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AussieDude

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AussieDude last won the day on March 17

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About AussieDude

  • Rank
    Champion
  • Birthday 01/01/1963

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

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  1. 1) Yes he will get points for Education. But you asked about experience points. 3) Not knowing the specifics of the degree or his work experience, I can only assume they relate, and he should score well.
  2. AussieDude

    Do we meet De-facto requirements?

    Reminds me of that typically British saying "sorry Gov, its more than my job is worth".
  3. AussieDude

    Do we meet De-facto requirements?

    IMMI recognises a UK Police Officer (noting your comments on their reluctance), any Judge or Magistrate, any practising Solicitor or Lawyer. In the UK JP's are often called Magistrates. Basically we (AU) follow the same processes as the UK has for document Certification/Affidavits.
  4. Always remember... Complete, accurate and concise Visa applications, that include all the required documentation, will always process faster than an application that is incomplete or jibberish. When IMMI reviews an application, and they find a missing document, or need a clarification on a fact you provided, they STOP all processing and put your application on hold, UNTIL you respond and provide exactly what they need. Applications from some countries can take longer, as these countries are seen to not have 'reliable' official documentation, and IMMI must therefore spend extra time to manually verify the document. Its not about IMMI prejudice or any racial policies, its just that these countries keep poor records. A good example of this is Birth Certificates from some African nations, where the official birth registers are often incomplete, missing or just not available, and are often regularly forged. I know that confirmation of a Nigerian Birth Certificate can take up to 6 months.
  5. AussieDude

    Do we meet De-facto requirements?

    Apologies, we all assumed you were referring to a 801 Visa. But a good point. If that web snip is from the relevant state Registry you are applying at, then yes, you will need Certified Copies. The best option is to use a Justice of the Peace, they are volunteers and don't charge. Most Local Council Chambers (offices) have a JP available at set times. There is usually one (or a Registrar) available at most local courts, but they usually are too busy and send you off. In my home state of NSW, the Police generally will not do this anymore. However, ask your local Police station, as often the Admin Staff are JP's. Take quality copies of the document, and the original, and full ID when you go to the JP.
  6. Further to @AFV point, and your mention of a Greencard. Australia does not have the concept of a green card. The right to work is a condition (or not) of the Visa you have been granted. Employers in Australia can check (and must check) your Right to work, via an online public database called VEVO. And yes, always carry a copy of the Grant Letter. My wife personally fell foul of this when sitting her Drivers LIcense exam, the Registry staff could not access VEVO (some stupid IT issue) and therefore would not process her application, as they could not establish PR rights. We had to come back again later in the week.
  7. AussieDude

    Do we meet De-facto requirements?

    Not sure where you got this web snip. But @Aussie_83 is correct. Upload quality scans of the original. But remember IMMI may ask you to produce the originals at a later interview. Also everything must be in English, or suitably translated by a IMMI approved translator.
  8. Based on what you say, he will score 15 points if his experience is all outside Australia. Here is the actual points table: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190/points-table Yes your calculation is correct from what you say. Here is a reliable points calculator for the 190: https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/points-calculator You dont give us enough information to answer. We need to know what his Degree Major Subjects where, and the actual job roles he has held, and for how long. Try the calculator for yourself, and see what you score. Having no experience really sets the score back. So probably no is the answer.
  9. AussieDude

    Partner Visa

    So you dont qualify for a De Facto status until September 2019. As I said, an application for appeal must be based on solid legal grounds, which as I feared his case does not demonstrate, this is probably the rejection for the appeal lodgement 'Failing to establish grounds for the appeal'. INHO appeals to the AAT should be handled by a Solicitor, qualified in Immigration Law. As they are a legal process, not an administrative one (I generalise). As I said before, he may get a short extension to his BV based on compassionate grounds.
  10. AussieDude

    Partner Visa 820/801, Resume, Bank Statements

    To add to AFV's fine response; If your joint bank account is over 12 month old then just show just the joint statements If your joint account is less than 12 month old, then include BOTH your bank statements for the period prior to the joint account, as far back as to make up a total of 12 months. With bank statements I usually suggest the following; Pick say 10 quality transactions, that really demonstrate joint spending/shared financial responsibility (rent, paying each other, leases, travel costs, medical bills, household expenses) Number them from 1 to 10 in the margin, highlight the transaction with a highlighter On a separate document, list the 10 transactions, and explain clearly what it was for and why. Attaching additional evidence like airline tickets or restaurant receipts on a birthday, further prove the validity of the transaction. Providing additional evidence for each transaction is golden. 10 is all you need to explain, if done well. DO NOT redact (black out) the other transactions, account numbers, names or addresses. You can trust IMMI, and they often check the accounts legitimacy/existence, as fake bank statements are so easy to buy. I always recommend you send them original bank statements, rather than copying and certifying. This does not apply when online, just have the originals available if asked.
  11. AussieDude

    Residential Address Clarification

    Ideally quote the address of family or close reliable friends, where IMMI can contact you, send correspondence etc. But also provide IMMI a copy of your itinerary so they understand your travels plans. Be sure to make sure IMMI has valid email addresses for you both, and as IMMI often ignore email and blindly send paper by post, make sure you provide a valid postal address that will open and redirect your mail. There are services that do this for travellers, and scan it all and email it to you. I think Australia Post now do this as well.
  12. AussieDude

