SOMV

As far as I am aware there isn't a way of speeding up the expiry of your current visa. Don't forget that your Australian partner/sponsor is actually meant to be able to provide for you and support you. It used to be that bridging visas were not granted with permission to work and an application had to be made specifically to apply for work rights because it was assumed that a sponsor would be able to support his or her partner. And if a visa applicant did want to be able to work, the applicant then had to show why the applicant had a compelling need to work. It also used to be that often an assurance of support bond used to have to be lodged to show that an applicant would be suported by a sponsr or assurer if he or she needed to rely on benefits and so on. You are lucky that things are much simpler these days and you are automatically given work rights once the bridging visa kicks in. Also don't forget that you entered Australia on a tourist visa and the purpose of that visa was to be a tourist and not to work and not to have the chance to lodge a partner visa application on arrival. The fact that you have now applied for a partner visa is generally overlooked by the Department but if they wanted to they could be tough and say that actually you entered on fraudulent grounds. So my advice would be to sit back quietly, enjoy your three month holiday, and make sure that you conform to all current visa conditions.

Hi Worried mum, My advice would be to get advice onshore, asap, to sort this out. As a 457 sponsor the company has quite a few obligations. If they do terminate the contract of employment then they may be liable to pay for costs of the couple returning to the UK and so on. This is all aside from any breaches of HR laws/terms of employment. However this does not help with the situation from a 457 point of view. If you daughter and son in law have not spoken to an agent make sure that they do so immediately. Your son in law may have to find a new offer of employment and it is best to speak to an agent to get advice about the simplest way of doing this. There are of course lots of reputable migration agents in Sydney, I recommend Etienne of Teleo, I used to work with him years ago: http://www.teleo.com.au/our-team.html

If you want me to check your visa application you need to email me, please DON'T post your details up here. My email is: veronika@sortoutmyvisa.com

Hi Dan, You are correct in that there is no visa condition that comes with the 190 that specifies where a 190 visa holder must live. BUT as part of your application to NSW for sponsorship your partner would have signed an undertaking to spend the first 2 years of his life in NSW and also agreeing that you would keep them informed about where you are and so on. So yes, this is definitely a moral obligation. Some might even say that it is a legal contract. Although I have not heard that this has ever been made into an argument. So strictly speaking, as far as the visa itself goes there really isn't a requirement attached to the visa. Having said that, the Department introduced very strict anti-fraud provisions not that long ago, and these apply to all visa applicants and to all visa holders. So everyone should be aware that if the Department becomes aware, at any point, that a visa holder or applicant committed fraud in order to obtain a visa, they can cancel that visa and they can throw out the applicant if they really want to. This means that if any evidence comes to light that your partner applied for sponsorship but never meant to live in the sponsoring state, this could be construed as fraud and then you could lose your visas regardless of any visa conditions. Don't forget that even forums, such as this, or a suitcase with a job offer from an employer who is not in a sponsoring state, are potential "evidence". You never know who is reading this forum. I realise that this sounds incredibly paranoid, but you need to know that the Department does take fraud seriously. All paranoia aside, there is definitely no rule that you must fly into your sponsoring state. My advice would be to give NSW a genuine go, and if things still don't work out let NSW know that you have had an incredible job offer from elsewhere and would it be ok for you to take that job offer up as you have not been able to find an equivalent job opportunity in NSW. They may not be happy about it, but there would be no question that you did genuinely give NSW a go, and they can't really stop you going elsewhere if you can't support yourselves in the sponsoring state.

The processing time for an RSMS is about 6 months, so you may need to get in touch with the Department to see what is going on, as it really has been quite a while. Do you know now whether the nomination has been approved? The English test is a time of application criterion for the main applicant but from what you have written your husband is not the main applicant, he is the secondary applicant. If that is correct (ie: he is the secondary applicant), then the requirement for a secondary applicant is that he must have at least functional English. Evidence of this can be provided via an English test result or evidence of study in English. The Masters may be enough, depending on how long the period of study was. In any case, you can wait for the case officer to get in touch about this. With respect to the health question, again, I would wait for the case officer to see if new medical checks are required. He or she will definitely let you know. You said that the Declaration Form that you uploaded is not showing up on the system. If you did attach it, as a document, the way you attached all other documents, there is no reason why it should not be showing up. What I would do at this point is to email back to the same email from which you received the request for a form and say that you are concerned about the fact that you have not heard anything, that you did attach the form but it is not showing up on the system so you have attached it to the email (do attach it to the email as well) and wait to hear. I agree with you that the application really should have been quite straight forward. But if you are still worried, maybe it is best if you do get in touch with a local MARA agent to help take things over from here.

