matas Posted June 9, 2020 Share Posted June 9, 2020 Hello! Id like to share a situation im in regarding 101 visa and being a student over 18 years old and maybe get guidance on what are my best things to do at this point. Im going to give as short of an overview/timelapse of how my processing went up to this point: April 2nd 2019: they received my paper application (Berlin office). Im still a student in Lithuania of bachelor 4 years program but expect it to finish the course soon,in June. April 8th: they asked me for medical and single status certificate. April 18th: they receive additional documents and I dont hear from them for long time June: i finish my 4 year aviation engineering course. I go visit my dad in australia on eVisitor visa expecting a responce soon. 3 months in Australia,no responce. I end up re-entering Australia for another 3 months. During these visits,about in month August,i notice the website changed some things about the conditions: Now you need to be a full time student when the decision is made. Althought its not updated everywhere. The booklet #2 for child migration still doesnt mention ANYTHING about being a student when the decision is made. So I figure I dont need to be a student at the time of the decision since I applied before they updated it and I had never seen any mention about it at all and i dug everywhere before applying for this visa not to miss on anything. December 1st: I go home to Lithuania for 3 weeks, come back to my dad for christmas January 5th 2020: I call the migration in Australia to tell them im in Australia till March and to make sure im not breaching any conditions. 2 days later I get an email from my case officer from Berlin asking: Evidence of continuous study since June 2019 Information on how I have occupied your time since July 2019 Some police checks from australia of me and my dad and his partner. February 1st: I gather the police checks and send it with the graduation diploma with grades of my bachelor studies that i finished in June and explained how I spent my time after studies,that i didnt enroll in any other program to study further. They disappear again. I end up re-entering Australia in March for another 3 months still expecting a responce soon. May 2nd: the website states general processing time for 90% is 14months and Im at exactly 13months June 2nd: Im at 14 months at this point but the processing times change to "low volume of applications" and they dont have a general processing time. I still call the migration to ask about my status of application after the general processing times pass. They tell me they cant tell me anything and they couldnt anyway even if it was 14 months on the website which confuses me alot. Up to this point my father was sponsoring me 100% all my trips and re-entering. Ive been living with him. Everything provided. Im still in Australia with my visitor visa expiring in 2 weeks. Im going to apply for subclass 600 onshore visa so I dont have to leave Australia again cause its rather expensive. So my 3 big problems are: 1. Why did they ask about continuous studies after I graduated? Im 99.9% sure they updated the information about being a student after I applied. I attached a picture of the booklet #2 where it states when you are considered to be a full time student and it only says about being a student when you apply. They still didnt change this information everywhere. I planned to study here in Australia after studies in Europe,so it doesnt make sense for me to go study again if I will have to go to Australia. Aspecially when they asked about medicals 1 week in the application which made me feel positive Ill see a decision soon. Would it be a good idea to write a letter to Berlin's office explaining how the information wasn't available at the time when i lodged the application and quote the booklet aswell how it doesnt mention it at all,in the whole 40 page document about this visa type. 2. Why cant they tell me the status of my application after the general times had passed? Is it cause its a paper application? Should i write a letter to Berlin about this aswell? 3. Is my stay with my dad in australia postpones the decision? Or impacts it in any way? The migration said it doesnt and I can do that,but maybe you guys think it does? This ended up being a long post but I didnt want to miss on any details so you can understand the situation im in. If anyone has some knowledge about being over 18 and a full time student when applying for this visa,please help me with this cause any other help on this visa I can find online is when the child is under 18 and its much more simple. Quote Link to comment Share on other sites More sharing options...
paulhand Posted June 9, 2020 Share Posted June 9, 2020 The ‘student requirement’ applies at both time of application and time of decision. You should be seeking some professional assistance in this matter. Sadly, the DHA website is not always complete or accurate. Quote Link to comment Share on other sites More sharing options...
matas Posted June 9, 2020 Author Share Posted June 9, 2020 Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted June 9, 2020 Share Posted June 9, 2020 (edited) 52 minutes ago, matas said: Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me. Paul is an experienced agent. If he is telling you that you must still be a student at the time of decision, then that is what you need to do. The point is that as soon as you are not studying, you are old enough to go out and get a job and support yourself - therefore you are no longer a dependant and can't get a dependant visa. Edited June 9, 2020 by Marisawright Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted June 9, 2020 Share Posted June 9, 2020 2 hours ago, matas said: Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me. I would suggest you contact Paul to discuss whether you have any options. You’ve been out of study for a year now so I’m not sure jumping onto another course would be acceptable. He is a well regarded agent on here. 1 Quote Link to comment Share on other sites More sharing options...
matas Posted June 9, 2020 Author Share Posted June 9, 2020 Would it make sense to apply for student visa and study in Australia? Id have to be offshore before the decision is made though Quote Link to comment Share on other sites More sharing options...
matas Posted June 9, 2020 Author Share Posted June 9, 2020 How do I get in contact with Paul? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted June 9, 2020 Share Posted June 9, 2020 20 minutes ago, matas said: How do I get in contact with Paul? This is his website: https://suncoastmigration.mmportal.cloud/assessment/enquiry/general-enquiry#nav-top Quote Link to comment Share on other sites More sharing options...
Marisawright Posted June 9, 2020 Share Posted June 9, 2020 25 minutes ago, matas said: Would it make sense to apply for student visa and study in Australia? Id have to be offshore before the decision is made though The problem is that you've already had a year of not studying. If you've been working during that time, then signing up for another course may not be enough to regain your dependent status. Paul will be able to advise. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted June 9, 2020 Share Posted June 9, 2020 12 hours ago, matas said: Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me. Unfortunately the Regulations can be complex and often do not make sense. The problem with relying on information from the Immigration website is that it is just a brief summary of the requirements and not the actual Law. Quote Link to comment Share on other sites More sharing options...
wrussell Posted June 25, 2020 Share Posted June 25, 2020 Information from immigration department sites is simplistic, incomplete and sometims wrong. Quote Link to comment Share on other sites More sharing options...
Alexaalexaishere Posted July 22, 2020 Share Posted July 22, 2020 Hi, im also in a similar situation being over 18 and my mother lives in aus. Just wondering if you used a migration agent or did you do this yourself? Quote Link to comment Share on other sites More sharing options...
matas Posted July 23, 2020 Author Share Posted July 23, 2020 6 hours ago, Alexaalexaishere said: Hi, im also in a similar situation being over 18 and my mother lives in aus. Just wondering if you used a migration agent or did you do this yourself? Hey! I did it myself. Its pretty straight forward,although you need more information than whats on their home affairs website. I attached this pdf file,this has detailed information on the requirements. It helps understanding where you need to be at the time of lodging the application,during the processing of it and when the decision is made. Page 65-82 in the pdf file is all you need. MRD-Commentary-Family-visas.pdf Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 23, 2020 Share Posted July 23, 2020 1 hour ago, matas said: Hey! I did it myself. Its pretty straight forward,although you need more information than whats on their home affairs website. I attached this pdf file,this has detailed information on the requirements. It helps understanding where you need to be at the time of lodging the application,during the processing of it and when the decision is made. Page 65-82 in the pdf file is all you need. MRD-Commentary-Family-visas.pdf Your advice is completely wrong. 1 Quote Link to comment Share on other sites More sharing options...
matas Posted July 23, 2020 Author Share Posted July 23, 2020 12 hours ago, wrussell said: Your advice is completely wrong. Could you comment on what you said? Quote Link to comment Share on other sites More sharing options...
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