Jump to content

Wei Shu

Members
  • Posts

    72
  • Joined

  • Last visited

Everything posted by Wei Shu

  1. Because s/he does not want be an unlawful non-citize. If want it be successful, then there must be an unfinalised application on foot.
  2. Basically not a visa requirement on health for secondary applicants, other then required to have health cover, most likely(methinks) because as a 457 visa holder, you are unable to access medicare but health insurance, and employer had signed the undertakings. There is a visa health criterion for ENS as secondary applicant, ofcause waiving is possible.
  3. No health waiver is necessary for 457 secondary applicants, not from my memory that any one of my client had been request, nor to my knowledge it is a criterion for the visa grant.
  4. I used to ask my clients how much money they will bring to Australia, but stopped to ask for years, as I found it was almost impossible to get correct answer, for number of reasons, so ended up just left the question blank, DIBP seems no issue with my no answer is an answer approach to this particular question. However, do not take what I have said here as a suggestion. Under the S.101 of Migration Act, all questions must be answered and no incorrect answers are given.
  5. Working and holiday if under 31, and age will be relaxed soon. Move here permanently, well will depends on many factors.
  6. Your visa will not be cancelled just because you have been 'bullied' (which ever term you use), by your employer who'd sponsored you for a visa. But I won't be surprised if there a lot of incorrect answers, or informations were given on your application for the visa which is the ground for visa cancellation.
  7. Easiest way is to ask father to sign on consent form, if unsuccessful, then you will need to obtain a court order allows you to permanently remove your child.
  8. No need to send a note that you still need your 457 as a decision MUST be made to this application, either to grant or to refuse, unless it has been withdrawn. Make sure to disclose that you have a 457 visa application on foot, so the 457 visa will not be wiped out by your visitor visa. It happens from time to time. I remember many many years ago, a US citizen, decided to travel to Australia on an ETA visa, after sometime of waiting for his other visa, only to found out after he rang his migration agent upon arrival, his visa was granted a day before his departure from US. Unfortunately he would need to relodge his application again for other visa again. Regulation has been amended since, so ETA visa will not come into effect if the visa holder already holds another substantive visa, but visitor visa will. Not all visa applications made by human, the DIBP computer system has delegate power to grant visas. The decision on visitor visa may be vacated, if you disclose, when apply for visitor visa, that you have an application is still under processing, then the decision must be vacated.
  9. Wow, I just don't know how can you be understand from your company that your 457 visa will not be cancelled? Your company certainly can't cancel your visa, only Department of Immigration can. The company MUST, by law (R.2.84), notify the department within 28 days of you ceased to work in the nominated position. It is possible that your 457 visa may be cancelled while you are overseas. For what I understand form your post that you are not on paid leave for the rest of your visa, will you be paid until May next year?
  10. It can be any time after2 yrs. Current processing time is somewhere between 6 to 10 month, most applicants. Did you tell the DIBP your relationship is still ongoing and neither of you have pulled out?
  11. Q:2 questions: - Is it even something to bother about, and the mixup won't cause any confusion when the documents are uploaded? A: I don't think so, just upload all documents been requested and waiting for the outcome. Q: - When I send the documents, should I just upload them into the IMMI Account or should I email them at that email address. A: Basically upload will be enough, and preferred, some people doing both, we been told it not necessary, and may create extra work for COs.
  12. SC820 is not a permanent residency visa, and should be finalised less then 1 and a half year, only very limited number of applications took longer. If your 820 is still under processing, then it hay have some problem with the application.
  13. No further application can be made onshore after a decision to refuse your RSMS application has been made, you only have 21 days (as per your post), otherwise you will have to lodge offshore.
  14. By the way, it is Departmental new policy not to make request for further documents for ENS, RSMS applications, which started about a month ago or so, your agent may not aware of that it must be a decision ready application or likely to be refused.
  15. I see, it was a RSMS-PR, nomination and visa application, not 457. If you apply for review, then your BVC will not ceased until 28 days after the AAT decision if not in your favour. If you go for another employer, and fly out to apply for your visa, then you will have to wait outside until the visa been granted, and you can not apply onshore. Why on BVC?
  16. So the sponsorship been approved but nomination, or sponsorship been refused and nomination deemed to be disposed of? Financial documents more relevant to sponsorship application. Is the sponsoring business approved sponsor or it was a fresh application for sponsorship approval? Who is your agent's client so far?
