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AFV

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Everything posted by AFV

  1. AFV

    Help Needed with Visitor Visa - from Kazakhstan

    Correct. Previous visa compliance is something that would be considered in the overall assessment of a visitor visa application. In assessing this factor, the Department may give weight to applicants who had travelled to and complied with the immigration law of a country(ies) that has significant incentives for the applicant to remain in that country(ies) either for economic of personal reasons.
  2. AFV

    Help Needed with Visitor Visa - from Kazakhstan

    I have done countless visitor visas for people from high risk countries, low income, unemployed etc Every one of these has been successful, and also included a letter of support that included evidence of the applicant knowing the support provider for a sufficient period of time.
  3. AFV

    Help Needed with Visitor Visa - from Kazakhstan

    Q. You said "no weight will be attached to the letter" and then "the success of this application will come down to the strength of the letter of support, and having weight attached to that letter of support." which has confused me. A - The success of this application will come down to your letter of support which the decision maker must be able to attach weight to. Emphasis on the "having weight attached to that letter of support". The letter of support has no value unless weight is attached to it. Q. The circumstances that encourages is the fact she has 2 kids to support and also her mother is living with her at the moment and if she did not return it would destroy her and her kids. This is not enough?? A - It is somewhat of a double edge sword. Please don't take this as me being harsh, but I don't agree in sugar coating: She has 2 kids to support, yet she is self employed and low income/savings, but want's to visit Australia for around 6 weeks. She doesn't work, then she doesn't get paid. The socio economic factors in Kazakhstan (high risk country) are significantly different to those in Australia. Having 2 children to support in Kazakhstan can be seen as a reason to overstay and breach a condition of a visitor visa. Remembering it is an assessment of all of her circumstances that will be taken into consideration. Just because she has 2 children in Kazakhstan does not mean that she therefore meets the criteria for the grant of a visa. On the other side, just because she is a self employed low income earner doesn't mean that she does not meet the criteria for the grant of a visitor visa. Q. We were contemplating meeting in Thailand at one point. If we met the one time in Thailand would this help in a future application? (I know you did say at least twice) A - I would like to see at least 2 times over a period of at least 6 months. However if you only have the ability to meet her once, you are giving it a slightly better chance. Q. She is about to start a new job (while continuing self employment) .. does this change anything? A - I don't think so. The Department will look at the nature of employment, income, savings etc, local employment conditions (such as salary rates) which would not constitute a strong incentive for the applicant to leave Australia.
  4. AFV

    Health requirements and declaration

    Does the applicant have any of the following:
  5. AFV

    Help Needed with Visitor Visa - from Kazakhstan

    @Matty G Fender as per my previous post, it is an assessment of the applicant's circumstances that will determine whether they are eligible for the grant of a visitor visa. Many factors are taken into consideration, including but not limited to the following the personal circumstances of the applicant that would encourage them to return to their home country (country of usual residence) at the end of the proposed visit, such as: ongoing employment the presence of close family members in their home country – that is, does the applicant have more close family members living in their home country than in Australia property, or other significant assets, owned in their home country and whether the applicant is currently residing in a country whose nationals represent a low risk of immigration non-compliance, even if the applicant is originally from a country whose nationals represent a statistically higher risk of non-compliance and the personal circumstances of the applicant in their home country or general conditions in the home country that might encourage them to remain in Australia, such as: economic circumstances – including unemployment or employment that, based on knowledge of local employment conditions (such as salary rates) would not constitute a strong incentive for the applicant to leave Australia economic disruption, including shortages, famine, or high levels of unemployment, or natural disasters in the applicant’s home country. does the applicant have more close family members living in Australia than in their home country civil disruption, including war, lawlessness or political upheaval in the applicant’s home country. I am going to make some assumptions here, so please correct me if I am wrong: Your girlfriend is from a high risk country. She is a single parent with two children. She is self employed: "works as a nail technician in her home". Whatever income she earns is low by Australian standards. Possibly no evidence of regular and consistent income. Little or no savings history. She will be reliant upon you to cover all of her expenses. You have never met her in person, only online. If she was to apply for a visitor visa without any support from you it would be refused. I have absolutely no doubt. Providing a letter of support of support is not generally considered sufficient evidence that the applicant is intending a genuine visit to Australia. It should be noted, that it is not stated intention, but intention based on assessment of an applicant's circumstances. Whilst a letter of support can help to shift the balance in an applicant's favour, in circumstances where the person providing the support has never met the applicant in person, no weight will be attached to the letter of support. The application will be decided entirely on an assessment of her circumstances, and based on her circumstances, the success of this application will come down to the strength of the letter of support, and having weight attached to that letter of support. I have never submitted a visitor visa application for a client that has been refused, and I also deal with many previous visa refusals. I have had success with previous overstays, deportations and breach of visa conditions. I will only submit an application that I have thoroughly prepared and I believe meets the criteria provided for in the Migration Act and Regulations for the grant of this visa. Based on what you have posted, I would not even consider submitting an application unless you have known her in person for a sufficient period of time. Even then, as I have stated above a letter of support of support is not generally considered sufficient evidence that the applicant is intending a genuine visit to Australia. If you want to give this application the strongest chance of success I would advise that you provide solid evidence of meeting her in person on at least 2 occasions over a period of at least 6 months.
  6. AFV

    Help Needed with Visitor Visa - from Kazakhstan

    Welcome to the Australian Visa Forum @Matty G Fender It is primarily an assessment of her circumstances that will determine whether she meets the criteria for the grant of a visitor visa. Your letter of support will not guarantee that she meets the criteria for the grant of the visa. The significant hurdle you will have on top of this, is that if you have never meet her in person, no weight will be attached to your letter of support. I base this on many years of experience. Lastly, if you are thinking of sending her money to make it look like she can support herself, in the absence of a clear savings history, evidence of employment income, the funds will be viewed as deposited to make it looks like she has funds of her own.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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).
  16. 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.
  17. 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.
  18. Congratulations Shruti you have been banned for spamming
  19. 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.
  20. 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.
  21. 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.
  22. No there isn't. The subclass 820 does not have any travel restrictions. The subclass 801 can be granted offshore. At time of applying for the second stage you will however need to provide evidence that your relationship is still genuine and continuing.
  23. If you apply for a partner visa in Australia (subclass 820 & 801) you will remain on your current visa until it ends, after which you go on to a Bridging Visa A which will allow you to remain lawfully in Australia until a decision is made on your partner visa. If you depart Australia on the Bridging Visa A it will not permit you to return to Australia unless you have a valid visa which permits you to do so. To leave and return to Australia during this period you will need to apply for a Bridging Visa B. For the Bridging Visa B to be granted you will need to show that there is a 'substantial reason' to travel outside of Australia during the processing period of your partner visa application. It is not difficult to show 'substantial reasons', which could even be for a holiday or family visit. However the Bridging Visa B will require you to return to Australia by a certain date, and they are generally not granted for stays of more than 3 months outside of Australia. Once you return to Australia, you will remain on the Bridging Visa B until the decision is made on your partner visa application. If you want to travel outside of Australia again during this period. you must apply for and be granted another Bridging Visa B.
  24. AFV

    Do we meet De-facto requirements?

    Victoria allows for two people to register their de facto relationship (called a domestic relationship in Victoria). Only one person needs to reside in that state. If you register your de facto relationship, you still need to provide evidence that you are in a de facto relationship, but the minimum one year relationship period does not apply. This is what you should be doing. See: Exemption from the one year relationship requirement for de facto visa
  25. AFV

    Do we meet De-facto requirements?

    @Markymark What state is your girlfriend from?
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