maria8999

33 minutes ago, Tomlfc1992 said:

Has anyone got any feedback for contacting IMMI if the Nomination/Application falls outside the standard processing time? What kind of response would you get? Is it a generic response or is it a proactive response? Thanks in advance

My agent sent a follow up asking to finalise as a priority as well outside the timelines and all further info was submitted 2 weeks previously. There was no response on this but my visa was granted 1 week later so who knows. Can't hurt to try I don't think. 

4 minutes ago, Luka said:

Thanks for your answer Maria, have u always been working for your company since you applied or did u take some unpaid leaves?

I have applied for DE and I took annual leaves after applied. Not sure if it could be an issue.

Cheers

I have taken annual leave but none was unpaid. Not sure what the rules are about that sorry.

16 hours ago, Luka said:

Congratulations!!! Did they ask u to send any extra documents? If yes which ones?

Thanks! Yes they did:

- Initial assessment (16/1/19)- requested further docs for nomination (updated contract/tax return/BAS/PAYG) and my visa (updated medicals/police check/passport of Aussie partner)

- Further Assessment since 24/1/19

- Both granted 18/2/19
 

11 hours ago, Suusz said:

O my god that is great news!! I have been following your case and you were just on the edge of applying for a partner visa if you did not get it this next 10 days right?? Congrats! Enjoy the wine. And thanks, you gave me some hope!

Yes that was me! VERY relieved! 

Good luck to you  

Guys! It HAPPENED! I just got my PR granted. Nearly 20 months of waiting. It really hasn't sunk in yet. 

This has been BY FAR the most expensive, stressful, rollercoaster journey of my life. My case was quite complicated and there were many hurdles but I did it! If any of you need an MA i can't recommend Carmen & Associates enough. They have always gone above and beyond for me and were just excellent. 

I have spent the last hour on calls to friends and family and I cannot wait to celebrate with everyone. NO work has been done since 3.30

Thanks to everyone on this forum for all of your support, advice and laughs over the many many months. Just know- if you have a complicated case, small business turnover and high-risk occupation and been waiting FOREVER-- there is hope! 

Here's hoping the 2-year-old bottle of Dom Perignon has aged well! 

Thanks again guys and all the best! x


 

June 17 

7 minutes ago, Hex said:

Another news article on Citizenship delays. Clearly people are getting upset:

https://www.theguardian.com/australia-news/2019/feb/13/duttons-department-processed-just-15-of-citizenship-applications-last-year 

This sounds like a situation many of the people in this forum could appreciate:

- "In one instance a “low” effort case took 422 days to get a decision, of which 413 days was inactivity."

hahahhaha amateurs! try 600 days and counting 

On 08/02/2019 at 17:10, akiradiaz said:

Hi again

I just uploaded a new police certificate without being requested to do so (previous was expired).

My "last updated" has not changed remaining 3 April 2018, should I worry about this? could this mean the document did not get through?

Thank you in advance....

Hey don't stress. This happened to me and also others. If you search keywords in this forum it will come up. 

Sometimes police check doesn't seem to change the 'last updated' date for some reason. 

9 minutes ago, Tomlfc1992 said:

I've just resubmitted a new AFP certificate myself today, my UK Police cert expired late January (assuming the UK one has a validity of 12 months too) and my Health Assessment at the end of the month. Unsure of what to do given my current status on my signature, whether to instruct my MA to contact IMMI, whether to renew my Police and Health clearences, or whether to hope for the best - any suggestions anyone? 

1

I would say just do AFP. It sounds like they are just checking off final details and you should get your PR soon.  
There is a 3 month window for health checks that immi can use at their discretion . I think you'll be fine. 

10 minutes ago, Flav said:

Hi guys just sharing my timeline with you all.

Position Restaurant manager DE

High risk country 

Visa and nomination applied 04/04/2017

Status Further assessment ( nomination hasn’t been approved yet)

We had to provide all documents again, financials, prove of employment, health exams, police check...

Trying to keep my faith, but every day that goes by it just gets harder!!!

Good luck everyone!!

How long have you been in 'further assessment'
could you maybe put your timeline in signature?

Go to account settings. On the left-hand side there is a menu, choose 'signature' , copy one of the members' signatures there and change your details.

12 minutes ago, Suusz said:

Do you mean may 2019 it will expire?

i think there is someone else here in a similar situation. Because once the 457 expires I think you cant lodge a new (partner) visa onshore. So I suggest wait closer so the expiry date of your 457 and change to partner visa end of april if you still haven’t heard anything?

