship, which can only be done after your application has been submitted.
  16. 1 point
    Personally I don't see how registering your relationship prior to the grant of the PMV has any bearing on Condiiton 8515, which provides that "the holder of the visa must not marry or enter into a de facto relationship before entering Australia". For starters, you are currently not the holder of a PMV, so Condition 8515 does not apply. In any event, simply registering your relationship does not mean that you satisfy the de facto requirements provided for in section 5CB of the Migration Act and clause 1.09A of the Migration Regulations. I don't think you have anything to worry about here.
  17. 1 point
    You forgot refuses to listen to provided help as it's not what they want to hear! but otherwise your spot on with your assessment.
  18. 1 point
    @Nightcall Hahaha I see what you did there.
  19. 1 point
    No need to apologize for anything, your post is very hard to understand and doesn't make a lot of coherent sense!, not to mention of no relevance to your situation, but rant away if it helps. As has been suggested multiple times before, you really should engage a lawyer in the matter if you wish to seriously pursue it, as you have a very poor understanding of the legal arguments involved and how the legal system works in Australia. If you just want to fight it on your moral grounds and your distorted view of how things should be, go ahead that's your right. You will have a hearing coming up on the EoT, I expect it will be an enlightening experience for you.
  20. 1 point
    Aussie_83

    Substantive Visa?

    Yes the tourist visa is substantive. Note the 820 is not a bridging visa
  21. 1 point
    They would be better off putting the money on red/black on Roulette at least they would have 48.60% chance of good outcome.
  22. 1 point
    Your understanding of the process is a fantasy, lawyers charge government the same rates they do people, to look at you case and respond such as the lawyer that sent you the email, their bill so far will be in the thousands? who do you think pays for this? Your very naive in how things work with the legal system. Hiring more staff cost money that needs to be paid for by Australians. As I said if they were given the details of your case they would most likely want you deported, instead of paying to defend a pointless legal case. The money for filing a case would at best estimate be about 5% of the total cost involved in hearing a case. But let's take your approach, have people such as yourself who apply to the AAT pay the actual cost incurred. Take your case as an example, it would currently be in the region on $5,000 to $15,000 an you haven't even gotten to the appeal stage. So you're currently in debt to the Australia people for this amount. Get to the outcome of the appeal, the cost would be in the $50,000 to $100,000 plus range. And you have only paid $900? but morally owe the Australia people in excess of $45,000? as a moral person (as you claim to be) I am sure you will pay this extra amount will you not? If that's true and I highly doubt it, you can afford legal representation to fight your moral cause.
  23. 1 point
    Not making it complicated at all, you have no legal case from what you have posted. The flow on effect is that the AAT have limited resources, people like you bringing pointless cases to the AAT has a flow on effect that those that have legitimate cases are pushed back or delayed to hear case like yours that have no legal basis, nor likelihood of success. Add to that the cost to the government to defend these cases which Australians must pay for. Their are case are such as parents seperated from children, partners separated from each other due to no fault of them, People that have had partners die during the process etc that get delayed due to people such as yourself, because you believe your moral values are that important. You haven't given any valid reason why you need Australian citizenship now instead of waiting another 4 years when you could apply again. I dare say if you put your case to most Australian citizens, they would on "moral grounds" want you deported and denied from ever applying for citizenship. You are lucky that Australia's legal system doesn't consider "moral grounds" in how they apply the law.
  24. 1 point
    As I have said before you have no apparent legal case against the refusal nor do you have one for the EoT. Your moral ground is of no relevance to the proceedings and are subject to cultural relativism that you fail to understand. In my opinion your wasting everyone's involved time, but that's your legal right, but I hope you at least consider the flow on effects of you exercising this.
  25. 1 point
    No it wouldn't make more sense, Australia's legal system is adversarial by nature. The respondent or their legal team have no interesting in helping you to win your request for EoT, in fact they don't want you to be successful. So why do you think they would help you with your case?
  26. 1 point
    Here is a couple to start with! Is an absolute truth possible? Are we living in a computer simulation?
  27. 1 point
    A joint account isn't necessary nor is it a requirement for Partner visas. Its all about combining and sharing your financials which you have done by highlighting who pays what etc etc My wife and i don't have a joint account and we went through the PMV 300 and 820 process just fine
  28. 1 point
    I agree, I feel MARA may have lost some of its integrity.
  29. 1 point
    Clear your cache and cookies ect then try. It's surprising how many things that fixes
  30. 1 point
    Try different browsers, say Chrome and Internet Explorer.
  31. 1 point
    AFV

