Wei Shu

An Australian Citizen can be granted a visa and travel to Australia on a UK passport, Is this you question about?

It is a Declaratory visa (5 yrs visa) specially for Australian citizen travel on foreign passport.

Application form is 931.

Really? Perhaps another migration agent could comment on this advice as it seems slightly questionable.

Deleted.

I do not think it would be a problem unless the Airline staff or authority has doubt about it, then they may make a contact with their parent(s) to confirm. Minor can not travel alone without an adult accompany him or her, or have pre arrangement for minor traveling alone. The process of unaccompanied minor traveling alone is simple, fill out the form and signed all done at airport, minors usually will have a sign over their nick, once arrived at the destination, the fight onboard staff will hand them over to the airline ground staff, and leads them out to the waiting area, and handed them over to the person (family, friend) waiting at the airport, the process certainly relevant to safety issue, not about the lawful removal a minor we had discussed.

I remember couple of years ago, a mother took her son onboard without father's consent, who also has joint custody over their son, but only emailed him an hour or so before departure, when the father alert the US authority, guess what? The authority had ordered the flight to return back to Dulles Airport, despite the flight was already in Canadian Airspace. Dont know if UK law much different to US?

It practically impossible to check each and every minor, 2 yrs 5 yrs or 8 yrs, whether both parents agreed such a travel every time they fly out.

Surely not if under 16? every child has to have a passport these days but would the authorities (passport control, airline staff and the like) let an unaccompanied 2yr or 8yr or 12 yr old fly out of the country? I think not.

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.

Hi Everyone

 

We are in the final stages of our 309/100 and have come across a problem, was wondering if anyone can advise please?

My wife is due to go to London with her daughters Australian passport application on the 18th October ready for when we go but at the last minute, her father will not sign the passport application form!!! (Her daughter has Australian citizenship)

 

Is there a way that her daughter can arrive in Australia with her British passport or is there a way we can apply to the local court to make him sign?

My wife's daughter will be 16 when we go, and her father has pretty much nothing to do with her and certainly does not make much financial contribution towards the upbringing of her (£20 here and there but no regular payments)

 

Any advice would be greatly appreciated.

Thanks

Yes, you can volunteer. The legislative definition of 'work' as an activity that in Australia normally attracts remuneration.

How other people can help you for your declaration, the questions are very clear, it asking if you have engaged or have not in doing something.

Interestingly though, quite a few people actually ticked each and every boxes.

The visas were granted to them even if 3 months left on their passports tells you that changes of a new passport no longer an issue, you actually no need to do anything after the visa grant. Previously, visa will not be granted, for offshore applicants, if only three months validity left, 6 months minimum, many case officers wanted to have at least 18 months, you will be requested to get a new passport before they grant you the visa.

quick question my brother in-law and family have got there 189visa got approved in march, they are moving over to Brisbane in jan, but since they applied there sons passport ran out in June, they have his new one, how do they update the visa with his new details? just don't want any complications when entering Australia.

 

 

cheers steve

Q: I'd like to add my girlfriend of 2 years as a de facto on a 457 visa I'm about to apply for. General opinion seems to be as we haven't been living together it's unlikely we wouldn't be granted it is this correct? She will be moving in with me next week but up until now how's been living at her parents and staying at mine a few nights a week.

A:Not exactly, a couple can be in de facto relationship or satisfy S.5CB of the Migration Act, but physically not living together, but it may needs to be assessed case by case basis.

Q: She would qualify for a WHV as she's under 30 so is this the best way to go?

A: Why not, get a WHV first, you can always add her on your 457 late on.

Non contributory aged parent visa can be considered.

Female 59

Male 65

Chest X-ray only, for 457 visas, and only required for TB high risk country applicants, mostly Asia countries. But there may be tick questions here and there been answered, however I don't think a bid deal there, as long as you meet the health requirements for your ENS visa.

You do not need to provide any medical or hospital records, or get a letter from GP, other then to disclose the history of medical condition if have considered any. Whether you satisfy the visa health criteria or not, will be determined by Panel Doctor (Bupa Visa Medicals) and you will be required to do further assessment, either at a hospital or a special clinic.