Yes its me @KamSingh , but my 457 expires 2nd march.

I am probably going to withdraw 186 and apply for partner visa if I do not hear very soon. 

5 minutes ago, sbrowne9 said:

Ah right! Yeah that makes complete sense, thank you so much for the info, it's really helpful!!

Crazy that having a child isn't considered compassionate circumstances; my partner and I have been discussing having kids, but that will put a hold on things until its resolved I think 

Lots of positive thoughts though, including a fresh bottle of bubbly in the fridge @Bellabonkers 

I hope my bottle of Dom has aged well. Its been a while 

5 hours ago, sbrowne9 said:

Great! I for one would love to hear what they say as I'm in a similar predicament!

Alright I got a response from MA and it lines up with my reading this arvo. 

Not great news really: 

Quote

 

Hi Maria,

This is an option but if you apply for the partner application whilst you are the holder of a bridging visa, you will have to satisfy to Schedule 3 Criteria for this application to be approved.

 

Schedule 3 criteria is an additional criteria applicable to unlawful non-citizens and certain bridging visa holders. According to legislation holding a bridging visa at the time of application is not considered a substantive visa.

The purpose of the Schedule 3 criteria is to:

·         encourage non-citizens who have a legitimate basis for remaining in Australia to apply for a further visa before their current substantive visa ceases

·         discourage non-citizens from remaining in Australia beyond the period of effect of their substantive visa and

·         prevent non-citizens from benefiting by remaining in Australia unlawfully, by possibly acquiring visa eligibility while remaining here without lawful permission. 

 

The case officer can waiver Schedule 3 criteria based on ‘compelling reasons’. However these circumstances must be beyond your control i.e. such as severe illness or incapacity. I believe the threshold for Schedule 3 is quite high therefore I am unsure if your circumstances will be accepted by the case officer.

 

I read up that even having kids/business etc is being rejected as 'compelling circumstances' and it's pretty hard to get past. 

She suggested I give it 2 weeks and then considering if i want to apply for partner visa if haven't heard about 186 (457 expires 2nd march).
 

1 hour ago, sydneyishuk said:

This is True, as you have applied for 186 your bridging Visa will kick in once your 457 expires.

A bridging visa is a substantive visa - however say if your 186 nomination is refused - you have 28 days to comment or withdraw your 186 application.  If you want to withdraw it is recommended to do so on the 28th day - you then have 35 days from the date of withdrawal to either re-submit or apply for another visa (in your case partner visa) HOWEVER you will then be on a bridging visa C - which has a no travel condition.

Your MA is probably recommending to apply for Partner before 457 expires otherwise you will be a prisoner (cannot leave Australia) until Visa granted which I have heard Partner can take up to 2 years  

From what i have read so far. If it is applied for on a bridging visa, schedule 3 waivers can be quite tricky.

Amongst others you will need to you will need to provide evidence that;

-you are not the holder of a substantive visa because of factors beyond your control

- there are compelling reasons for granting the visa---    apparently, this is the hard one to get by and can be risky. 
 

1 minute ago, sydneyishuk said:

This is True, as you have applied for 186 your bridging Visa will kick in once your 457 expires.

A bridging visa is a substantive visa - however say if your 186 nomination is refused - you have 28 days to comment or withdraw your 186 application.  If you want to withdraw it is recommended to do so on the 28th day - you then have 35 days from the date of withdrawal to either re-submit or apply for another visa (in your case partner visa) HOWEVER you will then be on a bridging visa C - which has a no travel condition.

Your MA is probably recommending to apply for Partner before 457 expires otherwise you will be a prisoner (cannot leave Australia) until Visa granted which I have heard Partner can take up to 2 years  

Thanks for all the info guys! Hopefully, she confirms this. As long as I can work I don't mind being a prisoner. We are saving for a house so no holidays might help me in this department

31 minutes ago, sbrowne9 said:

Great! I for one would love to hear what they say as I'm in a similar predicament!

Ok I sent an email. Will let you know what I hear back. 

