MacGyver Posted March 15, 2018 Share Posted March 15, 2018 Hi Long story short my GF was on a graduate visa and applied for 189 visa Jan 2017 under profession of Social Worker. When applying for the graduate visa a skills assessment (via AASW) was required, applied for and paid for. We didn't realise that the assessment for this visa was different than the one required for the 189 visa which may be a costly oversight. Anyway after applying she was asked for additional info, specifically the same assessment by AASW but with an additional fee to have it say it was eligible for migration purposes. This was completed and advice from the AASW was no further assessment was required, basically a paper exercise.At time of application she was placed on Bridging Visa A and recently applied for Bridging Visa B to enable a 10 day trip to the states for family purposes (leaving on Sunday!!!) Today the decision has come back stating the visa has been rejected due to not having the correct skills assessment at time of application and 35 days to leave or appeal 1. The bridging visa B is/was valid for the current trip - given this development, will she be refused re-entry to Australia (even if to sort out affairs etc) if she leaves on Sunday while on Bridging visa B? 2. On the decision letter it states an appeal can be made to the AAT. Given the above information is this likely to be worthwhile exercise as the website is vague around valid reasons for appeal and the costs are ridiculous. 3. I am a PR with citizenship pending. I know a partner visa application is an (expensive) option, any advice on alternative options that will enable a quick application for PR (with a view to continuing on a bridging visa and remain in in the country during processing) that we could look at? She could place an EOI today but given wait times for invitation to apply this wouldnt alleviate the current situation 4. Any/all advice would be very welcome Thanks Quote Link to comment Share on other sites More sharing options...
Nemesis Posted March 15, 2018 Share Posted March 15, 2018 26 minutes ago, MacGyver said: Hi Long story short my GF was on a graduate visa and applied for 189 visa Jan 2017 under profession of Social Worker. When applying for the graduate visa a skills assessment (via AASW) was required, applied for and paid for. We didn't realise that the assessment for this visa was different than the one required for the 189 visa which may be a costly oversight. Anyway after applying she was asked for additional info, specifically the same assessment by AASW but with an additional fee to have it say it was eligible for migration purposes. This was completed and advice from the AASW was no further assessment was required, basically a paper exercise.At time of application she was placed on Bridging Visa A and recently applied for Bridging Visa B to enable a 10 day trip to the states for family purposes (leaving on Sunday!!!) Today the decision has come back stating the visa has been rejected due to not having the correct skills assessment at time of application and 35 days to leave or appeal 1. The bridging visa B is/was valid for the current trip - given this development, will she be refused re-entry to Australia (even if to sort out affairs etc) if she leaves on Sunday while on Bridging visa B? 2. On the decision letter it states an appeal can be made to the AAT. Given the above information is this likely to be worthwhile exercise as the website is vague around valid reasons for appeal and the costs are ridiculous. 3. I am a PR with citizenship pending. I know a partner visa application is an (expensive) option, any advice on alternative options that will enable a quick application for PR (with a view to continuing on a bridging visa and remain in in the country during processing) that we could look at? She could place an EOI today but given wait times for invitation to apply this wouldnt alleviate the current situation 4. Any/all advice would be very welcome Thanks Personally I would say you need a good agent, asap, and preferably today if she is planning to leave the country on Sunday. Quote Link to comment Share on other sites More sharing options...
MacGyver Posted March 15, 2018 Author Share Posted March 15, 2018 Thanks Nemesis - we have contacted a couple of agents and awaiting a response. One piece of advice was to consider submitting a new EOI today in the hope that it receives an invitation to apply within the 35 days but I'm not sure I consider this sound or comprehensive advice. We'll keep trying with other agents also Just keen to explore all information sources so hoping someone has some wisdom on this Quote Link to comment Share on other sites More sharing options...
path2aus Posted March 15, 2018 Share Posted March 15, 2018 39 minutes ago, MacGyver said: Thanks Nemesis - we have contacted a couple of agents and awaiting a response. One piece of advice was to consider submitting a new EOI today in the hope that it receives an invitation to apply within the 35 days but I'm not sure I consider this sound or comprehensive advice. We'll keep trying with other agents also Just keen to explore all information sources so hoping someone has some wisdom on this There are some very good agents who post on this forum. @wrussell, @Richard Gregan, @Alan Collett @Raul Senise et all. Quote Link to comment Share on other sites More sharing options...
MacGyver Posted March 15, 2018 Author Share Posted March 15, 2018 Thanks path2aus I suppose the most pressing question is whether she will remain on her bridging visa until the 35 days are up, or is the visa effectively cancelled due to the rejection of the pending application? Secondary to that (and increasingly looking like the best option) - would she be ok to apply for an onshore partner visa under current circumstances (Assuming we meet all other requirements for the visa)? Thanks Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 15, 2018 Share Posted March 15, 2018 Applying onshore for a partner visa when not holding a substantive visa is usually a recipe for disaster. Quote Link to comment Share on other sites More sharing options...
MacGyver Posted March 16, 2018 Author Share Posted March 16, 2018 6 hours ago, wrussell said: Applying onshore for a partner visa when not holding a substantive visa is usually a recipe for disaster. Hi, Is this due to Section 48? I had read that application for a partner visa is one of the very few exceptions to Section 48 - is this information incorrect? Regards Quote Link to comment Share on other sites More sharing options...
MacGyver Posted March 16, 2018 Author Share Posted March 16, 2018 Just in case anyone visits this topic in future and has a similar issue, we have so far determined the following: 1. The bridging visa remains in effect until the day advised you must leave the country 2. Leaving the country for a short trip after visa refusal would be a very bad idea and may result in refusal to re-enter on return 3. Section 48 of the migration act (if applicable) prevents application for another substantive visa after refusal if you are on a bridging visa (with some exceptions) 4. A partner visa CAN be applied for onshore after a refusal but only if the conditions in Schedule 3 are met - consultation with an agent regarding meeting these criteria would be highly advisable and recommended 5. An offshore application is the safest option given the circumstances above Thanks 2 Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted March 16, 2018 Share Posted March 16, 2018 Good luck. Sounds like a nightmare. 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 16, 2018 Share Posted March 16, 2018 s48 pplies only if you had a visa refused since last entering Australia I answered you(r) email The answer to your other question is $180, plus 10%GST if you are in Australia. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted March 18, 2018 Share Posted March 18, 2018 On 16/03/2018 at 08:02, wrussell said: Applying onshore for a partner visa when not holding a substantive visa is usually a recipe for disaster. I second this piece of advice. You will most likely spend a lot of money and waste a lot of time for ultimately no result. On 16/03/2018 at 14:12, MacGyver said: Hi, Is this due to Section 48? I had read that application for a partner visa is one of the very few exceptions to Section 48 - is this information incorrect? Regards Not S48, Schedule 3. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted March 18, 2018 Share Posted March 18, 2018 I would also add, that Partner visas now represent the 2nd highest number of appeals at the AAT after protection/refugee. A large part of the refusals/appeals revolve around schedule 3 issues. 1 Quote Link to comment Share on other sites More sharing options...
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