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A Bridging visa C can also come with a no work condition.  I think it is granted with no work condition but you can apply for this to be lifted if financial hardship etc is shown - think there is a form .  Yes best to talk to your MA though! good luck - hopefully you will get your PR through before you need to worry about the new application etc...

 

 

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18 hours ago, Hex said:

Hey guys

A question that is a little unrelated to the visa process and more on pregnancy / birth etc. 

A friend of mine (who has PR) just had a child. This child can automatically get Citizenship.

My understanding is that, by law the mother and father would still need to follow the same route as they would have without the child to get Citizenship, however, this blows my mind and I wanted to confirm my thinking was correct.

Because (although it would only be at extreme cases) - this law would then allow the parents to be deported on a PR visa, however, the child could stay (separating a new born from her mother).

I'm pretty sure, a while ago there was a law that stated, any new born that gets Citizenship, would immediately allow the mother (only) to apply and get same immediately (to avoid this loop-loophole). 

Does anyone have any insights on this one... I thought it was pretty interesting. 

Hi Hex,

Yes, children of parents who are permanent residents can become Australian citizens (there is a brief procedure that needs to be followed).  The parents would have to satisfy standard citizenship requirements. 

I am not sure what you mean by 'separating a new born...'. If a parent(s) is(are) deported, they can take their child with them to their home country; the only benefit will be that the child will have the option to return to Australia at a later stage in their lives.

In the United States, you can give birth on a tourist visa (or other temporary visas such as student visas) and your child becomes a US citizen. This has led to a lot of scams with tourists (lots of Chinese rackets) going to the US solely to get their newborns US citizenship. I have two friends who were PhD students in the US and had children there, but had to return to India as they could not get work visas, with their respective children (the child has the right to go back to India; this is the case with every country I know of, including those [like India] that do not recognise dual citizenships).

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22 minutes ago, sydneyishuk said:

A Bridging visa C can also come with a no work condition.  I think it is granted with no work condition but you can apply for this to be lifted if financial hardship etc is shown - think there is a form .  Yes best to talk to your MA though! good luck - hopefully you will get your PR through before you need to worry about the new application etc...

 

 

I am on Bridging visa C now and it came only with the condition that I can't leave Australia. I still can work and study.

 

EDIT: I can leave Australia but I can't return 🙂

Edited by natmis
additional info
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1 hour ago, Aron said:

Hi Hex, thanks.  yes medicare levy is the only difference that I know, and I know nothing else that is particularly different in terms of tax refund for a 457 visa holder compared with a PR/citizenship.

I just called to IMMI in this regard.

He advised as long as you are on 457 you have to have private insurance. Once you get bridging visa and medicare it's up to you to keep the private insurance and he didn't mention anything about specific countries.

Edited by SAJ.N
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5 minutes ago, SAJ.N said:

I just called to IMMI in this regard.

He advised as long as you are on 457 you have to have private insurance. Once you get bridging visa and medicare it's up to you to keep the private insurance and he didn't mention anything about specific countries.

 I know people from the UK are fine not to have private health cover as I am from UK and have had a medicare card from the outset and also advised this from my MA who also worked for IMMI for over 10 years 🙂 

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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. 
 

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Hi all,

I've applied for my 186 visa together with my husband on Feb/2018, my husband finished his master in Nov/2018 and has the rights to apply for 2 years working visa... those 2 years visa needs to be applied max 6 months after he finished = so April. My MA said that we can wait till April and hopefully our visa will be approved by there, but if not we can apply for the two years work visa just for guarantee....

I have a couple of friends telling me that applying for another visa would cancel the previous visa application (186), does anyone know something about it?

Thank you.

 

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2 hours ago, SAJ.N said:

I just called to IMMI in this regard.

He advised as long as you are on 457 you have to have private insurance. Once you get bridging visa and medicare it's up to you to keep the private insurance and he didn't mention anything about specific countries.

Hi SAJ.N,

Anyway, I will keep my private health insurance as I wrote my question in email to 457/TSS case officer and they replied in written mail that I must keep my health insurance even I said I have received my medicare otherwise I will break my VISA condition.

Maybe he gives wrong information however I will just keep my private health insurance anyway for peace in mind. 

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2 hours ago, sydneyishuk said:

 I know people from the UK are fine not to have private health cover as I am from UK and have had a medicare card from the outset and also advised this from my MA who also worked for IMMI for over 10 years 🙂 

This is correct. If your from the UK you are not required to have Private health insurance as their is Reciprocal Health Care agreement in place.

I have had a medicare card as soon as I arrived in Australia - way before my PR was even lodged.

It's good to have private health cover if your from the UK - for a better level of care - but it is not a requirement.

Edited by boo-yaa
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Hi!

Question re: training benchmark B for nomination (TRT)

We lodged nomination in May, and supplied evidence of training that well exceeded 1% of payroll (via an apprentice), From 2014 - March 2018. The MA says that the training benchmark was scrapped in August and so I must meet training benchmark B from March - August 2018. The company did not have an apprentice during that period (it has one again now but that's seemingly irrelevant), and I am wondering how significant will that small period will be in my nomination?

The company could supply invoices for training courses (but they're subsidised and would not meet the 1%; and only minor courses so maybe not count as evidence anyway)
Looking for thoughts.. 

Also - did the org charts you provided name all employees, or just the nominated employee?
 

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5 minutes ago, Friskycharmer said:

Anyone managed to get the NZ police certificate sped up ? 20 working days for a police check seems stupid to me. 

Heard from someone that he was able to speed it up by calling them and putting forward a logical reason why. They did ask for a valid reason though and it is up to them to decide I guess. So if you can convince then, sounds like you might be able to get it sooner.

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26 minutes ago, Friskycharmer said:

Anyone managed to get the NZ police certificate sped up ? 20 working days for a police check seems stupid to me. 

Consider yourself lucky - for South Africa, you looking at 3 months waiting... 
#FirstWorldProblems 🙂

Edited by Hex
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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). 😩
 

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Hi just to recheck ,can I cancel my private medical care after getting my Medicare card ?

I talked with my MA they said yes I can cancel and I also talked with my colleagues who got pr from my company they said yes I can cancelso I cancelled it already . Is it alright?

Edited by Ovi
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17 minutes ago, Hex said:

Really? That's interesting - what would people do in that situation?

- Which places are you referring to, do you happen to have an example?  

 

For example, Indonesia does not give police checks to tourists.

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5 minutes ago, Ovi said:

Hi just to recheck ,can I cancel my private medical care after getting my Medicare card ?

I talked with my MA they said yes I can cancel and I also talked with my colleagues who got pr from my company they said yes I can cancelso I cancelled it already . Is it alright?

I heard way too many different stories on this topic, some that included your visa not being lawful anymore. 

For us, we kept it for obviously reasons - as well as for the "loading" reason that comes into effect when you're 31+ years of age. 
https://www.privatehealth.gov.au/healthinsurance/incentivessurcharges/

- My personal suggestion and opinion on this, is if you can keep it, rather do - it's safer (and there are the benefits that come with it). 

Edited by Hex
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4 minutes ago, Hex said:

So if you've lived there for more than a year, you cannot get a Police clearance from them? 

Not always, you need to have citizen there to physically get to police and I heard it also does not work in all cases. But I'm 100% sure embassy in Australia will not give you PC.

Edited by itbk
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50 minutes ago, Hex said:

Really? That's interesting - what would people do in that situation?

- Which places are you referring to, do you happen to have an example?  

Saudi Arabia doesn't provide police checks for non citizens we need to provide copies of entry and exit visa, work ref and payslips 

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