    Partner visa question

    If the relationship with the previous partner has ended, the visa holder must ensure that the Department has been notified of this. In fact it is a legal requirement to notify the Department of these change in circumstances. If they are later seeking to rely upon your relationship with this person at this time, the Department will be aware of what that persons visa status was at this time. For a partner visa you must be either legally married or in a de facto relationship. For de facto, the relationship must have existed for at least 12 months immediately preceding date of application unless you have registered you relationship and then the minimum 12 months does not apply: See also Exemption from the one year relationship requirement for de facto visa . Note: Common to both (married or de facto) is that the relationship must be assessed against the relationship criteria provided for in the Migration Act and Regulations.
  32. 1 point
    I understand that IMMI, the Attorney General and the AFP have FINALLY announced their plans to establish a task force to close down all these scam visa shops, fake agents and Visa scammers. I only read a short article in a Govt Gazette, but it indicated that they will be targeting onshore offenders and selected offshore offenders with the cooperation of that countries local police. Thailand, Malaysia and India were mentioned as the first countries that will be of interest. I will try to dig up more information, and post it here, as this all would imply that we may have a meaningful 'dob in a visa scammer' service. I can think of almost 30 scam operators I would love to see shut down.
  33. 1 point
    Gotta love 1960's Sydney Architecture, such class. 😉
  34. 1 point
    Will have no impact at all. If anything it will add some support to your relationship's authenticity. Although 'engagement' is not a legal status, the accompanying expense, parties and gatherings add credibility.
  35. 1 point
    Yeah, the USA PCC system is a mess. The FBI and some US States need fingerprints. You are incorrectly looking at a public search database, but what you needs is a clearance certificate. Here is the Texas State Gov form and proceedure for a PCC. https://www.dps.texas.gov/internetforms/Forms/CR-63.pdf
  36. 1 point
    No. It does not state that. But it does mean you cant be a non-discharged bankrupt or in prison (as far as we know)
  37. 1 point
    AFV

    Registered relationship

    This is not an issue, just provide the relationship certificate as soon as you receive it. We recently had a client register their relationship in NSW. After the 28 day cooling off period, it takes a further 8 weeks to get the certificate. 8 weeks to print a piece of paper. Just FYI the relationship can even be registered after the partner visa application has been made. There is no requirement in the Migration Regulations for the registration of the relationship to have taken place prior to the date of the visa application. See also: Exemption from the one year relationship requirement for de facto visa
  38. 1 point
    Yes that is true. I kinda forgot about that. My point was more that they would have to outlay another $7+k
  39. 1 point
    AFV

    Offshore or Onshore - Advice

    If you apply offshore, you will need to apply for a visitor visa if you want to visit Australia during the processing period. You will need to comply with all of the conditions of that visa, including maximum stay etc. If this suits your circumstances, then this may be a preferable option for you. I am not sure what you mean by applying in Australia freaking you out. If you are able to apply in Australia you will be granted a Bridging Visa A which will allow you to remain lawfully in Australia until a decision is made on your partner visa application. Again, if this suits your circumstances, then this may be a preferable option for you. What concerns do you have between onshore and offshore?
  40. 1 point
    Generally an AFP National Police Check is processed very quickly, and 48 hrs is from our experience too. When you apply online you will have the option to select a mailing address in Australia. The AFP National Police Check is valid for 12 months from date of issue for immigration purposes. When applying online, ensure that you use the actual AFP website and not one of the third party ones that looks like the AFP site, but charges in some cases more than double the current $42 fee. Also for Purpose of Check select > Purpose Type > Commonwealth Employment / Purpose > Purpose of Check > 33 Immigration/Citizenship - for supply to the Department of Immigration and Border Protection
  41. 1 point
    AFV