The child visa application processing times vary from place to place but they are processed in order of receipt. I have just checked the Islamabad processing times and they are showing up as 14 months. If you apply for the child visa while you are out of Australia you could consider taking your baby to Australia on a tourist visa, while the child visa is being processed. You would have to depart Australia before the child visa could be granted.

As a permanent visa holder if you travel to Australia and have your baby in Australia the medical costs will be covered by Medicare, as they would be for any permanent resident. If your baby is born in Australia he or she will be an Australian citizen. You do have until December 2018 to enter Australia on a permanent basis, but if you have not spent 2 years in Australia by December 2018 then you will not be able to get a Resident Return Visa, which will allow you to travel out of Australia and to return, until you have spent enough time in Australia to qualify for a Resident Return Visa. If you think that your baby may be born with medical issues then your baby may not pass the medical test and will then not qualify for a child visa. These are the things that you have to consider when you are weighing up your health, your baby's health and your visa options.

NOPE! Not from what you have written. From what you have written his visa expires on the 20th of October 2016. Why don't you email me a copy of the visa grant so that I can have a proper check. I am on: veronika@sortoutmyvisa.com

Normally you do not complete medical or police checks until the visa application has been submitted, and you hear from a case officer who asks that the police and medical checks be completed. But the company may want the visa application to be processed asap so they have asked you to do the police checks ahead of time. Also, normally you cannot complete your medical checks until you actually have submitted a visa application, so since you are going off to do your medicals tomorrow, this sounds ok. However if you want peace of mind, and if, as you said, a migration agent is involved, then hopefully everything is fine. Do you know who the migration agent is? If you do, you should contact him or her directly - all migration agents are listed on the MARA website, so you can find their details here: https://www.mara.gov.au/ If you contact the agent directly explain that you have not heard anything since the 1st of August and that you are concerned and wanted reassurance that all is well with the visa application. Best of luck!

Hello, I've read through your message but it is really difficult to understand if you have actually applied for a visa because you have mentioned that the only correspondence you have had is to pay the nomination fee to NSW? That doesn't make any sense. If you applied for your visa in January surely by now you have got an email from the Department telling you that you have a case officer and asking for any outstanding documents? If you email me directly with as much info as possible (including login details for your visa application) I am happy to have a quick look at what is going on. My direct email is: veronika@sortoutmyvisa.com

Nope, I think that you are spot on: basically he can come and go as he likes, until 20 October 2016.

BadgerLady please do double check the conditions attached to your dad's tourist visa. I doubt that his visa was issued for stays of up to 12 months at a time, that is quite unusual. Normally the visa is issued for 12 months for stays of up to 3 months at a time only!

If you change the EOI then it will be submitted with the new changes and so it will have a new submission date. Your EOI points score is based on the points you claimed at the time you submitted. If you are confident that the EOI as submitted was correct with respect to your points then leave it alone. You are of course able to add more information on the visa application, and you can of course change whatever you like on the visa application AS LONG AS YOU ARE NOT changing the way you claimed points in the EOI. What I mean is that you can claim more points on the visa application if you like, but if you claim less points or if you make changes that end up resulting in fewer points than your EOI, then you are in trouble and your application may fail.

Hi Danielle, The Form 80 is now being requested more and more frequently. If you did receive a IMMI Request and Checklist and the case officer asked for "Personal particulars for character assessment" they were really asking for a Form 80 to be completed. If they did not ask for this, they may still come back asking for it, so if you want to be a step ahead, just in case they do ask for it, you may want to download it and complete it and have it ready to be loaded up onto the system if it is requested. The form is usually requested from each adult visa applicant. Here is the link: https://www.border.gov.au/Forms/Documents/80.pdf Just a word of warning: the form is badly formatted and often fails to save the information you have typed in (you sit there for an hour typing it up, you go to save, and then it crashes or you find the info didn't save). So you might be better off printing it out, completing it by hand and then scanning in the completed and signed version.

