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paulhand

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Everything posted by paulhand

  1. The definition of de facto relationship, in law, is one in which the partners are not married and "have a mutual commitment to a shared life to the exclusion of all others; and the relationship between them is genuine and continuing; and they live together; or do not live separately and apart on a permanent basis; and they are not related by family." The de facto relationship begins when these criteria are met. It is not wise to equate this with marriage as you can be married and still fail the partner test for migration purposes.
  2. He would need to demonstrate substantial ties, but there is no requirement to demonstrate “compelling” reasons for absence unless he has been away for 5+ years. However, as other posters have said, the longer the absence, the harder it is to demonstrate substantial ties. Having an Aussie partner is a good start though ...
  3. As answered in your other post - yes you need to add these days on. You are allowed to go on holiday, but the days outside of Australia do not count towards the residence requirement.
  4. You need to have been physically present in Australia for 730 days in the 5 years before applying. These days do not need to be consecutive, so you just add the total number of onshore days.
  5. There is no leeway at all on the 2 years if you want a 5 year RRV, it's built into the law.
  6. There is no 'fast track' process for RRVs. Bridging visas are usually relatively quick - you will need a BVB to travel and return.
  7. Assuming you are offshore, this is true and provided you still meet the criteria there is no reason for there to be any issues.
  8. This is not the correct way to look at this issue. You DO lose your permanent resident status if you are offshore and the "travel rights" of your permanent visa have expired. You may reinstate your permanent resident status by being granted an RRV (or another permanent visa), but whilst you are offshore and without a valid visa to return, you are a FORMER permanent resident in the eyes of the law and the Department. "Extending PR" is the wrong terminology, but an RRV (i.e. a Resident Return Visa) is not some form of add-on "travel rights" , it a new permanent visa which replaces whatever former permanent visa you previously held. In the OP's case, as Raul advises, it would be a good idea to discuss strategy with a professional.
  9. Have you changed your passport and not updated the Department? Sounds like your travel records aren't linked to the details you provided.
  10. This is not a simple question, your uncle should speak with a Registered Migration Agent with all the facts.
  11. There are no travel restrictions whilst your PMV is current. Going forward, if you intend travelling after that then you need a Bridging Visa B.
  12. Your choice, as long as it's done before the PMV expires. Are you sure about that expiry date, as a PMV runs 9 months from grant?
  13. More specifically: • Work and Holiday makers (subclass 462) will be able to undertake regional plant and animal cultivation work in additional priority areas to become eligible for a second visa. • Extension of the period a WHM (subclass 417 and 462) may work with the same agricultural employer from six to 12 months. • Introduction of a third year visa option for WHM (subclasses 417 and 462), who from 1 July 2019 onwards complete six months of regional work in the second year. • Increase the number of places available for Work and Holiday Maker program (subclass 462) by lifting annual caps available to a number of countries participating in the subclass 462 visa program. These changes require a strict workforce test to be applied to ensure Australian workers are given the first opportunity for work.
  14. • Work and Holiday makers (subclass 462) will be able to undertake regional plant and animal cultivation work in additional priority areas to become eligible for a second visa. • Extension of the period a WHM (subclass 417 and 462) may work with the same agricultural employer from six to 12 months. • Introduction of a third year visa option for WHM (subclasses 417 and 462), who from 1 July 2019 onwards complete six months of regional work in the second year. • Increase the number of places available for Work and Holiday Maker program (subclass 462) by lifting annual caps available to a number of countries participating in the subclass 462 visa program. These changes require a strict workforce test to be applied to ensure Australian workers are given the first opportunity for work.
  15. In case people missed it, the Australian and Irish governments have announced that the age limit for the working holiday programme between the two countries has been raised from 30 to 35. As of November 1st, Irish citizens, as well as Canadians, up to the age of 35 will be able to apply for Working Holiday Visas. https://www.dfa.ie/news-and-media/press-releases/press-release-archive/2018/october/increase-to-eligible-age-for-ireland-australia-working-holiday-programme.php The DHA website has been updated with the news.
  16. A month is a calendar month, but I wouldn’t be cutting the days so fine that this might be an issue.
  17. This is the Departmental policy on the matter: Overview Section 65 delegates are encouraged to take a fair and reasonable approach where the applicant is involved in a partner relationship with an Australian citizen or permanent resident. A range of factors should be taken into consideration before deciding that such a relationship creates a strong incentive not to leave Australia. Partner visa application made outside Australia If a visitor visa applicant is the partner of an Australia citizen or permanent resident and has followed standard migration procedures by making a Partner visa migration application outside Australia, s65 delegates should facilitate short visits by the visa applicant to Australia, particularly if any of the following six scenarios apply: the applicant is e600, eVisitor or ETA eligible or the couple have been together for a significant period or the couple are well established in their home away from Australia or there are no concerns about the genuineness of the relationship or the validity of the marriage or the applicant wishes to travel to Australia for a short visit for a special occasion or there are compelling circumstances that justify the granting of a visitor visa (for example, family member of Australian partner seriously ill) or it would be in the best interests of a child to do so. Section 65 delegates must still be satisfied, however, that the applicant meets the genuine temporary stay requirement.
  18. Currently you need to have been in Australia for 4 years before you apply and not been absent for more than 1 year during that 4 years. You also need to have been a permanent resident for 12 months before you apply and not been out of the country for more than 3 months in that 12. What you do when you are out of the country is not relevant. The government is looking to make the whole 4 years a PR requirement, so make sure you always have a valid RRV when offshore, just in case they get their way.
  19. 417 or 462 visa? The acceptable jobs are different for each. And they will want payslips to demonstrate that you did the appropriate type of work in the appropriate location(s).
  20. I suggest you get some professional advice from an RMA, who can explain how this all works based on your circumstances.
  21. In the sense that she meets all the criteria for a partner visa. Marriage in and of itself does not mean she would necessarily qualify for a visa.
  22. As Ali says, you can apply for a resident return visa. The DHA website has the details. You will need to demonstrate both substantial ties to Australia (and compelling reasons for your absence if have been gone more than 5 years). If you are successful, it would only be a one year visa, so if you are three years away from graduation the timing might be a bit complex. I would have a chat with an RMA around your specific circumstances.
  23. paulhand

    AFP

    Just as it is - good quality colour scan.
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