Some applicant(not many) may undergo a pre visa medical assessment in the past, not sure if there are any doctors still doing this.

In terms of fill in an ehealth form may potentially cause any problem, well if there is any then it already there, since you have been working in Australia for 4 years, I would say, you have already fill out the medical forms for your visa. Did you disclose it in the past?

As the information you have provided, it doesn't look like you will fail the visa medical, you do not take any medication or treatment for 14 years and been in full time paid employment for over 10 yrs.

Hello

 

I'm new to the forum and am looking for a bit of advice on how to best prepare evidence for a forthcoming PR health check (ENS 186). I had inpatient hospital treatment for a couple of months for an eating disorder in 2002. I think I need to declare this on the eHealth form as it might come under "prolonged medical treatment". After searching around a bit I understand that I will be asked about this, and I think it would be best to provide some evidence.

This happened a long time ago, I recovered completely and have not taken any medication or required any treatment since 2002. The issue that I'm having is that I left UK more than 10 years ago, and have moved country a few times in those years as part of my job, therefore the GP who treated me at the time in UK doesn't have my records and has not seen me since 2002. I have not had a long-term regular doctor who would be able to comment on my history since 2002. So, basically it would be hard for me to get a GP letter.

 

Should I try to provide any medical/hospital records (if these can be located) from the UK? Or, is it sufficient if I visit a GP here and ask for a referral to have a one-off independent psychiatrist assessment? I have been employed in Australia for the last 4 years, and I could provide evidence of continuous full time employment for the last 10 years if that would also help.

 

am I on the right track here? any tips and suggestions would be really helpful and greatly appreciated. thank you!

It appears that your are a bit confused between evidence of genuine relationship and evidence of length of de facto or cohabitation relationship prior to the application.

Thank you George.

 

I am sure she is aware but I'm not which is why I asked.

 

I guess i am trying to judge if a trip overseas is worth the cost and hassle. We have further evidence of the 12 months to offer and they never asked for reasons why I didn't fly to Aus as soon as we decided on a relationship but there were justifiable reasons for that also. However i am aware there is no certainty with any appeal. If they gave back the cost of the 2nd application if you win an appeal we'd have done it by now but they don't you lose nearly $7k plus trip costs and the cost of a visa B to leave in the first place.

 

Thanks for the help though

 

Sarah

Q: We applied for a partner visa which was subsequently refused because they didn’t agree we had been in a relationship for 12 months prior to applying. After consulting with a migration agent we have appealed that decision.

A: The 12 months de facto relationship can be waived, you obviously didn't consult with a migration agent who has knowledge with the requirement, the application most likely would not fail if you did, even after the application but before the refusal.

Q: We were also advised to leave the country and submit another application as even Immigration accepted in their decision on the original application we have met all the other criteria and are a genuine couple. As I’ve been living in Aus for close to 3 years with my partner we obviously meet the 12 month criteria as well now.

A: It certainly an option, but another $6,865 obviously. But if < 12 month was the only issue in your application, then it may not necessary in doing so, and remember there will be a cost for at least two overseas trips on top of the $6K+.

Q: The worry I had was if I leave and submit a new application will I have problems re entering because when I reach the border they will see I have an appeal and a new application in and I fear they will conclude the new application somehow invalidates the appeal so my bridging visa then becomes invalid and I’m refused entry.

A: The short answer is No, you no need to worry you will be denied re-entry just because an existing offshore application. The AAT application will not be invalidated due to a fresh application lodged offshore.

Thanks. They already are but their agent seems to be suggesting that if it doesn't come up on their police check then it's all good. My understanding is that they should declare it regardless?

Fail to declare will not only take your own risk of the application being refused on PIC 4020 ground, but you setting on a time bomb as well, remember that the S.101 of the Migration Act requires you to complete your application in the way that all the questions are answered and no incorrect answers are given, fail to comply will result your visa being cancelled under S.109, even if the visa had been granted to you/him.

