Can I Lodge an Onshore Visa Application? (Part 1)

Perhaps the title of this article ought to be…

What will prevent me from lodging an onshore visa application?

This will the first in a three part series. This article will look at restrictive Schedule 8 visa conditions – the next two parts will briefly examine the barrier that Schedule 3 conditions in the Migration Regulations create for certain onshore applicants and the possibilities to obtain a waiver of these conditions and then in Part 3 the bar created by Section 48 of the Migration Act for applicant’s who have had a previous onshore visa application refused or a visa cancelled onshore.

On my Blog (http:/immigrationptyltd.wordpress.com) I get literally hundreds of questions or comments from people who are unsure whether they can lodge a further visa application while they are in Australia (onshore) or from people who had tried to lodge an application an been told that their application was invalid (DIAC won’t accept it) or they lodge the application and it is refused.

In fact as I was typing the paragraph above I’ve just had a call from a man on a BVE who has just won his case at the MRT to reverse a DIAC cancellation of his Student visa, he was then told by DIAC to lodge a valid application and when he tried they told him his application was invalid and there was no visa he could lodge. So his visa was cancelled incorrectly, he then waited on a BVE, won his MRT case and now DIAC are telling him tough there is nothing you can do. As it turns out that’s not correct.

Generally if you are in Australia on a visa that does not have any restrictive condition relating to lodging a further application onshore you can apply for another visa if you do so while your current visa is still valid. It is also possible to apply once your visa has expired if you do so within 28 days of the visa expiry (not a great idea as there are major potential disadvantages) and even if you have overstayed for more than 28 days there are options in certain circumstances.

I find DIAC basically tell people that they cannot apply where a visa has expired or they have overstayed but for some depending on the application it may be possible. So it is always wise to get advice before rushing into the nearest DIAC office.

Some visas have restrictive Schedule 8 conditions – 8503 / 8534 /8535

I’ve copied these actual conditions below from the Migration Regulations.

8503 is a blanket ban whereas 8534 & 8535 only allow certain visa applications.

8503

The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

8534

The holder will not be entitled to be granted a substantive visa, other than:

(a)      a protection visa; or

(b)      a student visa the application for which must be made on form 157P or 157P (Internet); or

(c)      a Subclass 497 (Graduate — Skilled) visa; or

(d)      a Subclass 580 (Student Guardian) visa; while the holder remains in Australia.

8535

The holder will not be entitled to be granted a substantive visa, other than:

(a)      a protection visa; or

(b)      a student visa the application for which must be made on form 157P or 157P (Internet); or

(c)      a Student (Temporary) (Class TU) visa that is granted to an applicant who satisfies the criterion in clause 570.230, 571.229, 572.229, 573.229, 574.229, 575.229, 576.227 or 580.229 of Schedule 2; while the holder remains in Australia.

I’m only going to deal with 8503 briefly here as 8534 & 8535 are designed to allow certain applications rather than being a complete barrier – It is important to know that under specific circumstances it may be possible to obtain a waiver of this visa condition.  It is not easy and it is not a common thing for DIAC to waive this condition but it can and does happen.

The request (for which no Bridging Visa can be granted) must be –

  • In writing
  • The applicant must have made no previous waiver request
  • There must have been a major change in the applicant’s circumstances
  • The change in circumstances must be beyond the applicant’s control
  • There must be compelling & compassionate circumstances affecting the application (note both compelling & compassionate)

So these criteria are not easy to meet and it is a complete waste of time to make this request if you cannot meet all these criteria – near enough is not good enough.

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1,316 responses to “Can I Lodge an Onshore Visa Application? (Part 1)

  1. hi grant,
    you doing great job by providing relevant advice.
    i just wanna know that i am waiting on my mrt decision for student visa currently i am on bridging WA 010. i just applied my partner visa last month 820 and 801. just need to know should i withdraw my mrt file or not?
    should i continue my study or can i work full-time but on bridging visa i am only allowed to work 20 hrs a week .

    • Immigration Pty Ltd

      Just answered this question.Please only ask once. GW

      • sorry i didn’t get you sir

      • sorry i couldn’t see where you answer can you please answer me here

      • Immigration Pty Ltd

        Gurjeet I really don’t have time to do this the answer is right next to your question. LOOK! It says Gurjeet I see no value in withdrawing the MRT application. You have applied for a partner visa from a Bridging visa. How long have you been in the relationship at the time of application as there could well be a Schedule 3 problem if your relationship is less than 2 years old at time of application. GW

      • my relation was 1 year 4 months old when i applied for partner visa. i also registered my defacto relation in melbourne. my lawyer said if i withdraw my file i will go on bridging visa c with no working condition. just need to know should i continue my study or can i work full-time but on bridging visa i am only allowed to work 20 hrs a week .

      • Immigration Pty Ltd

        Read the answer I’ve jusr sent GW

      • Hi Grant:
        I been refused a 485 visa and now apply for review. I got a bridging visa A. My employer wants to sponsor me as a cafe manager. Can I apply for a sponser visa while I’m waiting for MRT .??

      • Immigration Pty Ltd

        Ivonne
        You cannot apply while you are physically in Australia as you have a s48 bar because of the onshore visa refusal.
        GW

      • hi , This is Durai…485 visa holder, applied student visa 573, AL3..for my wife and eventually got refused…applied MRT, now going for hearing in one month….thinking of exceptional reasons…..my wife suggested due to parent in law , they may force her to stay there in the country..that is the reason for onshore application…and costs flight ticket as well..

        can you suggest any good points, please..

      • Immigration Pty Ltd

        Durai
        I cannot make suggestions if I do not know all your circumstances and until I am in possession of all the relevant facts.
        The idea you have is very weak.
        GW

      • thank for you reply Grant,

        if I didnt get COE, there is no chance for MRT to remit my case, or can i ask MRT bit of time to get one,

        in case if they didnt give enough time and refuse can I take to federal court?

      • Immigration Pty Ltd

        Durai No you will not get more time and no it cannot be remitted with a valid current COE. Federal Court? Really – on what basis do you think there has been a legal or jurisdictional error that the court will consider? GW

        On Thu, Sep 5, 2013 at 12:11 AM, Australian Immigration Blog – Grant

      • thanks grant,

        The immigration processed my application under assessment level 4, but according to our passport country (india)and higher education we should be processed under AL 3, i know it doesnt make much difference, but still its an error,

      • Immigration Pty Ltd

        Durai Yes provided you have this correct. GW

        On Thu, Sep 5, 2013 at 1:42 PM, Australian Immigration Blog – Grant

      • thanks for your quick response,Grant

        in case take if i take to federal court and dismissed, will I banned for 3 years to apply visa,

        and how long federal court process immigration case, as my wife is pregnant , i want to leave this country either before december or need to wait until, baby born which is in feb 2014,..can i stretch it out…

        or how abt ministerial intervention

      • Immigration Pty Ltd

        Durai

        Not because of the Federal Court action.

        I cannot advise you about Federal Court matters as I am not a lawyer.

        I do not think you meet Ministerial guidelines and this means a request to the Minister will be processed very quickly and you’ll get a no. GW

        On Thu, Sep 5, 2013 at 2:16 PM, Australian Immigration Blog – Grant

      • thank you very much Grant
        i appreciate you help

    • Hi Grant
      Firstly thank you for providing this service, your information is very helpful. The reason for my enquiry is that my partner and I have applied for a partner visa back in April and I have phoned immigration several times as we have not heard anything and they keep telling me it is likely it will take the full 12 months before we hear anything, however on one of my recent calls the person on the other end of the phone informed me that our application had been sent from Sydney to QLD for processing, when I asked what this meant they did not provide me with any other information. I was wondering if maybe you could shed some light and if meant that they had a case officer in mind for us, hence the reason for application being moved, and how long you think it might take from this point? As far as I am aware it is decision ready.
      Thanks
      Emma

      • Immigration Pty Ltd

        Hi Emma OK that’s a new one. Probably means they have a lot less applications up there and they are trying to speed things up by spreading the large number on hold in Sydney to other offices. Should in theory speed things up. Hope so! GW

    • Hi, gurjeet I’m on mrt( student visa refused)for more than year and I wanna appy for partner visa onshore. I been married for near abt 20 months. Do I need schedule 3

  2. Hi Grant, it’s great to come across your website. I just have one question to ask. My partner is on 485 visa and awaiting for final decison of his 885 visa. As the allocation process was lengthy, we decided to go ahead with partner visa. We have a good chance for him to get PR straight as we have been in the relationship for 3 years. So, my question is, can my partner apply for onshore partner visa? Thanks for your help.

    • Immigration Pty Ltd

      Loan
      Yes.
      GW

      • Hi Grant my student was refused then I applied for MRT a year ago and I’m holding BVA at the moment I been married for more than a year with Australian citizen and living together can I apply onshore partner visa 820 without schedule 3

      • Immigration Pty Ltd

        Romy
        NO at the moment Schedule 3 will prevent an onshore partner application being granted you need to wait until you have been in cohabitation for more than 24 months. If you apply before this the application will be refused.
        GW

      • Thanks for reply Grant . So can I apply onshore partner visa with schedule 3. Is that ok then

      • Immigration Pty Ltd

        Romy If you apply onshore and you are affected by Schedule 3 the probability is that the application will be refused. I cannot find your previous post you must have it under anither thread??? If you have lived together for more than 2 years you can get the waiver. Try to post on the same thread as it really wastes a huge amount of my time looking. GW

        On Sat, Apr 27, 2013 at 4:09 AM, Australian Immigration Blog – Grant

  3. Hi Grant,
    My name is Nathan and I just followed your blog to get advice for a couple month. I and my partner started to apply for the partner visa and i am the applicant. My student visa was refused and I had applied to the MRT, then we decide to apply the partner visa as we had the baby. However, when fill the form 80, it ask about the current visa detail on part D.In addition, I am holding the bridging visa B so Could I put the bridging visa B on this part?? or could you give me some advises to fill the form?
    Thanks
    Nathan

    • Immigration Pty Ltd

      Nathan You need to get someone to check your application before you lodge it onshore as you may well have a Schedule 3 problem that will require a request the waive what is basically a bar on you applying onshore. This is about lodging an application from a non substantive visa when you have held that BV for more than 28 days. If your relationship (actually living together) is more than 2 years old this will be OK. If not you need help! Get this checked professionally before you lodge the application. You need to get the BVA reinstated – Form 1006. Yes you can put BVB in that place in Form 80. GW

      • Hi Grant,
        Thanks for your reply. I and my partner had been a couple since 2007, and we know the schedule 3. we did research but can not find how to waive. Could you please tell us more about it?

        Thanks

      • Immigration Pty Ltd

        Nathan If you’ve been living together for more than 2 years DIAC will see this and not raise the issue. GW

  4. Dear Mr. Williams,

    Thank you for your valued suggestions in the past I am now a PR. Really appreciate your help. God bless you.

    I require some basic information though regarding my partner s Visa. Now that i am a PR, i would like to bring my partner here. I read through the offshore and onshore criteria. Frankly, i am from India and my fiancee is finding very difficult to get some of the Police clearance certificates and medicals. I want to ask you for a suggestion. Should I get her in Australia on Intention to marry (visa subclass 300) here and lodge her PR application onshore (visa subclass 801)?? Do you think an onshore application will be processed faster? if she is here on visa 300 and we get married here, then can i apply for 801 straight away? in the mean time, will she be able to stay with me until the decision is finalized? how long can she stay on 300 visa??

    Thank you for your time and effort. You are doing great work.

    kind regards

    Mustafa

    • Immigration Pty Ltd

      Mustafa Perhaps now you need to engage some help to get your Partner here. My Blog is not really here to give this sort of assessment of your options. These are choices to which there is no correct answer – it’s up to you. The choice is between Offshore 309/100 partner or 300 Prospective Marriage. The first will take 8 -12 months the latter 4 -6 months and you then apply onshore for Partner TR and get PR two years later. GW

  5. so what i can do grant. can you please help me out with that

  6. Hi Grant, thank you very much for sharing these information. I have already applied for onshore skilled migration based on my master in accounting. I have worked as bookkeeper for 4 years overseas in a sole trader business. I have been doing account payable, receivable, payrolls,etc…. now I got an email from immi to clarify this job as closely related to accountant. It would b great if you can give me an idea how to clarify it. Thank you Grant.

  7. Hi Grant. I am currently applying onshore for PR under subclass 893 . I was previously under subclass 165 temporary business visa and is now on bridging visa A. . Lately, I was informed the case officer may refuse my application as he had computed that I had not achieved the two years stay by a few days. I found that I had based my four years from date of entry based on earlier written advise by the migration agent handling my 165 submission whereas the case officer had computed backwards the two out of four years from date of lodgement of PR application. I wanted to contact the case officer to explain personally that I had been wrongly advised before he refuses my application , but my current agent handling my PR application has advised me against it and told me to bring this up at the appeal maybe MRT or ministerial intervention stage . as the case officer will just apply the law to the letter. Is this generally the case? Does the case officer not have some discretionary authority? Appreciate your advice.
    Thanks

    • Immigration Pty Ltd

      Lewis
      Yes DIAC will apply the law that is all they can do. Did your lawyer noit check this?
      No there is no discretion in this area.
      GW

      • Dear Grant, Thanks for the advice. Unfortunately, the lawyer handling my PR application also failed to spot this as I suspect she also applied the same criterion, that is clock start ticking from date of entry for computation of residential stay. DIAC website advises us to use MARA agents because the migration laws may be complex , and I am following that advice in employing MARA agents. . The frustrating thing is I complied with the two years residential stay from date of entry and would appear to comply with the intent of the visa requirement, but may be refused on a technicality. Looks like I am the victim of wrong migration agents’ advice and there is little I can do except appeal.

      • Immigration Pty Ltd

        Lewis The MRT will apply the same rules as DIAC and getting poor advice will not get the decison reversed. GW

      • Hi Grant,

        How are you? I am asking a question on my friend’s behalf and since I could not find the right section to ask a question, asking the same here. Please forgive me for that.

        He applied for Permanent Residency GSM Independent 885 with Motor Mechanic as his occupation under transitional arrangements. He scored 7 bands each in IELTS and had TRA assesment (900 hours voluntary experience). His file got opened by a case officer within 10 days of application. He has been asked for the medical, police check and all. However, he was also asked for the evidences such as pay slips, group certificate and bank statements showing that he got paid for the work he did in his field. When he tried to figure out that why was he asked for such evidences when his work exp was volunteer, he came to know that the person who assisted him in applying his PR, made a mistake while choosing the answers and claimed points on the basis of paid experience.

        Now, can you please tell me if there is a way to ask from DIMIA for the complete application which was applied and fix the mistake which was made while applying?

        Would appreciate your reply.

        Thanks & regards,

        Harry

      • Immigration Pty Ltd

        Harry
        Basically no. They will assess the application as it was lodged and if he has claimed things he is not entitled to they will refuse the application and probably claim inbthe refusal that he has intentional attempted to mislead DIAC. This will not be good. It was his application and he can’t just blame someone else and hope that they will just forgive him.
        GW

      • Thanks for your reply, Grant.

        So, do you think its a good idea to withdraw that applicatiom in case, they dont agree to make any changes to the original application? Can we withdraw and make a new application even if a case officer has been allocated?

        Thanks & regards,

        Harry

      • Immigration Pty Ltd

        Harry You must have posted this on a different thread as I cannot find your other posts. Makes it impossible to answer your question. GW

        On Tue, Nov 27, 2012 at 8:59 PM, Australian Immigration Blog – Grant

  8. Hi Grant,
    Thanks for helping me out before with my longwinded situation. Your posts are really very enlightening as usual. I actually have a question about the Schedule 8 conditions mentioned in your post – have there been cases where they’ve been applied upon arrival, at immigration in Australia? Or even retroactively after the grant of a visa, based on new information or whatever?
    I also wonder what sort of profile would lead DIAC to apply the 8534/8535 conditions, they seem so very specific (not to mention that the 497 no longer exists iirc?)

  9. Hi Grant,
    Just had a question regarding ” Qualifications Closely related ” Thing. Ive been to many lawyers and agents and they are unable to answer my question.Maybe you could find an answer for me.
    Ive actually done 2 masters.1 year masters in international business and 1.5 years masters in accounting. ive nominated accounting as my proffesion for TR.Recently ive been granted my tr a week ago.
    now iam eligible to apply for 885 as i have 65 points. The problem is one of the agents told me that they will not grant u PR cus u have done 1.5 years in accounting instead of 2.My degree is assessed for general accoutant. Secondly he said that ur qualifications are not closly related to each other so they might reject it. he also said that the immi has jus forgotten to ask u abt the statement of relevency thus they willnotice for pr and reject ur pr application.
    Do u think tht these 2 qualifications are not closly related. I think they aare related as they are related to business. Well hw did i get tr if i havent done 2 years accounting degree and both are unrelated. Iam really confused…

    • Immigration Pty Ltd

      Abraham There is no simple answer to this. The fact that they have granted TR under the Accounting occupation seems to suggest that they are happy with the relationship between the two. GW

      • Thanks GW. Thats what i think bcus if they did not consider my Masters in international degree, they wud have rejected my tr cus i did not fulfill the 2 years requirement as my masters in accounting is only 1.5 years. I think i shd apply for my 885/886. Thanks once again.

      • Hi Grant,

        Below is the thread I was interacting with you in. Please reply to my last question from the bottom of this post (before your reply).

        Thanks & regards,
        Harry
        _________________________________________________
        Harry | November 27, 2012 at 5:38 am |
        Hi Grant,

        How are you? I am asking a question on my friend’s behalf and since I could not find the right section to ask a question, asking the same here. Please forgive me for that.

        He applied for Permanent Residency GSM Independent 885 with Motor Mechanic as his occupation under transitional arrangements. He scored 7 bands each in IELTS and had TRA assesment (900 hours voluntary experience). His file got opened by a case officer within 10 days of application. He has been asked for the medical, police check and all. However, he was also asked for the evidences such as pay slips, group certificate and bank statements showing that he got paid for the work he did in his field. When he tried to figure out that why was he asked for such evidences when his work exp was volunteer, he came to know that the person who assisted him in applying his PR, made a mistake while choosing the answers and claimed points on the basis of paid experience.

        Now, can you please tell me if there is a way to ask from DIMIA for the complete application which was applied and fix the mistake which was made while applying?

        Would appreciate your reply.

        Thanks & regards,

        Harry

        Immigration Pty Ltd | November 27, 2012 at 8:44 am |
        Harry
        Basically no. They will assess the application as it was lodged and if he has claimed things he is not entitled to they will refuse the application and probably claim inbthe refusal that he has intentional attempted to mislead DIAC. This will not be good. It was his application and he can’t just blame someone else and hope that they will just forgive him.
        GW

        Harry | November 27, 2012 at 9:59 am |
        Thanks for your reply, Grant.

        So, do you think its a good idea to withdraw that applicatiom in case, they dont agree to make any changes to the original application? Can we withdraw and make a new application even if a case officer has been allocated?

        Thanks & regards,

        Harry

        Immigration Pty Ltd | November 27, 2012 at 11:35 pm |
        Harry You must have posted this on a different thread as I cannot find your other posts. Makes it impossible to answer your question. GW

      • Immigration Pty Ltd

        Harry Yes he can withdraw if he wants but he will not be eligible to lodge a new application in this visa subclass as he is way outside the 6 month application window. GW

        On Wed, Nov 28, 2012 at 3:50 PM, Australian Immigration Blog – Grant

  10. Hi Grant,
    My name is khodr and Im new to the blog but really ineterseting and beneficial site

    I hold Masters of commerce in professional accounting from the University of Ballarat, CRICOS course code is 056284J.
    I hold 485 visa i just got it granted 4 weeks ago. I applied for the 885 visa 2 weeks ago on the below criterias:
    Age 28 = 30 pts
    Degree Assessment from the institute of chartered accountants – 15 pts
    IELTS 7 each band = 10 PTS
    Professional year = 5 pts
    two years study requirement = 5 pts
    total is 65 pts.

    im worried about the 5 pts of the two years study requirement. My course is 104 weeks CRICOS registered. I commenced the course on the 20 July 2009 and completion date was 20 April 2011 ( 91 weeks ) …… so this is less than 92 weeks !!! Am I eligible for this 5 pts u reckon, I am confused about this 92 weeks if you can just advice me.

    regards,
    khodr.

  11. Hi Grant I am an international student, my student visa has been cancelled and now i have applied for MRT. now the question is can I apply for visa 457 ? Thanks

  12. Hi Grant, I just have a quick question on the conditions on an invalid or refused application. The name that appears on my academic transcript differs in it’s order than that of my passport.

    In my passport its but in my transcripts and testamurs and student letters it appears as . Would this discrepancy in the order of names invalidate my visa application at all? Will I have my visa application refused due to this?

    • Immigration Pty Ltd

      Sharon No – just point it out in the application. Names are generally a mess. GW

      • Hi Grant. I am on student visa (572) and now wanted to do a bachelor degree. My 572 visa expired on the 30th August. However, I am still awaiting for my COE so I could apply for 573 visa.
        I understand that I have 28 days to do this under a Bridging Visa C. Do I need to apply for a separate Bridging Visa C when I will apply for 573 visa?
        From what I have read from your previous forum that BVC cannot travel. If I go back to my country under BVC, will my current application for 573 be affected? Can I still go back if my 573 is approved?

      • Immigration Pty Ltd

        Michael
        If you lodge within 28 days they will consider your application. Outside it will be refused.
        If you depart on the BVC you will be unlikely to get the 573. They process applications quickly so just wait.
        If you get the 573 you can travel then.
        GW

  13. Hi Grant,

    Just a quick question, I’ve applied for 886 (cat 5) back in March 2010 and I’m in dire need of PR by June 2014. But the way things are looking, I’m not sure if that’s going to happen. What’s your take on this?

    Much appreciated
    Eric

    • Immigration Pty Ltd

      Eric
      As things stand you have some chance but the 886 is the lowest priority. See DIAC website for processing dates.
      GW

  14. Hello Grant.
    Thank you for all your answers and great help to us!!!
    I have a concern about my recent GSM application:

    I have finished my master degree on 26/07/2012.. All I needed in order to get 65 points and apply for 885visa was IELTS 7777. At that moment I only got IELTS result 6666. And that is why I applied for 485 Graduate visa on 12/08/2012 and was given Bridging visa A which comes into effect right after my student visa expires.

    However, after my 485 application, I found that I got 7777 on August IELTS test I sat. So, after gathering some info about 885 visa, I decided to apply, because I have 65 points. I applied for 885 visa on 30/08/2012 (thats the date in my visa application). In my application in the question about my current visa I put my student visa number. But the problem is that my student visa expiry date is 30/08/2012 as well.

    My concern – is the expiry date inclusive or not??
    Even if expiry date is not inclusive, I’m still in Australia lawfully on a Bridging visa A which was granted on the basis of 485 application on 12/08/2012 and I can apply from that visa for 885. But I used my student visa in my application for 885. Can be any problems because of that??

    Many Thanx))

    • replying to myself:
      just went through the 885 application again and found out that there is no question about “current” visa. The question that I thought is only asks for visa label in my passport if have one. I think it’s just easier for them to find me in their database.

      Online application only has 3 options in the beginning – 485, training visa or completed 2year studying in the last 6 months. My option is the last one which means student visa or bridging visa. They don’t need to ask, because they already know everything and all my visas)))

      • Immigration Pty Ltd

        Anton
        They always ask and if you don’t answer you cannot expect them to grant your visa application.
        GW

    • Immigration Pty Ltd

      Anton
      Yes it is up until midnight.
      No problem
      GW

      • yes they ask in the very beginning something like “what is your situation” and options are:
        completed 2year study in 6 months
        training visa
        graduate visa

        And than it is advised to enter australian visa number in passport if have one.

        Don’t remember that there is a question like “what is your current visa” The only question is “Have you or any person included in this application previously been to Australia, held or currently hold a visa for travel to Australia?” As I understand that’s about previous tourist visas. Am I correct??

        thanx)))

      • Immigration Pty Ltd

        Anton It’s about all previous visas. GW

  15. Hi Grant, my fiance has submitted his 300 visa app 4 months ago offshore. He has been caring for a little girl for the past 3 years and we are considering our options regarding adopting her and bringing her to aus with him. IF my fiance can successfully adopt her through local law court and we add her to his visa app as a dependent child, would this increase the waiting time exponentially and would this be viewed negatively, like we are trying to circumvent international adoption procedures? Or would it be better to formally adopt her but wait until fiance’s visa is approved and then apply to bring her here on a dependent child visa? Thanks in advance for any advice!

    • Immigration Pty Ltd

      Sheridan
      The only option is formal adoption and you would need to make a Child application once the visa has been granted. This is much harder than you are currently thinking.
      GW

  16. Hi Grant. Thank you for sharing your knowledge on immigration. I just have one question regarding getting 5 points from your partner’s skill. I am applying for state sponsored (190) for a skill not in the SOL but in the SNOL of South Australia. My husband skill is also not in the SOL but in the SNOL.

    Can I claim 5 points for my husband’s skill even it is not in the SOL but in the SNOL?

    Thanks.

    Miranda

    • Immigration Pty Ltd

      Miranda
      Not really my area but I thionk not as the points test asks for a succesful skills assessment for an occupation on the SOL.
      GW

  17. So if I answered NO in that question – it is not a big deal?)))

    Thank you Grant

  18. While on a student visa

  19. Hi Grant,
    I was doing BESci in UTS (3 years), my visa got cancelled with three more subjects remaining. I applied for MRT out of time due to a mistake I made while reading the Visa refusal letter. My visa was cancelled on 16th March 2011, after that from 17th march 2011 until my departure I was on BVE.
    After I came back I fought the case and got my 3 years re entry ban removed on humanitarian ground. Now I will be going to Sydney, Australia next February to finish my 3 remaining subject, hence my course.
    My question is after I finish my course in July 2013, will I be able to apply for Graduate skilled visa subclass 485? Or will I be eligible for post study work visa? Since my course will be finished on 2 different student visas will it affect me from lodging fr 485 visa? I am not sure about the post study work visa as after the introduction of GTE in November 2011 I will be going to do just 3 subjects to finish my course. I am on Leave of Absence from UTS for the last 3 semesters. Waiting for your response.
    Kind Regards,
    Shaun

    • Immigration Pty Ltd

      Shaun
      Yes you will but I’m not sure the 485 visa will still exist and the post study visa does not currently exist so it is difficult to give you any sort of answer.
      GW

  20. Hi Grant, thanks for your advice regarding the DIAC. The case officer is asking me to withdraw the PR application as in his opinion , I don’t fulfil the two years requirement otherwise, he will refuse the PR application. I am currently on bridging visa A. What would happen to my status if I withdraw? My agent is advising to pursue the matter to MRT and Minister intervention as she thinks the refusal is on a technicality. What is your take on this?

