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Bridge last won the day on December 14 2018

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About Bridge

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  1. Bridge

    Forum Offline

    We had a problem with the DNS settings for the forum, causing us to go offline for several hours. All fix now and we are up and running. Sorry for any inconvenience caused.
  2. Bridge

    Non migrating members of the family unit

    It has always been my understanding that siblings refers also refers to both step and half.
  3. Bridge

    switching from PMV to Partner visa onshore

    Every visa has a class and subclass associated with it. You can find the visa class Schedule 1 of the Migration Act and the subclass in Schedule 2 of the Migration Act. Partner (Migrant) (Class BC) the subclass is subclass 100 Partner (Provisional) (Class UF) the subclass is 309 As you have been told the provision relates to the application being treated as an offshore partner visa application.
  4. Bridge

    Visitor Visa Subclass 600 - Decision Waiting

    Absolute incompetence
  5. Bridge

    Cover Letter for Australian Partner Visa

    By covering letter do you mean applicant and sponsor relationship statements for a partner visa?
  6. An eligible family, such as a spouse can be added to a PR application. What were the exact reasons that your visa was refused? Do you still have the refusal notice?
  7. I think the biggest concern will be from people that are wanting to submit an onshore application before their substantive visa ends, and not being able to until the sponsorship is approved.
  8. Where there is a discretion to impose condition 8503 it often just comes down to a roll of the dice. An applicant cannot request for it to not be imposed on a visa. You just have to wait for visa grant and see whether it has been imposed or not. As AFV has said, an intention (stated or not) to apply for a partner visa in Australia as the holder of a visitor visa is a legitimate pathway and in itself will not necessarily indicate that the applicant does not intend a genuine temporary stay.
  9. Bridge

    Working on a bridging visa

    I'm not the source of this, but it does provides some helpful information. Until the new regulations come into existence, it is anyone's guess how the sponsorship pre-approval will operate. See: Changes to Australian Partner Visas - Sponsors
  10. What has happened? On 28 November 2018, the government approved the Migration Amendment (Family Violence and Other Measures) Bill. The new Act will eventually apply to all family sponsors, but will initially only apply to Partner Visas. The Act requires all Partner Visa Sponsors to be approved by the Department of Home Affairs (DHA), before the associated Partner Visa application can be made. This means that in order to be granted a Partner visa a separate Partner Sponsor application will require approval prior to the Partner Visa application. It is unclear when the Act amendments will come into force. The new legislation must receive the Governor General’s Royal assent before commencement, and there will be an unknown amount of time between the commencement of the act and the commencement of new Regulations, which will give effect to the Act. The Regulations will prescribe the manner and requirements for Partner Visa Sponsor applications, and until these are published, the fine detail with respect to the requirements needed to become an approved sponsor are not known. What are the changes? Once the Act commences, and the necessary associated Migration Regulations are drafted, the changes are: Separate applications and assessment of the Partner Visa sponsor and the Partner Visa applicant. After the Partner Sponsor is approved, he/she will be subject to sponsorship obligations and the legislation provides for sanctions and penalties to be imposed if such obligations are not satisfied. Sanctions will include Partner Visa sponsorship cancellation as well as being barred as a sponsor. What’s next? The Australian government will draft new Migration Regulations which will prescribe the application process and what is required for approval of a Partner Visa Sponsor. Whilst the new Act states that a Partner Visa application cannot be made before a Partner Visa sponsor is approved, it remains to be seen whether or not the new regulations will allow a Partner Visa application to be lodged at the same time the Sponsor application is made (as has always been the case with for example, the 457 visa and the new TSS visa). If not we anticipate there will be approximately a 12 week wait whilst the Partner Visa sponsor is approved, before the application for the actual Partner Visa can be made. What does this mean for Partner Visa applicants? This new legislation has huge implications for couples in Australia currently planning to lodge a Partner Visa application, particularly where the migrating partner’s visa is close to expiry, as there may be insufficient time left on the visa to allow the Partner Visa Sponsorship application to be approved before lodging the Partner Visa application. Where this occurs, the Partner Visa must be lodged when the applicant is outside of Australia, and they will be forced to remain outside of Australia until the Partner Visa is granted, unless he/she meets the criteria for another type of visa, such as a visitor visa. This would allow the applicant to return to Australia for a period during the processing of the Partner Visa application, and potentially allow them to remain in Australia on a subsequent bridging visa. The legislation will also further delay the Partner Visa application process, which currently is often in excess of 20 months. Having a separate Partner Visa Sponsor application also suggests that a new application fee will be applied to this application, making the already extremely expensive Partner Visa process even more expensive. Why has the government passed the legislation? The government cites the reason for the legislation to be the improvement of the management of family violence in the delivery of the family visa program, and the protection of visa applicants and vulnerable sponsors. The government has expressed concern in the past, and particularly through Minister Dutton that family violence has been a concern in the Partner Visa and other family visa programs, often resulting from an imbalance of power between the sponsor and the visa applicant, for example where visa applicants are dominated/abused by their sponsoring partners, or where vulnerable sponsors of forced into sponsoring Partner Visa applicants, via financial or other unsavory inducements. Currently, sponsoring partners are required to provide police certificates as part of the Partner Visa application process, and sponsorships may be refused where the sponsor has a criminal record which includes family violence or child sex offences, or he/she refuses to disclose other criminal convictions. By introducing a new Sponsor application process there will be additional scrutiny of the sponsoring partner as the bill also provides for sharing of personal information between a range of (as yet unknown) parties associated with the family visa program. Time will tell which “parties” will be involved in the assessment scrutiny. We are puzzled as to why the government has decided to require sponsors to be approved by separate application, when in reality appropriate checks were able to be made under the current model of Partner Visa Sponsorship, and if extra checks were required, they could have been added to the current process. Since the implementation of the requirement for police certificates and other character evidence for Partner Visa Sponsors, the Minister for Immigration has had the power to refuse Partner Visa Sponsorships, and has done so on numerous occasions. I am thinking of lodging a Partner Visa application. What should I do? It would be prudent for any couple in Australia currently considering lodging a partner visa application, to immediately seek advice from a Registered Migration Agent/Immigration Lawyer, with the intent of lodging the Partner Visa application as soon as possible, particularly where the migrating applicant’s visa has limited time left on it. If your visa has less than six months left to expiry, we suggest that you lodge your Partner Visa application without delay. Source: AHWC Immigration Law
  11. I completely understand your reasons for not wanting to flight the domestic violence order. However the resulting domestic violence order would have given added support to her domestic violence claim.
  12. Bridge

    Relationship Details

    Just adding my bit here. Registering a de facto relationship means that the minimum 12 month minimum does not apply. It makes the criteria similar to that of being married, in that there is no minimum period that a person needs to be married before applying for a partner visa based on marriage. However the applicant MUST still satisfy the respective relationship criteria. The shorter the relationship, the harder this may be.
  13. As AFV & Nightcall have said, if you have only had one conviction for assault (a relevant offence) and your total time sentenced to custody on the periodic detention was less than 365 days, notwithstanding the periodic detention was for 18 months, then you would NOT have a substantial criminal record, and therefore not be subject to a sponsorship limitation.
  14. The family violence provisions relating to non-judicial family violence claims have always been open to abuse.
  15. Bridge

    Bridging Visa A

    As AFV has said, did you have any professional assistance here? Returning to Malaysia on your ETA shortly after applying for a protection visa was not a good idea, as you have unfortunately found out. With no Tribunal review rights and your opportunity to comment now lapsing, you can only apply for another visa which I would say will definitely be refused.