  17. Your applications will need careful, strategic planning. Unable to comment on points test without closely looked.
  18. Q: Just a quick question, if a migration agent forgets to upload a document for my nomination and it gets refused. Is she responsible for that or not? A: It depends, of cause everyone makes mistakes, we all human being. Q: Can ****** pass the buck on to the immigration officer stating that it's stupid to refuse it withut asking any further documents? A: Immigration officer usually do request for further documents, not sure for what reason s/he didn't ask for, however it will not breach procedural fairness if decided not to, unless it is an offshore visa application. Q: Please Help Its about somebody's life, money and time. A: Sure it is. Since it has already happened, your employer may just re lodge it, make sure to upload all documents and move on. It is best way to approach in my opinion.
  19. Everyone is correct that I do not have any knowledge of UK law, and I should have studied some before say any here, and If I did, then I would have known that free to travel and legally to take a minor aboard have same the legislative meaning at UK law, or have same the dictionary meaning somewhere in Oxford dictionary, my mistake sorry. I am in Australia, so I do know if am taking my son out the country, who is still a minor and has a valid passport, the authority is unable to stop me from doing it, he is free to travel, even if my wife actually not permitted therefore I am not legally to take him. My wife will have to take legal steps to have my son’s name listed on the prevention (PACE) list. Forgot to mention that my wife has bad memory, she once chucked my passport in the washing machine, which resulted me not free to travel.
  20. How far in advance to apply for a student visa is pointless, and since all applications are elodge now, if the system not allow you to proceed then it is too early. How far in advance can a student visa been granted may be something is interested.
  21. TRAVEL is not same or equivalent to RELOCATE, consent to Travel had already been given by both parents when signed on passport application form. It will remain in force by default, minor is free to travel. Parent can notify the authority to place the minor on the PACE list, if decided to withdraw the consent to allow minor to travel. That is how Australian Legal System works. By giving reason of RELOCATE as purpose of a trip rather then TRAVEL upon arrival on a tourist visa, sure you will be questioned for hours by Australian Boarder Force, not to mention to place you on next plane home. To relocate a minor, involves not only legal part, but moral part consideration as well. For the best interest of the daughter, my suggestion is very clear, a consent is REQUIRED, and to inform her father is RECOMMENDED even if daughter is able make her own decision legally, after turned 16. I also made it very clear, to remove and relocate a minor without other parent's permission is very serious matter. Not sure where I have suggested that signing on passport application form is giving consent to relocate. Passport is a travel document, not a legal document for relocation. See my original post below.
  22. Q: I just need your help on one issue if someone can help me on this. One of my friend who got married 2 years ago and his wife came to Australia on spouse visa. A: Visa granted after the marriage suggests it is a sc309 visa, not sc300. Q: Now there is dispute between them and his wife's visa is going to be expire soon. A: Sc309 will not expire after 2 yrs of marriage or 2 yrs resident in Australia. Q: He can apply her PR which he don't want to apply. But he wants to extend his wife's spouse visa . Is that possible to extend spouse visa for another two years . If possible what is the process. Your reply would be much appreciated. A: No the sc309 will not expire, rather it may be cancelled or ceased in the event of sc100 been refused. And since there is no expiry date on sc309, therefore no 2 yrs extension is possible. Ofcause, it is open to them to lodge another, fresh partner visa application onshore. It will take sometime to process, which will give them sometime to cool down and see if the relationship can be worked out. VAC payable.
  23. Interesting, where in my post I've said or suggested that a parent's signature on passport application form = approval of relocate to another country?
  24. Q: My question is: must I arrange another trip to Australia before 13 January, or did my most recent trip activate the visa already? A: You will need to make your initial entry before 13/01, after the visa grant. SC300 can only be granted while you are offshore, your most recent trip was made before the grant.
  25. You are right both parents' approval needs to be in place, however the parents' approval had already been given by signed on passport application form, and will be remain in force as long as the passport is valid. Parent will need to inform the authority if any one of them wants to withdraw the approval, then the minor's name will be on the prevention list, the minor will not free to travel/leave the country, that is how Australian legal system works, I personally don't in UK would be much different, as Australian Law largely based on British law (formally British Colonies). Anyhow whatever I posted here can be concluded as following: 1. A permission from ex husband is needed or at least notify him in the event of daughter can make her own decision after turned 16. 2. To apply for a visa is possible but still needs E/H to sign. There is no short cut or way around to by pass the ex.
×
×
  • Create New...