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Samson

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About Samson

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  1. Samson

    Deportation

    There are many rules the department have to follow, one of which is successfully notifying him that his visa is being considered for cancellation. He will then have a set time to respond saying why it should not be cancelled, the will then notify him of the decision and yes once released could go straight to immigration detention awaiting deportation if he doesn’t appeal. If this is his first and only conviction he may not be stripped of his PR he may receive a warning that his visa may be cancelled if he commits further offences. Being in Australia since 1962 has a very high amount of weight for reasons not to cancel his visa. If he has family here and none back home again puts weight on not to cancel the visa, if he has dependant children again puts weight on not cancelling the visa, also if the crime is a non violent crime and or towards vulnerable people it would put weight on not to cancel the visa. And finally the likely hood of reoffending again at his age I would hope he isn’t. if It’s cancelled and appealed the AAT will look at his whole criminal record it will not go well if he has a lot of convictions.
  2. Samson

    Natural justice letter from the Department

    Ahah ahah yea good luck with that!
  3. Samson

    AAT timeframe

    Its been 14 months for me and emailed AAT last week and they said no eta as yet, I have read a few cases on Austlii and dates of early December of 2017 lodgement were quite common so I would say 18 months for me, thats just a guestimate tho
  4. If you didn't see the letter and had paid it before you read the letter from the debt collectors, you will need to let the debt collector know you have paid it to the ATO. This may cause issues depending on how they work, however from memory the ATO doesn't sell the debt on, just employs their services to chase? I could be wrong. Anyhow, visa wise unless you constantly try and dodge your tax liabilities then 1 oversight isn't going to get you into any trouble.
  5. Samson

    Ex partner pregnant

    Any chance now you know she’s pregnant that you two can get back together and possibly apply for the Partner Visa? Just so you are aware, having a child means absolutely nothing to immigration, so you will need to qualify for your own visa to be able to stay. I am in a similar situation but my daughter is now 2 years old, I have paid child support since day 1 and paid for all jabs etc, I also see her and have her stay over every weekend and we are best of buddies. My AAT appeal is going to be soon it’s only for a 457 visa but if not approved by the AAT I would need to go back to UK. My advice is if you don’t qualify for your own visa, your ex and you can’t make up and bring the child up together on a partner visa, then leave and go back before the child is born and don’t go through the stress & heartache this will cause.
  6. Samson

    457 to PR

    186/187 90% of applications within 13 months
  7. Samson

    457 company sold

    Currently you are without a sponsor. So I assume your current 457 has grounds for cancellation. I would defo seek some advice from the MA’s who post on here but firstly I think your new company owner will need to become a standard sponsor and nominate you so your current 457 is covered by a sponsoring company once this has been approved then Yes I believe you can be sponsored for PR without resetting the clock. However I think you need to demonstrate that the Job is the same, management is the same duties are the same wages are the same etc etc The issue firstly is the time it will take for the company to get approved sponsor status and for the nomination to be lodged (a year plus) your current 457 may have naturally expired or cancelled as the original sponsor abn is cancelled. Again I’d strongly speak with one of the agents on here as this is my own views and I am not an expert
  8. As always you should get professional advice but, my opinion is Do Not apply early, you won’t meet the 2 year rule and visa will be refused Do not apply late, you won’t have a visa and it will be refused Do not apply for another visa as it will void the grandfathering rights when granted (unless you want a different visa) I think you have no option but to lodge your TRT Nomination & application on the last day of your current 457 visa.. Risky Business tho
  9. Samson

    187-Customer Service Manager

    I am in Perth and been waiting 14 months for a hearing for my appeal. I am hoping it’s within the next few months..
  10. Samson

    nomination refused

    1 - Appeal must be Within X amount of days not After 2 - There must be a reason for refusal
  11. Samson

    Pregnant on a temporary visa

    Take your recipical Medicare card to a Medicare office with your PR application and current visa details and they should swap it for a full Medicare card..
  12. Hi, Preference to Perth Based MA's but Australia Wide is ok too. Quick lowdown of case, Original Visa refused PIC 4020 - DEC 2017 - 457 Visa (NOMINATION EXPIRED) New Nomination Lodged 2017 before Lodgement of AAT AAT For VISA REFUSAL lodged 28th Dec 2017 New Nomination Refused 25th October 2018 Now No Nomination to appeal visa, need to appeal nomination refusal with AAT and see if they will prioritise the nomination refusal so the visa refusal can be heard (Compelling reasons do exist) Prefer MA's who specialise in AAT and legal Cost isn't a issue. Nomination was refused within a few hours, i logged online at 11 am this morning and was still at received, by 1pm its was finalised and refused on 2 reasons, one LMT (Even though it didnt apply) and genuine position even though been in the same role for nearly 3 years full time. Seems like the person who assessed it didnt realised the employee has been working there already for 3 years, even though a letter was provided to state this. Please either post here or send me a PM Thanks Sam
  13. Because you are in the restaurant manager queue and will be processed after all the others. The fact it still says received means a CO has not even looked at it yet. Honestly just keep waiting stop worrying. It will be processed however noone can tell you when.
  14. Samson

    Can she get the citizenship?

    I would say No she would be refused citizenship based on what you have posted. She would barely meet the 4 year rule as it is, and spending over a year away potentially more, would be a refusal by the case officer. As you have posted, if she has continued to have significant ties to Australia (Not Australians, but Australia) then periods of time absent could be treated as bein in Australia. Owning own home, paying australian bills, Tax, having a job to come back to, Owning a business, Young children attending school etc etc. Seems like the case officers are pretty clear cut on this and want 4 years of continued residence and only when it comes to the AAT appeal these ties to Australia come into play. That being said, when time does come round, it may be best to speak to one of the Agents who post on this forum for some solid and professional advice.
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