Wei Shu

Q: What are my options? I have enquired at work for them to sponsor me but it is in the very early stages. If they decline, then what? A: Will need to find another sponsor willing to sponsor you, you will certainly no longer be able to keep the current job, but working for the new employer once the 457 visa been granted. Q: Will my work experience outweigh lack of formal qualifications? A: Yes to your 457 visa, no to GSM, may be to ENS direct entry. Q: Does 'character references' extend to how I have engaged in Australian society? A: Character references usually relevant, or useful for visa cancellations, partner visa application with failed spousal relationship, or citizenship application, sometime but irrelevant to skilled PR applications. Q: Self sponsorship - is this an option? A: It is not impossible, depends on natural of the position, but not going to be easy, especially of those newly established business.

Case by case. There will be a consideration as to the nominated position is necessary for the operation or just for the purpose of.

If they were included as member of family unit for SC489 and now ready for PR, then they would still meet the requirement as family member, despite they are no longer resident in family head's household and financially independent. You can found detailed definition in Regulation 1.12. However, it is not uncommon that the case office may still ask for evidence of dependency.

You can obtain a movement record, but do not think it is necessary, you would have known on when your visa was ceased and when you actually departed.

Unless the sponsor has your login id. However, your sponsor can check your visa status via VEVO if the sponsor has a copy of your passport.

U'll receive an acknowledgment within a couple days.

Q: I came to Australia this year and stayed for 4 months on a Visitor Visa, a visa than ran out at the beginning of June. Just one day before my visa expired I applied for a Student Visa onshore. As I didn't have enough money on my account yet, I went to the immigration office and told them that I wanted to apply for a Bridging Visa D. Reason is that I didn't have the money to pay for the Student Visa at that moment, but a transfer from my Spanish bank account was on its way so I would be able to pay for it a few days later. I was told in the office that I should apply for a Student Visa instead. They told me that if I applied right there in the office, I wouldn't need the CoE and that's what I did. A: the officer of the DIBP was right, you should apply for a student visa before the expiry of your visitor visa and you wouldn't need to have a COE for a valid application to be lodged. Q: A few days later I received a notification saying that my application was invalid because they couldn't take the money from my credit card. I went to the bank and they told me that my credit card was blocked because they detected a scamming device in one of the ATM's I used to withdraw my money and that a new credit card would take a few days to arrive to my bank branch. A: This was an unfortunate situation, however who to blame? Sorry for my wording, but I have to say there are legal requirements for a valid application to be lodged, no VAC payment means no valid application. Q: explained this by email to immigration and told them that I could pay cash or bank transfer, but my new credit card would take a few days to arrive. They told me that credit card was the only valid method, so my application was declared invalid. A: sure you have a discussing with them regarding the way to pay your VAC, but it certainly a bit too late for you to savage the application, since it had been returned as invalid already. Q: I went to immigration to fill the application again and this time I received an email saying that the application was invalid again because without a CoE they could not grant me a visa (they told me a totally different thing in the office) and that because of the application being invalid I was not under and bridging visa and therefore I was an unlawful citizen A: Actually the Department got it right, and yes your application was invalid again, for different reason, because you had no visa, and your previous visa was not one of the prerequisite visas. The DIBP also right that no visa can be GRANTED without a COE, and you are an unlawful (non) citizen because of invalid application, and they didn't grant you a BVE. Q: That same day I paid the CoE and answered the email providing my CoE number hoping that everything was fine. A: Sure you didn't consult with a migration agent, paid fees to get a COE at this stage simple waste your money, because you can not lodge a valid application.

Q: are you sure about the entry requirement, because my wife should get the permenant residency straight away without needing to wait 2 years under provisional visa subclass 309? A: It most likely will be the case. Your relationship is a long term one, therefore under the regulation, need not be wait for 2 yrs for second stage process, rather the DIBP/DFAT may just grant 309 and 100 at same time, one after another. However, there is still possibility of being granted 309 only, which has had happened once to one of my Indonesian client may years back, and there is no review right as it is not a refusal, you certainly can lodge a complaint. Q: we are applying from UAE(Dubai). Visas there are easier usually to australia, do you have any idea how long does it take to get the visa? A: From top of my memory, UAE is not an ETA eligible passport, so it is not considered to be a low risk country. There is no specific time frame or requirement for a particular visa must be finalised from a country or region. Majority may be finalised in the vicinity of one year. All three children are Australian citizen means they have social security entitlements, therefore you will have lesser change of being asked to show your financial position.

You may still not be able to get a copy of the file even if the service been terminated, unless the sponsoring business gave a consent, or realistically get a copy from the business, rather then ask the agent for it. I have been requested, from time to time in the past, by the sponsoring business to ensure them, not to disclose any information to the visa applicant, some employer had even refused to use my service because they don't like use same agent to act for both sponsorship/nomination and visa application.

If the postcode of business location is 6083, then RSMS or SC187 application is not possible, unless the actual work place is in the regional area, but it doesn't look like relevant to your situation. On the other hand, to nominate a marketing specialist by a small business is a troublesome application, for quite sometime now(past tow years?), DIBP is allergy to it, and if the business is genuinely in need of a marketing specialist, then there will be a lot more work involved. ENS direct entry will require you to have a positive skills assessment and minimum 3 yrs of relevant working experience, even if a nomination been proved. So SC457 visa is a most suitable visa in your situation, that is my opinion

Grant a visa and have a visa are two different things. One can be granted multiple visas and as most people have, such as granted visitor visa, then a 457 visa and further a PR visa etc. but can only hold one (substantive) visa at any time, the previous visa will be ceased upon the grant of a new visa, that is why you will be asked, when lodge a further application for a visa, that whether you have unfinalised application which is still being processed.

