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Nightcall last won the day on May 15

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About Nightcall

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  1. Truth corresponds to the fact so provided and as there are no facts, only interpretations, truth is therefore an interpretation. What is certainly different between cultures, is a lie and to which people or situations you are morally beholden to. Different cultures also have different definitions of what is a lie, and who it is appropriate to tell what kind of lie to. I disagree on this, truth and accuracy in Australia is about "face" or "status" much like any where in the world, honesty and transparency isn't any more important than any other country. The public service applies laws unbiasedly, as an example, if you admit to spending 30 years in gaol for murder, being honest, accurate and transparent plays no part in the decision as the decision is governed by the law. The issue like any country is about knowingly providing false information. The problem people from other cultures face is knowing when the can lie and when they can't and what they can get away with. Without knowing how the system works its a very hard thing to do, much like a foreigner doing the same in their country, they also don't know or underestimate the data matching/information we are able to access in Australia so falsely believe they can get away with the deception.
  2. Nope as long as you disclose it, if anything its good proof of your relationship and should work in your favor.
  3. Just to add, a missing piece that many over look with these changes is the purpose. The purpose of the changes was to address domestic violence issues and the power imbalance that the current partner visa process can create. Women on a temporary partner visa are statistically overrepresented in domestic violence instances and prior to the changes their was no checking that the sponsor was a suitable person to be giving this power imbalance too.
  4. There is no requirement to be in the same country or currently living together to meet the the de facto requirement. The requirement is more nuanced. To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they: are not married to each other have a mutual commitment to a shared life to the exclusion of all others are in a genuine and continuing relationship live together or do not live separately and apart on a permanent basis are not related by family.
  5. Why a family sponsored tourist visa? an unusual choice! Apply for a 12 month visa, given you have applied for 309 it shouldn't be an issue. Given your applied for a 309 visa, supplying evidence of leave from an employer shouldn't be necessary. Just get the employer to provide a letter that they are aware of the situation and are happy to grant any necessary leave. The answer would be yes as they have applied for the 309 visa. The reason they ask is to check past history. Applying for a 309 gives a good reason to comply with a tourist visa and a very good reason to leave Australia. Your answer should be Yes as you have arranged for it.
  6. Agree, Australia would also be enough as applications are centrally processed anyway.
  7. The laws came into effect then giving the minister power to make the requirements, doesn't mean that the requirements, processes will or need to be implemented. Not many people bother to read the Acts or Regulations to know what the changes are or what they mean. Basically the changes are the the Minister must approve a person as a family sponsor and that the regulations must prescribe classes in relation to which a person may be approved as a family sponsor and the regulations may establish a process for the Minister to approve a person as a family sponsor. So it's up to the Minister and the government as to how quickly or not they wish to enact the requirements
  8. It is intended for that, but due to the delays in processing its almost becoming a bit of a joke. If you look at the current time frames, it's around 14 months. So according to the PMV you have 9 months to get married after being granted, but processing takes 14 months plus. Many years ago the PMV was processed in about 6 months or less. Getting married doesn't defeat the process, it simply moves you into consideration for the partner visa. Not at all, the requirement is you do not live apart on permanent basis, given I assume you will live together from April 2020 it's only a temporary basis. People often get caught up on the time together for a partner visa, if married or in a registered de facto relationship this doesn't in theory apply. What applies is that the relationship is genuine and ongoing. Basically that you're in a genuine and ongoing relationship with the person. Think of it this way, how would you prove this to someone who knows nothing about you? Immigration gives you very good guidance on this such as a statement about your relationship that describes: how, when and where you first met, how the relationship developed, when you became engaged or married, if applicable joint activities periods of separation (reasons) significant events in the relationship your future plans together. documents that show you and your partner share financial responsibilities, for example: mortgage or lease documents showing joint ownership or rental of property, loan documents of major assets such as homes, cars or major appliances in both names, joint bank accounts, household bills in both names documents that show that you and your partner share household responsibilities, for example: a statement about the way housework is distributed,household bills in both names, mail or emails addressed to both of you joint responsibility for children your living arrangements documents that show your relationship is known by others, for example: joint invitations, going out together, friends and acquaintances in common, proof that you and your partner have declared your relationship to government bodies, commercial or public institutions proof of joint sporting, cultural or social activities proof of joint travel. documents to show you are committed to each other your long term relationship, for example: knowledge of each other’s personal circumstances such as background and family situation. You could tell us this at an interview. documents that show you have combined your personal matters the terms of your wills letters and phone bills that show you have been in contact when apart. Supply as much evidence to address these points as you can and if you can't statements to explain why, hence the time between applying for the PMV and getting married/registering the relationship gives you time to gather this evidence.
  9. Sorry but I disagree, your english language may be very good in a general context but immigration is in a legal context, not that many english speaking natives would necessary understand the legal context. You are questioning things that have a legal context, but applying a general context. I do think that it's good that you are attempting it. In a legal english context this makes perfect sense, resided in a legal context this means all countries you have be situated in for a period of 12 months or more. Again pretty clear, it means any country you have visited in the last 10 years with a total period (added up) of time less than 12 months. So you would list Australia as a country you have you have resided in for more than 12 months in total. Doesn't matter if your address changes once in that period or 365 times. It is apparent to those that understand the legal context of the question. The answer is, if you have spent more than 12 months in total in that country, you need to inform immigration. They also what to know the addresses you stay at in that country during that 10 year period. The purpose of wanting the information is to do background checks on you with that country to see if you meet the character requirements of a visa to Australia.
