Temporary Partner Visa Subclass 820

[Biker Dave]

This morning after 14 months since applying I have finally received my Temporary Partner Visa.

 

I did not use an agent and got most of the information and tips from people on this forum.

 

A massive thank you to everyone who helped me and to this amazing forum.

 

I am quite happy to help anyone else who is going through or needs assistance in the information that immigration needs for the application.

 

I applied in Australia after coming here on a tourist visa from the UK after marrying my wife in the UK.

[wrussell]

[h=3]

I am quite happy to help anyone else who is going through or needs assistance in the information that immigration needs for the application.

 

MIGRATION ACT 1958 - SECT 280[/h]Restrictions on giving of immigration assistance (1) Subject to this section, a person who is not a registered migrationagent must not give immigration assistance.

Penalty: 60 penalty units.

Note: See alsoparagraph 504(1)(ja) (which deals with the payment of penalties as analternative to prosecution).

(1A) An offenceagainst subsection (1) is an offence of strict liability.

Note: For strictliability , see section 6.1 of the Criminal Code .

(2) This section does not prohibit a parliamentarian from givingimmigration assistance.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

(3) This section does not prohibit a lawyer from giving immigrationlegal assistance.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

(4) This section does not prohibit an official from giving immigrationassistance in the course of his or her duties as an official.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

(5) This section does not prevent an individual from giving immigrationassistance of a kind covered by subsection 276(2A) if the assistance isnot given for a fee or other reward.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

(5A) This sectiondoes not prevent a close family member of a person from giving immigrationassistance to the person.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

(5B) This sectiondoes not prevent a person nominating a visa applicant for the purposes of theregulations from giving immigration assistance to the applicant.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

(5C) This sectiondoes not prevent a person sponsoring a visa applicant for the purposes of theregulations from giving immigration assistance to the applicant.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

(6) This section does not prohibit an individual from giving immigrationassistance in his or her capacity as:

(a) a member of a diplomatic mission; or

(b) a member of a consular post; or

© a member of an office of an international organisation.

Note: A defendant bearsan evidential burden in relation to the matter in this subsection (seesubsection 13.3(3) of the Criminal Code ).

[wrussell]

A penalty unit i currently $180. 60 x 180 = 10800

[wrussell]

[h=3]MIGRATION ACT 1958 - SECT 276[/h]Immigration assistance (1) For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or cancellation review applicant by:

(a) preparing, or helping to prepare, the visa application or cancellation review application; or

(b) advising the visa applicant or cancellation review applicant about the visa application or cancellation review application; or

© preparing for proceedings before a court or review authority in relation to the visa application or cancellation review application; or

(d) representing the visa applicant or cancellation review applicant in proceedings before a court or review authority in relation to the visa application or cancellation review application.

(2) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

(a) preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or

(b) advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or

© representing the other person in proceedings before a court or review authority that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.

(2A) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

(a) preparing, or helping to prepare, a request to the Minister to exercise his or her power under section 351,417 or 501J in respect of a decision (whether or not the decision relates to the other person); or

(aa) preparing, or helping to prepare, a request to the Minister to exercise a power under section 195A, 197ABor 197AD (whether or not the exercise of the power would relate to the other person); or

(b) advising the other person about making a request referred to in paragraph (a) or (aa).

(3) Despite subsections (1), (2) and (2A), a person does not give immigration assistance if he or she merely:

(a) does clerical work to prepare (or help prepare) an application or other document; or

(b) provides translation or interpretation services to help prepare an application or other document; or

© advises another person that the other person must apply for a visa; or

(d) passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

(4) A person also does not give immigration assistance in the circumstances prescribed by the regulations.

 

 

[Biker Dave]

Blimey I was only trying to help, not doing it for reward!! So are you telling us that anyone who gives a few tips about filling in forms etc is liable to prosecution?

 

I also got a massive amount of help from another ex pat forum.

[ABL275]

Blimey I was only trying to help, not doing it for reward!! So are you telling us that anyone who gives a few tips about filling in forms etc is liable to prosecution?

 

I also got a massive amount of help from another ex pat forum.

 

I'm with you - possibly one of the most unpleasant responses I've ever seen on PIO! Maybe he thinks you're trying to take his job?

 

Anyway well done mate, glad to hear you finally got the 820. I went from 457 to 801 (I seemed to skip the 820 bit, but then we'd already been married 10 years and probably should have come out on that in the first place)

[Quinkla]

I'm with you - possibly one of the most unpleasant responses I've ever seen on PIO!

