engaus

Lol! I feel like I see this question daily on the forum.

Jusy put down everything you can remember. They know being in Europe you travel a lot. So pop a note in saying you have completed this question to the best of your knowledge as you have travelled a lot through Europe etc.

Why would she need to do additional study? Is her law degree which she has already obtained not sufficient? No matter what occupation she does she still needs to get them assessed, albeit different assessment bodies.

 

She said her partner is finishing apprenticeship, so we don't know if he has a degree even.

A UK law degree is not sufficient. My partner had a UK law degree and was asked to complete 4 additional units to make his degree equal to an Australian one.

What Rainicorn said,

 

You already have a degree in law, so use that to get the PR under Barrister. even if your guy doesn't have a degree, or if his qualification's isn't enough to get assessment from engineers australia, you can still get him a pr via defacto. The latter isn't ideal but its a better alternative to training in IT, only to be removed from the sol later. Also note that IT related sol occupations are often pro-rata due to stiff competition.

 

Get the PR, then retrain at a suitable institution with government subsidy, as well as other benefits like free healthcare and, after a waiting period, centrelink(don't abuse this) if necessary.

 

Remember once you become a PR, you can be a barrister or firefighter, it won't matter.

Look at your partners degree. I wouldn't bother with your degree because you will need to have it assessed and do additional study which will cost close to $20,000 if not more in international student fees. A waste of money if you don't plan on using it.

As you don't have a partner visa the process for you attempting to stay is not as straight forward. If you had a temporary partner visa (which you don't as you have stated your on a bridging visa) there would be a possibility of you staying if DIBP concluded that from the evidence provided you were a victim of family violence - I'm not sure how that would pan out given you both have AVO's against each other.

But as you DONT have a temporary partner visa I'm not sure what grounds you have for staying.

Are the agents you are seeking advice from MARA registered? A good MARA agent would know what to advise once they had all the required information.

So you havnt even been granted your temporary partner visa yet?

Speak to an agent. If you had the temp partner visa things would be slightly less complicated but if you don't have that it gets even more complicated.

They are highly recommended if you spend time apart though - my husband does a lot of fly in fly out work and our agent (one of the best around) has recommended excerpts from facebook, viber messages, forum private messages to each other, and a few cards and letters.

That's exactly why I said unless you spent time apart? If you havnt spent time apart you shouldn't need to include them because you have a lot of other evidence that will hold more weight.

I wouldn't bother with even including FB chats. Unless you spent time apart and it was how you kept in contact or you had some pretty important conversations on there. They hold very little weight.

Most of your evidence seems to be socially related which is probably the easiest category for everyone. But make sure you have things to cover all 4 evidence categories.

30-40% more isn't a hell of a lot when the cost of living is as expensive as it is!

Whats your profession?

You won't be entitled to any government student loans - but you will be entitled to "only" paying domestic rates instead of international ones if you have PR.

i don't know of any free courses - very few of them around I would think and if they are it would be TAFE - but even that's expensive these days depending on the state I believe.

I know a child in the UK going through the exact same issues. School couldn't give a toss about him - wasn't diagnosed until he was in his teens and they used to just deal with him by sending him to detention!

I also know of several children that suffered from dyslexia when I was at a private school in melbourne - they had an entire department dedicated to children with issues such as dyslexia. Can't comment on Sydney though!

Seriously?

Its not an Australian thing! A lot of countries around the world require this and if you had spent as much time researching that as you did typing your rant you'd be aware and know why it's required.

Also what on earth does being White Caucasian and not having any criminal record etc have to do with anything?

And I actually just read this req inthe booklet ( I hope the CO follows it too )

A dependent child is:

if aged 18 years or over, have been wholly or substantially dependent on you for a substantial period(at least 12 months) for their basic needs (food, clothing and shelter); or ....

 

So this means that at the time of applying, as long as she HAVE BEEN relying on her family financially and would not have been in any relationship, thats fine.

The CO follows regulations - not short explanations from a partner visa book. And I can't see where in the paragraph you posted that it says "at time of application" - this would be stipulated in the regulations - which the CO follows.

I would be absolutely baffled if the IMMI department didn't make that a requirement at time of grant. After the hoops we had to jump through it would anger me that someone who wasn't dependent like they declared (for the entire duration up until they moved to Australia) was granted a permanent visa and allowed to sponsor a spouse as easy as that!

I would suggest speaking to a MARA agent who can give you the info as per the regulations. If what she has done is against regulations then she has obtained a visa fraudulently and it will put your partner and her mother at risk of having their visa cancelled I would think.