    • Immigration Pty Ltd

      Lewis. No it’s not a technicality. The Migration Regulations have a variety of time frames specified and they are for the most part set in stone. Near enough is not good enough. This particular 2 year stipulation is one that the case officer is obliged to enforce…so not a technicality. Just a stuff up / mistake. If you withdraw you BV will finish 28 days after you are given wriiten notice thatb DIAC have finalised / withdrawn the application. GW

      • Hi Grant, thanks for the prompt reply. Looks like if I withdraw my PR application on request of case officer, my bridging visa will expire in 28 days and my family and I will have to leave the country unless we apply for student visas and a guardian visa for myself or my wife . If the PR application is refused, my bridging visa will also run out but I can within 28 days of refusal, appeal to MRT and if that fails, appeal for Minister intervention , maybe on compassionate grounds. Looks like I have to fight tooth and nail over this. My question is why would the case officer want me to withdraw my PR application if its of no benefit to me and my family. .

      • Immigration Pty Ltd

        Lewis DIAC are not here to look after you they just admister the law. GW

  21. Hi Grant, I’d like to ask for your help with this question. My partner and me has been in de facto relationship since April 2010. By next April we will be living together for exact 3 years. So, should we lodge an Onshore partner visa for my partner now or wait until next April so my partner may be granted a waive of two years waiting period? We have not had any dependent child yet. Thanks a lot for your help.

    • Immigration Pty Ltd

      LN
      If they are the two choices I guess PR is better than TR with a two year wait but you would need to be certain that you can fully document 3 years. There is no correct answer here it’s your choice.
      GW

  22. Hello Mr. Williams,  My name is Alina Pandey, Im from Nepal and Im in Australia studying at the moment, I have a question to ask for u. My brother want to come to Australia with his would be wife( planning to marry in November 2012). I want to know what are the requirement for it, and also can he apply for the visa same time his would be wife apply for it ?

    ________________________________

    • Immigration Pty Ltd

      Alina
      My Blog is not here to reproduce the information that is on the Immigration website.
      There are many ways to come to Australia. How do they want to come…visitors, students? If they are not married and not living together they must make separate applications.
      GW

  23. Hi Mr. Williams. This blog is really helpful and thanks for this initiative.
    I’m currently invited to apply for a 489 visa and thinking to lodge onshore to be granted a BVA. Currently, there is a lot of information about lifting the no work condition on a BVA when you lodge a 190/189/489 visa and also a lot of contrary informantion. Do you have any knowledge on that? If I apply onshore and be granted a BVA without working rights, would I be able to lift this condition by showing a compeling need to work without hurting my gsm application? thanks again.

    • Immigration Pty Ltd

      Michael
      Yes As I understand it they will give you work permission on the BVA. It is all new though so there may be a few teething problems.
      GW

  24. Hello Mr Williams,
    Your blog gives me a ray hope at this moment of uncertainity.
    I had applied for a skilled graduate subclass visa 485 early this year. i have recently been assigned a case officer. He wishes to recieve further documents on the Indian police clearance certificate that I had initially submitted. I certificate says there are no records under my name and it is perfect like it should be. But i have been asked to provide additional documentation for it.

    This is what the email i have received from my case officer reads with reference to the police clearance certificate.

    “If you have already submitted some or all of the documents mentioned in this request, please note that this documentation has been assessed as insufficient to substantiate your claims. Please resubmit all documents as listed in the Request Checklist ensuring they meet the requirements outlined in this request.

    Could you please advise what they would mean “by additional documentation” ?

    I would be very grateful, if you could help me out.
    Thanks in advance.
    Best regards,
    yanjushi

    • Immigration Pty Ltd

      Yanjushi
      I don’t read minds. What is on the list? What have you given them ?
      GW

      • Hello Mr. Williams,
        I provided them with the police clearance certificate that was issued to me by the Indian Embassy in Melbourne. The document states that there is “nothing adverse against the applicant’s name with regards to his/her stay in India; which would have rendered him/her ineligible for grant of travel facilities including visa/ immigration/any other service for/in Australia. ”

        However, in the email send to me by the case office they have demanded additional documentation with respect to the police clearance- India. they have not specifically stated what else would be required.

        I am just wondering if you would have come across something similar or if you could provide me with any guidance in this situation?

        Any help would be appreciated please.

        thank you
        Yanjushi

      • Immigration Pty Ltd

        Yanjushi Did you give them the original of this Police Cert? If not that may be what they require. Have you tried emailing the case officer and asking? GW

  25. I have a question about the Australian Study Requirement. I am a research student and my thesis will be under examination while my visa has expired. That means, while I was enrolled for two years in my course, I will only have completed all course requirements when I no longer have a visa. Would I be able to use my degree for the 2-year Australian study requirement? Thanks.

    • Immigration Pty Ltd

      Ellewalkay
      I cannot tell from the info you have provided. It is a question of the number of CRICOS accredited weeks that are mandated for your degree.
      GW

  26. Dear grant
    I & my friend applied for 857 visa on 10 may 2012 with same employer.she got approvel and my application refused by CO resone was menu is simple dont require any cook I m on mrt now. Is there any chances to ein mrt? We going to srnd doputing focument .plz give suggestion .it ll help me alot thankx

    • Immigration Pty Ltd

      Manpreet You have asked this question previously. It is impossible for me to assess your chances without seeing all the paperwork. GW

  27. Hi Grant,
    Hope you are doing well. We really appreciate the good work on your blogs and all we need is your advice because that will be the key to our togetherness. So here goes our story:

    Me and my de facto (Both Indian Nationals) applied for Protection Visa onshore which got refused (Note: We held substantive Student Visas when applied the Protection Visa), now it’s with the RRT Department who are likely to refuse very soon (next week) which will leave us with 28 extended days on our Bridging Visa A.
    Now I have had an Employer ready to sponsor me in a regional area. So we applied for RSMS-119 in June 2012 by going offshore (as we were barred with Section 48.) The RCB has already approved the Certification, however, the Nomination and Visa is still with DIAC and a Case Officer is not allocated yet.
    As you already know that there is a long wait (upto 9 months) on the RSMS applications and we do not have much time to stay in Australia.

    Now here are some of the options we have:

    1.To stay in Australia is to apply for The Ministerial Appeal and to extend our stay in Australia we will need to apply for Bridging Visa E by going unlawful ofcourse. Now my question is if we go ahead with this option then Will it affect our RSMS-119 Visa Application?
    OR
    Will it be worth going back to our country lawfully and wait for the RSMS-119 instead of getting Bridging Visa E?

    2.Now my girlfriend (de facto) is ready to be sponsored by her Employer for 457 as she has all the relevant Qualifications required for it. So if we go for this option we will only be waiting for not more than 3 months offshore and will be back in Australia. Now the question is that once we have the 457 Visa approved and we come to Australia and after sometime our RSMS is also approved then we will need to go offshore to get RSMS Visa. And our priority will be the RSMS as its a Permanent Visa and 457 is just a Temporary Visa. However, when we go offshore to get the RSMS approved, we would like/have to cancel our 457 Visa first (Offshore). But we are not sure in the process of voluntarily cancelling our 457 Visa, it might affect our To Be Approved RSMS 119. And we also believe that voluntarily cancelling our 457 Visa Onshore will not be a good thing to do as it would result in Bridging Visa E.

    Now we understand that the second option above sounds full of confusion and stress, but the only reason for having that option in our minds is because we cannot live together in India (which was the Primary reason for applying Protection Visa).

    We will really appreciate if you can respond to our concerns as we have more faith in your WISDOM than ours in this field :)

    Warm Regards,
    Ravish Rajora

    • Immigration Pty Ltd

      Ravish
      Just so I’m consistent for all those who read these responses. THIS POST / SET OF QUESTIONS IS TOO LONG! I don have the time to read all of this. If you need to ask this many questions and your situation is this complex you need to seek face to face help. MY BLOG is not here to sirt out complex issues.
      1. No but you are abusing the migration process. The right thing to do is to go home and wait.
      2. Yes you still need to go offshore. No you would not have to do anything to a 457 visa you held.
      You are assuming in all of this that DIAC will not raise an issue of Character in realtion to your application for a Protection visa.
      GW

  28. hi like to ask a question – i am intending to study in australia for higher degree but i have applied for a migration visa which should come next yr qn – can i enter australia on the study visa which come earlier than the migration visa and let it run consecutive ie study visa for 3 yrs and my migration visa for two yrs is there any rule that i must use my migration visa immediately ie it come in 2013 so must enter and it will run from there on ?
    this means i would have a study visa and a migration visa expiring at the same pace at the same time since both on at the same time is that true
    please advice i am really confused about the visas

    can i apply for the migration visa which is location specific and not the same state as where i wish to go for my studies to start later despite getting it next year which is better use the migration visa enterr australia and study as a local student in the same state or apply for student visa enterr australia an then study and move to another state to continue migration visa

    Sincerely – Wendy

    • Immigration Pty Ltd

      Wendy
      If you have applied for PR you will not get a Student visa.
      Also you can only hold 1 substantive visa at one time.
      Location specific no.
      GW

  29. Grant
    Blimey, i’ll keep this short. Apologies this doesn’t relate to onshore applications, however, i cannot find a way to message you. (twitter and Facebook didn’t connect)

    We (my defacto partner and I) have been granted a GSM 176 visa, we applied before July 2011.
    Can we:
    1. defer the entry date specified on the grant?
    2. enter the country at different times?

    Thanks in advance
    Kinder

    • Immigration Pty Ltd

      Kinder
      1. Gernerally no – if you ask they make a minor change to the entry date a few weeks etc but I get the feeling you want more than that. Just enter and then leave again.
      2. If you do not comply with the entry date you will lose the visa.
      GW

    • Immigration Pty Ltd

      Kinder Please don’t post in two different places you just waste my time and stop other people getting answers.
      GW

  30. Hi Grant,

    Sorry for posting in this section but I didnt get an option in the BVE section. See my prediciment below.

    I have been in Australia for nearly 4 years. For 2 years on WHV and then de facto on 457 visa with my partner of 11 years. Last year the 457 was cancelled by his employer and as we are living in a regional area and the time of year we didn’t have enough time to find another employer to take over sponsorship. We are now on a bridging visa E and the case has been with the tribunal for almost a year awaiting a decision but we have been granted the right to work while a decision is being reached. My partner and I have now broke up and I don’t know what my options are. My current employer is willing to sponsor me or I am willing to attend university to obtain a student visa, are any of these possible if my BVE is cancelled?

    If none of the above is possible, can you advise?

    • Immigration Pty Ltd

      Lisa
      I think not – any application you make will need to be an offshore application.
      I assume the 457 was cancelled by DIAC and you have appealed this to the MRT.
      AS a dependent on the application your status is governed by the relationship.
      The BVE is via Schedule 3 of the Migration Regulations a ban for onshore applications.
      GW

      • Yes correct the 457 was cancelled by DIAC after notification from my partners employer that he was no longer working for him. Currently we are waiting on the outcome of the appeal. So basically I cannot apply onshore for any visa but can apply offshore for student or 457 visa with my current employer but risk the possibility that it won’t be granted. Do you know what the success rates with MRT rulings, do they cancel most BVE’s? Should I let them know that my partner and I have broke up or should I keep my mouth shut?

        Regards
        Lisa

      • Immigration Pty Ltd

        Lisa I cannot tell you ethically to commit a fraud on the Immigartion Department. I am struggling to see the basis of your appeal to the MRT if DIAC cancelled the 457 as you no longer had a sponsor. Souinds like you cannot win this case. Your BVE will only last for 28 days after the MRT ruling on your appeal. GW

      • Hi Grant,
        Sorry to post in the wrong place. thanx for the gr8 work.

        I applied for a student visa at the end of June to study a 1 year course at Tafe. I’m assessment level 2. I submitted all docs required and also the requested medical (all clear).

        My case officer requested further info on financial support I was declaring. I submitted docs and stat decs via email (as requested). I subsequently got a visa refusal on the basis that I didn’t respond to the request for further info. I challenged this and got a positive outcome.

        2 days ago the case officer then emailed to request me to resubmit those documents. So I’m back to the status quo as at end of June.

        This is my problem: due to the delay, I’m keen to defer my studies for about a year. I got job offers and other problems arose due to the wait (I am resident in the Middle East where I work). Basically, my finances also got messed up with the long wait. But: right now I really want to see my sister and mum who live in Oz coz they’re going crazy.

        1) Should I withdraw my student visa application (and lose all the money I spent on it)?
        2) Should I continue the application, wait for the outcome and then defer if it is granted? Espec. since the delay was due to their mistake.
        3) Could I ask DIAC to put a hold on my application so as not to lose the application fee (a lot of money for me)
        4) If I decide to defer my studies, can I still enter on the student visa, defer while I’m there and then exit Australia. But I want to visit at Christmas again. So will they allow me to do that?

        IN SUMMARY:

        I want to defer my studies for a year. I don’t want to lose the application fee and medical costs I already spent. I want to visit my family in Australia very soon. Should I cut my losses and withdraw my student visa application and apply for a tourist visa?

        Hope you can help. Thanks for your patience.

      • Immigration Pty Ltd

        Lynne-Ann
        Sounds like withdrawing is the best option.
        You cannot defer for 1 year and still keep the Student visa.
        They will not put the application on hold.
        GW

  31. Abhimanyu 'Jay' Jana

    Hi Grant,

    I’ve just received my 885 grant notification through email. It is mentioned however, that the Visa Expiry Date is 5 years from now (In the electronic application status, the Visa Expiry Field is left blank, but no entries allowed after the 5 year date). I understand that if i were to enter Australia after said expiry, I have to look into an RRV.
    Although i have no intention of doing that, I would probably want to visit my family overseas, a few times in this interval of 5 years. So the question is – Does it matter how many times i leave and come back, or how long i spend at a time, as long as i do it before the visa expiry date? Would it affect my PR in any way?
    Also, what happens after this 5 year period? I am not quite clear on that. Thank you in advance, I look forward to your reply.

    Kind regards,
    Jay

    • Immigration Pty Ltd

      Jay you are misunderstanding this all PR visas have a 5 year resident return travel condition which must be renewed after 5 years to allow travel. Just take citizenship as soon as your are eligible and this need to renew the RRV section of your PR visa disappears. If you do do this you must be able to prove you have been in Aust for 2 out of the 5 years to get another 5 years. GW

  32. Hi Grant,
    I have a few questions regarding a partner subclas 830/801 I’m currently residing in australia

    I’ve been living with my partner in (who holds both a british and australian passport) for just over 3 years. This year I wanted to see what australia was like before making the big decision to migrate so I got a working holiday visa for one year (it was granted last November)

    I’m a little behind shedule witht the application since I was orriginally going to be getting a sponsored skilled work visa from a company here in australia however they’re currently not in the position to provide the visa so I wanted to apply for a partner visa. My current visa expires in november, am I allowed to apply for a onshore partner visa in my current situation?

    • Just to clarify

      * I’m currently in Australia on a Working Holiday Visa 417
      * I hold a British Passport, my partner holds a British and an Australian Passport
      * I entered Australia Nov 2011
      * Myself and my partner have been in a relationship for just over 3 years
      * I’d like to apply for a Partner Visa 830/801. I have all of the forms and related documents and supporting evidence completed and ready to go.
      *Since I only have 2 months left on my current visa, should I apply for my partner visa now, or is it best for me to go home and apply offshore?
      * If I make an on shore application now, do I need another visa to cover the time from the end of my current visa in a few months, to the granting of the next one.

      Thanks again – your blog is fantastic. thanks so much for your advice!

      • Immigration Pty Ltd

        Dear Cat
        Simple answer is yes you can apply now. When you apply you will be granted a Bridging Visa A which will cut in when your WHV expires and keep you legal until they grant he 820 or 801 visa. If you can definitely document the 3+ years you shouls ask to go straight to PR (801) as you are in a long term relationship.
        GW

  33. Amazing – thanks for getting back to me that’s a big help!

  34. Hi Sir me Karamjit i did here hospitality management in 2009 then i applied for 485 in dec 2009 i was waiting for my TR from 2 & half yrs but now i send me refusal letter in sept2012 they saying your volountery experience was bogus but not my employer also with me. once immigration went to investigate there my employer brother cannot recognise me by photo graph then after 1 year they asked about that my employer given me stat dect, so i given to my migration agent i do’nt why they cancelled. now i applied for MRT i want ask you what can i do now & how long need wait please if i want to apply for 457 can i apply or not please give me answer ASAP thanks

    • Immigration Pty Ltd

      Kam
      The Mrt will probably take 2 + years.
      The problem you have with any application will be their accusation that you have supplied bogus documents which will almost certainly mean you have 4020 application ban.
      Bets to win at the MRT.
      GW

      • Karamjit Kaur Kingra

        Hello Sir, Good evening! Thank you for giving me all information. I have one another question during my MRT my husband & my son can travel to INidia or not please tell procedure. Thanks! Karamjit

      • Immigration Pty Ltd

        Karamjit
        If they hold a BVA they can apply for a BVB to allow them to travel. Form 1006.
        GW

      • Karamjit Kaur Kingra

        Hi Grant, If i won MRT then which rules for me same old one or will present one please tell me Thanks! Kam

  35. Hi Grant,
    Thank you for writing this blog. At least it help me understand a bit of migration law. My grandfather passed away few weeks before my student visa expired. I decided not to go back because I was afraid that it would affect my status in australia (I was going to apply for GSM visa). I applied for visitor visa to replace the time when I was in grief ( about 10 days). It was hard for me and I needed some time off to decide whether I needed to go back. I got refusal on my visitor visa and my friends got approval. When I tried to apply GSM (10 days after my student visa expired), they refused my application and I got s48 on my GSM application. As I am applying by myself, I am not aware that I would get s48 (The last case officer explained to me it is better to get BVA than BVE, that is why I continued my visitor application). It said that I did not have any merits review. They did not explained why I had no rights when I asked them (plus, it is very hard to contact them by mail and phone). I want to stay lawfully in Australia by not attending my grandfather’s funeral, and now this is what I got. Do I have any right to be reviewed using MRT or AAT? Any suggestions what should I do about this because I think this is not fair for me?

    • Immigration Pty Ltd

      Elizabeth
      This is confusing and really I or someone experienced needs to look at these refusals to see exactly what has happened. I cannot tell from the info provided. Get some face to face help – you solo efforts have not really been working well for you.
      GW

  36. Hi Grant, This is a really great site, you are very helpful. I am on a 574 visa, my PhD thesis is still under examination, I would like to know if I can apply for visa 885 or do I have to wait until I get the results of the review? (From my personal assessment I think I could reach the 65 points.) Moreover, can I lodged for visa 885 if I still dont have the results of the skills assessment and only have a receipt no.?Looking forward to your reply, cheers Hazel

  37. Hi Grant, at the moment my PhD thesis is under review, can I apply for visa 485 now as my student visa is about to expire or do I have to wait for the results of the thesis review? If I need to wait, is there other visa I can apply to while waiting for the results of my thesis review? Can I lodge an application for visa 485 off shore just in case? Thanks!

    • Immigration Pty Ltd

      Hazel
      You must have completed you course and applied to have your qualification assessed before you can apply. The only real otion may be a student visa or depart and apply once you ahve the outcome etc..withinh the 6 month from completing your course window.
      GW

  38. HI my 485 visa was cancelled i applied for MRT can i still go for student visa or no plz reply me thanks

    • Immigration Pty Ltd

      Bali
      No you have an onshore application bar (s48) and I imagine there will be a general 3 year application ban for all applications unless you win at the MRT.
      GW

  39. HI Grant,

    I am currently on visa subclass 572 with condition 8534 No Further Stay which expires on January 16 next year. As I have just been aware of this condition the past month, this has been stressing me out lately. Last week I applied for Certificate of Enrollment on 2 universities because I planned to study Bachelor in Nursing and hopefully build a career here in Australia. Now my problem is I cant process my visa application onshore because of my 8534 but somehow it can be waived. I’ve read on websites that the subclass 457 can waive this 8534 but it’s unlikely I could get one after I finish my Aged Care III this December and before my visa expires next year. and if I must go back to my country by the earliest flight on January(plane fare is half the price compared to flights on December), I need to be there for about 2 months for the processing time and I’m afraid I will not make it on time for the start of class on February. Is there any other way I can waive my 8534 and process my student visa on nursing onshore? or what would possibly be my best option for this matter? Any advice is greatly appreciated.

    Cheers!
    Anton

    • Immigration Pty Ltd

      Anton
      I’m not the one to ask this question as I do not process student visas at all.
      However this is what 8534 actually says…

      8534
      The holder will not be entitled to be granted a substantive visa, other than:

      (a) a protection visa; or

      (b) a student visa the application for which must be made on form 157P or 157P (Internet); or

      (c) a Subclass 497 (Graduate — Skilled) visa; or

      (d) a Subclass 580 (Student Guardian) visa;

      while the holder remains in Australia.

      This seems to me to say you can apply for another student visa.
      GW

  40. Grant,

    Thank you for the fast response and a sigh of relief.

    Wish you all the best
    Anton

  41. Hi grant i have read your blog and want to really appreciate your work.
    At present i have applied MRT and its been more than 5months that i have applied for MRT but the status of my application has not changed .
    And i dont know what to do now as i am very much worried about my visa.As I am planning to go to india to see my parents as they are not well so is there any possibility that i can go to india for a while and return to australia.
    Please help me in this regard.
    Thanks for your response and time

    • Immigration Pty Ltd

      Nayeem
      Most MRT cases taht have some valid prospect of success are taking up to 2 years to get to a hearing. Those that are just there to buy time are being weeded out more quickly. If you had a BVA when you application was refused you still have a BVA and that means you can apply for a BVB to travel Form 1006. If you have any other BV C or E you cannot get travel permission.
      GW

  42. hi grant,
    when my visa was refused i was on bridging visa as i was on student visa before going to bridging visa.
    thanks

  43. Hi Grant, I had applied for 190 with Vic SS. During filling EOI, I had filled my AUstralian work experience and had selected Yes for the question if it is related to my skillcode or not. The skillselect system does not have any checkbox to indicate if one wants to claim point for that employment experience or not. As a result, I received 75 points in EOI including 5 points for 1 year of Australian experience. I got invite and now my CO wants ACS to validate my Australian experience. I recollected that I might fall short in fulfilling 20 hrs/week criteria for 3 months. I am on BVA now and had a valid student visa until 30th AUg, 2012. Can I apply 885 now as I am afraid CO might refuse my application on the premise of over-claim even though it was never my intention. I have valid 70 points and VIC SS. Do you think CO will understand?

    • Immigration Pty Ltd

      Simone If you cannot justify the points you claimed and therefore get less this is an automatic refusal. You can just apply again on SS and hope to get another invitation. The only problem may be that they will say you have provided false or misleading information 4020 and you will then need to have that argument with them. GW

      • Thanks for your response. To be safe, I intend to apply 885 now. Can I apply 885 on BVA? I held valid student visa within last 6 months and finished my 2 yrs coursework in July 2012. The online system is allowing me to lodge the application. Will I be in any trouble later on?

      • Immigration Pty Ltd

        Yes Simone you are in the 6 month wiondow. GW

  44. Dear Grant,

    Thank you very much for your posting – they’re very easy to understand and very informative!

    My original university course was for 4 years and a new 3 year program was recently introduced. The university invited all the students to transfer because we have enough credit points to complet the new 3 year program. We all went a head and did but found out later that the university has applied a ‘leave of absence’ for us (students) until the new program is introduced next semester. This means our CoEs have been cancelled and we’re told we must leave the country in 28 days. We were all hoping to apply for a Skilled Graduate 485 visa but can’t yet because we won’t receive our completion letters until January 2012.

    Do you have any recommendations that will allow us to extend our stay so that we can lodge our Skilled Graduate 485 visa? If not, normally if this happens do we need to apply for another student visa or how can we re-enter the country if our current CoE is cancelled?

    • Immigration Pty Ltd

      Ben T
      Wow that is a reallky stupid thing for the Uni to do. What university was this.
      I guess you will need to apply for a new student visa. Can’t see any other option. Have you been contacted by DIAC yet? If not your current student visa is still valid.
      GW

  45. Hi. Grant. You are. Doing a great job. Here is my situation. U got visa refusal 485 on feburary 2011. Because i was unable to Get. 6 each in ielts. I apply mrt. On feb2012 then i the mean while i apply anoffshore visa 119 regional sponsership as cook.and travel oversea to apply as a valid application On 28 june 2012 i got letter. From immi saying that they recieve.a Valid application of 119 visa on 28 june. 2012 Unlucky i got mrt file open in july 2012 Now i had bridging visa. A because i got file in fedral court. Just to buy more time. I got feb 2013 as a final hearing and i got letter saying that if you loose your case in court You owe money to commonwealth of australia which will be around. 6 to 7 thousand You have to pay a legal fees of court otherwise u make it hard for yourself to come in australia in future. I am happy to pay that legal fees Any chance i can get my permant residency in 119 visa. File. Open. Please. Help. I am so. Worried Moninder.

    • Immigration Pty Ltd

      Mohinder Clearly you will not win in Court and you can only get the 119 granted once you repay your debt to the Commonwealth. These actions will not affect the 119 but really you should just depart and wait for the 119 to be granted. Cannot comment on your 119 as I have not seen the application. GW

  46. Hi grant,
    I applied for 485 visa on 20 April 2012 ,that’s via I m on bridging visa A.now my émployer wanna sponser me as a cook,my employer is approve sponsor .what should I do if I wanna on 457 visa from bvA??
    Do I need to go offshore???