Agreed - utterly vile.

 

Congratulations on your visa, @Biker Dave - as a former 820 holder I know how good it feels. And thank you for your generosity of spirit.

Edited September 10, 2016 by Quinkla

[Biker Dave]

Agreed - utterly vile.

 

Congratulations on your visa, @Biker Dave - as a former 820 holder I know how good it feels. And thank you for your generosity of spirit.

 

Thank you Quinkla & ABL 275.

 

Looking at the Migration Act and it's contents it looks like thousands of people innocently helping others will now stop for fear of being fined.

 

I'm sorry if I have opened a can of worms but my offer was done in all innocence.

[Sammy1]

MIGRATION ACT 1958 - SECT 276

 

Immigration assistance (1) For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or cancellation review applicant by:

(a) preparing, or helping to prepare, the visa application or cancellation review application; or

(b) advising the visa applicant or cancellation review applicant about the visa application or cancellation review application; or

© preparing for proceedings before a court or review authority in relation to the visa application or cancellation review application; or

(d) representing the visa applicant or cancellation review applicant in proceedings before a court or review authority in relation to the visa application or cancellation review application.

(2) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

(a) preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or

(b) advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or

© representing the other person in proceedings before a court or review authority that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.

(2A) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

(a) preparing, or helping to prepare, a request to the Minister to exercise his or her power under section 351,417 or 501J in respect of a decision (whether or not the decision relates to the other person); or

(aa) preparing, or helping to prepare, a request to the Minister to exercise a power under section 195A, 197ABor 197AD (whether or not the exercise of the power would relate to the other person); or

(b) advising the other person about making a request referred to in paragraph (a) or (aa).

(3) Despite subsections (1), (2) and (2A), a person does not give immigration assistance if he or she merely:

(a) does clerical work to prepare (or help prepare) an application or other document; or

(b) provides translation or interpretation services to help prepare an application or other document; or

© advises another person that the other person must apply for a visa; or

(d) passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

(4) A person also does not give immigration assistance in the circumstances prescribed by the regulations.

 

 

 

Oh chill.

 

Are you threatening everybody on this forum? Soooo many people regularly give advice and none of us claim to be migration agents! We do however recommend that people speak to a migration agent for advice.

 

Stop trying to scare Biker Dave and the rest of us.

Happy weekend.

[Sammy1]

Thank you Quinkla & ABL 275.

 

Looking at the Migration Act and it's contents it looks like thousands of people innocently helping others will now stop for fear of being fined.

 

I'm sorry if I have opened a can of worms but my offer was done in all innocence.

 

It was quite uncalled for, hey?

 

I have given advice on here countless times, as have the owners of the site and the moderators.

 

We also regularly advise people to speak to an MA, so I'm not sure why you received such an unpleasant reaction.

 

Ignore him, I think the rest of us knew exactly what you were saying.

Edited September 10, 2016 by Sammy1

[Guest]

It's bad for business when people tell others its quite straightforward to do your own application.

[Biker Dave]

It's bad for business when people tell others its quite straightforward to do your own application.

 

Where did I state it was "quite straightforward"?

 

It was bloody hard work and not for the faint hearted. If you are not an organised person and do not have the relevant information to hand you are going to struggle in my opinion.

[Guest]

Where did I state it was "quite straightforward"?

 

It was bloody hard work and not for the faint hearted. If you are not an organised person and do not have the relevant information to hand you are going to struggle in my opinion.

 

Don't need to tell me I did it myself too. I thought it was relatively straightforward but admin heavy. Agents on here don't like us mere mortals saying this however.

[Nemesis]

Where did I state it was "quite straightforward"?

 

It was bloody hard work and not for the faint hearted. If you are not an organised person and do not have the relevant information to hand you are going to struggle in my opinion.

 

Congrats on the visa!

 

I agree, its not always straightforward, it is bloody hard work, and even with input from agents it doesn't always have a positive outcome.

 

 

As for wrussell - I assume he would like PIO and all other forums closed down then? Even if he did need to point out the pitfalls of giving immigration advice within Australia, he could at least have thrown in a congratulations.

I'm afraid he has fallen a lot in my estimation today, with a dog in the manger attitude like that I won't be recommending him to anyone.

[Sammy1]

Where did I state it was "quite straightforward"?

