acc0101

8 hours ago, rammygirl said:

Get advice from a registered agent.  Westly Russell who has posted on this thread for example.  You need professional advice not help from us well meaning but ultimately amateur forum members.

Well worth spending money to save heartache and more dollars down the line.  

Seriously this is NOT a DIY application!

No one can give you reliable advice without ALL the facts of your case and FULL knowledge of migration law, expect to pay for good advice it is worth it in the long run. 

1

i would have to do.

3 hours ago, wrussell said:

if a person is in spousal relationship (de facto or married) sh/e cannot be included as a  secondary applicant.

Presumably your de facto partner was not in a spousal relationship when her 309 was processed. If this is the case you are probably ok, but I suggest you consult a registered migration agent to be sure.

Her 309 visa was processed 4 years ago.  100 was processed in 2016.  and i met her in March 2017.

Her 100 granted on March, 2018. 

Is that mean a dependent child (she is 25 now), CANNOT be married or being defacto when they are in AUS during 4 years waiting time ?!?!

8 minutes ago, Tulip1 said:

How about you tell the truth 

if it's no conflict........

9 minutes ago, ali said:

Isn't that making a fraudulent application?  ETA … speak to an agent.

one of an agent advised me to get married with my gf ASAP....

42 minutes ago, wrussell said:

if a person is in spousal relationship (de facto or married) sh/e cannot be included as a  secondary applicant.

Presumably your de facto partner was not in a spousal relationship when her 309 was processed. If this is the case you are probably ok, but I suggest you consult a registered migration agent to be sure.

Ok. i know what you guys mean now. how about we count our de facto starting date start from March this year after she got her PR, and we go to register a relationship to waive 12 months period ? 

If you have previously sponsored a partner or been sponsored as a partner Your partner’s visa application may be refused if you are affected by the following sponsorship limitations that are imposed if you: •

• have sponsored another fiancé(e) or partner within the last 5 years; or

• were sponsored as a fiancé(e) or partner " yourself " within the last 5 years.

4 minutes ago, ali said:

 

Do you meet the requirements of a defacto relationship?

yup. living together over 15 months and live sharing

Hi all, 

We are going to apply 820 visa.

My girlfriend granted her PR on 100 visa this March, 2018 . Her mother is the main applicant in 309/100 visa and my girlfriend is secondary with her sister.

Is she eligible to be a sponsor or need to wait years?? 

i read sth about 5 years rule..and a bit confused

When you may not be eligible

You may not be able to sponsor your partner if any one of the following applies:

• you were sponsored for a partner visa as a partner yourself within the last five years

28 minutes ago, Samson said:

Good Luck, I hope it works out for you, shame about the 457  ;-) 

Thanks mate all the best. 

shame on 457 

2 minutes ago, Samson said:

It's a bet alright. 

Just off topic, how long has your nomination/visa appeal been with the AAT?

almost 10 months. still waiting. 

Don't want to work with this employer anyone, and that's why i am finding some way to apply partner Visa on-shore. 

Just now, Samson said:

Well if that's what your agent said then the choice to do that is up to you. 

I am worried tho, if your 457 visa has also been refused and you are not appealing it, then surely that classed as a refusal and a ban will apply? 

I don't think anyone on here can give you the answers you need unfortunately '=(

 

 

2

My employer's nomination been refused and them my 457 refused afterward. 

Both already in AAT appeal. 

Just want to collect some option before this bet. 

2 hours ago, Samson said:

Well I can think of 2 potential issues. 

1 - You get refused on re-entry as you are  not a genuine tourist + 3 year ban

2 - You get NFS on your Visa and unable to apply for a Partner visa anyway. 

 

Hi everyone. 

I am planning to cancel my Bridging visa A. and re-enter AUS with travel visa. 

I am waiting for the AAT appeal for my 457 nomination, and holding a Bridging visa A.

However, I do not want to work for my employer anymore now, the result is nothing to me now. 

I am planning to lodge a partner Visa on-shore ASAP and would need a travel visa to do it.

The tricky part is i don't want to waste time for canceling and waiting for IMMI to cancel my Bridging visa A.

i am planning to leave AUS directly and apply and ETA travel visa oversea and re-enter AUS with this. 

Would it be possible to do this? any hidden issue i need to worry about ?