    • Immigration Pty Ltd

      Vrana
      Get the Nomination approved and then depart, have the 457 lodged while you are offshore and stay there until the visa is granted. Only way it will work given the current DIAC policy on returning after lodging on a BVB.
      GW

  47. hi dear grant, my agent made me overstay for more than 7 months. i applied my student visa last year in july. my agent lodged an invalid file and visa got refused than he applied for MRT and i was being told that it will take 8 months to hear from tribunal but in fact he didn,t. last month i went to DIAC to know my work rights and MRT status because i wanted to lodge 457 visa ,but they told me that i hadn,t had any visa and i was overstaying. then they gave me 4 days visa then i talked to my agent regarding this matter he refused to agree with them instead he lodged protection visa so that we could buy some time to lodge 457 offshore. can u plz suggest me what should i do now. can i get 457 after all this mess he made.

    • Immigration Pty Ltd

      Demi
      Get a new agent this guy sounds like a fool.
      Basically you are in trouble. I can msee no way you will not have a 3 year application ban. He picked the Protection visa as it was the only visa you could lodge. he’s scamming you!
      GW

  48. hi,
    i will be applying for a partner visa onshore and was wondering if i need another visa whilst waiting for my partner visa to get a decision. ive already had a working holiday visa. so i cant get another one.
    can i just enter aus on my normal allowance of 3 months and apply for the partner visa when in aus.

  49. Hi grant my TR application refused I applied MRT during my MRT can I applied 457 visa or not plz tell me Thanks! karamjit

    • Immigration Pty Ltd

      Karamjit
      Yes but you will have to be offshore when you make the application and you will need to stay there until the visa is granted.
      GW

      • Hi grant can u tell me please how long that procedure Thanks! Kam

      • Immigration Pty Ltd

        KARAMJIT No it depends on the quality of the applicationa and many other factors. For a perfect application a couple of weeks. GW

  50. Hi Grant,
    i am now in 485 visa and it is going to expire within 3 months.During this period neither i got full time work nor sponsorship from employer so can i apply student visa onshore .thank you

  51. Hi Grant,
    Me and my australian partner are waiting to be registered as a de factor couple. The problem is that my workingholyday visa will be exspired before we can apply for the partner visa. What kind of visa I can apply to be almost sure that I will be able to apply for the partner visa onshore?
    Thanks for any help

  52. Hey,

    a quick question, i have lodged my TR application (VC 485) in March 2012 and currently holding a bridging B. I was told by my boss, that I may need to relocate to Singapore for about 1-2 years. Just wondering, if I could actually be relocated ? and what will happen to my TR appication ?

    • Immigration Pty Ltd

      Maria
      If you depart without a visa to return DIAC will contact you when they are ready to grant the visa and if you are not here within the time frame thjey offer they will refuse your application.
      GW

      • Hi grant this is rana,as I wrote before I m on bridging visa a ,as I applied for 485 visa this year 20 April.my employer is approve sponsor .you told me that I have to go offshore if I need to apply for 457 visa.the things I would like to ask you is that
        Can I apply offshore 457 from while I m in Australia??
        If yes,then I have to wait till I get nomination get approve ??
        Then I have to go offshore and how long probably I need to wait to grant for visa??
        Thank you
        Rana

      • Immigration Pty Ltd

        Vrana No you have to be offshore and stay there until you getb the visa as I said before. Until the visa is granted. GW

  53. Hi Grant,

    After I finished two-year full time study, I did not meet the requirement of application for the temporary visa (485) before my student visa (573) expired in that I did not get band 6 for the IELTS test. To extend my stay in Australia, my agent applied for a new student visa (572) for me then. Since the course is less than 10 months, I got a condition 8534 on it.

    Now, I already got band 6 and I intend to apply for visa 485. Is it possible I am granted a waiver simply because I want to apply for the temporary visa (485)? What kind of reasons should I state in the waiver request form? (Actually the application for visa 485 is my only reason why I want to get the waiver; I cannot think of any other reasons.) Do I have to finish my current course and get the completion letter to get the waiver or it does not really matter?

    Thank you very much for your help.

    Cecilia

  54. Hi Grant,
    I have applied for the 457 visa, but due to a particular turn of event, I know it will be refused. The case officer is giving me a chance to withdraw by 6 Nov. While on BVA now, it is possible for me to apply for partner visa by requesting for waiver of 3001 due to my pregnancy and my previous miscarriage and hence pleading emotional dependence. My question is: Should I first apply for the partner visa before withdrawing my 457 on 6 Nov? What is the consequence of doing te reverse, ie, withdraw 457 first then apply for partner visa? Thanks. Delia

    • Immigration Pty Ltd

      Delia
      Yes apply for the partner first and yes you may get the Schedule 3 waiver but you need to get help to get this processed.
      GW

  55. Thanks very much grant.

    • Hi grant if MRT not won any option to stay in Australia or not plz tell me Thanks

      • Immigration Pty Ltd

        Karamjit Generally no but as always it is best to get someone qualified to look at your case and assess any possible options. I do not do this over the Blog. GW

        Sent from my iPad

  56. Hi Grant,

    I applied for the 485 visa in January and I had been on bridging A. I was told by the operator that my application was going well, and all I needed was a case officer which would not be allocated until mid next year. I had my passport and ielts reference number filed.

    On 22 August, one of the case officer sent me an email and ask for more documents. On 19 September, I reply an email to advise change of my phone and emaill address, also to ask for more time in submitting the documents. However no respond was received since then

    on the 26 October, I received refusal notice all the sudden. I feel devastated. She refused my visa based on two reasons:
    -Not able to check my ielts result with regards to the ref no. I provided previously (Its because Ielts don’t keep record in the internet for more than 3 months)
    -BNO Passport that I provided doesn’t state my citizenship (I should have provided two passport, I used BNO when I first came to Australia, I am sure they have got my Hong Kong passport because they were able to open up my file when I told them my passport number.)

    Afterwards, I quickly sent her the ielts result and passport. However she said there is nothing she could do.

    I also arrange all the documents that she required and sent them to her last night. Although she hasn’t replied me yet, I doubt that she would change her answer.

    I was told that my only option now is to file an appeal. But I found on the internet that I could re-apply?

    Please advise what I should do here, if I file an appeal and provide the required documents, will it work?

    What is the next step I should take now? I can’t concentrate on my work becuase I feel like I will be leaving Australia within 28 days after living here for 8 years.

    Please help,

    Kenneth

    • Immigration Pty Ltd

      Kenneth
      All you can do is go to the MRT and if it is as simple as you say it should be OK.
      Just because you ask for more time does not mean they have to give it to you. You cannot update your details by email there is a special form 929 and you must send it to the section processing your visa. If they allowed emails to do this anyone could just change your details.
      Now you get to convince the MRT.
      GW

  57. Hi grant,
    We r in a big soup…my partner Deepak sawhney was on 485 visa till 7 dec 2011 and I was on spouse visa hence I was too on 485.
    My husband comes in transitional arrangements hence falls in old rules.we lodged r pr on 8 dec 2011 but were short of 5 points ,as my partner wanted to claim points on my skill assessment which was negative but we had no option but to lodge pr ie 885 visa.meanwhile we filed an appeal for my skill assessment which again went negative.
    Meanwhile my husbands first cousin was granted pr and we claimed points on her behalf.we informed r migration agent of the change in circumstances n the agent informed the case officer the same via email n requested him to consider application 885 as 886 and give a fair decision.we awaited result all the while and got it day before yesterday ,it was a refusal( if u want I can email it to u )
    My question are
    1. How can we lodge pr
    2.how do we stay in this country
    3.after filing for mrt cn we file 886 offshore before 31 dec
    4.what r the other options
    5.do we get to retain r Medicare card if we file mrt
    6.cn v travel if v file mrt.
    Need your advice

    • Immigration Pty Ltd

      Ruchika
      You have a problem or two here. First you cannot make changes to the application in the way you have Immigration just see the initial points claim as false or misleading info as you did not have the points when you lodged the application.
      No you cannot apply again onshore as you have had an onshore refusal s48 bar.
      No idea about Medicare ask them
      If you we’re on a BVA you can apply for a BVB to travel once you have lodged an appeal with the MRT
      I can so no way that you can win at the MRT in these circumstances.
      GW

      • If my husband gets employer sponsorship?
        Wat abt the nsw state sponsorship that has opened cn we apply that

      • Immigration Pty Ltd

        Ruchika I have already told you you cannot apply onshore as you are s 48 barred. To make any application you must depart Australia. GW

        Sent from my iPad

  58. Hi grant
    What if my husband gives 7 band Ielts result
    In mrt.
    Ruchika

  59. Awaiting replies

    • Immigration Pty Ltd

      Ruchika I really object to emails like this. You want free advice and you don’t have the manners to wait until I have some time to reply. GW

      Sent from my iPad

      • I m really sry sir, it’s just that v r very tensed. No offense intended.
        Thanks for ur advices
        Ruchika

  60. Hi Grant
    I have lodged my onshore student visa 572 included with my husband and daughter as dependant on 2/10.We were granted bridging visa on the same day and required us to undergo medical exam.We’re done on 9th and provided some information they required.On 12th,my daughter’s medical exam was finalised but until today,DIAC haven’t received or finalised both husband and my medical exam.The normal processing time is 14 days for Level 1 but is that normal for our application due is already more 5 weeks now?
    Thanks

    • Immigration Pty Ltd

      Vanice
      There is no ‘normal’ in processing times. Soemtimes DIAC have the medicals and they are just sitting there or they have not gone looking for them. Try contacting them and tell them the medicals are complete, quote your Case number – on the receipt you got when you did medicals – and they can look them up online. Might help!
      GW

  61. Hi Grant, How are you.
    On march 2012,i applied for a skilled provisional graduate visa (VC 485) I got a refusal notice from immigration stating that while applying i selected No for this question” Have you undertaken an English test within the last 24 months?” since i didn’t had 6 each in IELTS that time, now i have the option for applying M.R.T. My question is while applying do i have to submit any evidence supporting this, if yes in how many days i have to submit? and also if i get invitation for VISA 189 through E.O.I can i apply for this visa onshore, as now i am on Bridging A, i am assuming Bridging A will continue when i apply for M.R.T.

    • Immigration Pty Ltd

      Sandy
      Yes you can apply to the MRT. No you cannot win at the MRT. This may only buy a few months as the MRT are processing these sort of hopeless appeals quite qiuckly now. Yes you can go to the 189 from a BVA.
      GW

  62. Thank you for your help in advance

  63. Thanks a lot Grant, have a good day.

  64. Hi, I m overstayer in Australia from 2 years. I have been living with an Australian girl who is my gf from 2 and a half years. Is there any way I can fix my visa? Please help me out.

    • Immigration Pty Ltd

      Arun
      Yes it may be possible for you to lodge an onshore Partner application but I suggest you seek out experienced professional advice face to face before you attempt to do anything as cases like you one can be quite complicated and they require detailed submissions from someone who actually knows the regulations that apply to your situation…most agents do not.
      GW

  65. Hi Mr Grant
    I am a oversea student and I found that my visa had expired on 10 Sep 12.
    I thought my visa is expired in Oct.
    I am in BVE and asked to back to my home country re-apply for the new stuedent visa. But as I know, I am not allowed to step in Australia for 3 years because of this case.
    I still haven’t complete my course yet and I do not want to leave for 3 years…. May I know is there any ways can help me to renew my visa and without that 3 years punishment?

    • Immigration Pty Ltd

      Jeremy
      It is not going to happen the way you want unfortunately
      There is no onshore application you can now make from this situation from the info you provide.
      GW

      • Hi Grant
        Someone told me that I may not have the 3 years punishment as I am holding a Canadian passport. May I know is it true?

      • Immigration Pty Ltd

        Jeremy No that is just rubbish – sorry the ban is applied to all nationalities GW

        On Mon, Nov 12, 2012 at 9:34 AM, Australian Immigration Blog – Grant

      • I saw there are some cases that still can be back in a short time even the student visa had expired for 10 months. Are there any chances for me?

      • Immigration Pty Ltd

        Jeremy You will only find out when you apply and argue your case as the ban can be waiver by the case officer. GW

        On Mon, Nov 12, 2012 at 7:43 PM, Australian Immigration Blog – Grant

  66. Hi Grant, my 485 visa was refused as I took the test 4 days after the application was made, so now I am going to apply MRT which it could take enough time for me to wait for employer nomination for RSMS visa 187 being approved, after that I will apply for bridging visa B to go offshore to lodge the individual nomination.

    my question is , would it be ok if I just go offshore for 2 or 3 days to just lodge my individual nomination and come back to Australia to continue working or once I’ve lodged I have to stay offshore until my visa 187 application is approved.

    • Immigration Pty Ltd

      Lee
      No DIAC will invoke s48B which basically says if you do that you are considered to have never left and they will then say the application is invalid as you have a s 48 bar from the onshore refusal.
      GW

      • Hi Grant,
        thank you so much for your information.

        As I am now eligible to apply either RSMS or 190 visa.

        so I was just wondering if u have any experience in relation to 190 visa timeline from offshore.

        Cheers

      • Immigration Pty Ltd

        Lee Impossible to tell you as it is an EOI and it depoends if you actually get an invitation to apply. GW

        On Mon, Nov 12, 2012 at 7:28 AM, Australian Immigration Blog – Grant

  67. hi grant sorry this is avtar again as much as i know section 48 bar can be removed in partner visa if a applicant meet certain criteria following prescribed by immigration

    Expansion of Partner Visa Eligibility in Australia

    If you do not hold a substantive visa (a visa that is not a Bridging visa or a Criminal Justice visa) and have had a visa refused or cancelled since your last entry to Australia, you will be subject to section 48 of the Migration Act 1958 (the ‘Act’). This section bars you from applying for another visa while in Australia, except for certain prescribed visa classes, for example a Protection visa or a Bridging visa. However, from 14 September 2009 you may be eligible to apply for a Partner visa in Australia if you meet certain criteria.

    Additional criteria that must be met by affected applicants in order to make a valid application in Australia

    If you have had a visa cancelled or refused since you last entered Australia, there are four criteria that you will need to meet to be able to lodge a valid Partner visa application in Australia. These are:

    You must not have had a partner visa refused since you last entered Australia.
    You must not have had a visa refused or cancelled on character grounds under section 501 of the Act.
    You must provide with your application a form 40SP Sponsorship for a partner to migrate to Australia completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who declares that they are your spouse or de facto partner.
    You must provide with your application two statutory declarations from Australian citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner. These declarations must be made not more than six weeks before the day the Partner visa application was made.
    Note: Meeting the criteria will simply enable you to lodge a valid application. You will also still be subject to all other eligibility requirements for the Partner visa. Once you have made a valid application, you will be assessed against the legislative requirements in the same way as all Partner visa applicants who apply in Australia. Information about applying for a Partner visa in Australia is available.

    is’nt it right grant if you still think this is wrong pls expalin me how ?
    thanks

    • Immigration Pty Ltd

      avtar
      Your posts are too long – this a free site and I don’t have the time to spend reading over masses of stuff you are just copying from the DIAC website.
      There is more than one issue here as I explained in my answer to your other post – Schedule 3.
      You need to get some help as you are not seeing the whole picture.
      GW

  68. Hello Grant,
    My visa got refused(485), so now i have applied for M.R.T, my question is can i apply for VISA 189 (If invitation is received) on shore even with this refusal or do i have to apply offshore, thank you

  69. Thanks Grant….

  70. hi Grant

    my 485 visa has been stated as invalid visa because after i hold 573 visa i did english course and it give me 570 visa.i didn”t at all that i can’t apply 485 visa under 570 visa.

    now can i lodge another visa before 28 days so i don’t neef to leave australia.which visa should i apply. if i have employer who is willing to sponsor me to get 457 visa, can i apply it onshore before the date when i must leave australi?thanks

    • Immigration Pty Ltd

      Dean
      I assume you have been on a Bridging visa for some time now and if that is the case Schedule 3 of the migration Regulations will prevent you from ldging an application onshore. So the only option is to depart and make an new offshore application before you become unlawful.
      GW

  71. Thanks Grant..
    However my lawyer said i couldn’t apply student visa onshore but I can keep saty in Australia if there is an employer who is willing to sponshor me. is that right? waht is the differences. thanks

    • Immigration Pty Ltd

      Dean What visa do you have now and how long have you been on this visa? GW

      On Thu, Nov 15, 2012 at 11:59 AM, Australian Immigration Blog – Grant

  72. my visa is BVB I granted my visa in April 2012. I also have read in some article and when I called DIAC asking about my invalid visa, they said that I can apply for another visa, but They didn’t mention it which visa and where i should apply it (onshore or offshore).
    The other problem is my husband went to my country becuase of his father was death, just one day before i received email said that my 485 visa is invalid. I am affraid that mu husband can’t come back to Australi. He plan to come back tomorrow.
    many Thanks

  73. Hi Grant I just copied from:

    http://www.ombudsman.gov.au/files/investigation_2009_10.pdf

    A visa application that does not comply with the requirements of this schemeis an invalid visa application. A visa applicant is entitled to a refund of any Schedule 1 fees or charges paid in connection with the visa application if it is invalid.
    Further, as an assessment that a visa application is invalid is not a decision to refuse a visa, the visa applicant may lodge another visa application.

    • Immigration Pty Ltd

      Dean Yes all that is great in theory but you have been on a BV for more than 28 days and that means you cannot lodge a TR visa application of any sort onshore. If you had a visa (say a student visa) – lodged an invalid application and it was sent back to you while you still had the substantive student visa yes you can just go ahead and lodge another application BUT you are ona BV and Schedule 3 regulations will prevent an onshore application. GW

      On Thu, Nov 15, 2012 at 4:45 PM, Australian Immigration Blog – Grant

  74. Hi Grant
    This is Jeremy who was holding a student visa and currently holding a BVE
    May I know that can I extend the expire date of BVE as I have to handle the renting of my house and the study status of my school.
    I wish to re-apply to Australia again and I need the data from school as supporting documents. But it takes days on handling it I don’t know whether I can get it before the date of leaving.
    May I know whether I can have another week of staying in Australia with a BVE?
    PS. I have to show my air-ticket tomorrow to the immigration or should I talk to anybody there?

  75. Hello Grant,

    My visa(485) got refused and I have a s48 bar on me. I have now applied for M.R.T.
    I intending to apply for Visa 190 through SA state nomination.
    My concern is, will the SkillSelect refuse to send me an invitation after SA state nominates me for PR?
    If I receive an invitation, will my application be successful if applied from off-shore meaning that would remove the s48 bar on me?

    Thanks in advance.

    • Immigration Pty Ltd

      Sai
      If you get invited to apply you must be offshore when you lodge the application and stay there until the visa is garnted.
      GW

  76. Hi Grant,
    This is kulwinder here, I am a student and in 2010 i applied for student visa for an extension, but because of funds issues they refuse my visa.
    Then i applied for MRT in jan 2011, now i have got the response from migration department that i have a hearing end of this month. But for some reasons i didn’t continue my studies, i have 4 months gap in my study, but now i have enrolled in the same college again.
    I am just wondering that is there any possibility to win the MRT?
    Please help me out. I will be very thankful to you.

    Thanks
    Kulwinder

    • Immigration Pty Ltd

      Kulwinder
      The gap will not be a problem as you were not required to be studying while at the MRT. As you are now enrolled agin that is all that is required.
      As to the MRT decision that will not be affected by this point and will be decided on the funds issue.
      GW

  77. Thank you so much for your reply, as you said that MRT will make the decision on the funds bases, do i have to show the funds again?

    • Immigration Pty Ltd

      Kulwinder Yes they will want proof and will raise with you what they see as the proble with your application in writing and ask for your comments on the issues they indicate. GW

      On Wed, Nov 21, 2012 at 8:49 PM, Australian Immigration Blog – Grant

  78. Hi,
    I Have finished my Bachelor degree just 20 days ago but my student visa expire date in 15 days. That’s only because university released result 3 weeks later to date of declaration. In that short time period Not able to take IELTS and even graduation certificate will arrive to me after 15 days. Immigration suggest me to apply for tourist visa for time being and after that If need to apply for masters, need to apply from home country. So I do not want to apply tourist visa. So, my question is what happens if I apply 485 visa and gets refused in any circumstance, is there any chance to apply for a student visa even after refusal of 485 or before 485 visa case office allocate? I really need to apply In Masters Degree with big banner University but because result delay, I missed this intake. but I must need to apply and get admission in next intake without leaving Australia, is that possible? or do I need to leave the country immediately after the refusal of application please suggest me…

    • Immigration Pty Ltd

      Bumpy
      No you cannot apply again onshore if you are refused onshore.
      I’d apply for the Student visa now for the next intake while you are here.
      GW

  79. Hi Grant…It is dean agaian

    As I mention it before. my 485 visa has been satated as invalid, Can I apply onshore for Regional Sponsored Migration Scheme (subclass 187) visa before my bridging visa cease. Do I need lodge for EOI before I apply this Visa?If not, can i grant bridging visa A again soon after I lodge it?

    Many Thanks

    • Immigration Pty Ltd

      Dean All the EOI applications allow applicants to apply from a BVA/B/C. You can either apply direct or via EOI. GW

      On Thu, Nov 22, 2012 at 2:40 PM, Australian Immigration Blog – Grant

  80. Hi Grant,

    I am on a 457 sponsored visa and I have recently lost my job, I am still awaiting a cancellation letter, however it is hard to find a sponsor before Xmas in my line of work, so I am looking into the possibilty of applying for GSM

    1. Which BV will be granted and will I be able to work whilst on it?
    2. Is there a possibilty of the DIAC allowing a longer BV to get past the Christmas slow down period?
    3. If I apply for a GSM will a new BV be processed to allow me to work and stay in Australia whilst I wait for my GSM visa to be processed?

    I need to get the ball rolling as I need to do a TRA before I process my EOI for the GSM.

    Ive read nearly all the comments on here and you do a great job

    Thanks Adam

    • Immigration Pty Ltd

      Adam
      BVA if you are invited to apply in Skill Select and you apply.
      Yes you can work.
      No but they may take months to write to you about the 457 issue and then you get time to respond (28 days) before they make any decision.
      GSM is now Skill Select via EOI so no BV until they invite you to apply and you actually lodge the application post invitation. It’s not as simple as you are thinking.
      GW

  81. as you mention it before that i am in schedule 3, can i apply for 187 visa onshore..still confuse..i don’t want to make any mistake such when i applied for 485.

    many thanks Grant

    • Immigration Pty Ltd

      Dean 187 via skill select has no Schedule 3 provisions. But s48previous onshore refusal ban does apply. GW

      On Fri, Nov 23, 2012 at 3:03 PM, Australian Immigration Blog – Grant

  82. Hi grant,
    I came to Australia on a student visa in the year 2009 and completed my Masters in Electrical Engineering in February 2011.Later, i wrote my IELTS and got a 6 band overall and applied for Temporary resident in the month of march 2011.
    And my file was opened after one year in Feb 2012 but i was in India when the file was opened and i asked the case officer to give sometime to submit the documents.
    After my return to Australia i have submitted all the documents except medical certificate,police clearance certificate.And i tried to apply for the PCC but it did not accept my passport as my passport was expiring in the same year June 2012 so i have applied for the new passport in Australia and it took 10 weeks to get a new passport and i could not do my medical test too because i dint had my passport with me and the mean time i have mailed this information to the case officer but he refused my application and later i have applied for MRT.
    Its been more than 6months that i have applied for the MRT and i did not get any response from the MRT.
    Now my issue is , i want to apply for New Zealand PR as i met all the requirements to get a PR. so is it possible for me to apply for Newzealand PR apart from the fact that i have visa refusal and i have applied for MRT too.
    So if i can apply for the visa what are the chances to get PR and how would the visa refusal affect the Newzealand visa.

    Please help me out in this regard .
    Sorry for writing a lengthy letter and i know you are busy but please help me out in this regard.
    Thanks for your time and reply too.

    • Immigration Pty Ltd

      Shaik You should win at the MRT I do not do NZ immigration sorry. GW

      On Mon, Nov 26, 2012 at 9:42 AM, Australian Immigration Blog – Grant

  83. Hi Again, Grant!!

    I’m struggling with my options since I don’t have the 12 months requirements for the partner visa. That’s why I was gonna apply for a student visa – 572 class! I’m spanish and the course is more than 10 months, so in theory that’s no reason for them to give a No Further Stay condition. But it’s hard to know if it’s gonna happen or not!

    I’m staying in Australia at the moment in a tourist visa (i don’t have the “no further stay condition!). Is this gonna make any difference?

    Kind regards,
    Debora

    • Immigration Pty Ltd

      DEbora No it will not but generally over 10 months no 8503. GW

      On Mon, Nov 26, 2012 at 6:51 PM, Australian Immigration Blog – Grant

  84. HI Grant
    my name is harpreet . i did workmore than 20 hours. then immigration canceled my student visa.now i am ON MRT.can i apply 457 visa onshore or offshore

    • Immigration Pty Ltd

      Harpreet
      The only possibility is an offshore application and then you may be subject to a 3 year application ban because of the visa cancellation.
      GW

  85. Hi Grant,

    I have a question in regards to DIAC awarding point for qualification/s; especially 15 points towards Bachelor degree (including masters).

    In my case, I finished my Bachelor of Communication (Public Relations) in 2007 which I undertook in Australia. In 2008 I got a positive skill assessment by VETASSESS. I chose public relations as my nominated occupation.

    In 2011, I started a Masters of Social Work Course again in Australia which I have now finished and will be applying for skill assessment with AASW.

    From the DIAC website it says that:
    ‘ points for qualifications at Masters level can only be awarded where applicant have also completed a Bachelor degree that is assessed by the relevant skill assessing authority as being comparable to an Australian Bachelor degree level. ‘

    As far as I know my skill assessment by VETASSESS in 2008 did not have an expiry date. Major changes took place in 2010 where after that time applications were valid for a 2 year period.

    I know you are not an assessing body. But, from your knowledge do think that I am safe and will be able to get my full 15 points or what are your thoughts about my case.

    Thanks in advance for your wonderful help!