Quite a large numbered of nomination applications will fail to satisfy R.2.72(10(f), a corner grocery store had successfully nominated a couple of Customer Service Managers are things of the past.

Q: Totally confused .....retired couple p looking to ask an agent for help as we just can't seem to grasp all the ins outs ...visa to live with daughter and her Australian husband ....and grandchildren ....can anyone say roughly how much an agent charges ...looking to go on long term visa can't afford the contibtary visa.

A: Fees vary between agents, as well as level of service provided.

Service for preparing and lodging a non contributory parent visa application is relatively simple, however you just unable to tell how long you will be placed in the queue until one day been released from the it, 8 years? if you lucky enough, or may be 10, 15 or even 20 years may not, not possible, especially the introduce of the new 5 yrs TR visa. Some agent, including my self simple will be unable to provide full service, but ends at the queue letter.

Q: .daughter is sick in Australia but have been told carers visa very dificult to obtain .....

A: Yes there a lot of work involved in carer visa, however, the key problem for a carer visa is the number of visas can be granted each every year is very small, there is a long queue for it already, say between 5 to 10 years waiting, it is not really an option especially for those applied from offshore.

Q: I am on a working holiday visa so have the right to work here. Am I correct in thinking I can work for my current company in Australia for a period of 6 months? Who am I to notify that I have begun work in Australia on a freelance basis?

A: There is a condition attached to your WHV, you can only be working for one employer for up to 6 month or will breach your visa condition, which will result of your visa being cancelled. You do not need to notify anyone but not to breach your visa condition, the employer however, also required to check your visa status before employing you.

Freelance should be considered as self-employed, therefore the question will largely depends on who is the end user? The condition may limit you to provide your service to same the end user for up to 6 months only. It certainly a bit complicated then working for a company as paid employee.

To work for American company while in Australia will have to be considered separately, case by case basis.

In relation to Taxation, I would suggest you to consult with a lawyer or taxation agent who familiar with Australian taxation laws, but as genuine rule, everyone needs to lodge tax return (Australian Term), you may apply for a Tax File No to start with, if not yet have one.

Q: We are just weighing up getting help with the application. First Contact have quoted us $2,200

A: If $2,200 covers whole lot of service, say to act on your behalf from the very beginning to the DIBP made its decision on your application, with no hidden fees/cost, then it is very low.

Q: Are there any other recommendations for agents or is it fine to go alone, or is there just a document checking service to give the once over before we submit?

A: Sure some agents out there may provide documents checking service, but many agents including myself simple don't do it. And yes there is no such a requirement that the application needs to be lodge, or to have an agent involved.

Q: My partner and I have lodged an application for 457 sponsorship on May 25th. The paperwork was collected by me, but lodged by a lawyer (selected by the employer , not my preferred choice as not MARA)

The lawyer also lodged the SBS and nomination. He received 2 requests for information for the business, and received 1 request for my partner. The request for my partner was for something that was already provided (evidence of qualifications) but the lawyer had uploaded all of my documents in bulk and so the case officer thought the evidence was missing?

A: Correct, not a MARA agent, may lack of knowledge in Migration Legislations and experience. To provide documents in bulk is problematic, and should be avoid in doing so. There 3 applications involved, SBS, Nom and Visa, you need to upload supporting documents to the relevant application, never dump them in in bulk. I once been told by a case officer, over the phone, a few years back that they usually check cross the applications, say if documents for visa application are not there, then they may be check if docs have been uploaded wrongly to the nomination application, and it may be happened if application for Nom and Visa are allocated to same the case officer, as well as processed at same time.

Two requests for sponsoring business, 1 for SBS application and 1 for Nomination, and the other one is for visa application.

Q: On Aug 17th I logged into IMMI myself and read a letter for Natural Justice, and after lots of panic, found out that the SBS had been rejected that day, due to not having evidence of training benchmark.

On August 22nd the SBS was lodged again with the missing piece and additional $600 paid by the employer.

A: There is a possibility of documents not have been provided by the sponsor, they may be busy, certainly it should have been followed it up and make a request for extension of time before the deadline to ensure not being refused for fail to provide enough documents or evidence.