    Contributory Parent Visa (Subclass 143)- BVA

    As Aussie_83 has said a Bridging visa does not apply in these circumstances as they have made an offshore application. Your mother's current visitor visa has Condition 8558 attached, which is the "only stay 12 months in any 18 months period". How long is her visitor visa valid for? I agree that the new subclass 870 may be an option, but need more details on her current visa.
  42. 1 point
    Short answer is no. The bridging visas is when you are onshore already and then apply for a eligible visa. The new parent visa 870 would probably be your best bet.
  43. 1 point
    I agree with you on the term "Buddhist Marriages" is an incorrect usage by foreigners regarding Thai marriages for many of the reason you list as well as others. Although I am not sure where you get “legally registered marriages have only existed for the last 40 years” from? as marriages where first registered in Thailand in 1913 after King Rama VI became King (1912) although the law was established in 1904. The marriage law was called พระอัยการลักษณะผัวเมีย. Although this was more as the woman's right to register under her husbands surname, which was considered a marriage registration, although this only applied to palace law (court officials etc), not ordinary people. Modern Marriage registration (that applied to ordinary people) became legally recognised and legally registered by the state in 1935 under the Family Registration Act. I agree its culturally acceptable in Thailand, but its not legally recognised. Dazza isn’t also legally married in Thailand, and while children of the union are recognised legally in Australia, they are not legally recognised in Thailand as his children. Which can cause all sorts of issues. Except for cultural/family/local community issues, Dazza isn’t subject to any conditions in relation to the “traditional marriage“ Not sure where you get your information, but this is not the case, de facto, traditional marriage or civil union are not legally recognised in Thailand in anyway. So not sure how or why you think they need to “formally annulled” How would they go about getting this “formally annulled”? as Thai law doesn't even recognize annulments/voiding of marriage for these reasons? I don’t believe they are “mind blowingly complex” just different. Again, not sure where you’re getting your information, but a de facto, traditional marriage or civil union is not recognised as equally legally in succession law in Thailand. In fact, they are not recognised at all. A spouse in Thai law is only a legally married partner. Family of the deceased don’t have total rights to the estate over widows (legally married) or children of the deceased. Succession law in Thailand is basically dealt with like this. They are two kinds of statutory heirs, the spouse (only if legally married) and any of the following relatives which run in the following order 1. Descendants 2. Ascendant 3. Brother or sister of the same mother and father 4. Brother or sister of the same mother or the same father 5. Grandfather and grandmother 6. Uncle and Aunt The estate is split between these two types of statutory heirs So, if there is a spouse, the share of the estate is split equally between the spouse and any descendants. If no descendants, its goes down the list splitting up to various degrees. Again, not sure where you’re getting your information, but they don’t apply to traditional marriages, but some of the above do apply to a betrothed if Khongman has been given. Some of this could be correct as Thai law does allow for maintenance, although I doubt they would go to prison over it as debtor aren’t imprisoned in Thailand. I agree, traditionally disputes are handled by the village elders (phu yai baan) or even the Kamnan. Thai police and village Phu yai Baan’s/Kamnan encourage restorative justice. But parties in the dispute are not bound to partake or agree to it and the matter will go before the law courts if need be.
  44. 1 point
    Hi All, Today we received RFI - health examination only does this mean our visa is in good progress ? how long after submitting the health check will the Visa be decided ? Please share if you have any updates to your case Thanks
  45. 1 point
    Australian visa processing times vary depending upon the subclass of visa that you are applying for. For most visas subclasses the Department of Home Affairs provides an indicative processing timeframe which is updated monthly and available on their website. On the Department’s website, two processing times are displayed in calendar days, indicating how long it is taking to finalise 75 and 90 per cent of applications submitted globally. For example, the Department current advises that for subclass 309 partner visa applications, 75% are processed in 15 months, and 90% are processed in 20 months. Processing times for a particular subclass can vary enormously too. For example the Department currently advises that a Resident Return Visa is processed between 2 and 57 days. Therefore if you are an Australian permanent resident who needs to renew their Resident Return Visa you should do so at least 12 weeks prior to any travel where your Resident Return Visa will be required. Australian Visa processing times are indicative only It is important to note that processing times are indicative only and vary for a variety of different reasons, including, application volumes, seasonal peaks, complex cases, and incomplete applications. An example of a seasonal peak for those from Thailand wishing to visit Australia on a tourist visa would be during the Songkran period (Thai New Year). It is advisable to submit your tourist visa application at least one month before your proposed date of travel to Australia, and never make any bookings (flight and accommodation etc) until you have confirmation that your tourist visa has been granted. The Department will not prioritise your tourist visa application because you have flights or accommodation that you cannot cancel. I am applying for a partner visa. Is my application considered to be compassionate and compelling? By the very nature of family visas, it could be said that compassionate and compelling circumstances exists that warrant applications being prioritised. However, this would simply not be possible for all family visas. Of course, every applicant and sponsor want their application processed in the least amount of time so that they can be with their loved ones. The Department processes family migration applications in a processing priority order regardless of when an application is lodged and in line with the Government’s policy priorities. To be considered for priority processing an applicant circumstances should be more compelling and compassionate than that of the majority of other family visa applicants. For example, being pregnant is no doubt compassionate and compelling, but would not generally in itself amount to an application being given priority processing as there would be a significant number of other applicants that are also pregnant and in the same of similar circumstances. If the Department was to give priority processing to one applicant who was pregnant and not the other, then this may be seen as unfair. It should be noted that all requests for priority processing will be assessed on a case-by-case basis. It is important to submit all available evidence that supports your request. We have previously had success with a partner visa applicant from Thailand who we requested priority processing for. The applicant had applied for a subclass 309 partner visa. During the processing period the applicant’s husband (sponsor) was diagnosed with a terminal illness. Evidence of this was provided to the Department who agreed that compassionate and compelling circumstances existed to prioritise the applicant’s partner visa application. Although the Department agreed to prioritise the applicant’s partner visa application, it was still necessary to provide a complete application that met all the criteria for the grant of the partner visa. This also included the required health and character assessments. Read more at Thai Visa Express
  46. 1 point
    AFV