    Mel

    • Immigration Pty Ltd

      Mel Yes I think you are eligible for the 15 points. GW

      On Tue, Nov 27, 2012 at 12:42 AM, Australian Immigration Blog – Grant

  86. Hi Grant,
    My brother(Australian citizen) wants to sponsor my student visa (assesment level 4).He is also going to provide me boarding and lodging at his home.My question is do i still need to show funds ($18600 per year) living cost in bank.
    What do you think?
    Thanks
    Tiara

  87. hi Grant
    this is harpreet again. is this sure if i lodge offshore file will not effect 3 year ban subject. thanks

    • Immigration Pty Ltd

      Harpreet No it is not certain. It is up to DIAC. I cannot tell you if the ban will be applied but it usually is. GW

      On Wed, Nov 28, 2012 at 2:21 PM, Australian Immigration Blog – Grant

      • Hi

        I and my partner living separated about 2 weeks. And last week I reported to centrelink that we not living together. I got visa 100 nearly 2 month from the date we not living together. Centrelink tell me to fill seperated form. And put the name of 2 people that can confirm our separated. Why I need to do that form? Because my friend told me he did not fill any form when he seperated with his partner? Do the separated affect on my visa?

      • Immigration Pty Ltd

        Maria
        This is not an immigration question. Why are you going to centrelink? Are you collecting benefits or trying to collect benefits?
        GW

  88. Hi Grant,

    My case is with Migration Review Tribunal for 485 refusal (S48 bar is on me) and today I got SkillSelect invitation to apply for 190 Visa.

    What are my options now as I have only 60 days to launch an application?
    How many days would Tribunal take if it DOES NOT require a hearing?

    Thanks in advance,
    Sagar

    • Immigration Pty Ltd

      Sagar
      You must depart to lodge the 190. The MRT can take up to two years depending on the issue and of course how long it has been since it was lodged. Yes it will require a hearing.
      GW

      • Thank you very much for the response. It has been only two weeks since I launched application at Tribunal and today I got the SkillSelect invitation for 190.

        My worry is if I go off-shore and apply for 190, but the application fails, can I come back and still fight for my case at Tribunal?

        Also is there any chance that they would take back my 190 invitation if they came to know that I have S48 bar on me?

        Don’t know where, but I heard that for some cases Tribunal DOES NOT require hearing if I show enough evidence to prove my case during application and they would process it under 21 days. Is it true?

        Thanks,
        Sagar

      • Immigration Pty Ltd

        Sagar If your 190 application is solid from a points and document perspective I’d grab the opportunity. No the s48 will have no impact esp once you depart. Some MRT cases can be decided ‘on the papers alone” – I had one =a few months ago but it is quite rare and only were DIAC have totally stuffed up beyond any doubt. The 21 day thing is rubbish. GW

        On Fri, Nov 30, 2012 at 3:02 PM, Australian Immigration Blog – Grant

  89. Hi I m waiting for my student visa response can I apply for 457 visa thanks

    • Immigration Pty Ltd

      Happy
      If you are still on your old Student visa yes. If you have been on a BVA for less than 28 dyas yes. If you have been on a BVA for more than 28 days not onshore – you would have to depart and then lodge the visa section of the 457 and wait offshore until it is granted.
      GW

  90. Hi Grant
    My brother is in India .He is plumber and have 4 year experience . Can he apply for Australian PR or need to fulfill more requriments. thanks.

    • Immigration Pty Ltd

      Seema
      I do not do application assessment son the Blog. You need to take hos resume to a good migration agent for assessment. No one can assess an applicant from this type of info.
      GW

  91. Hi Grant ,iam a student ,have finished diploma of business and diploma of IT but working in health care sector as a community/personal/aged/disable carer for more than 3 years .My company is ready to sponsor me but iam not sure if i do meet criteria or not ,also i want to meet you within a week whats the time i can meet you in your office ? thanks .

    • Immigration Pty Ltd

      Megh You can only really apply in this area if you have the appropriate academic qualifications. GW

      On Sat, Dec 1, 2012 at 4:39 PM, Australian Immigration Blog – Grant

  92. Hi Grant:
    I have been refused gradute skilled visa sub class 485 visa which is uner review by MRT. I got a bridging visa A. My employer wants to sponsor me as a cafe manager. Can I apply for another onshore visa while I’m waiting for MRT .??

    • Immigration Pty Ltd

      Sanjay
      No you would have to depart and then lodge the application and stay offshore until the visa was granted.
      GW

  93. Hi Grant. I am holding on-bridging A now. I am worry because I think I did not submit some documents on time (within 28 days when I lodged I my 485 subclass). Some of my friends got refused because of this problem.

    I saw a lot of people lodged other visa when on-bridging A 485 but only through the paper submission but not online. My partner just completed her studied. So, can I lodge together as SECOND APPLICANT in her visa like 489 /485?
    If possible, what statuses I will be after lodge together and when my 485 get refused? Can i lodge in her 485 (my one now also 485) then 489.

    Thanks and looking to your reply.

  94. Hello Grant..hope you can help us. I married my fiancee on the 27 November 2012. She is a permanent resident and i’m from the uk. We have been together for over 18 months. we want to lodge an onshore application and declare ourselves ready. Will they tell me i have to leave Australia to do this as parting will break our hearts. is it better for us to go in person to the Adelaide immigration office. We had a good size wedding and lots of family and friends attended and they are more than willing to give written evidence of our relationship. My step son is 12 and us parting would destroy him as we have done so well repairing him from the traumas of his mothers previous relationship with his very violent natural father. Any advice on what to do next would be gratefully recieved. Thank you

    Ashley

    • Immigration Pty Ltd

      Ashley
      If you have a valid visa you can lodge an onshore 820 partner application and get a Bridging visa to remain here while they process the application. The only thing that can prevent this is if your current visa has an onshore application ban- condition 8503.
      GW

  95. Grant, my husband initially applied for GSM sub class 885 visa which was subsequently been refused and now it is under review by MRT.

  96. Hi Sir,
    i am so pleased to see your service and fast response to other people. Please help me, I had refusal on my 485 visa because of english requirement 2 years ago, for which I applied MRT. While waiting on this review on bridging visa A, I was sponsored by my employer for 119 RSMS. I lodged that visa in last month of june, by going outside Australia on bridging visa B and with all paperworks submitted except medicals. Now last month MRT has refused the visa again. Now I want to know if that 485 and MRT refusal decisions will have any negative impact on my current 119 application? And i had called Immigration to ask the status on my 119 application, for which that lady on phone said that I will get CO within TWO months, which will be end of January, should i trust her that i will get CO by then? I have applied at parramatta centre of excellence.

    • Immigration Pty Ltd

      Baljeet
      No the 485 refusal will not directly affect the 119. No you cannot rely on the time frame they told.
      GW

    • Baljeet hi if you can help please i m on mrt now and my subclass 885 was refused because i didn’t belts requirement i have hearing with next mrt and i don’t ielts till now will they refuse straight away in first hearing or will they give more timeif i ask and also i don’t have any lawyer and are very helpful and polite and humble or not ? Please reply soon

      • Immigration Pty Ltd

        Suri
        You should not be using this Blog to ask unqualified people to help you (Baljeet)!
        If you were attempting to ask me.. No generally they do not grant you more time. They are bound by the law and it does not allow such concessions.
        GW

  97. hello grant,my name is jazzy.i work as chef
    i applied for 485 visa march 2012 .on the other side i started job ready 1st july 2012.now in dec my employer is happy to sponser me on 457 visa.
    my aim is to get pr.
    which is easiest way for pr ?
    1. can i first complete my postive skill assesment after that am i able to apply for ens ?
    2. apply for 457 ,leave the job ready .?
    looking forward from .
    thank you very much
    jazzy

    • Immigration Pty Ltd

      Jazzy
      Cannot see howm you are eligible for ENS as you need 3 years recent post qualificatioin work experience. So only really eligible for a 457. You would need to deart Australia to lodge the 457 visa application as you have been on a BVA for more than 28 days (Schedule 3 of Migration regulations ban on onshore application) or wait till the 485 is granted and then do the 457.
      GW

  98. Hi Grant,
    Been reading your site and have been getting great insights on migration matters.

    I am 35yr old. I have 2 diplomas from recognized institutes in Singapore. Diploma in Electroncs Engineering and Diploma in Education. I have teaching experience of 10years at a Primary School in Singapore and I have IELTS result of 6.5, 6.5, 6.5, 7. Is this sufficient to launch a successful pr application?

    Currently I am on a student visa doing diploma in nursing in Victoria. By launching a PR application will it affect my student visa? Thanks in advance and looking forward to your reply.

    • Immigration Pty Ltd

      Zack
      I do not do application assessments on this Blog. However my initial reaction would be no it is not enough. You need to take all your papers to an experienced agent have have them assessed. It is not possible to make an assessment for a few lines of info in a Blog post.
      GW

  99. Hi Grant,

    My situation is that Section 48 has been imposed on me as a result of 485 refusal. I have applied for review at MRT. After that I got invitation from SkillSelect to apply for 190.

    My agent advised me to depart from Australia with Bridging B, lodge 190 application offshore, wait for acknowledge from DIAC that they have received my application, return to Australia and wait for Case Officer to respond.

    Will this work according to the law as my agent said these are new rules since July 2012 because of the new visa classes like 190 which are common for both onshore and offshore applicants?

    Thanks,
    Ravi

  100. Hi Grant,
    Is that possibe to include spouse in a visa application(subclass 187 RSMS) after getting notification of medicals from DIAC?
    Thanks

    • Immigration Pty Ltd

      Snajay Not if they were not inculded when you applied. You will have to sponser as a partner after you get PR. GW

      On Fri, Dec 7, 2012 at 8:28 PM, Australian Immigration Blog – Grant

  101. Tarun ,
    Hello, grant I really appreciate u for ur great service to the neede person and solving there queries ,my question is that I had applied for student visa 572 for nearly 9 months I was on bridging visa A and on the mean time I took bv C for traveling and while I was overseas my visa was refused when I came back I was unaware of my visa status and I overstAyed And then diac issues me bvE I have tried a lot to convince the visa officer about my innocent but nothing happened they told me that I am only eligible for protection visa or offshore visa , and I was so much disappointed by the dicesion I choose to leave the the county ,but my question is can I elligble for offshore skilled visa and is the 3 year ban will applicable on me or not plz ans my quries thanks

    • Immigration Pty Ltd

      Taran
      I do not see how or why there would be a 3 year ban from the information you have provided unless your refusal was based on false or misleading info provided to DIAC (pic 4020). You have only overstayed as you were unaware of the status of your application. Having said this DIAC can apply the ban as you have overstayed and gone onto a BVE. It will deopend on the attitude of the case officer to your circumstances if you decide to lodge a new offshore application.
      GW

      • Thanks grant for your reply and can you tell me about if my wife caN apply for a student visa and I can accompany her as a second applicant on a spouse visa and will my case affect on my wifes student visa plz reply and thanks for your guidance and suggestion

      • Immigration Pty Ltd

        Taran You can try but the ban is still a possibility but you situation should not stop your wife getting her visa. GW

        Sent from my iPad

      • hi, Grant thanks for your help with regards to my last inquiry, as i mentioned that i have just been informed that my remaining relative application which was lodged onshore 23/08/2010 where the other Family (sub 835) and was placed on bridging visa A .I am fortunate to have 10 years experience and skills in Substance abuse were i was able to find an employee base in Broome a remote area, that was and is still willing to sponsor .I applied and was successful to have the restriction to work removed on the visa A so I have been working since 1/8/2011. My RSMS nomination somehow did not get lodged in allocated time frame , I was also not informed or aware that the remaining relative application was being processed , I have now been informed that it has been refused due to clause 853, 212 in schedule 2 of the regulations .( 2010 I left UK my 24 year old daughter who lived independently which I stated on the application) . In the decision It also words that my other daughter who is the sub on my application has not made any claims against any other subclasses within the BU class ?
        I was informed that I have until the 9/1/2013 , on the 14/12/ I have lodged my case at the MRT. This is in a bid to delay the process of being illegal.
        Can I ask is the below the best way to go with this
        My employee is still going to support me and sponsor me on the 457 visa , I am now 53 now but have various letters to support the exceptional circumstances will this affect my case ?
        I need to apply for the bridging visa B for self and daughter. Will they grant this as I have to be offshore to lodge my 457 application due to the section 48 now applied to us? How long will this take to be granted ?
        Can I write an appeal letter to submit with that application as am I planning to use holiday hours to travel to Bali to lodge the 457, would I be able come back in to Australia after lodging as I was informed that I could come back, as I want to be loyal and come back to work, but had to be off shore to receive the decision of that application. That person suggested that it may be at the case officer’s discretion to include me of that information?
        Will the panel remove my right to work on the A visa if going through the appeal and how long would an appeal give me? Any ideas on that time scale?
        My daughter who was living in the UK is now here onshore since November on a one/two year’s travel visa and is possibly thinking of remaining.
        I am I doing this in the right order is there anything more I should be doing to ensure that me application goes smoothly.
        Kind regards
        Mandy Heywood

      • Immigration Pty Ltd

        Mandy If you had a 24 year daughter living o/seas you were never going to be a remaining relative. So the MRT application must fail. If you depart on a BVB you cannot return on it as DIAC will apply s48B and the application will be invalid. You must wait offshore until the 457 is granted. You can get a 457 if you are over 50 no need for any special submission here. Sounds like you should be getting some face to face help immediately as you already have created quite a mess here somehow and soon you may not be able to recover from these problems and get a visa granted. GW

        On Sun, Dec 16, 2012 at 2:03 PM, Australian Immigration Blog – Grant

  102. Hi Grant, to apply for subclass 190, the IELTS can it be the General Training mdule or it has to be Academic? Thank you.

  103. hello grant ,i am on studying in telecommunications . i hold a 2 year visa with 8535 condition on it . my occupation is in sol . am i elegible for a graduate skill visa 485 or sponsership 457.

    • Immigration Pty Ltd

      Shankar
      You have read the condition on your visa and it is quite clear about a subsequent onshore application. You would need to deapart to lodge an application in either of these visa subclasses.
      GW

  104. My 485 visa refused by MRT due to no jurisdiction as application was lodged in 24 days instead of 21 days. I filed application with FMC. Final hearing is fixed in Feb 2013. I intend to withdraw my case with FMC and file a protection visa application on-shore. Currently I am on BVE. Can I avoid costs in the FMC if I withdraw early? Can I make a valid protection visa application on-shore in the circumstances. Thanks.

  105. ……..Besides, should I file protection visa application before I withdraw my application with the FMC? What should be the sequence as my case with the FMC seems to be hopeless and my protection application has some good grounds. Thanks.

    • Immigration Pty Ltd

      Majeed
      You should only file a Protection visa if you are a genuine applicant for Protection . These applications are not a mechanism just to buy time.
      GW

  106. Hi Grant,

    I made an onshore application for remaining relative in June 2010, I was put on a bridging visa A, meanwhile because I have certain skills I managed to secure a regional skilled nomination employment in the kimberleys. the nomination was made by the employer. I have not lodged the employee side of the visa, i have since received notification on the 11/12/12 of refusal of the remaining relative visa. i have contacted DIAC migration section. I have been informed by an advisor that i have now got a section 48, the visa that i was applying for has been renamed as a 186, as I am over 50 years old I do not fit the criteria for exceptional circumstances. I was advised that possible a 457 visa was more suitable if my work place/employers would still sponsor for the 4 years. If the section 48 applies – can i apply onshore? Or can I appeal for the remaining relative as I have not had any contact from the caseworker working on that visa, until yesterday with the refusal letter. If appeal will cost me $1500 which will delay the 28 days. Would I then be able to apply for a Bridging Visa B allowing me to go off shore to make the application for the 457, and how long would I need to be offshore for it to lodge? I also have a dependent.

    any help would be massively appreciated
    Thanks,
    Mandy

    • Immigration Pty Ltd

      Mandy
      S48 does apply to you. You cannot make any application onshore. Yes you can appeal the RRV refusal at the MRT. Cost $1540 non refundable unless you win and then you get $770 back. If you depart on a BVB you must remain o/seas until the 457 visa is granted (s48B).
      GW

  107. Hi Grant, I was going thru your blog in past few days. I find very helpful to needy people. I must say you are doing a wonderful job and God bless you. I have question.Initially I applied for subclass 885 and it was refused because I didnt qualiy the 120 points. I went with MRT and subsequently they affirmed the decision in the favour of DIAC. I want to apply for dependant on wife student visa. Some people say I will have a 3 years for entry to australia. How do i find out if it is correct and if it is applicable to me. Please help me on this issue and thank you for you kindness to other people.

    • Immigration Pty Ltd

      Khan
      From what you say there should be no 3 year application ban unless DIAC said you provided false or misleading information in your application(PIC 4020)
      You can only apply for a new visa offshore as you have a s48 ban on onshore applications.
      GW

  108. hello grant, how are you?
    i would like to ask you yesterday immi granted me 485 visa as occupation of cook.i already started job ready from 1 st july 2012,at the same time i also have nomination approved for 457 visa from my employer from the date 14 th nov 2012.what is best way for me to get pr?
    is there any benefit of doing job ready?
    as i already done 5month of it?

    • Immigration Pty Ltd

      Jazzy Can’t say from this info but you may be froma country that requires a Skills Assessment as a Cook to even get a 457 visa nd then after 2 years the possibility of PR via ENS. You should get someone to check out your paperwork and situation. GW

      On Fri, Dec 14, 2012 at 1:54 AM, Australian Immigration Blog – Grant

  109. Hi Grant thanks for sharing this information.
    I have 572 visa for 9 months more . I have done two years study here. Can I apply for 457 visa now if i am eligible. or do I have to wait until 572 ceases? Thanks

    • Immigration Pty Ltd

      Jaswinder you can apply now if you have a qualification complete that is the one required for the occupation / job your are beig sponsored for.
      GW

  110. Hi Grant how u going?
    Today I went to attent hearing at migration tribunal court. It was coz of my 572 visa application was refused In 2010. Now the “member” from tribunal ask me provide all the docs again( fund docs and health insurance ) and then they can make a decision . She give me time until 14th jan. I want to ask what ur opinion would they give me visa if I provide genuine Ana correct docs?? Or it would be time wastage as I wasted two years already eating for them to give me decision . Thanks

    • Immigration Pty Ltd

      Tony
      They only ask if there is a good prospect that they can make a favourable decision. If it was hopeless they would have told you.
      GW

  111. Hi sir ! I am preet . Actually I got refused my rsms 857 visa !! Now I had aaplied mrt ! Can u plzzz tell me can I travel on this circumstances !!

    • Immigration Pty Ltd

      Preet
      Depends what BV you hold. If it is a BVA you can apply for a BVB to travel.
      GW

      • I just applied my nomination mrt ! My application was onshore ! Now m waiting to refuse my visa aplication when my visa file get refused I will apply mrt !! M on bva ! So can I travel after aaply my mrt !

      • Immigration Pty Ltd

        Preet If you have a BVA you can apply for a BVB. You might need to check with the MRT if they will accept an MRT application for the visa refusal if you do not have a valid Nomination. They may see this as a case in which they do not have jurisdiction as to get this visa you must have a valid Nomination. GW

        On Tue, Dec 18, 2012 at 3:01 PM, Australian Immigration Blog – Grant

      • Sir . I already applied my valid nominations mrt ! Now m just waiting to refuse my visa application . Once my visa application get refuse I will apply mrt on my visa application ! ! Can u plzzz tell me as now m on bva ! After aaply my visa mrt which bv they will give me n can I travel on tht visa !! Thx for ur help sir

      • Immigration Pty Ltd

        Preet That’s not what I’m saying The MRT can of course review an Nomination that has been refused but the MRT may decline to review a visa that is refused solely because the Nomination was refused. They may say you do not hold a Nomination approval from DIAC therefore we have no jurisdiction to review the visa refusal. Only way to find out is to try and lodge the application for review when DIAC refuse the visa. If all goes well you stay on the BVA. GW

        On Wed, Dec 19, 2012 at 9:34 AM, Australian Immigration Blog – Grant

  112. Clarence Sanchez

    Hi, informative and interesting site… Well done. Admire your patience Carry on mate… Cheers

  113. Hi Grant,
    I’m on Bridging A at the moment.
    My 485 visa has been refused therefore I applied for MRT about a month ago.
    My company is now prepareing for sponsorship(RSMS) for me, and I know that I cannot apply when I’m in Australia.

    But am I ok to apply for BVB and apply for RSMS offshore, then come back to work while im waiting for PR to be granted?

    Or do I have to withdraw MRT application when I apply for RSMS offshore?

    Thanks

  114. Hi Grant,
    I’m on Bridging A at the moment.
    My 485 visa has been refused therefore I applied for MRT about a month ago.
    My company is now prepareing for sponsorship(RSMS) for me, and I know that I cannot apply when I’m in Australia.

    But am I ok to apply for BVB and apply for RSMS offshore, then come back to work while im waiting for PR to be granted?

    Or do I have to withdraw MRT application when I apply for RSMS offshore?

    Thanks

    • Immigration Pty Ltd

      Irene
      S48 (3) says…(3) For the purposes of this section (which applies only in respect of applications made while a non-citizen is in the migration zone), a non-citizen who, while holding a bridging visa, leaves and re-enters the migration zone is taken to have been continuously in the migration zone despite that travel.

      So my advice to clients is that they should wait offshore if s 48 applies to their application.
      GW

      • Did you mean I dont have to withdraw MRT, I can get BVB and apply for RSMS offshore, but better wait offshore until PR is granted?

      • Immigration Pty Ltd

        Irene Yes but the processing time for RSMS can be months. No it is not necessary to withdraw the MRT. GW

        On Thu, Dec 20, 2012 at 11:26 AM, Australian Immigration Blog – Grant

    • Immigration Pty Ltd

      Irene Answered just now on the Blog. Please be patient. GW

      On Thu, Dec 20, 2012 at 10:54 AM, Australian Immigration Blog – Grant

      • sorry its my last question grant.
        what if i come back with BVB after applying for RSMS offshore?

        Would I be sent back to my country, BVB will be cancelled once they find that I applied the other visa offshore, or does it negatively affect on RSMS application?

        Thanks

      • Hi sir , I am preet . M waiting to refuse visa application Becz I wanna apply mrt ! And today my 28 days are finished after refused my nomination ! Can u plzzzz tell an I ask to my case officer to give dicission in my visa application !! Becz I need to go oversease last week of January ! Thts y m disappointed

      • Immigration Pty Ltd

        Preet No you cannot ask and expect them to respond in this way so you can appeal a case that you cannot win so you can travel. GW

        On Fri, Dec 21, 2012 at 5:05 PM, Australian Immigration Blog – Grant

      • Thank u sir . As now m on bva ! Until I go if I didn’t get any refusal so an I get bvb to travel !! Can my case officer give me 28 days to laodge my mrt if I not here in Australia

      • Immigration Pty Ltd

        Preet If an application is refused you have a statutory period to lodge for review it does not matter where you are . The time period depends on the method of notification. By email it is 21 calendar days and by mail 7 working days plus 21 calendar days. GW

        On Fri, Dec 21, 2012 at 6:07 PM, Australian Immigration Blog – Grant

  115. Hi Grant,

    Just wanted to share a piece of information with you since you are helping many applicants. I have seen in the comments above that you have advised applicants with Section 48 bar to apply for another Visa by going offshore and stay there till the Visa is granted. Fortunately, it is NOT required for an applicant with Section 48 to stay offshore till the Visa is granted unless they don’t have any other valid Visa.

    Section 48 applies only at the time of the application. For instance, the applicant who is holding BV B and has section 48 bar can apply another Visa offshore and return without waiting for the grant. This has confirmed by my lawyer and also by DIAC. The aim of Section 48 is to not provide any further bridging Visas for the applicant, and so when the application is lodged offshore there won’t be any bridging visas available for the applicant. Please check and correct me if I’m wrong.

    Thanks.

    • Immigration Pty Ltd

      Ravi This is just a new DIAC policy decision/stance they have been applying to 457 visas. As the ENS/RSMS program is affected in exactly the same way s48 (3) leaves this door open to be interpreted in the same way. I do not think it is wise for you to be offering this advice when you are not qualifed to do so. I take a very conservative view of this area as clients tend to be very upset when an application is returned as invalid. I suggest to anyone who is questioning this that they read s48 (3). GW

      On Thu, Dec 20, 2012 at 2:35 PM, Australian Immigration Blog – Grant

  116. Hi.
    Im on 485 bridging visa and its been only 4 month since I apply for it.
    Can I lodge 886 visa application while im on 485 bridging visa or do I need to withdraw my 485 application and lodge the 886 before 31st dec?
    Thanks.

    • Immigration Pty Ltd

      Asanka
      To go from 485 tom 886 you must hold the 485b visa not the BV. So no to that one.
      If you withdraw tit will not work as you will have been on a BV for too long and you will not meet the Schedule 3 requirements. . So no to that also.
      GW

      • Hi Grant,
        in my passport visa label it says Class “WB Bridging” “sub class 020″
        is that the 485B visa?
        I thought we can apply for 886 within 6 months once we apply for 485 :-(

      • Immigration Pty Ltd

        Asanka A BVB is a BVA for travel. There is no such thing as the 485B as you put it. If you have applied for a 485 visa and you are still within the 6 months of completing your studies you can still apply for the PR 885/6 but if you are more than 6 months from your course completion date you cannot apply until the 485 is granted and the 885/6 visas finish on 31 Dec 2012. You are confusing the 6 month Australian Study requirement application window. GW

        On Sun, Dec 23, 2012 at 10:11 AM, Australian Immigration Blog – Grant

      • Thanks for that Grant.
        I finish my studies in July 2012 and my student visa was expiring on 30th august. I had to get done IELTS 7 for the assessment so I apply for 485. As you saying i’m still on the bracket of 6 month of studies and less than 6 month applying for the 485.
        Thanks

      • Hi sir ! Can u plzzz tell me how many holidays immigration people get on Xmas n New Year

      • Immigration Pty Ltd

        Preet On the DIAC website. Only the noraml public holidays. GW

        On Sun, Dec 23, 2012 at 8:40 PM, Australian Immigration Blog – Grant

      • Thank you alote sir ! For ur help !!