120 documents is overkill. My partner and I had under 60 and had no issues. Combine your documents!

Its about quality not quantity

But each to their own

Yup that's correct. You will need to finish the applicants form - pay and then it will allow you to finish the sponsors form. It's a lot of the same questions really. After that you can start uploading your evidence. So make sure before you pay you have most of that sorted because you want to have it all uploaded in about two weeks.

She can complete the form on your IMMI account.

Oh thanks I didn't realise I could do that I thought police checks had to go?

A lot of embassies these days explicitly ask for people not to submit the police checks and medical exam until asked because they only last for a year and processing times are longer than this at the moment. So it would result in you having to complete the medical and police checks again because they expire before your grant.

Have a read of this:

http://www.uk.embassy.gov.au/lhlh/immi_health.html

From the London embassy they are advising 10-14 months.

I wouldn't bother doing the medical or the police check until asked by the CO. They only last 12 months.

This is all if you are applying from London. Each embassy is different.

I will send you a message with a MARA agent who will be able to help - he frequents another forum that I am on.

So if you cancel your 457 you will need to apply for a BVE. There are multiple downsides to this bridging visa.

1. Any time spent in Australia prior to obtaining the BVE won't count towards citizenship so your clock starts again.

2. You can't leave australia for the duration your partner visa is being processed - 12-15months is the current waiting time.

3. It also comes with no work rights. You can apply for work rights if you can show hardship. But they are tightening up on this (it used to be quite straight forward).

I have seen a number of people who have recently been refused working rights on their BVE. I would get the advise of a MARA agent so you can best prepare your application. But I would be continuing to do what you can to get a sponsor because there is no guarantee you will receive work rights on the BVE after applying for them.

OP had his visa granted last week so don't think this is an issue anymore

You will be covered by Medicare once you arrive but you should think about travel insurance to cover your journey over - e.g what happens when if your luggage is lost? Or your delayed?

apply for Medicare when you arrive. They will give you a temporary card (bit of

paper) so your covered until you receive your card in the mail. Even if you don't get Medicare for a few days and need coverage in the mean time you can pay and just claim it back once you sign up to Medicare.

Just to put things in perspective for you. This the evidence we used for a temporary resident defacto visa.

 

 

 

I honestly don't see immigration turning a blind eye to his 3 year ban unless you can prove financially that you're a de-facto couple not just a couple.

 

He shot himself in the foot the moment he overstayed. Your visa application will come under a huge amount of scrutiny and may effect his character requirements.

It may effect his character requirements but it certainly doesn't exclude him from applying. I've seen a number of people apply for 309 visas after receiving a 3 year ban. You just need to set your application out correctly and address the issues.

her bigger problem will be showing immi her relationship meets the requirements of a 309.

IMO I think you are going to have a very hard time convincing IMMI that they will be genuine i.e that they will leave at the end of their course given their past immigration history e.g

They have had a 3 year ban

Their ban is literally just about to end and they are looking to come straight back

They are looking to study something completely unrelated to their past education

This provides some more info:

https://www.immi.gov.au/students/gte-requirement.htm

This other link gives you information on what it means to be a dependent on a student visa (which his wife would be) and what institutions are eligible for him to study in:

http://www.immi.gov.au/About/Pages/media/fact-sheets/fact-sheet-50.aspx

Your partner can't get a partner defacto visa because only people who are with Australian PR or Citizens can get those and you are not. She would go over as a dependent on your visa. But if she wants to study for more than 3 months she will need to obtain a student visa in her own right.

You will also need to study full time. You cannot study part time.

You will both be charged international student fees if you want to study - there is no way to get out of that unless you are a PR.

Have a read of this page.

http://www.immi.gov.au/About/Pages/media/fact-sheets/fact-sheet-50.aspx

I have a sponsor lined up to sponsor me upon entering the country. I have to have permission before I can get my visa. I have already seen immigration whilst in aus recently and there is a way to bring your dependant with you while you are on a working visa.

This paragraph is what confused me and made me think she was getting a WHV. Given she isn't being sponsored until she enters Australia but mentions there is a way to bring your dependent on a working visa.

Personally I would wait until I had the go ahead to take my child - then I would obtain a working visa - and then travel. Not wait until I am in Australia to get a working visa?

The way the OP is talking about visas makes me worry that she doesn't know enough on the process and could face several issues which might result in her not actually being eligible for a visa in the first place (she is quite young as well so not sure what qualifications she may have). We all know it's not just as simple as someone saying "yeah ill give you a job and sponsor you" (even if they have previously sponsored someone).