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AFV last won the day on November 14

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  1. Welcome to the Australian Visa Forum, You might get a better response if you make your post title relevant to the question you are asking. Putting "Ms" as the topic won't really allow people to know what your post is about. I have changed your post title to "Australian partner visa supporting documents". When the department assesses a partner visa application that will take into consideration ALL of the aspect of the claimed relationship, including the criteria they must consider which is found in the Migration Regulations. For de facto that criteria can be found in clause 1.09A of the Migration Regulations, and for partner in clause 1.15A. With regards to the financial aspects of the relationship they will taken into consideration all of the following: any joint ownership of real estate or other major assets; and any joint liabilities; and the extent of any pooling of financial resources, especially in relation to major financial commitments; and whether one person in the relationship owes any legal obligation in respect of the other; and the basis of any sharing of day-to-day household expenses. It is accepted that an applicant and sponsor might not be able to cover every area. This is why your relationship statements are very important. Whilst some areas might not be so strong as others may be, for example the social aspects of your relationship or your commitment to each other. I definitely recommend that you look at those sections of the Migration Regulations that I have referred to above.
  2. Processing for a subclass 820 is very lengthy, and as you have correctly stated only valid for 12 months. I would suggest waiting until asked to provide any fresh certificates. He will only need to provide police certificates for countries that he has spent 12 months of more in since the grant of the PMV.
  3. I don't think you will have any problems satisfying adequate means of support criteria if the support has been offered by your family, and you have provided evidence of that. However an applicant's financial situation may be relevant to an applicant’s ability to meet the genuine temporary stay requirement and consideration of whether they have significant incentives to return to their home country. As I stated in my previous post it is an assessment of your circumstances that will determine whether you meet the genuine temporary entrant criteria. In my opinion your reasons for returning to Brazil will not carry much weight. I think your chances of success would be greatly improved if you applied after you gained entrance and proof of your enrolment in your University studies in Brazil.
  4. If your marriage has taken place after you submitted the prospective marriage visa application, but before a decision has been made on your application. You simply need to comply with clause 2.08E of the Migration Regulations which provides that the applicant is deemed to have applied for a subclass 309 partner visa on the day that the Department receives notice of the marriage having taken place. You do not need to withdraw your application, nor do you need to pay another visa application charge. You will need to write to the offshore Department office where your PMV is being processed. I also recommend uploading a copy of your correspondence to them to your PMV application as a record of it being sent. After the Department receives your notification you will be deemed to have applied for the subclass 309 visa. Your application will not go to the bottom of the queue, but it will then be assessed against the criteria for the grant of a partner visa. You must still comply with all of the conditions of your visitor visa, and as with the PMV a subclass 309 partner visa can only be granted whilst you are outside of Australia. If you want to apply for an onshore partner visa. Firstly you must be in Australia on a substantive visa that does not have condition 8503 attached. You would need to withdraw your PMV and then application for a subclass 820 partner visa. You will not get a refund on the original PMV visa application charge, and you would have to pay the $7715 again.
  5. From what you have posted your relationship with your previous partner ceased in September 2017. Your current relationship commenced around December 2017. It is your current relationship that will be assessed by the Department. However if your previous partner was granted a visa as your dependent, exactly when you advised the Department (as is your responsibility) of the change in your relationship circumstances will raise a very big red flag if this was not done within 28 days from when your relationship ended.
  6. With regards to question 1. When exactly did you advise the Department that your relationship with your previous partner had ended. Your previous IMMI history, particularly with regards to anyone you have sponsored will be very relevant. With regards to question 2 they can still use the Form 888, it just can't be witnessed. Question 3 if you are not certain of a date, it is acceptable to put down the 1st of the month.
  7. The best source of information is always the Migration Act and Regulations. For the definition of spouse section 5F of the Migration Act needs to be read in conjunction with clause 1.15A of the Migration Regulations. For the definition of de facto section 5CB of the Migration Act need to be read in conjunction with clause 1.09A of the Migration Regulations. The criteria for both is fundamentally the same with these notable differences: For de facto the relationship must have existed for at least one year immediately prior to the date of application [clause 2.03A of the Migration Regulations]. The one-year minimum relationship does not apply if the relationship has been registered. It also does not apply to spouses. However, regardless of whether applying under de facto or spouse, an applicant and sponsor must still meet the definition of being in a de facto or spousal relationship. All of the factors that are taken into consideration can be found in the sections and clauses mentioned above from the Migration Act and Regulations. Whether applying under de facto or spouse, both require that the applicant and sponsor live together; or do not live separately and apart on a permanent basis. It is accepted that there may be valid reasons why an applicant and sponsor cannot reside together. However as long as the separation is not permanent in nature, it will not be an issue. The focus will be on how the applicant and sponsor maintain their relationship during any periods of separation.
  8. PR has no restrictions on travel. Once PR is granted the resident return visa (travel facility) will be valid for 5 years from date of grant of the PR. In fact you don't even have to enter by this date, but you will still need to renew your RRV. If after 5 years you have remained outside of Australia for more than 2 years (730 days) you must be able to demonstrate that you have substantial ties to Australia that are of benefit to Australia As in my earlier post you should look at the last date to enter by which is on your visa grant notice. At this time if you have spent more than 2 years in Australia renewing your RRV for another 5 years is a straightforward process. If you have spent less than 2 years in Australia you will beed to show substantial ties to Australia to renew your RRV.
  9. The grant of the subclass 801 is the grant of PR. All the important information is listed on the visa grant notice, including the last date to enter Australia by, which relates to the RRV.
  10. Welcome to the Australian Visa Forum, To be granted a visitor visa, an applicant must be able to satisfy the Department that their intention is to visit Australia as a genuine temporary entrant only. In assessing whether this intention exists, the Department will take into account many factors relating to the applicant, including, but not limited to: country of passport, age, employment, savings, family ties, previous visa compliance etc. Whilst financial support can be offered by another person. It is up to the Department as to how much weight is attached to that support, and ultimately it is an assessment of an applicants own economic circumstances that will determine whether they meet the eligibility for the grant of a visitor visa. If your intention is to study in Australia you should apply for a student visa. Applying for a visitor visa and telling the Department that you may apply for a student visa whilst in Australia, is basically telling them Department that your intention is not to visit Australia as a temporary entrant only. In any event if you are granted a visitor visa it would almost certainly have the condition 8503 'no further stay' attached to it, and if it does you will be prevented from applying for another visa whilst you are in Australia. Also of concern is that you are saying that you will sit your University entrance exam in December and provide confirmation of the test results as a way of proving you will go back to Brazil. This does not sit well with then wanting to study in Australia. The fact that you are of young age and unemployed does not unfortunately put you in the best position in my opinion.
  11. Why would you not wait for the CO. If you do them now, they will be surely need to be done again. What passport does the applicant hold?
  12. I can't answer that as I no nothing about the applicant. If it is a period of stay of less than 3 months medicals are not required. If it is more than 3 months it may only be a chest xray and not a full medical. If only a chest xray is required then this is not the full medical for a partner visa.
  13. You still have a way to go then.
  14. All medicals are valid for 12 months and can be used for other visa subclasses. However the required medicals for the visitor visa may not be the same for the partner.
  15. No it won't. You just need to be outside of Australia at time of grant. When did you submit the PMV?
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