      • Hi grant m preet hope u doing well ! I need some information from regarding visa condition . Actually right now m on 857 met visa . Can u plz tell me tht can I sponsor my partner from India on visitor visa for one or two months ! Thx

      • Immigration Pty Ltd

        Preet Yes you can apply as you have PR. GW

        On Mon, Apr 1, 2013 at 2:51 AM, Australian Immigration Blog – Grant

  117. December 23, 2012

    Your comment is awaiting moderation.
    I applied for student visa Class TU Subclass 573 Higher Education but my visa refused, the points were 1. I am married i have two children how can i leave them in pakistan for proposed 4 years and who will support them without indicating?
    2. I already have a engineering diploma in pakistan so whats the need of doing the same diploma in Australia?
    3. I have been working in NADRA from last two years as a junior assistant engineer, they were not satisfied that the benefit of this experience is better then the bachelor degree having in Australia?
    Please tell me what should i do i am so much confused?

    • Immigration Pty Ltd

      Sher
      Not my place to tell you what to do. You have applied and they said no. Unless you can address these reasons for refusal and satisfy them that they are not correct they will not give you a student visa.
      GW

      • Hi Grant,
        First of all you are doing a great job so congrats for that.
        my question is I am on a 485 visa which is expiring on 4/4/2013 and same with with my wife, apart of that I had applied 487 visa (Regional State sponsored) back in May 2010 and waiting on the decision yet. I will be on a BVC after 485 expires and at the time of application my wife was offshore when I applied 487 visa.
        So what are my options if She has to continue living here,
        Can I add her to my previous 487 application anyhow?
        or
        Can she apply for the BVC/D/E separately to stay with me until I will be granted a 487 visa?
        or
        She will have to leave the country after 485 expires

        Please help me out to find a proper solution, it is killing the relationship if you understand what I am saying.

        Thank you and take care

        Dell

      • Immigration Pty Ltd

        Dell
        No you cannot add her.
        No she will not get an onshore BV unless she can lodge some visa application.
        generally she will have to depart unless she can apply for some visa.
        Seems very harsh but unfortunately that is how the system works for people who have applied in the way you have.
        GW

  118. Hi Sir , I did my Masters IT from Swinburne university and finished my degree on 14th August 2010 and was trying to get Inidividual bands of 7 in ielts to apply PR , In the mean time I got 6 individual but didnt bother to apply as I was trying for 7 . On 13th Feb 2011 which was last before day of my of 6months since i completed my course , I was applying for TR online and ssystem was not acceptingmy application .when i called immigration they informed me that I cant apply online application and need to do paper based application . On 14th morning i reached Melbourne Immi and was about to submit my documents they informed me I need to drop the documents at adelaide office .When I explained him the situation they informed that It was my mistake :-( , I anywayz sent by documents through speed post which reached and 16th feb and I was granted a bridging visa … , I called adelaide immi and informed everything , they said me that I can live and work , once case offier gets assiged he will reject my TR . I got depressed and came back to india on Aug4th 2011 (got my stamping done for 1 year bridging) I had my case officer assigned on may 2012 but didnt go back to australia thinking my TR would get rejected . Now I regret that why I came back to india… , I want to come back australia . Is there any chance sir?

    • Immigration Pty Ltd

      Sai
      You have not done anything that will stop you getting a new visa but to come here you must make a visa application. That cannot be a 485 so it must be something else. I cannot tell from your info if you could make a Skill Select application or if you may need to reapply as a student to get the skills necessary for a new GSM type application. You cannot unwind the past so it is just a question of what you can or are prepared to do to get a new Australian visa.
      GW

  119. Hi Grant,
    I received my MRT decision today which turned out to be in my favour. MRT has remitted my 485 application back to DIAC for reconsideration, but I’m yet to hear from DIAC. I would like to know whether my Section 48 bar has been waived off as a result of MRT’s decision? Because I have an 190 application which is going to expire soon.

    Thanks

  120. Hi Grant, Thank you for generous help to everyone. I just have a small query. I had MRT hearing last friday and they affirmed the decision in the favour of DIAC. I havent received anything yet from DIAC or MRT.Tribunal member advise he will make the decision soon and let me know. Now since which date will I have 28 days to leave the country and I guess I will get BVE,Since which day will the BVE will be in effect.will I have working right at all on BVE, if not Can i apply with DIAC.will I have to go to DIAC to get BVE from the nearest IMMI office.

    • Immigration Pty Ltd

      Khan You get 28 days from the date of the MRT letter notifying you that they have affirmed the DIAC decision. You stay on the BV you have now until then. No you cannot make any new onshore applications to DIAC. You should depart before the 28 days runs out. GW

      On Thu, Dec 27, 2012 at 2:17 PM, Australian Immigration Blog – Grant

  121. Hi Grant,
    I received my MRT decision today which turned out to be in my favour. MRT has remitted my 485 application back to DIAC for reconsideration, but I’m yet to hear from DIAC. I would like to know whether my Section 48 bar has been waived off as a result of MRT’s decision? Because I have an 190 invitation which is going to expire soon.

    Thanks

    • Immigration Pty Ltd

      Sai That’s great. You no longer have a s48 bar. GW

      On Fri, Dec 28, 2012 at 11:07 AM, Australian Immigration Blog – Grant

      • Sorry Grant, I have to ask this once again. MRT made a decision for DIAC to reconsider my application (did not overturn or set aside the DIAC decision) and the 485 visa is still to be granted. I want to make sure whether the s48 still applies as DIAC is yet to grant me the refused Visa.

        Thanks.

      • Immigration Pty Ltd

        Sai The MRT has remitted your application for DIAC to continue processing.This means s 48 never happened. GW

        On Sun, Dec 30, 2012 at 3:39 PM, Australian Immigration Blog – Grant

  122. Hello grant,Happy new year!
    i would like to ask you that i got my tr 13th dec as a cook.
    now ,i applied for 457 visa from my employer.the file for visa lodged on 20 dec.However i working with this same employer from 5th march 2012.i worked 31 hour on tax each weak so in future if i wanna apply for ens to get pr.does my eaxpereince count from march till dec?
    or i will eligible for ens after 2 year once i got my 457 visa.?

    thank you

  123. Hi grant;
    I have applied for the student visa 472. But immigration return my application by saying its invalid. Because my last student visa had a condition 8534 ( no further stay). How can i waveoff this condition. And i am also running out of my visa.
    Thanks.

    • Immigration Pty Ltd

      Ajay You cannot and it means you can only apply for a new student visa offshore in your home country.
      GW

      • Hi sir ! How r u ? I am preet . M still waiting to refused my visa application ! Becz I wanna aaply mrt ! I need to go oversease on 24 January . So can u plzzz tell me if my case officer didn’t refuse until 24 January !! Is there any problem for me if I travel !!

      • Immigration Pty Ltd

        Preet You will only find out when you go to apply for the BVB. If they will not grant the BVB then you can expect the refusal very soon. GW

        On Thu, Jan 3, 2013 at 7:32 PM, Australian Immigration Blog – Grant

  124. Hi Grant I m on MRT my 485 visa refused now I want take student visa can I apply or not please tell me

    • Hi grant h r u on my refusal case they said s48 please tell me these 3 years when start from applying my file for TR or from refusal date I applied my TR in 30 dec.2009 & my file refused in 17sept 2012 can u clear my concept plz
      Thanks!

      • Immigration Pty Ltd

        Karamjit S48 only means an inshore refusal there is no 3 year period associated with a normal refusal. If on the other hand your refusal is 4020 based the 3 years will statrt from the date of refusal. GW

        On Fri, Jan 4, 2013 at 4:54 PM, Australian Immigration Blog – Grant

    • Immigration Pty Ltd

      Karamjit Not onshore you would have to apply offshore and again it will depend on why you were refused. If 4020 no you will have a 3 year ban. GW

      On Fri, Jan 4, 2013 at 4:43 PM, Australian Immigration Blog – Grant

  125. Dear Grant, i would ask some advice on a Subclass 300 Visa that my Wife Holds, we are now married within the 9 month restriction period, we made a mistake and that visa expires today, do we have 28 days to lodge the application for a 309-100 or are we out of Luck!!! we also have a 2 year old son together who is also in Australia.

    • Immigration Pty Ltd

      Rick
      No you are not out of luck but you must apply as soon as you possibly can. There is a provision that allows this. Certainly do it within 28 dyas.
      GW

  126. Hi Grant, I am an australian citizen and my wife has a class 100 visa which says no entry after September 13. Does this mean the visa expires and needs to be re issued?At the moment I am overseas for work, how can I renew her residence visa?I cannot find any guidance on how to renew this type of visa
    Best regards
    T

  127. Hi sir,
    My student visa 572 will expire on 19/03/13 and i lodged d 457 visa application 29 dec 2012,but unfortunate my student visa was cancelled on 3/1/13 means after lodged d 457 visa ,but when i lodged d 457 visa that time i granted visa but now when i checked view entitled there is showing i have no current ,so what i have to do now so ill get my 457 visa or start d process of 457 visa .pls advice me its urgent bcs i dont have current i need to anything on monday.thanx

    • Immigration Pty Ltd

      Ravi
      When your student visa was cancelled this also cancelled the BVA grnated for your 457 application. You need to go to DIAC to apply for a BVE (Form 1008) to allow you to stay legally while they consider the 457 application.
      GW

      • Hi grant ,i got bve on yesterday and i have to go through revication ,my question is that now im on bridginging E ,and if my revication for student visa cancelled will not success,then ill go through d mrt but while my 457 visa which i lodged before cancelled d visa will process further or ill get 457 visa or not ,thanx

      • Immigration Pty Ltd

        Ravi In theory it should continue to be processed but the outcome will be affected by the visa cancellation and usually that would result in the 457 being refused. GW

        On Wed, Jan 9, 2013 at 10:24 AM, Australian Immigration Blog – Grant

      • Hi sir,if my revocation will successfull then ill get 457 visa or not ,and is any best way to get 457 visa ,and also i havenot got any sec-20 notice for 28 days from clg ,is there is chance of my revocation will success .or can i apply again 457 visa offshore.Thanx

      • Immigration Pty Ltd

        Ravi I cannot tell you any of this without reviewing all your paperwork. Sorry. It is not prudent to just guess. you need to get some good face to face help. GW

        On Wed, Jan 9, 2013 at 4:53 PM, Australian Immigration Blog – Grant

    • Hi sir,my wife is in india ,she has done bachelor of accounting ,and she got 6 band in ielts,if suppose my revocation will not success and ill withdraw d 457 file ,after that my wife can apply 457 visa offshore,and if she will get 457 visa and she arrive in australia ,will i get pr on her basis in future ,i have employer who can sponser to my wife ,

      • Immigration Pty Ltd

        Ravi you still hve to depart to get this visa and you still have a ban 3 years due to visa cancellation GW

        On Wed, Jan 9, 2013 at 5:32 PM, Australian Immigration Blog – Grant

      • Hi sir,like i include my wife in 457 visa ,and if my revocation will not success and ill withdraw my 457 visa ,in case after ill my wife apply 457 visa offshore from india dependently ,is my cancelletion will effect on her 457 visa ,bcs she never been australia and never been apply for visa ,if my revocation will not success then i wana bring my wife in australia in any condition like on her bases ,how can she will get visa dependently,Or if she will get pr ,then after 3 year ban i can join her to come australia from or if ill in australia then also i can her after 3 year.thanx

      • Immigration Pty Ltd

        Ravi I think you are abusing my goodwill here…3 more detailed emails. You need to seek some professional advice. This is a complex issue and I don’t have the time to keep looking up all your previous emails. Get some professional help. GW

        On Sat, Jan 12, 2013 at 11:51 AM, Australian Immigration Blog – Grant

      • And also like i have not get sec 20 notice from clg ,and i didnot know that clg has report to diac,even i didnot anything about student visa cancellation ,and i aplied 457 visa on 29/12/12and my student visa was cancelled on 3/1/13,when i was checking 457 visa status on 4/1/13 then knew that my Visa was cancelled but thats not fair bcs
        1.i havenot get sec20 from clg ,i didnot aware about sec.20.
        2.i aplied 457 visa before cancelled d student vusa ,then immi should had to issue me bridging visa A in 457 visa basis .thats totally unfair with me ,
        So i wana ask u sir is it fair or unfair for me and other thing how many chancess for revocation will successfully .bcs they didnot give me time to explain my situation and problem ,which is legaly act that student has 28 days to discuss d matter with immigratiob,after issued sec 20 ,but i didnot get any sec 20 ,if knew that then why i had lodge d 457 visa on 28/12 its clearly means that i was not aware about any notice it was totaaly unfair and misleadind to my career,bcs one of d big company has hired me for customer service manager position and they applied d 457 visa for me ,bcs im eligible fot that position acording to my wualification and experience but after that i got this problem which i never aware for that ,
        Sir ,im very upset bcs i lost everything in last moment of my caree so pls give my best advice ,thanx

      • Hi sir,i want know that if my clg want to help me ,so what kind of help they can help to revoked d student visa cancelletion bcs i met d clg director ,he said that they didnot sent me d sec20 notice ,they can help me ,pla let me know what kind of help from clg which is stringly effect on my revication.thanx

  128. Hi Grant, I finished diploma of community work in Jan 2012 and will be finishing diploma of business in Feb 2013. Could I apply for 485 after feb 2013. I got Ielts 6 each. Thanks

    • Immigration Pty Ltd

      Surjit Yes you can apply but I’m not sure DIAC will see these two courses as closely related and this will be a big problem in getting the visa approved.
      GW

      • Thanks for u r reply Grant , I was afraid that transitional arrangement finished on 31 Dec 2012, now community welfare diploma is not anymore in SOL. Is that still possible ? Thanks

      • Immigration Pty Ltd

        Surjit The 485 is an ongoing visa. However the closely related study is a problem to meet the Australian Study Requirement. GW

        On Tue, Jan 8, 2013 at 3:39 PM, Australian Immigration Blog – Grant

      • Thanks Grant , u r really very helpful . Last year my few friends applied with same diploma and they got approved T. R (485) without any problem so I think related study won’t be problem for me. When I checked immi website it shows that 485 is with two year validity , but our occupation must be in SOL whereas community diploma is not in that . Pls clarify . Thanks a lot once again

      • Immigration Pty Ltd

        Surjit If your occupation is not on the list you cannot apply. GW

        On Tue, Jan 8, 2013 at 6:34 PM, Australian Immigration Blog – Grant

  129. Hi I got my student visa refused and waiting for MRT decision . So I want to know can I apply for 187 visa onshore. Thanks

  130. hi grant its very nice to see your blog ; Actually i have some questions : i had a bridging visa A and i applied for spouse visa and it says me, they give me bridging visa C . so i have now two bridging visa .ie A and C. When is bridging visa C effective? I want to visit my family, since its been 5 years i never been back from here .do you think that i can get bridging visa B to travel overseas. if so which form i need to submit and how long they will take to give me bridging visa.should i have to buy air ticket and show to them?
    thank you
    god bless you

    • Immigration Pty Ltd

      Basnet
      The BVC starts when the BVA expires. It seems you currently hold the BVA which means yes you can apply for a BVB. Form 1006. Application generally approved over the counter if you apply in person.
      GW

  131. yes actually my student visa was refused and i did mrt, and later i applied for spouse visa and they give me BVC . so i can apply for BVB now and visit overseas . does this effect to my spouse visa application in any way. Is is important that i ve to attend the collage now and does the study matters while overseas visit. do they matter about my study when i come back from overseas , especially in airport .coz they might be looking my visa condition and other .
    thank you
    god bless you

    • Immigration Pty Ltd

      Basnet If you are still on the BVA for the MRT application yes you can get a BVB and no it will have no impact on the Partner application. No the whole student requirement lapsed when they did not grant the student visa. GW

      On Tue, Jan 8, 2013 at 6:13 PM, Australian Immigration Blog – Grant

  132. Hi grant how r u? First I would like to say you thanxs about that help which you provide to those people who mislead from some consultants , any way my question is different and I went to so many immigration consultant but no one able to solve my confusion Plz help me out , I came in austalia in 2008 on student visa and in 17/nov/2010 I got married with someone ,on that time my husband was applied for his TR@PR both in regional area which one we can apply after study so he was waiting for his decision and on that time he hold BV visa and I continue with my student visa . We went to so many consultant they said to us you can’t get ur husband visa until he ll not get any specific visa in 27/01/2012 we got mail from immigration you file under PIC 420 then he gave him 28 day to withdrawal or answer the question but where from he got volunteer exp on that time that guy wasn’t ready to help us then we withdrawal that file , so after that TR file was pending and I m still on student visa then I trying to find job I my feild as a hairdresser one salon owner ready to spponser me and I applied for RSMS but after during to my per problem I withdrawal my file then ,my husband got email regarding his TR file is also refused they said to then if you want to review the you have to go through MRT within 21day he applied for dat and after that I got new job in my feild they like my work they ready to gave me 457 so they did that for me and I got my 457 visa granted untill 2016 but my husband still on MRT is there any chAn e for him to get spouse. Visa behalf of me I m so confused no body give us right information I went to so many consultants even when my lawyer applied for my 457 he said to us if I put my husband name in u get trouble in ur file I worried about that when our immigration status are same , when we both get same status in immigration no body help us if you think anything we are able to do in our caseplz let me know thanxs regards , Neeru

    • Immigration Pty Ltd

      Neeru
      The position is quite simple.
      You husband has a s48 bar to any onshore application and as he has a 4020 refusal he will have a 3 year application ban. If it were not for the 4020 problem he could depart and be attached to your 457 visa and return provided your sponsor was will to extend sponsorship obligations to iclude hi.
      Right now unless he can win at the MRT he will not be able to make any application.
      GW

  133. Hi Grant,
    Thank you for this blog. It is really helpful. I appreciate your effort in helping confused applicants understand the complex immigration proces. I too have got a question for you if it is possible. My MRT was rejected on 7th and I have not received the letter advising so yet, however I understand I have some days to do something about it. My case is very simple as I am married to a permanent residence and will be applying for spouse visa. I was wondering will I have work rights once I do so?
    Thank you.
    Abhisek

  134. James
    Hi Grant,
    I am on a student visa 572 with a “no further stay condition” 8534.
    Me and my partner have been together for over a year and have a child together. Both my child and his mum are Australian citizens. My partner also has 3 other of her own children who are living with us and all are under 18.
    The problem is that my visa expires in a few days and doesn’t give me enough time to waive out the condition. Are there any other options I could use to enable me to apply onshore for any visa while trying to waive the 8534 condition from my visa?
    And then apply for a partners visa?
    My fear of applying offshore is that it takes longer and it my be hard for my partner to manage things on her own here having 4 kids around as she also has health conditions after having our recent child
    Thanks

  135. hi grant its very nice to see your blog. i have some questions for you.
    Ive finished my 2yrs studies here in australia and applioed for 485 visa, unfortunately i did not meet all the requirements. i got one 5.5 with my ielts so the case officer said that she will make a decision on feb2 which i expect to be refused. i just want to know if i can apply for mrt? i am working fulltime as an ENROLLED NURSE here. skills assessment did not asked me for my ielts as they’ve said im already a registered ENROLLED NURSE..
    thank you

    • Immigration Pty Ltd

      Kevs
      Yes you can go to the MRT but you cannot win there and they will process your case quickly as it has no prospect of success maybe in a couple of months.
      GW

  136. thank you grant. what is the best option i can do? If im not goin to apply mrt and just go back hom can i still apply another visa offshore? can i apply student visa again?

    • Immigration Pty Ltd

      Kevs You can try another student visa but you have to convince them you are now a genuine temporary enterant to get the visa. GW

      On Fri, Jan 11, 2013 at 11:50 AM, Australian Immigration Blog – Grant

  137. James
    Hi Grant,
    It’s james here again.
    I have been advised by DIAC to apply for the condition to be waived and then apply for bridging visa E.
    what do u think about this?

    • Immigration Pty Ltd

      Hi James Yes it is an option as you have an AC child. You cannot guarantee that it will work however and it’s an expensive mistake if it does not. GW

      On Fri, Jan 11, 2013 at 4:26 PM, Australian Immigration Blog – Grant

  138. Hi Grant
    My friend is on bridging visa A, and his visa for Skilled 485 has been refused 24 days ago, he didn’t check his email so his time to apply for MRT has been lapsed, is there any way to extend his visa or stay, as his visa is going to expire in next 4 days.
    Another problem is if he could not extend his stay, it is almost impossible to make travel arrangements within next four days. He does not want deportation stamp on his passport, all that he wants is little more time to look in to options available to him. If not just time to make travel arrangements.
    Regards.
    Kulwinder

    • Immigration Pty Ltd

      Kulwinder
      No there is no way to fix this.
      He can go to DIAC when his visa is about to expire and they will give him a BVE to stay for a few more days to make the travel arrangementts but that is all.
      GW

  139. Hi grant,
    My name is joel, i m from india
    I was married with a newzealand citizen girl in australia. In 2011 i had applied for visa 461, unfortunately DIAC has refused my visa application.now i m separated with her. And i have been in relationship with a australian citizen girl for 6 months. Can i give her divorce and apply a defacto visa on behalf on my current girlfriend. actualy i on mrt
    And my second question is can i sponser my family to australia on mrt

    • Immigration Pty Ltd

      Joel Your relationship in Australia will not qualify until you have been together for 12 months minimum. Also any onshore application will have a problem as you have been on a BV for too long. You would need to ,make an offshore application. GW

      On Tue, Jan 15, 2013 at 2:58 AM, Australian Immigration Blog – Grant

  140. Hi Grant,
    I am on a UK820 Partner Visa. i was about to get my PR in July however my marriage has broken down. My wife has notified DIAC however i havent received any notification yet. Please let me know what options do I have. I am currently working full time in Aus

    • Immigration Pty Ltd

      Moshin
      Well you will not be getting Pr via the 801 partner visa so I assume the only real option is to try for employment sponsorship if that’s possible.
      GW

      • Hi sir m preet !! I had applied my mrt on behalf of my 857 visa refusal ! Today I get knowledgment from mrt ! N saying we recieve ur application!! N saying plzz not tht validity of ur application has not yet been assesed ! The tribunal can only review a decision if a valid application for has been made . U will advise if it spears tht your may not be valid ! We have requested to immigration provide with us all documents and files they consider to be relavent to ur aaplication !! So can u plzz tell me wt will happen with my case becz my case officer said to me for aaply review becz I don’t have another visa at the moment !! M on bridging visa a now !! So can u plzz tell me wt will happen in my case !! Becz I have 3 or 4 friends there rsms nomination was refused in they aaply for review n there aaplication of review was made valid! Sent from my iPhone

      • Immigration Pty Ltd

        Preet Basically if you have applied to the MRT they will assess the case. If the Nomination was valid then there are no problems. In the end it is up to the MRT to decide if they have jurisdiction to look at your case. If you have friends who were in the same situation then I assume your application will also get the same treatment from the MRT GW

        On Tue, Jan 15, 2013 at 1:55 PM, Australian Immigration Blog – Grant

      • Thanks Grant,
        If i go to MRT I am assuming I will get a BVA with full working rights? Please correct me if I am wrong. Once on bridging can I apply for PR under GSM category?

        What happens when I first get the notification from DIAC.

      • Immigration Pty Ltd

        Moshin Yes you stay on the BVA the work depends on DIAC decision and your previous visa. You can lodge an EOI but you will have to depart to lodge the visa application if invited. GW

        On Tue, Jan 15, 2013 at 2:12 PM, Australian Immigration Blog – Grant

      • Thanks Grant,

        Will my visa be cancelled when I get a notificatiom from DIAC? Can I lodge an application with MRT? If I get a BVA will I have full working rights?

        And if I get a BVA can i apply for PR in GSM

      • Thanks Grant for your prompt answer..
        I was wondering that when on BVA, I depart and lodge my PR from offshore can I come back immediately.

        For getting full working rights do i need to request while submitting my application to MRT

      • Immigration Pty Ltd

        Moshin When you go to the MRT you stay on what ever BV you have now with the same visa conditions. To change these conditions you need to apply Form 1005. For Pr yes they seem to allow you to return. For TR they do not s48(3). Makes no sense to me but the lived experience seems to suggest it will be OK. GW

        On Thu, Jan 17, 2013 at 1:56 PM, Australian Immigration Blog – Grant

      • Hi, I am mech engineer and have 2 masters in management. However I work in a IT comp in Support and have 5 years of work exp. Can I get my skills assessed and from whom? and I read that they do in 1 week as well if we pay more? Not sure how authentic that is.. Please advise.
        Thanks
        Mohsin

      • Immigration Pty Ltd

        Moshin I do not do assessments on the Blog. You need to make an appointment if you want me to look at your options. It is not possible to make an assessment from the info you have provided. GW

        On Tue, Jan 22, 2013 at 4:15 PM, Australian Immigration Blog – Grant

  141. Hi Grant,

    If coming on a ETA tourist visa from Taiwan to Australia, do you have to have a return flight ticket or a ticket to leave Australia within 3 months? What if I wanted to extend my stay as a visitor or change to a student visa to study in Australia? I don’t see this as a requirement on DIAC website, but just wandering if there will be complications going past immigration at the airport at arrival.

    Thanks.

    • Immigration Pty Ltd

      Jack Yes they may ask questions if you don’t have a return ticket. GW

      On Tue, Jan 15, 2013 at 1:07 PM, Australian Immigration Blog – Grant

      • I want to come into Australia on a tourist visa and check out the country and study courses before making up my mind whether I want to change to student visa and study here, so I didn’t buy a ticket as I am unsure when I will fly return.

        Is this valid for not having a return ticket?

