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AFV

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AFV last won the day on March 21

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  1. AFV

    Thoughts on visa application

    There is no requirement that an applicant has to be working to apply for a visitor visa. Of course, this may be something that is taken into consideration when assessing an applicant's eligibility for a visitor visa. However, in the context of her previous and significant Australian visa compliance, I cannot see her having a problem. As per my previous post you would also include a include a letter of support. I have also sent you a direct message.
  2. AFV

    Deceased Sponsor Australian partner visa

    Welcome to the Australian Visa Forum, As someone who was sponsored for a partner visa, you would be subject to a 5 year sponsorship limitation from when you were first sponsored, being 6 December 2014. Therefore this would be in effect until 6 December 2019. However the Department may approve the sponsorship of an applicant for a partner visa if satisfied that there are compelling circumstances affecting the sponsor. Whilst there is no definition as to what amounts to compelling circumstances, the death of your former partner who sponsored you would almost certainly mean that you would be able to have your sponsorship of your new partner approved. Note, all other criteria of course still needs to be satisfied.
  3. If you cannot find the area to upload, you can always use the Other Documents tab under Additional documents. The sponsor does not need to complete a paper 40SP. The sponsor just needs to do the online sponsorship. The Form 1221 is listed as recommended on the online application. I would wait and see whether you are requested to provide one.
  4. AFV

    Thoughts on visa application

    Your step daughter has a strong history of Australian visa compliance. Although she has travelled to Australia several times during the validity of her 3 year visitor visa, she has not stay in Australia an excessive amount of time. The Department will be able to attached significant weight to your letter of support. I cannot see her having any difficulties here.
  5. AFV

    Statutory Declaration or Statement

    Applicant and sponsor personal relationship statement do not need to be done on a Statutory Declaration. However, if you want to then that is fine. Support witness statements must be done on a statutory declaration, using the Form 888.
  6. There is no actual time limit to upload documents, however, you should provide all supporting documents in a timely manner. If the Department requests any documents, you must provide these by the date in the notice. I recommend doing the medicals and police checks after advised by the Department. This is because they are only valid for 12 months from date of issue.
  7. When you submit the partner visa application online and pay the visa application charge, it will automatically grant the Bridging Visa A. However is will not be active until your current visa ends. You will still need to comply with conditions of your current substantive visa until the Bridging Visa A is active.
  8. Whatever information they have specifically requested you should provide by the due date in the notice, which is usually 28 days. If you are unable to provide by the date in the notice, you should let them know prior in writing, and the reasons for the delay. If you still have any other evidence that you feel you have not provided that goes towards evidencing your relationship, you should still provide this too. I would never simply rely upon a request for further information to be an indicator that that is all they require.
  9. AFV

    Do we meet De-facto requirements?

    Just on a side note, the relationship can be registered AFTER the application has been submitted and before the application has been decided. The Migration Regulations state that if an applicant for a partner visa on de facto grounds cannot show compelling and compassionate reasons for the grant of the visa, then the Minister must be satisfied that the applicant has been in a de facto relationship for at least 12 months immediately before the date of application: see r.2.03A(3). However, Migration Regulation r.2.03A(5) provides that r.2.03A(3) does not apply if the de facto relationship is a relationship that is registered under a law of an Australian State or Territory government. Notably, 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. The registration of a relationship can satisfy r.2.03A(5) if it takes place at any time up until the time of decision, as long as it continues at that time. Unlike regulation.2.03A(3) which explicitly requires the 12 month relationship criterion to be met at the time of visa application, regulation 2.03A(5) is silent on when the relationship must be registered. As such, an applicant who registers their de facto relationship after the application is made but before it is decided is taken to have met regulation 2.03A(5).
  10. I am all for people promoting their business here, but we require that they have at least contributed to the forum for a period time.
  11. Not contributing to the forum, but using it to post links to non-sponsors. You posting rights will be re-instated, but consider this your only warning.
  12. Congratulations Shruti you have been banned for spamming
  13. The decision to grant the permanent visa immediately after the grant of the temporary is entirely discretionary. It really is a cause for celebration. All visa information is stored electronically and available to airlines and immigration etc. Although not required, it is always advisable to keep a copy of the visa grant notice with you, as it has all the visa grant details on it. Apart from the first entry date, which you MUST do, there is no restrictions on overseas travel. Just on a side note, when you renew the travel facility (by 12 March 2024) you must meet the residence or substantial ties requirements You will meet the residence requirements if you have lived in Australia for 2 years (730 days) in the last 5 years or be able to demonstrate substantial ties to Australia that are of benefit to Australia. They include: business ties cultural ties employment ties personal ties If the visa holder is residing overseas with their Australian citizen partner, they will meet the personal ties.
  14. Congratulations on the fantastic news. Your husband has been granted the temporary partner visa, immediately followed by the permanent partner visa. He now has full Australian permanent residency. You do not need to worry about the second stage processing requirement, due to him being granted the permanent visa at the same time. This is a great outcome indeed - well done. He must make an initial entry into Australia no later than 5 July 2019. You will probably find that this date coincides with when the medicals or police clearances were obtained, as they are only valid for 12 months. If he so chooses, he can then fly back to the US the next day as his permanent visa permits unlimited travel. There is absolutely no requirement for you (the sponsor) to travel with him. The Must not arrive date after 24 March 2024 date refers to his travel facility, known as a Resident Return Visa (RRV). Basically, his permanent visa permits unlimited travel during the next 5 years. It has to be renewed every 5 years, or yearly depending upon how much time has been spent outside of Australia. Don't stress, as this is an easy process that is done online. Just be mindful of that date approaching. If you are in Australia and wanting to travel, you will need to renew the RRV. If you are outside of Australia and wanting to return you will need to renew the RRV. He may want to consider applying for Australian citizenship when eligible, then there is no requirement to renew the RRV as he would be an Australian citizen. He now has a permanent visa. There is no requirement for any other visa for him. When he arrives in Australia there is no paperwork for him to complete other than the incoming passenger arrival card that all people arriving into Australia complete.
  15. As your overstay in Australia was less then 28 days you will not be subject to a 3 year exclusion ban. However your overstay will be something that will definitely be taken into consideration in the assessment of your visitor visa application. To be granted a visitor visa, you must meet the legal requirements that are specified in the Migration Act and Regulations. Clause 600.211 provides: The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to: (a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and (b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and (c) any other relevant matter. Whilst the Migration Regulations do not provide a definition as to what amounts to ‘complied substantially’ the procedures advice manual (PAM3) provides the following guidance: In establishing whether cl.600.211(a) is satisfied, relevant considerations about the visa applicant’s visa compliance history may include, but are not limited to: has the applicant previously travelled to Australia and if so, did they comply with the conditions of their last visa (or if not, were there circumstances beyond their control) and did the applicant leave before their visa ceased. In my opinion the procedures advice manual confirms the position that there is no specific definition provided in the Migration Regulations as to what amounts to ‘complied substantially’, and that an overstay by itself does not therefore necessarily mean that an applicant has not complied substantially with the conditions of their last visa. If this was the case the regulations would simply provide for that, and they don’t. The procedures advice manual also confirms that the delegate has the discretion available to them in deciding whether an applicant has complied substantially with the conditions of their last visa. A proper exercise of that discretion will be based on an assessment of all of the available facts available to the delegate. I would recommend that you include a covering letter acknowledging your overstay and that it was a short over stay of 6 days due to an honest mistake on your part. Also the Department will need to be satisfied that if you are granted a visitor visa you will comply with the conditions of that visa. What are your circumstances now, incentive to return etc.
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