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Everything posted by Nightcall

  1. Sorry, I transposed the the numbers, it's meant to be 820 not 801 in my post about being in the country when granted.
  2. Nightcall

    Do we meet De-facto requirements?

    The other issue is that you need to explain the times that you lived apart during that 12 months and meet the requirement that all of these time were only temporary and you where still in a de facto relationship and can evidence it. It a big risk doing this way as all it takes is for immigration to decide that 1 day out of this 12 month requirement you didn't meet the de facto status and its no longer 12 months as de facto couple. In your circumstance I would be more focusing on evidencing that you where/are a de facto couple then worrying about the timeframe, as that will be the bigger hundle as its not as simple as just saying you are.
  3. Nightcall

    Do we meet De-facto requirements?

    Yes, 12 months plus 1 day, if you meet the other requirements and can evidence it.
  4. Nightcall

    Do we meet De-facto requirements?

    Agree with AFV ^^^^ Have a read of this https://www.bdm.vic.gov.au/sites/default/files/embridge_cache/emshare/original/public/2017/07/0c/a5bee6d24/Application_Registration_Domestic_Relationship_AUGUST_2017.pdf
  5. No, but you must be in Australia for the 801 to be granted. Yes, immigration don't care which countries you spend your time in, but if you spend more than 12 months in any one country you will require a police clearance/check from that country for your 801 visa.
  6. Nightcall

    Does my foreign partner require a divorce?

    It doesn't remove the marriage, it allows people married overseas who live in Australia to divorce in Australia and this divorce is valid in Australia the same as a normal Australian divorce. Although the Australia divorce is valid in Australia, the divorce will not be recognised or valid in the Philippines.
  7. Nightcall

    Do we meet De-facto requirements?

    You're not in a de facto relationship until you live together. This is the definition of a de facto relationship under the Immigration Act. 5CB De facto partner De facto partners (1) For the purposes of this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if, under subsection (2), the person is in a de facto relationship with the other person. De facto relationship (2) For the purposes of subsection (1), a person is in a de facto relationship with another person if they are not in a married relationship (for the purposes of section 5F) with each other but: (a) they have a mutual commitment to a shared life to the exclusion of all others; and (b) the relationship between them is genuine and continuing; and (c) they: (i) live together; or (ii) do not live separately and apart on a permanent basis; and (d) they are not related by family (see subsection (4)).
  8. It's actually a right if you meet the requirements, its just that some people don't understand the difference between a privilege and a right.
  9. Nightcall

    Frequency of entry into Australia on 600 tourist visa

    Yes, but doesn't apply to your circumstance, generally you can't spend more than 12 months out of every 18 months in Australia.
  10. Nightcall

    Advice for best visa route to take

    Being married means a bit more than you give it credit for, it's certainly a higher standard than a defecto for the same time frame as its a legal statement of the relationship which a defecto may not meet. I do agree that very little or no weight is given to people who believe they are in a relationship when they haven't met personally. Frankly it's a little delusional to claim this to a reasonable person. I agree that the PMV is most likely the better visa option here, but that's not entirely based on what's the better visa option, but more personally.
  11. Nightcall

    New York State Police Clearance

    Yes of course it's the unsuppressed version, although most of the info that's generally suppressed won't make that much of a difference anyway. Convictions and sentenced terms are more important.
  12. Nightcall

    Front Loaded Partner Visas Approved Faster?