  142. DEAR SIR,
    HOW ARE U!ACTUALLY I APPLIED RSMS 119 VISA FROM PARAMATTA AND NOW MY CASE OFFICER HAS ASSIGNED BUT I CAN’T KNOW WHETHER MY NOMINATION HAS APPROVED OR NOT .WHEN I ASK THE CO HE SAID IT WILL UNDER ASSESSMENT SO WOULD U PLEASE TELL ME WHEN CASE OFFICER COMES HOW MUCH TIME IT WILL TAKE TO FINILISE THE DECISION .I AM BIT WORRY BECAUSE IT HAS ALREADY 2 WEEKS AND TILL NOW HE DIDN’T INFORM ME ABOUT NOMINATION AS WELL.
    THANKS REGARDS SANJAY

  143. Hi Grant,

    Firstly thank you very much for providing this service.
    I have applied for 885 visa in May 2011. Now I am on Bridging visa A. My Dauther is born in Australia. She is 2 years old and also include in my application. Due to financial condition I send her back to India for more than 1 year so her Bridging visa is cancelled.
    Now I want to apply for her visa and I want to add her again into my PR application. So please can you let me know what I do.

    Thanks.

    • Immigration Pty Ltd

      Raj
      She is still included in the application you just need to get her to Australia on any visa before they grant the visas. Generally when they are ready to grant the visa they will contact you and you can then use this contact to ask DIAC to grant a Visitor visa to allow her to return to be granted the 885 with her parents.
      GW

  144. kulwinder singh

    hi my name is gary.my student visa was refused aug 2011 .i have aplied mrt.i have a bridging e.can i travel on this visa.if not how can i travel.

    • Immigration Pty Ltd

      Gary
      You cannot travel on a BVE there is no way around this problem. If you leave you will not be able to return.
      GW

  145. I think u need to apply another Bridging visa ( a or b ) which will cost u abt 125 dollars nd gives permission to travel up to 3 monthes .

  146. Dear Grant,

    Good Morning to you!!!

    I have applied for PR in 2011 and I am on Bridging visa A and now my employer wants to sponsor me on 457 visa.

    I have been working with this employer from last 3 and half years as Cook.
    Now my main question is that Can i lodged valid 457 visa application in Australia?
    Do I have to lodged 457 paper based application or I am eligible to lodged online 457 valid visa application??

    I will wait for your reply.

    Your reply is much appreicated.

    Thanks

    Preet

    • Immigration Pty Ltd

      Preet
      You will need to depart Australia to be able to lodge the 457 visa section of this application once the Sponsorship and Nomiination are approved. You must remain offshore until the visa is granted. YOu need to get professional help to make sure this will work before you start this process. Your application should be able to be lodged online.
      GW

  147. Thanks for your prompt reply Grant.

  148. Dear Sir,
    My 485 Visa has been refused onshore because of not meeting English requirements, so I have Section 48 bar on me. Now the case is with MRT. However, recently My partner just finished her studies and received an invitation to apply for 489 Visa.

    Can I go off-shore with Bridging Visa B, lodge as dependent in her 489, return to Australia and then wait for 489 Visa grant? Will that be a valid application?

  149. Hi Grant,
    I bought my flight ticket to go back to Sydney from Singapore next Wednesday (23/01/13). Yesterday I received an email from my university saying that they have reported my early completion to DIAC (I exited a combined degree program and completed a single degree instead).

    My current student visa expiry is on 30 september 2013.
    Now I am not sure if I can still go back to Sydney with this student visa. I want to return to Sydney to lodge TR 485 as I have a found a job which will begin in Feb/March while at the same, I am also in the process of applying for a scholarship for a Postgraduate (Phd) study which will begin in July 2013.

    Should I voluntary cancel my student visa and go back to Sydney using an ETA (visitor) subclass 976, and then apply for TR 485 using the tourist’s visa. But this would mean i am not eligible to work until 3 months later when my ETA runs out then I will go on bridging visa A which will allow me to work.
    Am I right?

    What should I do?

    Many Thanks in Advance.

    • Immigration Pty Ltd

      Kit
      If your visa is still valid you can return. Lodge the 485 asap and generally nothing will happen. Don’t move to cancel your student visa unless you are contacted by DIAC. If you go into DIAC they will tell you to cancel the student visa. Just stay away and the system is so slow you will either have the 485 or be on the BVA for the 485 before anything happens.
      GW

  150. Hello Sir,
    plz help to sort out my problem, i came Australia at may 2012 on 485 visa but my husband also applied for 885 in june 2010 but my name is not in 885 and my visa going to expire in Feb and my husband does not want to consider our relation any more .Could u tell me can i stay here after Feb ? when i can get divorce from him ? what visa i can apply after Feb and if i apply for MRT and during this time i get divorce and i will marry someone , can i apply for dependant visa again or i need to wait for MRT decission ?
    can i get student visa on 4 band in ielts .Plz reply me as soon as possible thanx.

    • Immigration Pty Ltd

      Sunny
      It is not all that simple. You need to make some visa application when your 485 expires. When a visa runs out you do not get to go to the MRT. You can apply for any visa for which you are eligible. I cannot assess that from this very limited info. If you start a new relationship it will need to qualify before you can attempt to get any visa based onthat new relationship. Again difficult to speculate without actual hard info.
      GW

      • thank you to reply me ,could u tell me what kind of info you want to know?

      • Immigration Pty Ltd

        Sunny I’m not asking for info I’m saying that I cannot answer your question from the info you ahve provided. If you need an assessment of your options done then you need to get some paid professional help. I do not do assessments for visas on the Blog. GW

        On Mon, Jan 21, 2013 at 3:35 PM, Australian Immigration Blog – Grant

      • Hello sir,
        could u tell me, can i apply for student visa without ielts and ther is any other visa i can apply plz guide me sir thank you

      • Immigration Pty Ltd

        Sunny I do not advise on student applications. GW

        On Mon, Jan 21, 2013 at 3:52 PM, Australian Immigration Blog – Grant

  151. hi grant
    this is simmy . i would like to ask about offshore file. my student visa was cancelled . i applied MRT. now i am going to home country and apply 457 offshre. it is possible my visa will grant.
    thanks

    • Immigration Pty Ltd

      Simmy No cancellation = 3 year application ban onshore & offshore. You would need to win at the MRT before you can apply. GW

      On Wed, Jan 23, 2013 at 9:39 PM, Australian Immigration Blog – Grant

  152. hello sir,
    i came in australia in 2009 for student visasub class 572 i came here to study diploma of hairdressing and i was very bad on my economical condition so i had to leave my studies and had gap of 2 and half year of studies.then when my visa was about to expire i join certificate 4 of buissness and i applied my visa with that ceo of buisness certicate 4 .i applied for extension and the result came after 3 month on my yahoo but due to some inconvince of internet i couldnot get the email so i dint even knew about my visa onshore it was too late for me to submit by document so they refuse my visa and then i applied for mrt on feb last year.and curently i am not studying i am living with my boyfreiend he is australian and i was wondering if there is any chances of getting visa to stay here if i get married with citizenship holder ?and if not what can i do to stay here and when is mrt result going to come ?is there any option for me and i had my partner visa but we dint get along so well so we were not together for 3 year after i came here in australia so when i extended my visa i file my application just for me not for my partner so is there any chance i can know whats gonna happen to my partner?and can i get married with someone else or its different case?

    kind regard chandani

    • Immigration Pty Ltd

      Chandani Your situation is quite complicated and I’m not comfortable advising you without actually speaking to you first about some of these issues. You can call me if you wish or better still come to see me if you are in Sydney. You have overlapping problems here and someone needs to sort this out into some order to see what if anything is possible. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      On Thu, Jan 24, 2013 at 10:14 PM, Australian Immigration Blog – Grant

      • Hey grant I really appreciate the work you doing. I have question please help me out. I got my student visa refused in 2011 and I applied for mrt but I never continued my study . Now I got a letter from mrt for appearance is that possible that I can win a mrt if I provide them all the documents or they gonna refused it because I never continued my study.

      • Immigration Pty Ltd

        Gurjeet
        No but you will need to be enrolled and have a valid COE now or they cannot give you a positive decision. You did not have to study the whole time you were waiting.
        GW

  153. Vignesh Jayachandran

    Hi.. This is Vignesh. Its a great effort by helping thousands with this blog. Appreciation.

    This is a case of my friend who have completed masters and refused for 485 visa. He have applied MRT but he is now thinking two other options. One is doing another masters course which can get him 485 temporary resident. The question is can he do another masters course by cancelling the applied MRT application and can he get new student visa??
    OR
    His wife is applying for masters degree. The question is can he cancel the MRT visa and apply for a spouse visa.

    Thank you in advance.

    • Immigration Pty Ltd

      Vignesh
      He cannot do either of these things onshore s48 bar. May be able to get either offshore if he can meet student criteria.
      GW

  154. Grant,

    My partner is on her student visa that expires soon (march). We have been living together for 16 months. I was wondering if we will run into issues because we have been in a de facto relationship for less than 3 years? and how long before her visa expires should we have the paperwork in for partner visa?

    Thanks,
    Jenna

  155. Hi I am on student visa with condition 8534 i.e no further stay except permission to work and my visa is expiring on 30th Jan 2013, I still have to give my IELTS and have already booked the date. Just wondering can I apply for TR without my IELTS for which DIAC gives 28 days to provide IELTS as I have heard and I can write or give IELTS receipt so that they would know that I am undertaking the test. Is it possible?

    Thanks
    Naim

    • Immigration Pty Ltd

      Ozair
      No that is not correct. The test date must be before the date of application to DIAC. Then if the result does not meet the required level the application will be refused. You must take the test BEFORE you apply.
      GW

  156. my application for student visa was refuse because of expired ielts. my school did not mention it to me when i receive my COE. can i apply again? how long it will take for me to apply again? i’m from the philippines.

    • Immigration Pty Ltd

      Jhay
      You can only apply again from the Philippines. If you are there yes apply again and fix the problem. If you are here you have to depart to apply again.
      GW

  157. I thought Ihad read that Sighs section 48 an off shore visa is viwed the same as an on shore visa .I. have. bridging visa…………. (defacto. cancelled ).Have been advised to go off shore for student. visa.visa IS THIS VALID .Only just cancelled defacto so concerned Section. 48may apply

  158. hello..my visa expired on 28 of march 2012. i have not realised till lately i wantd to renew my passport, is there any chance thay they can grant me a bridging visa and my bacehlor degree visa approved? im sweating blood before i go to the office.

    thank you

    • Immigration Pty Ltd

      Pete
      You have been unlawful for a long period. You will only be granted a BVE to depart unless you were in along term realtionship and were in aposition to lodge a Partner application. If that were the case you’d get a BVC. As to the study visa no that will not happen and I’d say you will have a 3 year application ban onshore and offshore (this does not apply to partner visa applications)
      GW

  159. hi how are you got a friend who’s going to apply a BVE onshore here in australia.you think the diac approved here? she married before but unfortunately her marriend break down her partner wrote letter to migration to withdraw her visa..then the migration send her letter before give her 28 days to reply but she dont have a clue that time so she didnt reply.but she’s married now been leaving wth the guy almost 5 yrs..and they try to apply onshore?u think theres a chance..

    • Immigration Pty Ltd

      Gege
      She needs to go see someone about this. I’m not sure I understand the facts from what you say. Was married and has now been narried agin for 5 years? The timeline does not make sense to me. I assume she has no visa and is unlawful. If that is the case she must see someone who is experienced BEFORE going anywhere near DIAC.They could detain her if she goes in.
      GW

  160. Hi Grant,

    My daughter has just been refused a student visa because she did not lodge the application while she had a substantiated visa (WHV), however, she had attempted to lodge the application online but could not provide the COEG code, and called the immigration office on the day her visa was due to expire and was told it was ok, if she came in and did a paper application in a few days. It does say she can apply for an MRT, and currently has a BVC, is it possible for the BVC to be changed to a BVA allowing her to start her course at the end of February?

    Any suggestions welcome!!!
    CW

    • Immigration Pty Ltd

      Colette.
      No it is not legally possible to move from a BVC to a BVA.
      No it was not OK as you put it proceed in this way as it immediatley opens the probability of refusal as you have discovered. DIAC have very little sympathy for applicants who leave things to the last moment and then apply when they are not lawful.
      Yes she has an MRT option but this take over 2 years to be heard and she will be on the BVC all this time. Perhaps time to rethink her plans.
      GW

  161. Hi, what are the substantive visas one can apply for after having their visa cancelled for breaking a 8101 condition…??

    • Immigration Pty Ltd

      Mohammad
      There are not any that can be applied for onshore beyond a protection visa as a refugee. Many people attempt to scam the refugee system but DIAC will reject a false application lodged to buy time very quickly and the review authority RRT will do the same so unless a person is a genuine refugee. It is a pointless exercise and does not dispose DIAC to looking any possible future offshore applications so you are just closing a door to any possibility of a visa in the future. Once your visa is cancelled you have a 3 year all application ban with the exception of an offshore Partner visa application.
      GW

      • Thnk you for replying…. So basically I can’t apply for any visa onshore?? And since my visa is cancelled does that make me unlawful n how long do I have to leave?? Is ther any other way or visa I can apply for to stay?? Way about non substantive visa?? I’m still waiting for my notice…

      • Immigration Pty Ltd

        Mohammad No there is no way to apply to stay. You need to go to DIAC to negotiate how long they will give you and get a BVE to depart. GW

        On Fri, Feb 1, 2013 at 12:13 PM, Australian Immigration Blog – Grant

      • Hi there, question, my CO requested some additional info which I sent back on 23rd jan 2013 and haven’t heard anything back after that. I know immi website says once you submitted the requested documents you hear back from the CO within a days. Should I just wait or ring my CO to find out the situation? Thanks GW.

      • Immigration Pty Ltd

        Ranjit Yes you just wait like everyone else I’m afraid. COs don’t get back to you usually until the time you were given to respond (usually 28 days) ends. GW

        On Fri, Feb 1, 2013 at 1:08 PM, Australian Immigration Blog – Grant

  162. Hi Grant,
    My 820UK partner Visa has been cancelled and I am planning to apply for visa subclass 190 for marketing Specialist. This occupation is on SOL2 and also not on NSW nominated occupation list. is there anyway out that I can still live in Sydney and not go to other state.
    190 says that we can live anywhere we want which I doubt is incorrect. Is this a loophole in the system or I am missing something here.
    Also how often is the NSW occupation list updated and can I wait for Marketing Specialist to feature in there.
    Please let me know your expert advise.
    Thanks
    Ian

    • Immigration Pty Ltd

      Ian
      No loopholes if you get a state to sponsor you get to go there.
      NSW has no set times its when they feel like it.
      GW

      • Thanks Grant but if you see the features mentioned for 190 on SKILLSET it clearly says “Stay anywhere in Australia”
        If we take state sposnored does the visa label show which state we have to live in. What will happen if we dont live in that state.
        Also since I am residing in NSW will other state sponsor me.
        Please help

      • Immigration Pty Ltd

        Ian You need to look at each State as they all have slightly different rules, requirements and occupations lists that they see as in demand in their area. When you agree to a State yes you must go there and yes if you don’t DIAC can unwind your PR. The anywhere just means all of Aust but the actual sponsorship is state specific otherwise what would be the point? GW

        On Sat, Feb 2, 2013 at 6:13 PM, Australian Immigration Blog – Grant

  163. hi grant
    how you going? you doing great work. just have few questions . my student visa got refused in 2011 because diac said that i didn’t respond to further documents. i had all the documents ready that time i was waiting for diac email which i never got so they refused my visa. i applied for mrt and now i got a letter for appearence and they requested my all the qualifications achievements in australia, current ceo, funds documents and medical papers. just a question is which course should i enrolled in now, i completed diploma of automotive management and i enrolled in diploma of bussiness management to get new visa but i never continued it because they refused my visa. can i take the same course again or not.

    • Immigration Pty Ltd

      Gurjeet Yes take the same course. GW

      On Sun, Feb 3, 2013 at 10:34 PM, Australian Immigration Blog – Grant

      • Thanks for your reply grant. Are they gonna ask me why I didn’t continue my study?

      • Immigration Pty Ltd

        Gurjeet Maybe but the answer is that the MRT wait was so long and you didn’t have a student visa and now you are reenrolled and ready to study if you can have the studnt visa. GW

        On Mon, Feb 4, 2013 at 11:09 AM, Australian Immigration Blog – Grant

  164. Hi Grant,

    Just want to ask wat are the mandatory requirments to make a valid visa application. is that all in section 46 of the Act and schn 1 or the Regulations?

    • Immigration Pty Ltd

      M
      Odd question. What is the point of this question?
      GW

      • I want to know because want to apply for a visa and my friend said there are requriments in the legeslation tha have to be met and going through the legeslation about making a valid visa i realised I have to meet sch 1 requirments and section 46…. so I wanted to know what is the ‘mandatory’ requriements?
        Thanx Grant

      • Immigration Pty Ltd

        M You do not need to look in this sort of detail if you are in fact a visa applicant. Sounds like you are trying to answer a question in a course and I cannot do that for you! If you are an applicant for what visa? There is comprehensive info on the DIAC website about every visa available and what the criteria are and how to apply. I have never (in more than 15 years) seen an applicant who has asked a question in this way. GW

        On Tue, Feb 5, 2013 at 10:56 PM, Australian Immigration Blog – Grant

      • Thnx Grant,

        actually my friend is a student and he told me these things and I did some reaserch and went through it…. thats how i came up with these questions becuase its really hard to understand… I want to apply for a protections visa I was on a 676 visa..
        Thnx

      • Immigration Pty Ltd

        M Are you a refugee? From where? GW

        On Wed, Feb 6, 2013 at 2:25 PM, Australian Immigration Blog – Grant

      • Yes from Thialand

      • Immigration Pty Ltd

        M I have not seen many refugee visas granted to Thai nationals. GW

        On Wed, Feb 6, 2013 at 3:50 PM, Australian Immigration Blog – Grant

      • so do you means I cant apply for protection?

      • Immigration Pty Ltd

        M You can apply but to have any hope of success you have to be able to show that you have suffered persecution that meets the UN definition of same. Have you researched this? It cannot be some personal or family or even civil problem. See: http://www.immi.gov.au/visas/humanitarian/onshore/ GW

        On Wed, Feb 6, 2013 at 5:20 PM, Australian Immigration Blog – Grant

  165. Hi Grant,
    Just following from above query, my MRT was unsuccessful and I will be going overseas to apply for PR as a dependant as my wife is a PR here. I was wondering will I have to wait for 3 years before I can make an application? Thank you for your help.

    • Immigration Pty Ltd

      Abhisek The answer will depend on the reason for your visa refusal. You have not disclosed this so I don’t know. Just a normal refusal for not meeting a criterion will not attract any application ban but the provision of false or misleading info can. However partner applications are not subject to bans of this type. GW

      On Mon, Feb 4, 2013 at 4:01 PM, Australian Immigration Blog – Grant

      • Hi Grant…Thank you fot replying…It was rejected for not submitting dkoll assessment..So hopefully 3 year resstrictions won’t apply.
        Thank you

      • Immigration Pty Ltd

        Abhisek No they will not GW

        On Mon, Feb 4, 2013 at 10:21 PM, Australian Immigration Blog – Grant

      • Hi Grant..Thank you..it was rejected for not submitting skill assessment.so hopefully the 3 year won’t apply.
        Thank you….. Abhisek

  166. Hi Grant,
    Im very thankful to see your site, I have a few questions..
    First I am a Filipina and my partner is KIWI and currently living in Australia for more than 5years, not an Eligible NZ citizen nor PR, my question is If I am holding a subclass 676 and get marry in Australia with him then we will apply for subclass 461 is it possible? he is my BF nearly 3 years ago, i also visited australia twice and now we want to be together.. If ever that we waive 8503 to apply other visa and it was refuse, does it affect my future application outside australia?i hope that you can give me an advice with my problem.. thank you…

    • Immigration Pty Ltd

      Marie
      I do nt think you will be granted an 8503 waiver.
      Yes the 461 is the visa to apply for but you must be able to prove you have a genuine relationship. Yes you can marry but if your visa has 8503 you will need to apply offshore. No a failed waiver request will not affect future applications.
      GW

  167. me and my mife not leaving together but we are waiting for pr what can i do

  168. Hi Grant,
    Thanks for the reply, actually we already lodged a PMV last October but it didnt work so we withdrawn it, coz he was not an eligible NZ citizen, yes our relationship is genuine and we love each other not for the sake of visa. Is there anyway like applying bridging visa for example? coz 461 is the only option we can get.. so we ca be together without departing Australia? Thanks for the information, I really appreciate it..

    Best Regards,

    Marie

    • Immigration Pty Ltd

      Marie No the 8503 will force you to lodge the 461 offshore. GW

      On Tue, Feb 5, 2013 at 10:21 AM, Australian Immigration Blog – Grant

      • I worked more than 20 hrs on mrt. Is that gonna be problem if they ask me and I tell them

      • Immigration Pty Ltd

        Gurjeet I doubt it but I’m not the MRT and work was not the issue in your refusal was it? GW

        On Tue, Feb 5, 2013 at 4:34 PM, Australian Immigration Blog – Grant

      • There wasn’t any work issue. I got refused because I didn’t respond to further documents email.

      • Immigration Pty Ltd

        Gurjeet That is exactly my point. So why would they ask? They can however ask about anything they see as relevant. GW

        On Tue, Feb 5, 2013 at 6:36 PM, Australian Immigration Blog – Grant

      • Hi Grant! thanks for the reply.. I have another questions, I just withdraw my PM application, does it affect my future application for example I will apply subclass 676 on April ? then will get marry in Australia and going back in the Phils. after 1 month. Is it possible to apply a 461 visa as soon as I arrive in the Philippines? Is the immigration will advice me to wait til my visa expires?
        Thank you for your help

        Regards,
        Marie

      • Immigration Pty Ltd

        Marie Given this visa history I doubt you will get a Tourist visa. You need to have the withdrawal notification letter before you apply for the 461. GW

        On Fri, Feb 8, 2013 at 1:07 PM, Australian Immigration Blog – Grant

      • Hi Grant,
        Yes I receive notification from the immigration when I sent them an email that I want to withdraw my application.. They sent me a confirmation of withdrawal of my application.. thanks!

  169. Hello Grant,
    my apologies here if you have received this question again, I’m afraid I sent it with the wrong email, my apologies if wasting your time, don’t mean to Grant. However just in-case you didn’t receive – it here it is again.

    Grant, I am sure that your seat next to the Saints is assured for this blog, its so very much appreciated indeed and for people like me a God send so thank you for it.
    Grant I have a worry that just wont go away and has prevented me from applying for a partner visa because of it. I am at the moment on a 12 month tourist visa (max stay 3 months each stint). I arrived in Oz in June and been to NZ twice to make sure I’m legal. My problem is this the Character reference….A year and half ago whilst in Vancouver I bought a gram of marijuana, and kept it. It was every where on the streets and the police didn’t seem to give a bother who was peddling it, so it seemed legal to do so (I don’t even smoke so why did I buy it…God knows, drunk and stupid!). I had it in my bag for 2 weeks and was going to try it out for fun when camping in Oregon. I have never done it before nor has my fiance. When we went to cross from Canada to the US we where asked “do you have any drugs” etc. I told them about the gram in the back pact which they found and we where offered an opportunity to withdraw our application to enter the US. We where given a “application for admission withdrawal” stamped into the back of our passports. I had no idea that it was illegal for such a small amount…how stupid!! We had our finger prints taken and told to apply for a visa in Canada if we wanted to go back. The border officers informed us that it was a small matter and we would have no problem getting a visa to reenter. We both have now new passports and therefore no proof of the stamps, however I have already written a statement regarding this stupid event because i had to check a box on the application form asking a question which related to this.

    My Question Grant please is this…Will this prevent my application from being processed or being successful Grant. I could have put my application in months ago and am so frightened and ashamed of this it hurts, as is my fiance who is an Australian citizen.

    I also have one more brief question Grant. I am also ex service (Royal Navy). I left nearly 33 years ago and don’t have my service docs and don’t know where to get a copy from. Will they also need these even though such a time has past?

    Thank you Grant for any advice here, Its taken a long time to ask about this, I have such a feeling of constant guilt you cant imagine,

    best of regards and thank you Grant

    Forrester

    • Hello again Grant,
      really appreciated the advice you gave the other day and have been trying to find out about how to secure a copy of my service docs since. I have been told however Grant that it may take some time to find these and get them sent over. My question Grant is this:
      can I send off my application without the marriage certificate included but inform DIAC of the situation regarding the time it will take to hunt them out and recieve them in a cover letter.?
      Also (and this is the very last question Grant) I have been divorced and have a certified copy of the divorce papers, but do not have a copy of my marriage certificate. That will be easier to get but it may not arrive in time as my applicatioon needs to be off in three weeks. My question here is the same:
      Can I explain that its in the post because it will be by then.
      Lord knows how that fact of needing a marriage certificate past me bye, even though I have my divorce papers. Arrogance I suppose (why would you need a marriage certificate if you have divorce papers),…life is always in the small print:)
      Grant thank you so very much for this advice, both me and my fiance really think your a star for doing this for everyone. Thank you so much and take care :)
      Forrester

      • Immigration Pty Ltd

        Forrester Yes you can do that. You don’t need the marriage cert if you have the divorce cert. GW

        On Sat, Feb 9, 2013 at 11:22 AM, Australian Immigration Blog – Grant

      • Thank you very much Grant, Im going to pop some pennies in a charity box for all this help, youve helped me now someone else will benefit. Thank you very much once again and have a good weekened to you and yours
        Forrester

  170. Hi grant i m on mrt and i also have bridging visa b 020 can i apply for protection visa

    • Immigration Pty Ltd

      Ali
      Yes if you are actually a refugee and meet the UN Convention definition. If not all that will happen is you will get a swift refusal.
      GW

  171. Thankz grant m very thankfull to u yes i m 200% refugee and meet the un convention definition ….

  172. Hello, i am on currently 485 graduate visa and my wife she is subsquent visa holder of mypngraduate visa. And she finished her bachelor of nursing 9 months before during that time she was not able to get required score of oet. Now she has that oet score. So, my quesion is, is she able to apply for pr after 9 months and holder of subsquent visa holder of 485. thank you. waiting for ur reply.