 

It was bloody hard work and not for the faint hearted. If you are not an organised person and do not have the relevant information to hand you are going to struggle in my opinion.

 

I did my own visa too, it was time consuming, but it was very straight forward and easy to do.

 

I would still advise people to run it through an MA first, as it is not for everyone and some have complicated circumstances.

Edited September 10, 2016 by Sammy1

[MaggieMay24]

WRussell is pointing out, rightly so I might add, that in Australia only registered migration agents are legally allowed to provide migration advice and that other people can be fined for doing the same. There are several migration agents who kindly post regularly on this forum and give general guidance - it's unfortunate they don't get more appreciation.

[Sammy1]

WRussell is pointing out, rightly so I might add, that in Australia only registered migration agents are legally allowed to provide migration advice and that other people can be fined for doing the same. There are several migration agents who kindly post regularly on this forum and give general guidance - it's unfortunate they don't get more appreciation.

 

Then I would suggest that there are many people on this forum who could be fined.

 

Every single day migration advice is given out by non agents. How do you resolve this 'issue'. Perhaps make it part of the rules that no advice is given?

 

I take the view of the other posters here that WRussell's three posts (overkill) were not deserved by Biker Dave.

[NikkiLondon]

It's bad for business when people tell others its quite straightforward to do your own application.

 

To be fair, I'm not sure the copy paste attack above is great for business either, I was quite shocked by that! A simple "careful mate, you don't want to cross over into dodgy territory" probably would have sufficed.

 

Anyway on a lighter note, congrats on your approval Biker! You had quite the wait, you must be over the moon! [emoji4]

 

 

 

 

Sent from my iPhone using Tapatalk

[Nemesis]

WRussell is pointing out, rightly so I might add, that in Australia only registered migration agents are legally allowed to provide migration advice and that other people can be fined for doing the same. There are several migration agents who kindly post regularly on this forum and give general guidance - it's unfortunate they don't get more appreciation.

 

Fully understand that, and appreciate the fact that agents on here dish out a lot of information for free (and advertise their services at the same time, so it is a two-way street!). However dozens of posts on this forum every day of the week could be said to be giving out advice illegally, couldn't they? So why did wrussell feel the need to pick on this ONE post, posted by someone celebrating getting a visa? Surely if he wanted to make the point he could start a new thread about it? Or get admin to do some kind of announcement? I don't have a problem with him reminding people of the legality of giving advice(though it makes me wonder why anyone still in Australia bothers to post!). I DO have a problem with the fact that someone was having a really good day, celebrating their visa, and he has come along with a barrage of copy and paste legal stuff and ruined the moment.

[Biker Dave]

Hi Maggie,

 

Why then does it state in the DIBP Migration Booklet that close family members can provide immigration assistance as long as they do not charge a fee for their service?

[Biker Dave]

WRussell is pointing out, rightly so I might add, that in Australia only registered migration agents are legally allowed to provide migration advice and that other people can be fined for doing the same. There are several migration agents who kindly post regularly on this forum and give general guidance - it's unfortunate they don't get more appreciation.

 

Hi Maggie,

 

It does state in the rules and regs that WR so kindly pointed out in great detail!! and in the DIBP Partner Migration booklet that close family members can provide immigration advice so long as they do not charge a fee for their services.

Edited September 11, 2016 by Biker Dave

[Nemesis]

Hi Maggie,

 

It does state in the rules and regs that WR so kindly pointed out in great detail!! and in the DIBP Partner Migration booklet that close family members can provide immigration advice so long as they do not charge a fee for their services.

They certainly can.

 

I'm told its also legal to give information about applying, its when one starts advising a person what route to take that things get sticky.

[Biker Dave]

So how do those in authority regulate that? Looks like WR is trying to frighten people off from giving advise!

[Nemesis]

So how do those in authority regulate that? Looks like WR is trying to frighten people off from giving advise!

if it was regulated to the limit of the law every forum like this would be closed down. And most migrants would be in trouble as we all talk about our own experiences while applying for visas. Common sense should say that if they have unusual circumstances, they should speak to a professional. And indeed most forums have a disclaimer advising that people should get professional advice in complex situations.

 

WR of course will not make money from someone who has a friend that can help interpret legal language, type oyt forms for them etc........

[Rogersk2401]

Congratulations on receiving your visa. I am at the very beginning of starting my visa application. I am applying in Australia like yourself after coming on a tourist visa from the U.K. I'm sure I may be taking you up on the offer of assistance!