From what I have read it might be an option (possibly bridging visa C). Its all v confusing though, and stressful, what if I miss some smallprint 

1 minute ago, sbrowne9 said:

Hey @maria8999

Just going back to this, I'm not 100% sure, but my understanding is you would be perfectly fine to wait out a decision on your 186 visa, if refused, then applying for the Partner visa. The immi website says:

 "No substantive visa and have had a refused or cancelled visa

There are a limited number of visas you can apply for if you don't hold a substantive visa and:

• you were refused a visa, other than a Bridging visa or refused on character grounds, on or after 1 September 1994 and since last entering Australia
  or
• you were refused an entry permit and became an illegal entrant before 1 September 1994 and have not subsequently left Australia
  or
• you have a visa that was cancelled on or after 1 September 1994

The visas you can apply for are:

• Partner (temporary) and Partner (temporary) if, since last entering Australia, you have not been refused a Partner (residence) visa"

 

See link to source below:

https://immi.homeaffairs.gov.au/entering-and-leaving-australia/entering-australia/can-i-go-to-australia/check-if-visa-cancellation-or-refusal-affects-you

 

Again, would love to hear anyone else's opinion on this! 

Oooh awseome. Really appreciate this. Ill look into it and pass to my MA to discuss. 

1 minute ago, Hex said:

If you are on a 457, as far as I know - this is a legal requirement. (to have private medical) 

Not for UK folks. I have a Medicare card and get same rights as PR. 

'Visitors from the United Kingdom, Sweden, the Netherlands, Finland, Norway, Malta, Italy, Belgium, Slovenia, the Republic of Ireland and New Zealand may not need to purchase health insurance in Australia.If you are from one of these areas and hold an insurance policy from your home country, you may qualify for access to Medicare.'

1 minute ago, Hex said:

Hi Aron

If you are on a 457 you would be able to claim all your tax back on medicare levy as well as a few other items. 

Unfortunately, I am not an accountant - nor would like to give our incorrect financial advice, hence, I would suggest you contact someone that could assist with this. 

What I can tell you is that, when I was on a 457 (and many others I know), your tax return should be significant (much more than a couple hundred $). 

I think it depends on if you have private health insurance. 
Im from the UK so get full reciprocal healthcare and under 30, so I never got private.  

14 hours ago, Shawn said:

Hi maria8999,

i’m a customer service manager still waiting from june 2017.my application is in further assessment since may 2018.how is your company turnover mine is 6million.

Thanks

Since May?? Thats insane. We cant have to wait much longer. (

Turnover is currently negative, but we have funds in crypto. It's very complicated. 
 

1 minute ago, sbrowne9 said:

Hey @maria8999

Just wondering why the deadline at all? Why not wait it out until a decision and then apply with your partner if unsuccessful (it sounds like you are on the right track as docs requested etc). After your 457 expires you will just move onto a bridging visa, nothing would change really except you would have to apply to travel, which you will have to do anyway after March 2nd even if you apply for the partner visa! Seems like an unnecessary waste of money!

If my 457 expires- I am no longer on a substantive visa. I have been told this means I cannot apply for another visa after 2nd March when bridging visa kicks in- should the nomination be rejected after this date.

As my occupation is high risk, and business small with neg turnover, its not a sure yes. I have been waiting 19 months now and was sure I would have heard by now. 

 I have been with my aussie parter 3 years now and is a more certain option, and so its been suggested to apply for this one before 2nd march, or risk it and wait for PR outcome. Tough decisions. 

Hope this makes sense. If my agent is wrong,  I would love to hear it! 

2 minutes ago, Hex said:

Yeah, that would be a choice you would need to make - it would be a considerate financial cost (for something that might not even be needed).

My suggestion, would be to wait it out for a few months (if you can) - then reconsider once you absolutely need / want to  

Mid feb is the deadline my agent gave me. 

My 457 expires 2nd march so I would need to submit before then. Hurry up Immi!!! over 19 months is enough me thinks. 

Just now, Hex said:

As far as I know, you would be able to apply for the additional visa without it affecting your current one. 

- The draw back though, would be if this one is granted, your (new) application would need to be withdrawn (the first one actioned takes preference). 

Thanks Hex, I was thinking this. The main issue is the cost/ effort of doing another one all over again when it may not be needed. It's just a tough choice I dont want to make  

3 minutes ago, maria8999 said:

Me too. Request was made 14th Jan. 

Now im worried. I need to decide if I withdraw and apply for partner visa by mid-Feb. Praying I hear before but not sure it's likely. All things crossed.

Me too. Request was made 14th Jan. 

Now im worried. I need to decide if I withdraw and apply for partner visa by mid-Feb. Praying I hear before but not sure it's likely. All things crossed.

16 minutes ago, Tomlfc1992 said:

Same as me, Status changed immediately from Initial to Further Assessment when uploading my AFP Certificate. Nothing since. 

Me too. Request was made 14th Jan. 

Now im worried. I need to decide if I withdraw and apply for partner visa by mid-Feb. Praying I hear before but not sure it's likely. All things crossed.