    • Immigration Pty Ltd

      Kris
      Can she apply for PR? I cannot assess this from the information you have provided. She can apply if she meets all the visa criteria. I do not do application assessments on the Blog so go and get someone to look at the situation face to face. The answer is not as simple as you are thinking.
      GW

  173. Hi grant
    i am confused to heard about state sponcership. can u tell me state sponsership open for chief these days

  174. Hi grant this is prabh here.me and my husband applied in MRT in may 2011.one nomination was refused for442.i studied here in disability course for two years.MRT is i think very close to open.last year in november 2012 i have left my husband for some reasons.he is dependant on me.he is secondry applicant for MRT and i am principal applicant .i gave him an AVO .he was not charged by the police as well.now i have applied offshore student visa and come back in australia.i am going to study in 573 in nursing.the problem is my husband got some evidences that i worked more than 20 hours and breached my working conditions while i was on student visa.he got my many time sheets and roasters and send it to department of immigration to take revenge.i already applied for offshore student visa.m worrying that what will be happened? will they cancel my visa ? will they refused my student visa?will they consider his complaint and cancel my visa? if i get my visa grant and immigration finished their investigation ,can they cancel my visa after grant? will they take this complaint in to my account? if my visa cancel then my husband’s visa will be cancelled or he is on seperate visa? because we been seperated for three months.my husband submitted this complaint two weeks ago….how long immigration department takes for decision of this kind of complaint.what are the consequances ? i have already paid 6 months fees to university.please advice me.i am telling you true that i have breached the working conditions while i was studying …..i was working morethan 60 hours per fortnight.i was working as a personal carer. can immigration have sympathy on me that i was working as a carer…….sorry for long writing but m in trouble……if they cancel my visa then what happens to my mRT application please advice me grant……god bless you

    • Immigration Pty Ltd

      Prahb
      Too many questions!
      Yes DIAC will take the complaint he has lodged seriously and it will be considered when assessing your visa. No he is not on a sepsarte visa unless he has made some other application. I think they will not grant you a student visa if in fact he has sent this stuff to them. However many people tell lies nad he may just be saying this to upset you as he will be cancelling his own visa as well. Is he that silly?
      GW

      • hi grant thanks for reply……m worrying for one thing that i have applied streamline 573 visa it’s been more than 3 weeks and as i told you that my husband already submiited complaint to immigration for my working visa breached………..how long immigration will take process for my student visa for 573 streamline? and my husband did complaint to immigration for one month……..whenever i check my vevo its showing same last bridging visa B when i went to overseas last month……..will immigration notify me if they investigate my working hours and cancel my visa and will they call me for explanations?if i grant my student visa then will my visa status will change on veveo immi??? please advice thanks grant

      • Immigration Pty Ltd

        Prahb No they will not notify you and all you can do is wait. I would not be too hopeful in the circumstances. You will just get a decision I would think unless they ask you to commebnt on adverse information received. GW

        On Sat, Feb 23, 2013 at 7:34 PM, Australian Immigration Blog – Grant

  175. Hi, Grant
    U’ve got a really helpful blog.
    I m on my 485 temporary visa at the moment.
    I’m just waiting to get 25 and apply my PR.
    I’ve got a bf who overstayed after his student visa got cancelled and stayed almost more than 2 years. Do u think he will get any chance to stay if i marry him after i get my PR.
    We’ve been in relation now for three years.
    Some advice pls.

    • Immigration Pty Ltd

      Roxy
      Yes it may be possible after you get PR as you have been in a long term realtionship.
      GW

      • Thanks for ur reply sir.
        what possible documents could b needed as a proof?
        thank u.

      • Immigration Pty Ltd

        Roxy You need to prove you have a genuine relationship that meets DIAC relationship definition. Have a look at my posy on documents for a Partner application as you will need to provide the basics outlined here. I don’t write lists for people individually – not possible given limits to my time. GW

        On Mon, Feb 11, 2013 at 10:44 PM, Australian Immigration Blog – Grant

  176. HI GRANT ,
    THANK YOU FOR YOUR VALUABLE HELP .
    MY NAME IS IBRA . I AM A DOCTOR WHO HAS BEEN ACCEPTED TO WORK AT ROYAL CHILDR’S HOSPITAL BRISBANE FOR POST GRADUTE TRAINING IN MEDICINE . I NEED TO APPLY FOR 402 OCCUPATIONAL TRAINEE VISA WHICH WILL TAKE FEW WEEKS TO BE APPROVED , I AM CURRENTLY OFFSHORE . CAN I APPLY FOR MY 402 OFFSHORE , MEANWHILE I TRAVEL TO BRISBANE USING TOURIST VISA 676 “ALREADY GRANTED ONE | OR I TRAVEL TO AUSTRALIA USING 676 THAN AFTER ARRIVING I APPLY INSHORE FOR .THE 402 VISA .
    WILL OFFSHORE APPLICATION TAKE SHORTER TIME THAN THE ONSHORE ONE .

  177. IF I TRAVEL TO AUSTRALIA USING MY 676 VISA (WILL NOT START MY WORK TILL 402 IS GRANTED ), WILL I NEED TO EXIT AUSTRALIA ONCE 402 IS GRANTED TO ENTER AGAIN .

  178. Hi Grant ,

    Just to make things more clear . I am currently holding a toursit visa 676 . I have been accepted to contiue my postgradute study in medicine . For this i need to apply for 402 visa subclass . Can i apply for this visa offshore , and while waiting for 402 to be granted ,i travel to australia using my 676 visa not for work purposes but to find a flat and settle down before starting my work ? If the 402 is approved , this will cancel the 676 so do i need to exit austraila in order to re enter again using 402 or i can contiue my stay and comece my work ?

    • Immigration Pty Ltd

      Ibra
      You can apply onshore or offshore.
      If you apply offshore you can be in Aust when the visa is granted. If you want to apply onshore you just need to check first that the 676 visa does not have condition 8503 No Further Stay which would prevent an onshore application. Or 8534 /8535.
      Which is faster? No way to tell.
      GW

  179. Thank you Grant .

    If I apply for my 402 while offshore .

    While in process I fly to Australia using my 676 visa (no 8503 )
    Once the 402 is granted while am in Austraila , do i need to exit the country to re enter again using the 402

    • Immigration Pty Ltd

      Ibra No GW

      On Thu, Feb 14, 2013 at 1:14 AM, Australian Immigration Blog – Grant

      • Dear Grant,

        I’m having the same situation as Ibra, except that I have an ETA. My 402 visa is still in process(applied offshore). Should the 402 visa approved, does that mean the ETA visa will automatically be cancelled and replaced with 402? Do i need to inform the immigration that I’m entering Australia with ETA while waiting for 402 to be approved?

        Note: The visa condition stated on my ETA slip is “NO WORK – BUSINESS VISITOR ACTIVITY ONLY.”

      • Immigration Pty Ltd

        Liza
        No idea about Ibra I get hundreds of questions each week so the reference is ???
        Yes when you get one visa it replaces the visa you currently hold.
        No they already know that.
        GW

  180. Hi Grant, I am currently trying to get a bridging visa for my partner, she has out stayed her welcome and I’m trying to sort it out, her visa expired about 18 months ago, she does not have her original passport or documents with visa info on it at her time of entry to Australia. She originally had a 6 month student visa, then had it extended by another 2 years. What would be the best way for us to find out if she had a 8503 placed on her visa withstanding the fact her new passport has no visa info on it and VEVO searches are for current visa holders, any advice would be great!
    Regards mike….

    • Immigration Pty Ltd

      Mike VEVO will work if you ahve her old passport number to put in but it will just say she has no visa and is unlawful so I don’t see the point in looking. There are only two ways for her to getr a BV. Lodge a valid application and she will get a BVC until DIAC process the application or agree to depart and she will be given a BVE to allow her to depart legally. You cannot just get a BV of any sort to let her stay. She is unlawful and if found can be immediately detained and removed. If you are thinking of lodging a Partner application I’d suggest you get some solid advice before going anywhere near a DIAC office.
      GW

  181. I was wondering if you could advise me

    I’m on a student visa and my 15 year old brother wants to come love with me, is this possible. If so how?

  182. Hi ,
    my Student visa 573 re-newal is rejected as i failed to satisfy clause 573.211(3)(d) 4020 regarding fail to renew student visa expring for 10days.Then my case is in MRT. Unfortunately i get refusal from MRT as well due to the decision not to granted visa has been made by DIMIA previously. can i go for any further appeal or is there anything i can do? I am finishing my study by end of feb 2013 but would like to stay for other study/work. Please advice as soon as possible
    thanks

  183. Hi Grant
    my name is nav
    i have seen you giving people good advices
    Well my problem is , when i lodge my TR 485 visa i submitted my ielts late but before i got my application open, but still diac refused it and the reason was documents delayed that is the only reason , now i have applied for mrt in nov 2012, and i have finshed my studies and my student visa expires on 15 march 2013.
    I also have employer to sponser me for rsms visa
    my solicitior told me that i will get mrt open in two weeks time , so if i get negative response brfore 15 march will i b able to apply for student visa or not. please helpe in that i am so stressed.
    cheers
    nav

  184. Hi,
    I know that RSMS non decision ready application takes up to 9months for last year applicants, but how long does it take if i apply non decision ready now?
    thanks

    • Immigration Pty Ltd

      Irene It’s all the same queue so possibly that long as well. Can’t say as it depends on the number of applications they get against the number they can process in the same time period. So it could be faster or slower. GW

      On Thu, Feb 14, 2013 at 10:18 PM, Australian Immigration Blog – Grant

  185. I want to apply rsms and I have student visa my hospatility study finish and I am doing advance and I extend visa and now I want to rsma is it possible i can have 2 onshore visa same plz reply

    • Immigration Pty Ltd

      Manjit
      Once you get your new studnet visa you may be able to apply for RSMS if you can meet all the requirements. You should not apply while you are waiting on a BV fro a new Student visa. So no it is not possible to do this successfully.
      GW

      • But my friend got rejection and case officer said you can’t apply rsms while u still have student visa rsms requirement is only people apply who has full time is it correct

      • Immigration Pty Ltd

        Manjit Who has full time what? GW

        On Fri, Feb 15, 2013 at 2:01 PM, Australian Immigration Blog – Grant

      • I mean to say applicant has full time work right student has only 20 hours work right

      • Immigration Pty Ltd

        Manjit So the answer to the previous question is no it is not correct. You can apply for RSMS if you meet the RSMS criteria this has nothing to do with having a visa with full work rights. Just rubbish. GW

        On Fri, Feb 15, 2013 at 2:58 PM, Australian Immigration Blog – Grant

      • But recently my friend got rejection from case officer and she said to aus law u cannt hold two onshore file at a time bec he was studying and applied rsms same time after six month his file open and case officer reject the file she mentioned that same reason

      • Immigration Pty Ltd

        Manjit Your are misunderstanding (or he is) what he was told. I’m not really sure what the person told him but he’s got it wrong somehow. Sorry. GW

        On Fri, Feb 15, 2013 at 4:41 PM, Australian Immigration Blog – Grant

  186. and the more documents prepared and submitted, the more possibility getting PR quicker?
    I will submit all documents except the police check from my country so can i expect that it wont take like 9months for my visa to be granted?

    • just add detail:
      my police check will arrive 2weeks after my visa is expiried, so I can apply non decision ready and prepare all the documents within 2weeks after lodgement.
      thanks

    • Immigration Pty Ltd

      Irene Obviously if the application is complete it will be processed faster once they start on it. GW

      On Thu, Feb 14, 2013 at 11:35 PM, Australian Immigration Blog – Grant

  187. Hi Nathan , I overstayed my student visa for 6 years and I have a long term partner (5 years) who is Australian citizen and we just got married. I want to apply 820 onshore, should get a bridging E first ?? and should I apply for waiving of schedule 3 requirement after I got the bridging so that they will accept my application for 820, thanks lot

    • Immigration Pty Ltd

      Dakota
      The first thing you should do is get immediate professional help. Do not go to DIAC. Do not go in and ask for a BVE. You should apply form your current position as an unlawful non citizen. From what you say the Sch3 waiver will be possible but someone needs to check your entire visa and relationship history out before you do anything as it is not as simple as you are thinking.
      Grant

  188. Hi Grant

    I’m currently on a student visa which expires on the 15th of March 2013. I’m planning to apply for a Subclass 485 visa however the course that I have done here does not fall under any of the skills that have been given in the Skills Occupation List. Is there anyway that I can still apply for the 485 visa and get a bridging visa for now? The course I did was Master of Biotechnology. Also can you suggest any other way I can stay in the country. I don’t have a job where I can get sponsored either. Hence 485 visa is my only hope. Your help will be greatly appreciated!

    Thanks

    • Immigration Pty Ltd

      Nee
      You can only apply if your nominated occupation is on the SOL. You would need employment sponsorship to stay.
      GW

  189. Hi Grant, my wife family and I have been in Melbourne since May 2011 on a long stay 457. My wife’s contract had just been cancelled after 2 years due to a shortage of births at her hospital and as she is currently on a return to work program due to a work related injury so there is not much prospect of her obtaining a job anywhere else. My company ( I have worked here for 20 months) are willing to try and sponsor me to stay in Australia even though I don’t have a degree! Can you advise which route they should go down? I have 20 years experience in my field but as I said, no degree, only vocational qualifications.
    John

    • Immigration Pty Ltd

      John
      For some occupations work experience can ber a substitute for a formal qualification.
      What is your occupation.
      GW

  190. Hi grant thanks for reply,
    Well if i get CoE from institute and keep it and if in case mrt result come negative will i be bale to extend my student visa will i be safe to lodge onshore file while i am in australia because some institute start batches in march.
    or if in case it comes positive and i get my TR visa back , will ii be able to cancel the CoE with institute .
    cheers
    nav

    • Hi it’s Mann I just to want know that I applied rsms 2011 dec and oct 2012I case officer allocate on my file and he 28 nov he issued my nomination but after that I have nt got pr visa grantation yet now almost 3 month and after that talk to my case officer in jan 15 and he said I have nt made decision yet I am busy and few day later same officer pick other 4 file as well same restaurant and he said he only give 3 candidates pr according to the business as my employer I am bit worry as he give me nomnation all ready do I need to worry plz reply and I suppose to do

      • Immigration Pty Ltd

        Manjit
        How can yo expect me to know that – sounds like someone is going to miss out and that will be a DIAC decision. ASking the same question 3 times is not helpful!
        GW

    • Immigration Pty Ltd

      Nav No you cannot apply onshore if your are at the MRT. What you can doe with the COE will be iup tothe college but if you get TR it won’t matter GW

      On Sun, Feb 17, 2013 at 7:45 PM, Australian Immigration Blog – Grant

  191. Hi grant, how long it takes to get BVC ? Thx

    • Immigration Pty Ltd

      Raj
      What application have you made and why are you expecting to get a BVC?
      GW

      • I was on student visa till sep 2013 but I applied rsms 857 in June 2012 and now my student visa cancelled in feb 2013 and someone suggest me to apply BVC

      • Immigration Pty Ltd

        Raj You cannot apply for a BVC and DIAC cannot give you a BVC. You can apply for a BVE to allow you to remain lawfully until the 857 is processed and as you are unlawful you should do this asap. GW

        On Mon, Feb 18, 2013 at 7:49 PM, Australian Immigration Blog – Grant

  192. I am currently on my Partner’s PR visa, however I am only temporary on it. Things aren’t really working out very well for us and I think it may be time I make my own visa arrangements. I am in Regional WA – so I may have options for a RSMS or State Sponsorship, dependant on my employer etc. If I put in an application for one of these, would I get a Bridging Visa or do these apply for these Visa types?

    Thanks,

    Layla

    • Immigration Pty Ltd

      Layla
      I do not undersatnd how you can be on a PR visa and temporary on it. Can’t be both. What do you mean? DO you mean you have been included as a secondary applicant on some application? If so what?
      GW

      • Sorry Grant, I meant my partner already has his PR and he sponsored me. I was only given a temporary visa, with the opportunity for Immigration to access it after 2 years, and make it permanent. That was only a year ago though. My current employer was taking about the possibility of State or RSMS visas. I wasn’t sure if lodging one of these applications would put me on a bridging visa straight away.

        Thank you,

        Layla

      • Immigration Pty Ltd

        Layla If you apply for RSMS you would stay on the TR partner 820 until it is processed. Any onshore application will result in a BVA grant when you hold another visa when you apply but the BVA sits behind the current visa till it expires. GW

        On Wed, Feb 20, 2013 at 9:56 PM, Australian Immigration Blog – Grant

  193. Hi GW,
    i am PR and my girlfriend is an international student. we got married in Australia and lodged partner visa 820/801 in december 2012. her current student visa expires on august 2013. She applied for leave of absence and has been approved for this semester.does this mean she does not have to study this semester, and- what will happen after august ?

    regards,
    Rakesh

    • Immigration Pty Ltd

      Rakesh
      With leave approved in writing she does not have to study as they will not report her to DIAC for her absence but she should return to study when the leave expires and until the BVA begins when her student visa expires.
      GW

      • Thanks Grant,
        Her student center told her that since she is an international student her approved leave of absence will be informed to DIAC- does this mean she’ll have to leave the country until July- what are our other options. kindly guide .

        Rakesh

      • Immigration Pty Ltd

        Rakesh The problem is that she has a student visa and it has study conditions and attendance conditions etc… just because the education provider gives her leave they cannot override the DIAC visa conditions. Normally DIAC do not want people with student visas not studying for more than 2 months. Unless there are really good reasions for the leave DIAC can move to cancel her student visa. If nothing happens she just needs to resume study when the leave is over up until her BVA begins as I told you before. GW

        On Sun, Mar 3, 2013 at 2:49 PM, Australian Immigration Blog – Grant

  194. Hi grant. I note that in your blog you say ” It is also possible to apply once your visa has expired if you do so within 28 days of the visa expiry (not a great idea as there are major potential disadvantages) and even if you have overstayed for more than 28 days there are options in certain circumstances.” What are these disadvantages? I thought anyone could apply for another visa 28 days after your visa expires, seems like I am wrong. Can you explain the disadvantages and why you cant apply. Thank you. .

    • Immigration Pty Ltd

      Jharsorn Yes you are wrong. This is not a get out od jail card for 28 days. You want too much info here I’m sorry it is quite detailed and complicated. I suggest you seek some professional advice to get this sorted . Not possible via Blog I just don’t have that much free time. GW

      On Wed, Feb 20, 2013 at 3:16 PM, Australian Immigration Blog – Grant

  195. Hi there me and my boyfriend wish to return to Australia. We where both where on whv for 2years. We wish to return to Oz as my sister lives there. Is it possible to return on a tourist visa, whilst there apply for a student visa and then for my boyfriend to come on my visa as de facto visa.

    We have lived with each other for 2years and have proof of this ie bank acc bills etc

  196. Hello Grant,
    I am on 485 and I have lodged my 885 in June,2010 and still waiting for it. However, my IELTS result that I still need to submit before DIAC open my file. My question is, Can I lodge MRT (just in case if I don’t get my ielts result, to get more time) and Student Visa at a same time?

    Thank you in advance for your assistance.

  197. Hi Grant,
    My wife had sent an email to DIAC fr withdrawing the sponsorship back in Dec. I havent yet received any notification from them. Checked on VEVO and its okay there.
    What should I do

    • Immigration Pty Ltd

      Ian Does DIAC know your current address? If not tell them 929 form to Partner section and you just wait they will eventually contact you in writing I would think. GW

      On Fri, Feb 22, 2013 at 8:28 AM, Australian Immigration Blog – Grant

      • Thanks Grant,
        They do know my address.
        Is the status on VEVO correct?
        Do we get just a hard copy of the notification or they do send us an email.
        Cheers,
        ian

      • Immigration Pty Ltd

        Ian That’s good. Yes Depends how you asked to be contacted last time you applied. GW

        On Wed, Feb 27, 2013 at 7:39 AM, Australian Immigration Blog – Grant

      • Hi Grant.

        Thank you for your previous reply. I had one more question. If I end up doing this graduate diploma would I be able to apply directly for a permanent residency? Or do I have to apply for a graduate visa and then apply for a permanent residency? Would I be able to get a PR if I have enough points?

        Thank you.

      • Immigration Pty Ltd

        Nee Secondary Teacher is on the CSOL Schedule 1 so yu could apply direct for PR if you can pass the points test via Skill Select. GW

        On Wed, Feb 27, 2013 at 10:33 PM, Australian Immigration Blog – Grant

      • ian.thomas@y7mail.com

        Hi Grant,
        I have received the letter from DIAC and they have given 28 days to reply.
        If they cancel my visa and I go to MRT how much waiting time I am looking at for the decision.
        I also want to know which bridging visa will I get or will they continue my 820 till a decision is made by MRT. The reason I am asking is that I am planning to apply for Business Analyst which is currently closed till July 2013. So I have applied for assessment under Analyst programmer. If I have 48s I will have to go offshore and apply and wait till I get my PR. I will lose my job and then will have to start again.
        Is there any way that I need not have to depart.
        If you can please advice.

      • Immigration Pty Ltd

        Ian
        So you are on a 820 partner and I assume the relationship has ceased and DIAC has written to you asking for comment?
        I guess the normal action here is that they will cancel your visa and ask you to depart.
        If you appeal this decision and given then circumstances outlined you cannot win at the MRT it may take up to 2 years but the MRT have been fast tracking cases where there is no prospect that the applicant can win so you do need to bear this in mind.
        Once your visa is cancelled you would need to apply for a BVE to remain while an MRT case was considered.
        GW

  198. Hi Grant,

    I have spent last 2 years in Australia on Working Holiday visas. Currently I’m offshore. As one employer I worked for during my working holiday wants to sponsor me, I’m planning to apply for 457 visa. My question is that is it legal to come to Australia on eVisitor (651) and then apply for 457 visa onshore? I would rather spend this waiting period in Australia than in cold Europe. In case I won’t be granted a 457 visa, I would leave the country.

    Thank you in advance,
    Regards,

    • Immigration Pty Ltd

      Martin Yes you can apply this way but just make sure your visitor visa does not have the condition 8503 which will prevent an onshore application.
      GW

  199. hi grant thanks for reply……m worrying for one thing that i have applied streamline 573 visa it’s been more than 3 weeks and as i told you that my husband already submiited complaint to immigration for my working visa breached………..how long immigration will take process for my student visa for 573 streamline? and my husband did complaint to immigration for one month……..whenever i check my vevo its showing same last bridging visa B when i went to overseas last month……..will immigration notify me if they investigate my working hours and cancel my visa and will they call me for explanations?if i grant my student visa then will my visa status will change on veveo immi??? please advice thanks grant

    • hi grant i am worrying about my visa application….i have applied for 53 higher education…..i applioed ofshore …..its been more than one month for my student visa application streamline…..how long it takes ? m worrying that my husband already complaint about my visa breach …..is that the reason that my desicion is late for my visa application? i have already paid semester fees $12000 and attending uni…..if in case my student visa refuse then will university refund my semester fees? i am attending the classes n waiting for my desicion for streamline 573….is it too ong that i applied in jan 23rd and still no response….please advice thankyou grant

      • Immigration Pty Ltd

        Prabh Why don’t you go into DIAC and ask what is happening. Visas can often take longer than this. Not sure the uni will give you all the fees back as you have commenced study. That decision is up to them. It must be in the small print of something you signed to get into the course. GW

        On Wed, Mar 6, 2013 at 11:23 AM, Australian Immigration Blog – Grant

      • Hi Grant

        As my current student visa is ending soon I decided to do another course in Graduate Diploma of Secondary Education. I was accepted into the program and received my COE. I applied for my student visa two days back after I received the confirmation. My current student visa is going to end on the 15th of March. Since my course has already started would I be able to attend the classes or is it necessary for me to get the student visa approval before I do so? Would I be going on a bridging visa after my current student visa ends? I would greatly appreciate your advice.

        Thank you!

      • Immigration Pty Ltd

        Nee Yes you can attend classes and yes you will go onto a BVA until the new student visa is granted. GW

        On Wed, Mar 6, 2013 at 9:21 PM, Australian Immigration Blog – Grant

      • thanks Grant …..one more question is as i can check my visa status on vevo which is showing my current status that last month i had bridging visa B for travel to overseas. if i grant my student visa then will this status changed on vevo or this will be remaining like that and i will have another status for my student visa grant? will immigration ask me to withdraw my MRT if i gets student visa or i can leave it like that? because everyday i check my visa status on vevo which is same …….just confused,and what will happen to my ex husband’s visa if i grant my student visa and withdraw MRT as he is secondary applicant in MRT,but i did not include his name in my student visa. thanks grant

      • Immigration Pty Ltd

        Prabh VEVO is updated automatically when your visa status changes so if you are granted a student visa VEVO will reflect this new visa. No DIAC cannot ask anything about yur MRT. GW

        On Thu, Mar 7, 2013 at 11:32 AM, Australian Immigration Blog – Grant

      • Hi. Grant I need Singapore police clearance certificate bec I spend 2 years in Singapore can u help me out how I can apply

      • Immigration Pty Ltd

        Manjit For Singapore these are the requirements for non-Singapoer citizens Non-citizens Apply for a COC from the Singaporean Police Force. See website below for details of what to provide. You will need to obtain a letter from DIAC requesting the certificate and provide a set of fingerprints taken by a qualified officer at a police station or an authorised office of the country in which you are living. Please note there can be delays in Australia in obtaining fingerprints. Fee: payable see website below. Residents can pay using NETS, Cashcard or Credit Cards (Visa or Mastercard only). Processing time is two to three weeks. http://www.spf.gov.sg/epc/cert_issued.htm

        Go tot he website. GW

        On Mon, Mar 11, 2013 at 3:29 PM, Australian Immigration Blog – Grant

      • Hi Grant thanks for your kind help but still confused what to do plz explain me step to step bec I have seen the link but no idea what do first I have to go diac and request for fingerprint report letter and after that whear I have to go whear to get forum and w to send or they any office in vic so I can apply their Plzzzzz Thanks manjit

      • Immigration Pty Ltd

        Manjit If you need this sort of help you need to seek pface to face professional help. Can’t do this sort of thing on the Blog. just don’t have the time. GW

        On Mon, Mar 11, 2013 at 6:20 PM, Australian Immigration Blog – Grant

  200. Hi Grant,
    Hi Grant,

    Hi Grant, Many thanks for you informative blog. I have a question about the 835 remaining relative visa (onshore) for my sister.

    situation:
    1. my parents were granted permanent resident visa last year. My parents came to Australia and active their visas and lived in Australia for a couple of months. Thereafter, they came back to home country.
    2. my sister was granted a 676 visitor visa this year with 8101 & 8201 restrictions.
    3. my sister meets all the requirement of remaining relative visa. She lives in overseas at the moment.
    3. I was the sponsor for my parents PR visa. I will sponsor my sister.

    my questions:

    1. Do my parents need to meet the residential requirement before my sister applies for remaining relative visa? If so, how many years is the residential requirement?