Cheers

Hi All, 

I am currently on a Bridge Visa A, and waiting for the decision of AAT on nomination. 

I have been working for this employer since Oct, 2016 when i was on 417 WHV until now.

I got my Bridge Visa A on Feb, 2017, after 457 lodged. 

But i don't think my agent lodged the extension of 6 months work right permission...

Am i working illegally now.......??

16 hours ago, Samson said:

Would I be correct to think with this new advice, that even though my occupation is on the STSOL because I applied before april 2017, I would be entitled to PR Via the temp transition? 

Same question i would like to ask

Apply before April. Approved after April in STSOL 

On 2017/8/31 at 07:46, Raul Senise said:

Your matter is complex and trying to obtain advice on a Public forum based on minimal information is not ideal.

The bigger issue you will have based on the basic information above is Schedule 3.

You already appear to be in a difficult situation. Do yourself a favour and obtain some professional advice, specific to you, before you you dig an even deeper hole for yourself. 

 

I asked 2 agency the same question, but they both came out with different answer. 

any one ? :-(

Hi all, 

I am currently working under Bridging visa A, but unfortunately my position nomination had been rejected.

My employer launched the AAT appeal afterward but it would take a year for waiting. 

My current 457 Visa is still pending, my Bridging visa A is still in effect. 

The question is, another company is going to offer me a same position (with much better salary) with 457 visa.

Can i swap my Bridging visa A to another Bridging visa A and work for new employer ?

Cheers 

3 hours ago, wrussell said:

If you have a visa refusal onshore, an onshore partner application would not be a viable strategy.

May I suggest again that you consult a registered migration agent?

Yes mate, they re registered. 

i am now collecting the 1 year living time in AUS, hopefully the appeal time will take more than this and i will apply partner visa off shore. 

20 hours ago, wrussell said:

They do not have to:

MIGRATION ACT 1958 - SECT 54

Minister must have regard to all information in application

             (1)  The Minister must, in deciding whether to grant or refuse to grant a visa, have regard to all of the information in the application.

             (2)  For the purposes of subsection (1), information is in an application if the information is:

                     (a)  set out in the application; or

                     (b)  in a document attached to the application when it is made; or

                     (c)  given under section 55.

             (3)  Without limiting subsection (1), a decision to grant or refuse to grant a visa may be made without giving the applicant an opportunity to make oral or written submissions.

The MRT no longer exists. You can expect the AAT to take a year or so from the date of application to make a decision.

Cheers mate, 

Thanks for your details. 

Another reason for me to appeal to AAT is letting-out the time to stay in AUS with my GF ( she is PR), and apply for partner visa. 

wish the appeal time will take over a year. 

59 minutes ago, wrussell said:

The AAT filing fee is $1731.

If the nomination is under review, the visa applicant has review rights, if s/he is in Australia.

May I suggest that you consult a registered migration agent?

Registered Agent. 

My company use same agent for another 457 application before, totally okay. 

The reason of rejection is quite subjective, IMMI said do not a enough document to proof the job nomination reach the skill level as their definition, but they didn't asked for further document before, then reject our nomination directly. 

Anyone know how long will take for the MRT process ?   If it is  over a year, i may able to apply the partner at that time. 

Almost 6 months waiting and my job nomination has been refused yesterday. 

That mean i only got 27 days to stay..

My agent suggested me to appeal to MRT. 

But some article said if the nomination is not approved, i have no rights to appeal anything.

Is that true ?

already  4 months , nothing approved yet 

1 hour ago, wrussell said:

When rules change, the DIBP often treats unfinalised applications under new rules.

Fairness and reasonableness play no part in immigration decisions.

Many applicant lodged perfectly good applications only to be told some 6+ years later that the rules had changed and they had not made an application at all.

with those new rules on Visa 186 announced on 1st July, it will only apply on new application, not the pending one. 

Hi all, 

My 457 application lodged on Fed before the new policy change, my job has been moved to STOSL  and result is still pending. 

There's no doubt that my visa will be granted for 2 years, no pathway to PR. 

Immigration keeps changing all the time, but the MOST unfair part for this 457 new policy is the government apply those new rule to who had submitted their application before 19th April. 

We followed the old rule to apply Visa, and come up with a result that we are not applying for.  Is that reasonable ? Is that fair ? 

I am wondering is there any legal action we could do to appeal.