    Full time job to PR visa

    Your new employer will have to apply to be a sponsor first, then sponsor you for a skilled worker visa. 2 options generally; A Temporary Skill Shortage Visa (subclass 482 Short Term Stream). For this you must have at least 2 years work experience in the field your qualified/working in. A Temporary Skill Shortage Visa (subclass 482 Medium Term Stream). For this you must have at least 2 years work experience in the field your qualified/working in. Plus your occupation must be on the MLTSSL Occupations List. However, for option 2 to apply, there is a nasty caveat (special condition) on the MLTSSL list that applies to Accountants, applying for 482 visa's I quote; "Accountant (General) Caveats apply 482 - Temporary Skill Shortage (subclass 482) – Medium Term Stream Business size: Excludes positions that are in a business that has fewer than five employees. Business size: Excludes positions that are in a business that has an annual turnover of less than AUD1M. Low skilled tasks: Excludes clerical, bookkeeper or accounting clerk positions." This caveat intrigued me, and I did some digging. Its affectionately known as the "Job for a Friend" clause. Its to ensure that accountants work in larger companies, and not as a bookkeeper in a friends or families small business. The argument being a small business with less than 5 employees or with a turnover of less than $1m wold not require a qualified accountant.
  13. AussieDude

    Does my foreign partner require a divorce?

    This may help. I quote from the Family Court of Australia; "If you were married overseas, you can apply for a divorce in Australia if either you or your spouse: - regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or - are an Australia citizen by birth or descent - are an Australia citizen by grant of an Australia citizenship - ordinarily live in Australia and have done so for 12 months immediately before filing for divorce. You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator."
  14. AussieDude

    Partner Visa

    Unless you have been in a genuine relationship (and can prove it) for at least 12 months before you apply for a De facto partner visa, you do not qualify as De facto. If you get married before you apply, IMMI will expect you to meet the following requirement, I quote; "A spouse is one of two people in a (LEGAL) married relationship if they are married to each other under a marriage that is valid for the purposes of the Migration Act and: - have a mutual commitment to a shared life excluding all others - have a genuine and continuing relationship - live together or don't live separately and apart on a permanent basis" Because of the high incidence of 'sham' or 'convenience' marriages seen by IMMI these days, they usually like to see either a marriage that is 12 months or older, or there is a genuine relationship existing for a period of 12 months or more, including the married period' before the application. How long have you been together as a true couple? Knowing this we can advise better. If you have been together for less than 12 months, then your not eligible as a de facto couple. If its less than 10 months (considering your wedding date in 2 months) and you apply after the wedding, you **may** struggle to convince IMMI that this is a "genuine and continuing relationship". But I do speculate somewhat as I do not know your actual relationship details. The bad news is this. If he does not get his Skilled Visa grant before the wedding, IMMI is right he will probably have to leave. However, considering he is already on a Bridge, and the wedding is only 2 months away, if he was to get refused before the wedding date, you may have grounds for a bridge extension on compassionate grounds, but only for maybe a month or so. Maybe give us some more details as to the length and nature of your relationship to date, that may change everything I have said.
  15. Sorry to hear your circumstances, I hope what follows helps a little. Firstly, the appeals process is a legal one, and appeals against Visa decisions must have 'suitable grounds' (as does any legal appeal). You just can't appeal a visa refusal decision because you didn't like the answer, You must establish and prove that there was a valid legal, technical or process related oversight, error or mistake in the making of your decision. Successful appeals rely on you proving that the decision process was not strictly followed, or missed an important item of evidence, or was tampered with, or was unfair due to a process error (i.e a bad translation, an incorrect interpretation of a statement you made, due to language challenges. Not knowing exactly what your grounds for appeal are, or what your actual legal position is, what follows is extremely generalistic: Based on what you have said (can you upload the full rejection letter here for us), I am assuming you were refused for a simple requirement not being met, that is your "works nomination being refused". Being the case, I dont't think that you would have solid grounds for an appeal. However, please consult a legal specialist for a professional opinion. There is no technical linkage between your appeal of your 187, and you applying for a de facto visa while onshore, during the appeal process. It is possible, providing your current visa does not carry Condition 8503 (no further stay), AND you meet all the de facto visa requirements. If the Partner Visa is granted, this would activate when your appeal is decided. I would suggest that if you are granted an onshore Partner Visa (albeit stage 1) you should withdraw your appeal immediately. If your current Visa has Condition 8503 applied, then your only path os to wait for the appeal decision, and failing that apply for a partner visa offshore. Serious illness preventing travel on your part, **may** be grounds for a temporary bridging visa while you regain your health. Too serious a medical condition may adversely affect your Partner Visa on medical grounds. Generally, having a child together will not hurry up or significantly change a partner visa outcome or timing, that is a bit of an urban myth. But every case is different. It is true that some pregnancies have qualified for visa extension or bridging on compassionate grounds, but its rare.
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