    Yes, generally it will be faster as they don't need to request further information. But as has been said, you run the risk of having to do the police/medical again if they expire. That being said they generally are a small amount of money compared to the visa cost and some are more than happy to take the risk for a small sum.
  13. Well they can if they aren't in Australia or an exempt person. Without knowing what AFV edited in the post how is this any different from your post or others? as immigration assistance pretty much covers what everyone on this forum does. Also being a registered MARA only means they meet the government requirement to be registered, doesn't say anything about their capability or ability, it's a bit like saying all taxi drivers have the same capability or ability to perform their role because they hold a government driver accreditation.
  14. No I don't, I would give it one more further visit. For your information the only way that your girlfriend will get a visa is to show you're in a serious relationship, she would never get one on her own accord. Another thing to keep in mind in regards to this is that they don't grant 2 week visas, normally it's a 3 month visa or longer, so keep that in mind that in effect your applying for a 3 month visa, so the connection between you needs to be stronger than you have. Visa's are an involved process when your girlfriend has this sort of background, it's not judgemental by me and can be done, but it's involved. TBH, 10,000 baht a month isn't a good demonstration of support, maybe over a few years, but not in the short time you have known each other. To get a visa you need to build evidence of how serious your relationship is, demostrarte serious support, demonstrate that it's just not a fling. Feel free to PM me if you wish as I have a soft spot for your girlfriends region.
  15. But a person such as this would raise numerous indicators as the required amount of money that they need of their own isn't inline with their income. I believe it's better to explain the situation and provide evidence of support to similar amounts that is required over an extended period. To the OP if still reading 6 months isn't an extended period and 10,000 baht per month isn't enough to meet this requirement. Thais have a fairly low non-compliance rate, especially those in relationships with Australian citizens so I don't believe it's that good a reason. But given the strictness of visa issuing for Thai's, it's a causality dilemma.
  16. I wish people would stop using this sophism. The actual requirement is the applicants must have adequate means to support themselves, or access to adequate means to support themselves, during the period of the applicant’s intended stay in Australia. This would need to be proven of course. I would love to hear what this good reason is?
  17. To answer that question, I suggest you have a read of my thread here:
  18. Nightcall

    Non migrating members of the family unit

    Sorry if my context wasn't clear, I was referring to what is a sibling. Obliviously if they ask for step brothers and sisters they need to be included.
  19. Nightcall

    Non migrating members of the family unit

    Doesn't include step brothers/sisters, as your sibling is someone who has at least one biological parent in common with you. So half brothers/sisters are siblings.
  20. Yes it will be a problem, how much depends on factors you haven't mentioned in your post so can't given an opinion. Yes the application will ask the question, if you lie and are found out you will be subject to a ban period. There is an exit system, every country has one.
  21. Nightcall

    Bridging Visa ( what are my odds)

    For a partner visa, no they can't. The name kind of gives it away, a partner visa needs to be sponsored by your partner.
  22. Nightcall

    Bridging Visa ( what are my odds)

    Thats incorrect, there is no problem with your wife sponsoring you with the offences/outcomes you have listed. See this thread for more details, disregard the posters question and topic name, have a read of the answers in explaining the requirements around sponsors and criminal offences as the answer to your question is covered here in more detail.
  23. Nightcall

    Australian citizen by decent

    Aussiedude has explained it well. A good option is to approach this from another angle, apply for child support first and then citizenship as child support will be the most helpful in the short term and once proven can be used to help when applying for citizenship. To prove parentage for child support you need to meet these requirements. A person is the child’s biological father if: they’re named as the father on the birth certificate or adoption certificate they sign a statutory declaration (a legal document) saying they’re the father the child was born during the marriage the child was born within 44 to 20 weeks of when the mother and father lived together the court makes a declaration (finding) that a person is a child’s father and/or that a person is liable to pay child support for a child. The court can order DNA testing, but the father can refuse to do it, but basically if they do refuse the court will most likely rule that they are the father based on the refusal (considering you supplied other evidence) Have a look here for more information (disregard thats its a Queensland site as its a federal law) http://www.legalaid.qld.gov.au/Find-legal-information/Relationships-and-children/Child-support-and-maintenance/Proof-of-parentage And look here for applying for child support. https://www.humanservices.gov.au/individuals/subjects/child-support-when-parents-and-children-live-outside-australia#a1
  24. It's unknown, waiting on the government to do a proclamation, if that doesn't happen, then it will come into effect on the 11 June 2019. ASAP! Here is a link to the new Act. https://www.legislation.gov.au/Details/C2018A00162
  25. I am relatively new to this forum and there is lots of accurate and useful information here for people. The problem is that some information is inaccurate, misleading or incorrect. I don't have the time to go through every post correcting things, so I thought I post the Official Department of Home Affairs PAM3 GenGuideH - Visitor visas - Visa application and related procedures. That way everyone can read what the official procedures are, keep in mind this is updated from time to time and may not up to date when you read it. http://www.mediafire.com/file/brd7lnkbttjp2e9/Nigthcall_PAM3_Visitor_Visa.pdf/file