Hello, I assume from what you have written that you have or will be submitting as much evidence as you could think of to show your relationship, including statements from friends/family and a joint statement from you both? Did you have any evidence such as bills in both names that stretch out over a 6 month period? Do you have a joint bank account? Do you have evidence showing that both of you have been living at the same address? All of that will make a difference, and the fact that you are being honest is precisely what you should be doing. (The Department can smell a rat from a mile away.) If you do not meet the requirements to prove that you are in a de facto relationship the 457 will not fall apart, it will just mean that the secondary applicant (whoever is not being offered a job) will not get a visa and then that person will have to look for alternatives, such as a working holiday visa or a student visa or an extended tourist visa. The Department is not out to fail applicants, they just have to make sure that they are able to tick all the necessary boxes for each visa. I hope that helps?

Hi Badger Lady, Why does he not take up on the offer? But aside from that, I have just had a very similar case with a client; I submitted 2 applications for two people travelling at the same time. I had to chase up both, one then came through promptly, after it was chased, and the other just simply fell between the cracks. I then had to act really fast to try to make sure the second applicant was able to travel out at the right time. This has never happened before, so I can only conclude that they are incredibly understaffed or under-trained at the tourist visa processing office at the moment. The best thing to do is to attack from all sides, especially if your dad's departure date is looming: You should send an email asking about the delay to both of these email addresses : eta.london************** eVisa.Visitors.Helpdesk@border.gov.au Also, you could try calling the London Europe Service Centre to chat to someone: http://uk.embassy.gov.au/lhlh/IMMI_contact.html I hope that helps!

I don't understand what you mean when you say: "I saw the form 1404 from other forum, the postcodes of nominating biz are the 6090,6108,6000" Form 1404 does not actually list any postcodes. You will have to point me in the direction of your information so that I know what you are talking about.

I am afraid that I do not understand what you are saying, and you seem to be quite confused about the requirements. How can you get a skills assessment without it being a positive assessment? Your partner needs a skills assessment for her nominated occupation. Since she is an accountant she needs to get a skills assessment from an accounting authority. So she will need to meet that authority's skills assessment criteria. If she fails the assessment then she clearly does not have a skills assessment. Cheers, Veronika

The form has been incredibly badly put together, you are better off printing it out and filling it in by hand; the last thing you want to happen is to type up the form and then, when you think you pressed saved, you find that none of the info has saved (this happens quite often). We get around this by paying for Acrobat Professional, which allows us to type onto the form as if we were typing with a typewriter. But we do this because we have lots of clients. You will only have to do this once so save yourself the hassle and just handwrite it. As for whether you fill in the form chronologically, honestly, it doesn't matter, though generally we tend to work backwards in time (present to the past).

No, don't update it, leave it as it is. You will be able to update your details on the visa application so you can do it once you have received an invitation to apply.

You meet the "cash" requirement with your $15,000 which is good. And as long as you can show that you own your property (no mortgage), or that the equity in the property (if you still have a mortgage on the property) is at least $30,000 then that's fine. You do not need to sell your house to meet the requirement. You just have to be able to show that that remaining amount (30,000 or more) will be available IF you sell your property.

Yes your brother could apply for the ENS onshore and yes labour agreements are also applicable to the ENS visa stream.

Let me repeat: you need to score at least 7 in each of the 4 sections of the IELTS ACADEMIC test. If you do that, and if your qualification is deemed to be equivalent to an Australian degree, and if you have studied all the required topics/modules, then yes, you may be able to get a positive skills assessment.

Yes that's correct, but the requirement for a skills assessment as an accountant is that you must have at least 7 in each section of the IELTS Academic (or equivalent) test. That will also of course apply to your wife.

Hello, Your distinction between an Arborist and Consulting Arborist doesn't make sense to me. Do you mean that your brother would not actually be working as an arborist (ie: not getting his hands dirty) but he would be providing arborist type advice? It might be worth bearing in mind that even for the 457 a nominated occupation has to be listed on the CSOL. There are no age restrictions on the 457, so yes, if your brother is over 50 he could initially be sponsored on a 457, and yes he can apply for the 457 while he is onshore on a tourist visa (assuming the tourist visa does not have a "no further stay" condition), but no, he will not be able to work while he is on a bridging visa awaiting the processing of the 457. Your brother could then apply for a permanent employer sponsored visa with the same employer, assuming that the labour agreement has been negotiated with respect to the position and that the labour agreement has been granted with an exemption as to age requirements and assuming that the employer and your brother of course also meet all of the other relevant criteria.