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Luke G

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    Registered Migration Agent

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  1. I am a Registered Migration Agent based in Australia. Please feel free to contact me to discuss any visa options that may be available. Contact me at Australian Visa Advice
  2. Your parents are near relatives, and it does not matter that they are in another country. Unfortunately you would not meet the criteria for a remaining relative visa.
  3. That is not the case. If she wants to travel to Australia during the processing of her offshore partner visa, she just needs to apply for a visa which permits her to do so, such as a visitor visa, or depending on her citizenship an ETA. Just remember that she must be outside of Australia at the time of decision of her partner visa application. See also: Can I apply for a Visitor visa while my Partner visa application is processing?
  4. Good advice with the 8503 waiver request. However unlikely that it would be decided in time. My last 8503 waiver request took 6 weeks to be granted. If a waiver request is not decided before an applicant's current visa ends, they will then become an unlawful non-citizen.
  5. @Electric Sheep mentioned paperwork. Perhaps meaning getting any document translations done if need be, and then submitting the NOIM in time. Getting married is not something that can be done in a few days. Some people leave it too late and their visas ends before they can legally marry. However agreed, quite easy to get married in Australia.
  6. As AFV has said you would not meet the de facto criteria. You may therefore want to consider a prospective marriage visa.
  7. If an applicant is able to apply in Australia, then they are permitted to remain in Australia on a bridging visa until their partner visa application is decided. If they apply offshore, then they must be offshore at both time of application and time of decision. If they want to visit Australia during the processing period, then they will need to be granted a visa which permits them to do so, a visitor visa for example. Further information can found here: Australian Partner visa for Filipino wife
  8. She would not be eligible for a sponsored family visitor visa as you are either not married to her, or are not her de facto partner. The appropriate visa would be a subclass 600 visitor visa under the tourist stream. If condition 8503 is attached to a visa it prevents the person for applying for another visa whilst they are in Australia. If they want to make a further visa application, say a partner visa application for example, then they will have to do so once they are outside of Australia (offshore). For more information see here: What is Condition 8503?
  9. Agreed. After the partner visa application has been submitted you with then have the Application ID or Transaction Reference number, either of which is then needed to submit the sponsorship.
  10. Im not sure that I agree with that. She needs to have a confirmation of enrolment (CoE), overseas student health cover (OSHC), sufficient funds to cover her study and also must provide a genuine temporary entrant letter (GTE). Just putting it out there, so if she was applying for a 3 year student visa, is she expected to have a job to return to. I don't think so. Please feel free to contact me directly if I can be of assistance here.
  11. It is primarily an assessment of her circumstances that will determine whether she meet the genuine temporary entrant criterion which can be found in clause 600.211 of the Migration Regulations. Many factors are taken into consideration, including, but not limited to her nationality, employment, age, family ties in own country, previous immigration history/compliance. Whilst your letter of support may assist her application, it is up the Department as to exactly how much weight is attached to your support. Additionally, to apply for a partner visa in Australia, she must be in Australia at time of application and holding a visa which does not have the condition 8503 no further stay attached. To be eligible for a partner too, you must be either legally married or in a de facto relationship, and meet the relationship criterion which can be found in the Migration Act and Regulations. Please feel free to contact me directly if I can be of any assistance in obtaining a visitor visa for your girlfriend from the Philippines to visit Australia. You can also read more related information here: Taking my Filipino girlfriend to Australia for a holiday
  12. As Aussie_83 has rightly stated, your partner will have significant issues with regards to satisfying Schedule 3 of the Migration Regulations which concerns the additional criteria applicable to unlawful non-citizens and certain bridging visa holders. Please do not hesitate to contact me directly for a consultation. The Schedule 3 requirements were discussed recently in this related post: Non substantial visa holder applying onshore for Partner visa
  13. What visa subclass has she applied for, and what period of stay in Australia? Her application would have asked both health and character questions. Was her response in relation to a character question, such as the following: Q. Has any applicant ever served in a military force, police force, state sponsored / private militia or intelligence agency (including secret police)?
  14. If there is no substance to the allegations then you should not have anything to worry about. Unfortunately though, by the the very nature of the Department making further inquiries this will inevitably delay any decision. On a side note you have detailed evidence of your relationship since the application was submitted on 15 Jan 2019. However you have not provided any details of your relationship prior to this, other than that you were married in November 2018 two months prior to the partner visa application being submitted. It is a requirement that you and your wife satisfied the spousal relationship criteria at time of application. Have you provided sufficient evidence of this?
  15. It would help if we knew exactly what visa subclass you are referring too. However most, if not all temporary visas require an applicant to evidence at time of application that they have adequate funds.
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