  10. I want to hear about the this mythical 1%, but I can't because most of my systems are still on DOS and don't have that capability to access this thing called the intarweb.
  11. It's pretty straight forward, if you resided in a country its means you been situated in that country for more than 12 months, if you visited it means you only stayed there on a temporary basis, less than 12 months. I am assuming by your username, english isn't your first language, so can understand the difficulty with the nuance of the english language. While I support your effort in doing the application yourself, you seem to be struggling with some very basic aspects of the process. I would suggest you look at engaging an agent like @Bridge @AFV etc to have a quick look over you application.
  12. @akarosco Thank you for the additional information, this information makes it easier to give more accurate information and saves time instead of giving very general information that may or may not apply to you and doesn't waste my time. It's not just because I am being nosey, all of those points have a bearing on the application. (happy to explain why if you have questions) Given your partner is from Malaysia and can get an ETA visa and that she can't come to Australia on permanent basis until 04/2020. I would suggest you consider the PMV (300 subclass) visa and do the following. Apply for the 300 now as you more than meet the requirements. When she comes over in August, get married (even if only on paper as such), inform immigration of the marriage and request that you be considered for the partner visa. The advantage of doing it this way. Its low risk for refusal for PMV/partner visa Its the same price as doing the partner visa, but allows you time to build evidence for the partner visa. You also won't need to pay the $1200 when applying for the partner visa after getting married. (if you inform immigration before the PMV id granted that you are married) It gets the process underway now instead of August Your partner will be able to come to Australia on an ETA visa, as much as she wants (complying with the 90 days ETA conditions) until the PMV/partner visa is granted, even direct turnarounds. The other option is that you wait until April 2020, she comes to Australia (with her child) on an ETA, you get married and you apply for a partner visa. The advantage of this way is she get a bridging visa straight away with working rights. The disadvantage is that you will need to present a very good application, unless you can get the time spent together in person to around 12 months before than. @AFV or @Bridge as visa agents should be able to assist presenting a very good application with this very easily for a fee, or you can do it yourself, if you spend the time and effort and have the capabilities, but it needs a very good knowledge of the system but as you work in Government I am sure you understand their is way they like things presented that takes experience and knowledge to understand. The other disadvantage is that currently the government is in the process of introducing pre-approval of sponsors and no-body (not even immigration) know what this my look like in the future. But given the long timeframe you have until she can move here and the ETA visa she can get it shouldn't be a major hurdle. One thing to do now is get the father of the child to complete/sign a form 1229 Consent to grant an Australian visa to a child under the age of 18 years https://immi.homeaffairs.gov.au/form-listing/forms/1229.pdf As if things turn sour with him, its a very very very hard process to get a visa for the child without the fathers permission especially given the circumstances you have outlined already
  13. Don't know you haven't given very many details. such as Age of parties length of time known Length of time in a relationship Reason for only 18 weeks together in person. How you met Parenting arrangements with the child (ie were is the father and their involvement) Living arrangements Family/friends acceptance/knowledge Your relationship with your partner, can you meet this requirement? Employment type and status of both parties Why are you waiting until 2020 to get married Get you partner to come here asap, get married/register relationship and apply for a partner visa straight away. If you meet the requirements of a partner visa. I can't see any value in applying for the 300 visa, it would be better to apply for the partner visa (after getting married or registering the relationship) unless you can't meet the relationship requirements, but given the timeframe you have known each other you "could" meet it. The 300 visa is the safest option, but you will spend a long time apart or traveling back and forward until its granted. This maybe a complication depending on the status/involvement of the father.
  14. Doesn't matter if onshore or offshore, as your converted to a 309 or more correctly, converted to being considered for a 309. Of course when the time comes for the decision on the 309 you will need to be offshore.
  15. OK then, you would have trouble meeting the partner visa requirements, based on time spent together. Not impossible but hard. Best option is the PMV or spend another 4+ months together in person. Good news is you meet the requirements of the PMV, bad news is the processing time is 13+ months. Options. Spend 4+ months together in the US (or somewhere else) and apply for the partner visa Partner comes to Australia on an ETA visa, spends 3 months here, registers the relationship and at the end of the the 3 months applies for a partner visa. Partner comes to Australia on an ETA visa, spends 3 months here, you get married in that time and at the end of the the 3 months applies for a partner visa. Apply for the PMV now, partner comes to Australia on a ETA visa spends 3 months, leaves Australia, comes straight back spends another 3 months and then request the the PMV change to a Partner visa after you get married or register the relationship. Apply for the PMV and wait it out. Number 1,4,5 and are the safe options. Number 2 is doable if you have good evidence to prove your relationship is genuine. Number 3 is the better option (if you wish to get married) and better than number 2, as Australia is still a bit old fashioned and takes marriage more seriously then a de facto. (but you will still need a lot of evidence) The key points of a partner visa is that the relationship in genuine and ongoing, not the time frame, but you need to be able to prove this to a completely neutral third party who doesn't know you. I leave it @Aussie_83 to add or correct anything I have missed.
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