Wei Shu

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.

What is the valid or best answer reason in applying for BVA?

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.

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.

From what you have posted, your wife should be OK with a 457 medical and there are waiver provisions, if she is not.

May I suggest that you consult a registered migration agent who has 457 experience for advice about obtaining a specialist's report in the required legal format, before you put your heard in the lion's mouth?

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.

Hi there,

On my Visa 143 application form there is a question on how much money I will be bringing into the country. I am selling my house in the UK so will the money I make from the sale be around the amount I need to put down. Is this question just to find out that you will be able to support yourself when you get there.

Heather

Working and holiday if under 31, and age will be relaxed soon.

Move here permanently, well will depends on many factors.

Dear concerned

My sister in law living in Italy and have citizenship. They want to move to Australia and want to work and live . What ways they have . I know they can easily come and go on holiday but they want to work and live permanently.

Your reply would be much appreciated .

Thanks

 

 

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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.

Plz help visa 187 Pr

 

Hi There!

 

I got visa 187 Pr last month and still working with sponors for 2 year. Recently, the employer got trouble with FairWork that under paid to all staff ( including me and my wife that we worked overtime for employer when I am holding visa 457 until now ) . So If the FairWork find out this problem, Have my Pr got problem with Immigration that my employer bulling me for a long time.

 

I will still holding Pr or will be cancel ????

 

Thanks for help

 

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.

I am a single mother who lives in HK with an illegitimate child. I want to apply for visa 189.

according to the DIBP requirements, I need to submit either a court order for custody proof or the form 80 signed by biological father.

i'd like to ask if the latter choice is not possible because we separated once the child was born and never contact.

For the former choice, based on HK legislation, bilological mother has all the parental rights and authority. Therefore, the court won't accept my application for custody proof purpose as it has already clarified by law.

in my case, can I submit this law for the proof of custody?

if not acceptable, in my case, any other plausible alternatives

 

i am really worried and frustrated. Can someone give me advice?

 

thank you

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.

7

 

 

Thanks for your prompt reply George!

 

I'll send a note on my immi account so that my CO is aware that I still need my 457 visaid too!

 

Many thanks,

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?

I am on 457 visa and leaving Australia next week. I understood from my company that they are not going to cancel my 457 visa which is until next year May.

My son is suppose to go school next year and I am thinking to send my wife next year along with my son so that he can start his school here. This is just to avoid to different education framework back in country as my plan to come back to Australia once my PR get approved may be sometime next year, finger crossed.

Is that possible for my wife to travel to Australia along with my son without me as i will continue to work in India? My son can get admission based on my 457 VISA even though I am not present in Australia and working in India.

I do have another question, VISA processing time for 190 VISA is faster than 189? My migration agent mentioned to me both are having the same processing time as per the DIBP site. I am really in a confuse stage whether I should go for 190 or not if the processing time is same in both cases. 189 VISA is better option but if 190 is faster than its worth going for.

Thanks for your help and time.

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?

So I guess my question is actually how long is expected before the 801 becomes granted after the date of application? Thank you

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.

So I got a CO allocated 2 days ago and she requested additional documents. The issue is that she mixed up the documents request between my wife and 10-month baby.

 

So for my baby she has asked:

 

- PCC

- Form 80

- Health Exam

- Marriage Certificate

- Evidence of Name Change

 

And on the next page she has asked the documents typical to ask for a baby: simple Medical Exam

 

I've emailed them to make the amendment on the document and resend it, and the email was sent to gsm.allocated@border.gov.au, since the CO designated that as the contact email.

 

2 questions:

 

- Is it even something to bother about, and the mixup won't cause any confusion when the documents are uploaded?

 

 

- When I send the documents, should I just upload them into the IMMI Account or should I email them at that email address.

 

Thanks a million,

 

Sam.

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.

Hi, I applied for a permanent residency 820 Visa back on Dec 4th 2014, and I am wondering how long will it take before I am granted permanent residency? My immi account states "This application will be eligible for consideration for permanent residence 2 years from lodgement (commencement date)."

 

So far so good with my application, back in Feb this year I was granted an upgraded Bridging Visa that allows me to leave Aus for a few months.

Will I be granted permanent residency in Dec? or would I be expected to wait longer than that? As I am looking to start studying and hoping if it's completed in time then I can possibly claim Ausstudy and also get cheaper rates on courses. Thanks!

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.

Mine's a lawyer. Still they are saying it's immigration fault. I will take this to MARA and see what will happen.

Thank you for all your help. Much Obliged.

 

A last question

 

If i go for mrt now for my application to buy some time, and after some months i withdraw my mrt and apply for 187 with another employer. How does it work?

Can i apply onshore or not? If i can which bridging visa will i hold ?

Thanks

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.

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?

Thank you for your prompt reply Wei Shu.

