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AussieDude

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AussieDude last won the day on December 2

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About AussieDude

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  • Birthday 01/01/1963

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    Sydney
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    Please do not harass me if I dont reply that day. I usually check my IM's twice weekly.

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  1. Basically what you have determined and have been told is correct. However, I would strongly suggest you engage a migration agent in your situation, and the BVB application will need to be carefully set out. Did you ask for a BVA with a 2 month activity delay? An agent may advise that it would be easier to have the BVA start date brought forward.
  2. As long as he is under 30/35 and meets the other criteria he will in theory get a WHV. He cant include the kids, but as they are citizens that should not be an issue. However, from what you describe as your circumstances, and plans, a WHV is not really appropriate, as I feel you are in fact trying to side step the correct process. IMMI will probably think the same. You really need to apply for a Partner Visa, which you will get I am sure with your solid relationship. During the PV process, he can apply for VV's to allow you to be together. If you are in a Long Term Relationship you may be able to skip the temporary visa stage and go straight to the permanent visa. A long term relationship is; You are in a long term relationship when you lodged your application, if you had been with your partner for either: 3 years or more 2 years or more, and there is a dependent child from this relationship
  3. De facto relationships only need a 'signed statement' to confirm they have ended. Unlike marriages as you rightly said may need the divorce papers. Just declare everything accurately. If IMMI wants more details they will ask.
  4. The sponsor must be over 18, be family (your OK as his brother) and either a PR or Citizen. If not, one of your other siblings will need to be the sponsor. Your brothers finances, and reason to return are less important on a Family Sponsored Visa, as are your finances, as the sponsor (you) will need to pay a cash Bond to IMMI. The bond is refunded back to you when he leaves. The bond is usually around $10k-25k, but varies greatly. No, this is not an issue.
  5. In your grant letter IMMI should have stated the 'activation' dates. But sometimes its not in simple English. What visa are you currently on?
  6. The general rule is to stay offshore for the same length of time as you visited. Remember your a Tourist, and no tourist needs back to back visa's. You can apply the day you leave Australia. IMMI are really clamping down on 'non tourist' use of the VV 600. When you apply for your second visa, you can elect for a 12 month Multiple Entry visa of course.
  7. No one can tell you for sure if a 8503 will be applied. 408's are very specialised and specific short stay temporary visa's. In my experience, you will most likely have an 8503 applied to a 408. 408's can not be extended either.
  8. Correct. Try and get them to use the types of witnesses as described in the 888 form. Make sure the witness can be contacted easily by IMM So do we. My gut feeling is that it will focus on the character of the sponsor and their (if any) criminal history with regard to domestic violence, child abuse or sex related crimes. I dont think they will prescribe financial requirements, apart from a general undertaking to provide the sponsored spouse with accommodation, living expenses and day to day support, as is today. I do believe they will define the circumstances under which a sponsor would not be accepted (this is my opinion) like bankrupt, in prison, on welfare.. All I can say is the sooner you apply the better.
  9. Yes you have at least another 12+ months to go. So applying for a new 12 month extension onshore should not present any issues. But you will not be allowed to be onshore for the final decision.
  10. You are pretty much 100% correct. As of today, the new rules//criteria for sponsors have not come into effect. But they will. We understand they have a component regarding the Sponsors financial situation. But we dont know exactly what will be enacted. Just get your application in ASAP is my advice. The current criteria for a sponsor are pretty broad, and loose. The only two areas that jump out is if the Sponsor has been found guilty (or charged) with any form of domestic violence or abuse towards children, or that they exceeded the reasonable number of sponsorships in the past couple of years. Apart from these two points, the rest falls loosely into a broad criteria for good character. Assuming you can make an undertaking to provide your spouse a place to live, meals and basic living requirements, you are fine. I see many a sponsor who are on welfare or on the dole. Technically a sponsor could be serving a prison sentence and be successful. Outstanding debts to the Commonwealth (tax etc) pending criminal charges, or a history (albeit not convicted) of domestic complaints/abuse **could** be detrimental. The later points are most relevant of your sponsoring a child as well. We have a lot of debate over the Laws regarding Sponsor suitability, versus the catch all that DIBP can exercise being suitable character. Hence th enew laws are designed to clean this area up.
  11. Photos mean little as they are difficult to verify. Travel bookings, receipts, air tickets etc are the best.
  12. Gee its a knife edge situation you describe. Fundamentally DIBP leaves the IELTS assessment up to the enrolling institution. Generally, if you have obtained a valid enrollment, then DIBP dont give a damn. I would secure an enrolment on what you have today, and if the Uni asks for a IELTS retest then deal with that then. I think you will be fine getting a valid enrollment with your current scores and quals.
  13. On what little information you provided, you safest bet is a Partner Visa. Knowing your nationality, qualifications, profession and work experience we can better advise you regarding a Skilled Ind Visa.
  14. Some points; Your new Tourist Visa (TV), did it have a condition 8503 'No Further stay' applied? If YES, then you can not extend onshore (no exceptions) and you must leave by that TV end date Jan 2020. If you overstay even 1 day on your TV, without DIBP approval, you will most likely jeopardize, or at very east significantly delay the 309 decision. Just dont do it. As a general rule, you must be OFF SHORE when the 309 decision is made. Hence DIBP will manipulate interim TV's etc to ensure that you are forced to leave Australia befor ethe decision date. This is principally because DIBP do not want you onshore if there is an unfavourable decision (ie refusal), the risk of someone refusing to return is very high in these circumstances. Babies, births, child care etc are not generally considered 'exceptional' circumstances for an extension. (in the case of an 8503 appeal, etc etc etc) Two questions you can answer so we can better advise you; When did you apply for your 309 Does your current TV have Condition 8503 applied.
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