What is $600 paid for, it higher then fee for SBS but lower then SBS + Nomination, which the sponsoring business needs to lodge.

Q: My partner has been working for this employer for over 6 months and is enjoying the role...however should we just cut our losses and find another job? He has been on a bridging visa since June.

A: Don't do it now, if the sponsoring business withdraw the sponsorship, then you only have 28 days to find a new employer, or will be a refusal, unless you decided to withdraw the visa application.

Q: Would a new SBS application now put us to the back of the queue again , does anyone know what sort of timeline are we looking at (Natural Justice letter gave us 28 days)

A: Yes in most cases, you will just have to wait for allocation, and currently will be 2.5 to 3 months time. 28 days is a prescribed period of time to provide documents on S.65 letter, once you have received the letter you will need read it carefully and provide what being requested, unless something may not in favour. It is your decision whether to provide further information been requested, but not must be, and under S.62 of Migration Act, the Minister can not take further action if failure to provide, but a decision may be, and sure will be made on what ever evidence been provided.

Several scenarios:

1. Application lodged, child born prior to the decision, then the newborn will be included by operation of law, regardless of on or offshore when given birth.

2. Application lodged, child born, in Australia post the decision, the s/he will be an Australian citizen at birth.

3. Mother's visa was granted then child born offshore, before the mother able to make her way to come, newborn will have to apply for a visa. However, it can be managed and in most cases, mother usually unable to do a chest x-ray, due to pregnancy until child's birth. so back to No 1 above.

1) There will be income test on him. 2) One can only give AOS to not more then 2 adults at any one time. 3) Since there is no regulation in relation to the new visa as yet, will have to wait and see if this still correct or current.

Thanks for your reply. I will sponsor my mother and my husband would sponsor his mother so we would be ok in that regard. Can my husband act as financial assurer for both my mother AND his mother?

 

With thanks!

Subclass 190 south Australia we a worried that if we wait to apply after the baby is born that we may come of the csol list.

Why wait? Adding new born child to existing application is 'by operating of law', the process involved is purely administrative related. You may be asked to fill in an application form, however, it is not an application rather a way of collecting the information required.

Short answers: 1. No limitation on number of sponsorships can be made, or No of people can be sponsored, but there will be sponsorship obligation requirement test. 2. You can not sponsor in-laws.

Thanks - I was hoping one of the agents could let me know if it was possible to sponsor more than one parent ie my mother AND my mother-in-law. I wasn't sure if there is a limit as to how many people you are able sponsor/offer to be financial assurer.

Unless it is exempt from LMT, you will have to provide acceptable evidence of the market had been tested within 12 months prior the the nomination application, it is a mandatory requirement. NO actual advertising of the position, but 'through recommendations, word of mouth' will not be accepted. What is the nominated occupation?

Dear all

 

My proposed employer recently had the Nomination stage refused due to LMT. Apparently they don't tend to actually advertise positions formally, rather preferring to fill roles based on word of mouth or recommendations. Given this fact, will it be basically be impossible for them to satisfy the LMT requirements and as such not be able to achieve a positive nomination?

 

Best regards

Nick

hi

were pr on 189 visa been been in adelaide for 2 years on 11/9 .

my mum was here on e600 but had to leave as her visa ran out 6 weeks before our 2 years and we were advised had to wait for full 2 years to sponsor her.

she left oz on 14 july and we were advised to wait 3 months before having her come back in on a normal holiday eta visa . (which hopefully will not have the no further visa condition on it )

was hoping to have her fly back in on 14 oct but now a bit worried about it all as want things to be smooth as want to apply for an 804 for her .

would anyone have any advice to give me about this ?

tia

The term Settled Australian Citizen/PR is defied in r. 1.03 to mean ‘lawfully resident in Australia for a reasonable​ period of time, therefore there is no strict 2 yrs physical resident requirement, but a reasonable period.

There two conditions here, physical resident and intention of place of resident.

By the way, requirement is lawful resident, resides in Aust. on any visa, including Bridging Visa will be counted.