If a new passport issued post the visa grant, then no need to do anything, the DIBP's system will be updated automatically once the new passport been used once. Some people may carry both current and expired passports, some may just print out the visa letter, either the granting letter or one downloaded form VEVO, as a double insurance, upon entry. My understanding the imaging matching in DIBP's system is very powerful, once a new passport been scanned then it will be processed to ensure that the new passport issued to the right person, all done by the system.

There is other possibility of the agent was appointed by her employer, therefore all the communications may took place between employer and the agent, and since it may not yet reach to the visa application stage. If the fees paid by the sponsoring business, there would have no written agreement between agent and the visa applicant. The Clause 4.4 of COC provides that one can not take over the work prior the reception of a copy of written notice by the client (even if a friend) to theother agent that the other agent’s services are no longer needed.

Not sure why the applicant has not been provided with a copy of the files, however only the applicant can make a request for a copy of files related to his or her application, but not of sponsorship or nomination. The 457 visa can only be lodged soon after the sponsorship and nomination (DIBP's system sometimes allows you to pay for all three application in one go, or one by one. You can not lodge visa application prior to the sponsorship and nomination. The agent may be waiting for the documents from the employer (mostly form accountant) for a proper sponsorship and nomination applications, hence the 457 visa application yet to be lodged. Some agent may lodge the visa application after the sponsorship and nomination been approved, especially for those offshore applicants, depends on circumstances. In any event, it is the responsibility of the agent to explain orally, as well as in writing to the clients, on procedures of the applications being lodged.

You certainly can use your in-law's finance, not necessary your own parents. The amount requested and some other documents may be used to support genuine access to the funds to meet the visa criterion clearly been pointed out by the CO in the letter of request. Wei Shu RMAN: 0103008

Question regarding dual nationality or citizenship not really important for most applicants but protection visa applicants, it may make all the different if you have dual nationality. If you do not really know, or not sure and wanted to fill in the form as perfect as possible, you could just tick yes and then provide an explanation at second last page of form 80.

Q: Question 19 on form 80 asks for all employment history since birth and to include all gaps between education and employment as unemployment. I worked on and off, part-time, whilst I was a student at university, so there are quite a few gaps throughout the year: Do I need to list these gaps as ‘unemployment’ even though I was a full-time student? Do I even need to list my part-time work whilst being a full-time student. A: No, you could just fill out from when to when, worked on and off part-time on school holidays, on various jobs at various places, that was I usually do to my clients applications and never had any problem. The form 80 designed for all applicants, mainly used for your background check, only very limited occupations may be interested to the authorities. Q: In my EOI I only listed my 'professional’, full-time work experience. I never thought to list part-time work whilst I was a student. Will this discrepancy be a problem? A: No, there shouldn't any problem unless the contrary intention appears otherwise. Q: After graduating from university I spent 4-5months at my mother's, job searching until finally starting full-time work. Do I list this period as ‘unemployed’ even though I never signed on for jobseekers allowance? A: You can either, put looking for a job or unemployed, nothing will affect your EOI or application anyway.

You certainly can import the application to your own immi account, however I don't think it is necessary in doing so, since there is a migration company/agent acting on your behalf. If the application was lodge in July this year, two months is not a long time at all, and upfront health and character clearances, including form 80, may save you some time, but you will still need to wait for the application being allocated to a case officer, and then the application may be finalised without being asked for any further documents, if it is a decision ready application plus upfront clearances.

Are you saying that you have over stayed in Australia or previous visa been cancelled in the past?

It highly unlikely you can claim 15 points for your working experience, since you do not have a relevant bachelor, let alone with a positive ACS skills assessment. Do you have at least a Diploma in IT? Company restructure does not necessary mean the end of ENS TRT stream pass way, or the 2 years time clock has been reset to the very beginning.

Q: will she be required to go to australia within a specific period after her application is approved. A: Yes, there will be a initial entry requirement attached. Q:will the immigration ask me for a proof of financial ability to sponsor her like salary certificate. A: Not normally will since the Social Security Act changed few years back. Are all your three children Australian Citizen? Q: is it a problem that i am living outside australia now and havent been to australia for the last 8 years.given that i mentioned in the application that me and my wife will move to australia after application approval A: Yes, there is a usual residence requirement for eligibility to be a sponsor. The usual residence is not defied in the migration regulations though. Q: how long does take for the application to be approved. Given that i think i submitted a full application online with full attachments and evidences of genuine and continuous relationship.except for the medical test. A: Depends on country of origin, it may vary for high or low risk country, some may take 7,8 months to 12-15 months, not many been approved in lesser then 7 months to my knowledge.

You will highly unlikely to get 15 points for working experience, since you do not have a relevant bachelor degree, let alone with a positive skills assessment from ACS. Do you have a Diploma in IT? The company restructure is not end of ENS TRT stream or reset the 2 years clock to the very beginning.