    Financial aspects - living as caretakers

    When assessing whether a genuine spouse or de facto relationship exists, ALL of the circumstances of the claimed relationship are taken into consideration. The Migration Regulations provides too for certain circumstances to be considered, and one of which you have touched on being the financial aspects of the relationship, including: 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. It is important to note that it is not expected that and applicant and sponsor will be able to tick every box so to say. In just a few sentences you have described your living arrangements perfectly in my opinion. I would simply broaden on this in your personal relationship statements. You might also want to consider getting a statement from the landowner detailing the situation you have described. If we can be of any assistance please do not hesitate to contact us at Australian Family Visas
  47. 1 point
    Todd I certainly understand your disappointment with regards to your Thai girlfriend's tourist visa application being refused. However should you marry her in order to get her to Australia quicker? Absolutely not? Not only is it wrong on so many levels, it wont help her, or yourself for that matter either. What you are suggesting is a "Thai Bride" scam. Being legally married or in de-facto relationship is only one part of the partner visa application process. the Department of Immigration and Citizenship (DIAC) must be satisfied that you and your partner are in a genuine and continuing spousal relationship. There are many factors that are taken into consideration in determining whether a genuine relationship exists. I guess what I am trying to get at, is that a piece of paper stating that you are legally married does not automatically entitle your girlfriend to a partner visa. It simply proves that you are legally married to each other, but DIAC requires a ot more than that to be satisfied before they hand out Australian permanent residency. I note from your other post that you have known your girlfriend only since April this year, that is not a long period of time at all. Why in any event would you want to rush straight into marriage? My advice would be for you to look at the reasons why her tourist visa was refused, and try to address those reasons in a further application. Dont rush into another tourist visa application. Take your time and address the reasons for the refusal.
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