I had applied for 187 visa last year. Last week the nomination file was refused because my agent forgot to upload the financial documents. I have 21 days to withdraw my application or my visa application will be refused automatically. I am on bridging visa C now. If i go for MRT for my visa and nomination what bridging visa will i hold and in between the MRT if i apply for 187 from another employer, do i have to go offshore and apply like Fly out and fly in Or i can't come back until my 187 is approved.

Thanks in advance

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?

Moreover how one will feel, if the agent forgets to upload business financial document.

Your applications will need careful, strategic planning. Unable to comment on points test without closely looked.

Good day,

 

I'm a chef, from Malaysia, currently studying Certificate 4 Commercial cookery (waiting for certificate at the moment) and currently working in a French restaurant at Rozelle, inner Sydney. I'm planning to apply PR via 189 or 190 (secondary option). My student visa will expire in early November, which is next month. My current understanding is this::wacko:

- Chef is in SOL list. I have to go through the TRA skill assessment. Can I use the provisional skill assessment for future 189?

 

- It may take a bit longer to get invited via EOI, so my only option is to apply visa 485 to allow me to work, travel and stay further 18 months. I should get bridging visa if the 485 is taking some time. Once I have the 485, then apply visa 189 during the 485 period. Is there any other option in this case?

 

- I had studied in Mawson Place, ACT for 2 years, since June 2013. 1 year for certificate 3 commercial cookery and 1 year for Diploma in Hospitality. Currently, I'm studying Patisserie and Certificate 4 Commercial Cookery (all done, just waiting for certificate) in Townhall, Sydney, since April 2016. I should met the Australian study requirement of 2 years. I should score 5 points.

 

- All together, I had Diploma in Hospitality, Certificate 3 commercial cookery, Certificate 3 Patisserie and Certificate 4 commercial cookery ( due to receive in 2 weeks time), I should score 10 points for cert 4. If I send the cert 4 to TRA assessment and get recognised by TRA, I score another 10 points.

 

- I had worked as Commis Chef in 3 star hotel in Kuala Lumpur, Malaysia since 2008, before I resigned in May 2013, just before I came to Australia. I should score 10 points for overseas work experience. Do I need to proof with pay slip? Will TRA consider this factor?

 

- I have been working as cook and kitchen hand in ACT for 2 years. So, I should score 0 points for work experience in Australia as it is not related to SOL, in this case, Chef. My current work experience as Commis Chef in French restaurant is only 4 months.

 

- My IELTS score: L. 6.5 R.7.5 W. 6.0 S. 6.5 overall. 6.5 I should score 0 points, but meet the minimum requirement for 189 and 485.

 

- I'm 29 years old this year, so I should score 30 points.:cool:

 

- Since I study in Mawson Place, ACT, I should score 5 points for study in regional Australia.

 

I plan to apply 485 via Immi account ( I've done the student visa before via immiaccount) due to time factor in light to my student visa about to expire early next month. Is it a good idea?

 

What should I expect when I apply for 485 with Chef as nominated occupation?

Hope to receive some reply and advice soonest possible for my side of planning.:notworthy::notworthy:

 

Best regards,

Eric

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.

Hi

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?

Can ****** pass the buck on to the immigration officer stating that it's stupid to refuse it withut asking any further documents?

Please Help Its about somebody's life, money and time.

Thanks in advance

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.

Since daughter has a passport already, she is free to travel, regardless of whether under or over age of 16, unless she is on the prevention list.

 

You would certainly required to seek your ex's permission to remove/relocate your daughter, even if under UK law, daughter can make her own decision once turned 16, it still advisable.

 

Remove a minor without other parent/legal guardian's consent is a serious matter.

 

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, however, application for a visa will still need all parents/legal guardians to sign to my knowledge.

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.

Hello

 

Quick and easy question hopefully - how long before your course start date can you apply for your Student Visa? I've heard 90 days and also 124 days - which is correct?

 

My course would start on 30th January.

 

Thanks!

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.

Since daughter has a passport already, she is free to travel, regardless of whether under or over age of 16, unless she is on the prevention list.

 

You would certainly required to seek your ex's permission to remove/relocate your daughter, even if under UK law, daughter can make her own decision once turned 16, it still advisable.

 

Remove a minor without other parent/legal guardian's consent is a serious matter.

 

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, however, application for a visa will still need all parents/legal guardians to sign to my knowledge.

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.

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?

Please do not follow this advice!

 

A parent does not give approval to relocate to another country based on a signature on an application form for a passport.

 

I have already told you what the procedure is - go to mediation and then make an application at Court on a C100 form.

 

if you take her out of the country you could find yourself subject to proceedings under the Hague Convention.

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.

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.

I know how unaccompanied minor system works, but then the approval of parents is already in place, you stated that anyone under 16 with a passport can freely travel which is clearly wrong!