    2. Can my sister lodge the onshore 835 visa application when she comes to Australia under a 676 visa? Do my parents need to be in Australia by the time my sister lodge the 835 visa in Australia?

    3.can my sister stay in Australia to wait for the approval of her 835 visa application? I know the waiting period is 15 years now. Will she be granted a bridge visa during this period of time? If so, what type of bridge visa will she be granted? Does she need to leave Australia every 3 months and comes back under this kind of bridge visa?

    Even though the waiting period will be long, it would be great to have the whole family live in OZ while waiting……

    Your kindly and prompt advice and suggestion will be highly appreciated! Thanks a lot in advance for your help.

    Rita

    • Immigration Pty Ltd

      Rita
      Yes they do need to be here. The visa talks about being settled which is not directly defined so common sense tells as actually living here permanently.
      She will only get a BV if she lodges an onshore application.
      GW

  201. Hello Grant, I am on 485 and lodged my 885 in June, 2010. However, I still have to submit my ielts result before case officer open my file. My question is can I apply for a student visa and MRT at a same time while I am on 485? Thank you in advance for your assistance.

    • Immigration Pty Ltd

      Sujal25
      If you do not have IELTS when DIAC are ready to make a decision on your 885 then it will be definitely refused and then you cannot win at the MRT.
      GW

  202. Hi Grant if I have RSMS 857 visa I have to work with same employer for two years or I can change employer? Thx

  203. Thank you for your reply Grant…but at least I will get some more chance to get bands and if I get it then I can win MRT..please correct me if I have wrong information. And for my safe side, can I also lodge another student visa to stay here and meanwhile I try to win MRT by trying to get bands.

    • Immigration Pty Ltd

      Sujal
      You cannot apply onshore for student if you have an onshore refusal.
      GW

    • Immigration Pty Ltd

      Sujal
      You cannot apply onshore for student if you have an onshore refusal. You can apply tot he MRT.
      GW

    • Immigration Pty Ltd

      Sujal Can’t tell from the info but no to the onshore student application s48 bar GW On Tue, Feb 26, 2013 at 10:35 AM, Australian Immigration Blog – Grant

  204. Hi Grant

    I’m on my student visa and did Masters in Biotechnology and as a result I’m not able to apply for a 485 visa. I’m planning to apply for a Graduate Diploma of secondary education and get another student visa. Can you please tell me that because this is a one year course will I be able to apply for the 485 visa once it is over? Can this eventually lead to a permanent residency? I would really appreciate your advice.

    Thank you.

    • Immigration Pty Ltd

      Nee It is a question of whether the courses are closely related. In this case if you apply as a teacher of Secondary Bilogy and your teaching method study is in Science it will be OK – so yes. GW

      On Tue, Feb 26, 2013 at 5:33 PM, Australian Immigration Blog – Grant

  205. Hi Grant
    You are doing a great job. I have one question to ask you. My brother is living in regional area in Victoria. he and his wife both are Permanent Resident. I a currently on 457 and want to apply for 489 . As I checked DIAC web site and it saying that i can get 10 points from a relative living is regional area. Is that possible I can apply this visa. I have done masters in accounting and have one year advanced diploma from same university and also have Bachelor of commerce from my country.

    Thank you.

  206. Hi Grant,
    Currently i am on 572 visa.Is that possible i lodge 190 if i meet the criteria?
    Thank you

  207. Thank you Grant for this information. However, I am still not clear about my main question that while I am on my 485 can I study further? And If DIAC open my file and refuse my 885 due to I fail to submit my ielts result, then can I go to MRT (to get some more time for bands)? In short, can I apply for both? (eg, while MRT in process, can I go to Student Visa? or Can I apply for student visa before I go to MRT?) so in both way I can stay here even if I don’t win in MRT.

  208. Hi,,,,,,,,,i applied for a partner visa,,,,,,,DIAC says its invalid,,it was really really a strong file,,now section 48 applied on me,,,DIAC says i can lodge a further file,,,,,,,,but what is the process to logde a partner visa application again !!!!

    • Immigration Pty Ltd

      Kam
      If they have said no on the basis of s48 you must have an onshore refusal and it would seem a previous partner application lodged in Aust???
      You need tom seek immediate face to face professional help before doing anything else! You have some problems here and you don’t relaise the extent of them. Basically you will need to depart to lodge another Partner file unless this is a DIAC stuff up of some sort.
      GW

  209. ian.thomas@y7mail.com

    Thanks Grant,
    So if they cancel my 820 and I go to MRT will I not get a Bridging Visa?
    I rang MRT and they said I can get BVA or they can even continue my 820.
    Is this information right?

    • Immigration Pty Ltd

      Ian No it is not correct – MRT generally see refused applicants and provided they apply in time they stay on the BV they had while the MRT process continues. However in your case as you hold the 820 and if DIAC cancel it you will have no visa. When you apply to the MRT you must then go to DIAC once you have your MRT receipt for payment and acknowledgement letter and apply for a BV. The only BV that can be given to an unlawful person in this situation is a BVE. This may have No Work and must have No Travel. You can apply separately to vary the No Work condition but as DIAC have cancelled the visa they may be disinclined to grant permission to work. It’s pot luck in the work area really. GW

      On Fri, Mar 1, 2013 at 11:06 AM, Australian Immigration Blog – Grant

      • Hi,
        My 485 visa application has been refused due to not having competent English.
        I currently have section 48 bar.
        My application is with RMT now and I await RMT outcome.
        1/ Do you know how long RMT takes?
        2/ If I have a 189 or 190 skilled visa invitations on skillselect. I will apply for Bridging visa B, going back my country 1 week during MRT time. I will apply for one of these visas offshorely, and come back Sydney to wait for skilled visa outcomes and providing relevant documents onshorely. Is it ok?

        I am currently working as a registered nurse. I cannot leave Australia for long time. My annual leave is limited.

      • Immigration Pty Ltd

        Kieran
        I have recently seen MRT applications in this category – can’t win and just buying time processed in a few months not the up to two years that was previously happening.
        This seems to work for Skill Select.
        How can you be working as a Registered Nurse if you don’t have Competent English. Nursing Registration requires a much higher English standard.
        GW

      • Thanks. I have 25 more days to reply. I am awaiting my skill assessment in a weeks time and ielts result in 2 weeks. Should I mention in my reply that I have put in a EOI (iassuming i can manage in 25 days)Will the case officer give me time to apply for 190 or 457. Or it will be 28 days to depart
        Please tell me a way so that I don’t have to leave the country.

      • Hi grant ii just want to know that I applied rsms 857 and got my nomination 28 nov 2012 but now almost 3 months no reply and plz tell in that case what I suppose to do

      • Immigration Pty Ltd

        Manjit Wait is all you can do. GW

        On Sat, Mar 2, 2013 at 6:27 PM, Australian Immigration Blog – Grant

      • Hi grant as I my file open 857 and got nomination 28 nov still have nt got my pr do u thing do I need to worry about my pr as he taking to long thanks

      • Immigration Pty Ltd

        Manjit No everyone is waiting at least this amount of time. GW

        On Sun, Mar 3, 2013 at 1:18 PM, Australian Immigration Blog – Grant

      • ian.thomas@y7mail.com

        Hi Grant,
        I am still bit confused. Since i am on 820 and they have asked why they should give me 801 if i am not wrong they will refuse my 801. Does that also mean they will cancel 820?
        if yes I will go to MRT and I should get a BVA or they should continue my 820 till a
        Please correct me if i am wrong.
        Cheers,
        Ian

      • Immigration Pty Ltd

        Ian You can only go from an 820 to an 801 if you are still in the relationship with your sponsor. If you are not in the relationship you cannot get the 801 visa. This visa is based solely on the existence of the ongoing relationship. If they refuse your 801 you can go to the MRT but the 820 ceases and you must apply for a BVA to take its place. GW

        On Sun, Mar 3, 2013 at 3:14 AM, Australian Immigration Blog – Grant

      • Hi as I talk u before about my rsms857i got nomination 28 nov but haven’t got pr almost3 month do I need to worry about pr as he taking too long is their any chance people said after nomnation case officer has to made session 28 days other wise cease the file or cancel the nomination is it true

      • Immigration Pty Ltd

        Manjit No that is total rubbish. Just people who have no idea telling silly things. GW

        On Sun, Mar 3, 2013 at 1:25 PM, Australian Immigration Blog – Grant

  210. Hi,

    I studied in Australia over 5 years. I have got English exemption for registration. Therefore, I currently have skill assessment, eligible employment…

    So, if I have 189 or 190 invitations or 457 visa sponsorship, could I apply for these visas onshore?

    I have 485 visa refusal. Then I have barred currently by Immigration.
    I will apply for BVB, going back my country for 1 week, applying for visa invitations, and back Australia on BVB during my MRT. Then i will wait for visa decision.

    As you metioned previously, MRT takes few months, is that 18months for 485 visa refusal?

    • Immigration Pty Ltd

      Kieran The 5 years study is not an exemption for GSM applications like 485/189/190 it does work for 457. Once you have an onshore refusal you cannoty make another onshore application. I have previously told you the time period for MRT and about their new policy of fast tracking some cases. GW

      On Fri, Mar 1, 2013 at 7:19 PM, Australian Immigration Blog – Grant

  211. Hi Grant I have read your blog and want to really appreciate for your work.
    I have a quick question to ask you. I am going to apply EOI for 489. I have total point 65 to apply. 30 for age, 10 for relative sponsorship, 15 for master and bachelor degree in accounting, 5 for 1 year work experience and 5 for 1 year diploma in advanced accounting. My question is my skill assessment is going to expire on 14 th April . Do i need to do my skill assessment again before apply or i still can use my old assessment? Other thing is what would be the chances of invitation. i am based in Melbourne.
    Thanks Grant. wish you have a great day.

    • Immigration Pty Ltd

      Gorav
      Cannot tell you about the chances of an invitation that is all hidden inside DIAC.
      The vital date for the Skills assessment being valid is the date of invitation to apply. If it is not valiod then you have a problem. I’d get a new one in these circumstances before making the EOI.
      GW

  212. Hi Grant,
    Im at the MRT but my company is gonna sponsor me and therefore I’ll apply for RSMS very soon. I know that the application has to be applied offshore, but am I ok to get BVB and apply for PR in my country, and come back to Australia when my application is received by DIAC?

    Also, do I have to cancel my MRT when PR is granted? If the refusal for my previous visa(485) was wrong, would I get half of application fee back even after PR is granted?

    Thanks

    • Immigration Pty Ltd

      Lisa
      No you can still go ahead with the MRT if you feel you can win but you don’t want DIAC then granting you a 485 visa as thios would cancel your PR. Also you can withdraw after PR grant.
      GW

      • thanks Grant,
        ok so do I have to go and tell DIAC that I would cancel my 485 application as soon as I win at the MRT or when MRT gets back to me I just dont reapply?

        About the above question, am I ok to go and come back with BVB after applying for PR offshore? thanks

      • Immigration Pty Ltd

        Lisa When you get PR you withdraw the 485 In my view using a BVB in this manner is not OK but DIAC only seem to be objecting to this for 457 TR work applications not ENS/RSMS. GW

        On Mon, Mar 4, 2013 at 11:33 AM, Australian Immigration Blog – Grant

  213. Hello Grant. My visa has been refused last October and i am currently on MRT. So I will apply for RSMS outside Australia next months. My wife is on Tourist visa at the moment.
    If I apply visa offshorely before my wife’s visa expired, will she get a bridging visa? or does she also have to be outside Australia after her visa expired?
    THanks for your great help here Grant.

  214. Hello again Grant
    you may remember me my name is Forrester and I posted a question to you on the 9th of February. Your reply was great and put my mind at ease, but as with human nature, as time goes on and the mind wanders things start to play on the mind and we worrying again. So Grant if I may and would like to ask one more question please if you have time.
    The first question related to me and my fiance being stopped from entering the US from Canda because of a gram of marijuana which I was honest about and told the border people that I may have some somewhere in a back pack (this before they asked). I asked you for some advice Grant regarding the best thing to do, with regards telling DIAC the situation or not.
    However, I am literally about to put the aplication in the post but question 59 keeps jumping out a me in section H on form 80. Its the wording ‘have you ever had a visa been refused or cancelled by, or been refused entry to any country’?. The thing thats making me stressed is that I had a 3 month visa already in my passport to the US, I didnt mention this in my first Q. because I literally didnt think of it, I landed in America before travelling up to Canada to meet my lady who travelled directly to Canada. I only went into the immigration counter to keep my fiance company, so Im thinking that if they said that I (we) can withdraw our application then in a way its like saying to me that my visa (which that had a month left on it) was also cancelled. Does this make sense to you Grant.
    So I feel I would just like if possible your opinion once more Grant, this seems a very important question which might be open up to interpretation or not, but I just want to make sure I do the best thing with regards my application and not shoot myself in the foot by making a mistake.
    I hope this makes sense Grant,

    Thankyou again, I really am very greatful for your advice

    Forrester

    • Immigration Pty Ltd

      Forrester No it does not really make sense. If you withdrew the application the visa was not cancelled. Really I don’t see the need to make DIAC aware of thgis but equally if you do I don’t think it will cause the application to fail. My view is that you have not been refused entry you have been allowed to personally decide not to enter. Different thing entirely. Let it go! GW

      On Mon, Mar 4, 2013 at 5:51 PM, Australian Immigration Blog – Grant

      • Thanks for replying Grant,
        that makes perfect sense. That what Im going to do, Im sending off my app in half an hour! I have a week and a half to get this in, still dont have my police clearance cert or service docs they are on the way, but its time to get it going. This has stopped me putting it in months ago.
        Iwill let you know how things go Grant, and thanks so much from me and my lady, :)
        Forrester

      • Immigration Pty Ltd

        Good Luck Grant

        On Tue, Mar 5, 2013 at 1:02 PM, Australian Immigration Blog – Grant

  215. Hello Grant. My visa has been refused last October and i am currently on MRT. So I will apply for RSMS outside Australia next months. My wife is on Tourist visa at the moment.
    If I apply visa offshorely before my wife’s visa expired, will she get a bridging visa? or does she also have to be outside Australia after her visa expired?
    THanks for your great help here Grant.

    • Immigration Pty Ltd

      Lee That depends on the conditions on your wife’s tourist visa. GW

      On Mon, Mar 4, 2013 at 10:05 PM, Australian Immigration Blog – Grant

  216. hi Grant
    I’m on mrt on my student visa refusal. Is it possible if I invite my wife on a tourist visa…I did talk to Immi they said I can, but I’m still confused…… Please help.
    Thnak you

    • Immigration Pty Ltd

      Shyam
      Yes you can apply. Yes you can invite her. The real question is will they grant her the visa ?… and I’m betting the answer to that will be no.
      GW

  217. ian.thomas@y7mail.com

    Hi Grant,
    I have done MBA marketing, BE Mech(overseas) and a diploma from Australia. I have applied for skill assessment withACS. So I was wondering if I need to assess my qualifications as well for getting 15 points or ACS will do it inspite of it being non ICT

  218. Hi Grant,
    I was at the MRT because my 485 was refused last October but I got a letter from MRT saying the tribunal has decided to remit the application under review to the DIAC $770 will be refunded. So im going to take this letter to the immigration office in my city tomorrow.

    Im wondering how long it usually takes for my visa to be granted after MRT gets back to me? Does it take another 1year or so again?

    Thanks.

    • Immigration Pty Ltd

      Yumi
      Can’t see why you are going to DIAC with the letter they will just say wait until we get the file from the MRT and then your case will be given to a case officer. Usually only takes a couple of months.
      GW

  219. Hi Grant,
    i applied for refugee visa recently, now can i apply for 457 visa onshore.

    • Immigration Pty Ltd

      Anjan If you have been on a BVfor more than 28 days NO. GW

      On Wed, Mar 13, 2013 at 10:00 PM, Australian Immigration Blog – Grant

  220. Thanks Grant.otherwise can i apply offshore?

  221. Thanks Grant for your value information

  222. hi grant my name is love i got 4020 condition on my visa can i apply for 457 visa if i apply for a waiva

    • Immigration Pty Ltd

      Love
      You can apply offshore and attempt ot get a waiver but it will not be easy and you should get proferssional face to face help as I do not think you can do this on your own.
      GW

  223. Hi grant even if i am in rrt,can i apply for 457 offshore?.how can i meet you to discuss about my 457 visa face to face.my sponsor is ready to sponsor.Is there any chance to apply from onshore.

    • Immigration Pty Ltd

      Anjan Yes you can apply 457 offshore while at the MRT. Call during business hours to make an appointment. GW

      On Fri, Mar 15, 2013 at 10:45 PM, Australian Immigration Blog – Grant

  224. thanks for ur reply i am love i just want to know what should i get to apply for waiver and for waiver can i apply while i am onshore

    • Immigration Pty Ltd

      Love Too complex a question for a Blog answer and to be able to answer someone needs to assess your situation fully face to face. GW

      On Sat, Mar 16, 2013 at 12:36 AM, Australian Immigration Blog – Grant

  225. hi sorry i could not understand ur answer i want to go to see someone but i just wanna make sure with u that what things i nthankseed and i can do it onshore or not

    • Immigration Pty Ltd

      Love Yes I understand but my point is it is too complicated to be able to tell from the info you have goven and someone needs to look at all the paperwork and ask detailed qiestions about your situation. If the answer was simple I would have told you! Get help GW

      On Sat, Mar 16, 2013 at 3:46 PM, Australian Immigration Blog – Grant

  226. hi grant, is job advertisement compulsary for the nominated post as well as how can i apply offshore when i Am in refugee visa or RRT. i joined in january in the job at that time they gave me job description. is that enough

    • Immigration Pty Ltd

      Anjan No a job ad is not required but DIAC do need to be satisfied that the business has made some effort to find an Australian for the position. This I suspect will be the change that has seen so much coverage in the press in the last couple of weeks fro 1 July 2013. GW

      On Sun, Mar 17, 2013 at 12:53 PM, Australian Immigration Blog – Grant

  227. Thanks for ur reply i just want to know what things I need to apply for waiver

    • Immigration Pty Ltd

      Love Get face to face advice. I cannot do this via email and asking over and over will not change my mind. GW

      On Mon, Mar 18, 2013 at 1:37 PM, Australian Immigration Blog – Grant

  228. Thanks very much for ur reply

  229. hello sir i m on mrt apeal in australia i given birth to baby girl in india i want to bring her with me but i want to know what i need to do to bring her with me plz answer my question asap i m worried about her thanks

    • Immigration Pty Ltd

      Sukhvir
      I assume you are ona BVB in India???
      If you have the child added to your passport the Australian Embassy may consider that she also has a BVB. If this does not work I don’t like your chances of getting the child a visa.
      GW

  230. hi grant, is refugee visa shows any effect on 457 visa.

    • Immigration Pty Ltd

      Anjan Depends if you have told a huge pile of lies to DIAC yes it could well stop the application. GW

      On Tue, Mar 19, 2013 at 10:15 PM, Australian Immigration Blog – Grant

  231. Hi grant,i aplied my 457 visa on 29 dec 2012 but its still on processing ,unfortunately my student was cancelled on 3jan 2013 ,and i aplied for revocation for my student visa cancellation and immigration gave me bridging visa e ,and on 20 feb immigration revoked my cancellation of student visa and they gave me back my student visa ,but now my student visa was finish on yesterday and when i check my vevo today its show no current visa ,im not understanding bcs it dhuld be bridging A visa after expired student visa bcs my 457 visa aplication still on processing .so pls give me best advice that what i have to do now .thnx

    • Immigration Pty Ltd

      Ravi DIAC should grant you a BVA in these circumstances. You need to go in and see someone to get this sorted out. They may now require you to actually apply for a BVA. They can fix this on the spot. GW

      On Wed, Mar 20, 2013 at 7:52 PM, Australian Immigration Blog – Grant

      • Hi sir,thnx for previous advice ,i went to immigration on yesterday ,and i filled d form1005 for bridging visa a .they recieved d form and they said nothing .still i havenot get any visa ,i dont know what have to do now im really worrying .and also i aplied sbs ,nomination ,457 visa aplication on 29 dec 12 but i have not get anything its nearly 3 month s,like on my sbs its show 9/1/13 processed further ,and i nomination its show 29/12/12 recieved application ,in visa aplication case office asked me medical of me and my wife and form 1221,i already submit everything ,but still havenot get sbs and nomination.is any problem if they takes longer .thnx

      • Immigration Pty Ltd

        Ravi DIAC will get back to you about the BVA. As far as the SBS/Nom/457 goes it ia impossible for me to comment as I have not seen your paperwork and I assume DIAC are waiting for your employer to do something. You can only get the nOm and 457 processed once the SBS is approved. GW

        On Thu, Mar 21, 2013 at 1:32 PM, Australian Immigration Blog – Grant

      • Hi grant ,its ravi here ,i aplied sbs,nom,457 visa app on 29 dec 2012,but still hasnot aprove my sbs,i thinks my employer not submitting all paper to caseofficer,and my employer not saying anything ,i dont know whats going on there,now im on bridging visa A.and i also very woried my visa ,i dont have more trust on my employer ,so i wana change employer,like i found other employer ,what have to do in this situation ,so ill be safe and get 457 visa with other employer,pls give me best advice,bcs i think previous employer sbs will not be aprove .pls give me best advise.sir.
        Thnx

      • Immigration Pty Ltd

        Ravi If you want to apply again a) this will be a problem for the first application and b) you will have to depart to apply afain as you will no longer be able to meet the Schedule 3 requirements to get the visa granted onshore as you have been on a BVA for too long. GW

        On Wed, May 8, 2013 at 2:40 PM, Australian Immigration Blog – Grant

  232. Hi grant ,
    I aplied for 457 visa aplication on 29 nov 2012,i already aproved my sbs as well as nominations,but unfortunately i attached 5 year work reference letter from india to immigration ,but unfortunately case officer did d enquiry of my reference letter and they got unfavourable enquiry ,bcs when i got reference letter that time there were 2partner in budiness ,and one partner isued my reference letter but now they separated structurely ,and one partner issued my reference letter but immigration call to other partner he gave unfavourable enquiry due to misunderstandings bcs he known by me my nick name ,but now submit d statuary declaration from owner of busines lin my favourable everything he got misunderstanding,now we submitt all documents like statuary decleration and draft to case oficer ,now will i get my case or not.thnx

    • Immigration Pty Ltd

      Chechi
      It is possible I imagine DIAC will make further enquiries and then tell you. If you do not getb the visa you can appeal the decision to the MRT.
      GW

  233. hi grant,
    I have got RCB approval as nursery person. I have done Diploma of horticulture. certiii in wholsale nursery. my sponsor is veg and fruit grower and he need nursery person for grow seedlings for veg and make more tree for fruit tree but as nursery person case officer not give nomination & i lodge MRT What is the winning chance for MRT?? in MRT we can change job tital by law (My file was lodge as RSMS)

    • Immigration Pty Ltd

      Manoj
      No you cannot change job titles and it is impossible to assess your case for the MRt without seeing all your paperwork.
      Get soem face to face help.
      GW

  234. Hi
    I am registered for EOI for 489 NT sponsorship (Accountant), I have also applied for NSW state sponsorship for 190, if I got approval for 190 before EOI invitation, can I update my EOI for 190 NSW? or would be negative effect cause of changing states?

    If I invited before that and granted 489 visa NT, Can I submit new EOI and apply for 190 onshore NSW?

    • Immigration Pty Ltd

      Jona
      You have approval for 190 – do you from NSW? Can’t see how it would be negative affect as you put it but I think you go back to the end of the queue. Why are you updating a 190 EOI if you have applied for NSW as they send this to DIAC and to you so DIAC already know.
      Yes
      GW

  235. I am not yet approved 190 NSW sponsorship but applied for. At this stage, I have approved NT state nomination for 489(provisional)and applied for EOI. My question I already signed for NT declaration to accept 489 sponsorship. But latter on if I would be approved for NSW state nomination for190(which I have also applied for). Can I prefer NSW sponsorship for 190 on the same EOI? Wouldn’t be problem afetr accepting one state and then accepting another state?

    • Immigration Pty Ltd

      Jona Yes I think that will be a problem as you have already made a declaration. GW

      On Tue, Mar 26, 2013 at 3:26 PM, Australian Immigration Blog – Grant

  236. Hi Grant,
    When you say NSW will send to DIAC, would not NT send same for 489? That would create conflict? Just confused…

  237. hi Grant, for 457 visa (for RETAIL BUYER) what is the minimum salary they have to pay?

    • Immigration Pty Ltd

      Anjan Try looking up salary surveys on the Internet or go to joboutlook.gov.auand see what the weekly salary quoted is x b52 of course. GW

      On Wed, Mar 27, 2013 at 9:00 AM, Australian Immigration Blog – Grant

  238. Thank you

  239. Hi Grant,I am on 485 which is expiring on 16 may 2013 but my wife got BVE because her student visa was cancelled we have pending file for 857 and we still waiting I am not sure if we still pending till may 2013 which visa should I apply ? Thanking you raj

    • Immigration Pty Ltd

      Raj If your wife was here on her student visa when you lodged the 857 she can stay on the BVE until the 857 is decided and you will move onto a BV when your 485 expires. can’t tell if this will be a BVA or a BVC from your info. Depends if you had the 485 when you lodged the 857 or not respectively. GW

      On Wed, Mar 27, 2013 at 9:51 PM, Australian Immigration Blog – Grant

  240. Thanks for responding , i had 485 when we applied 857 in June 2012 raj

    • Immigration Pty Ltd

      Raj So you go to a BVA. GW

      On Thu, Mar 28, 2013 at 2:20 PM, Australian Immigration Blog – Grant

  241. Thanking you very much

  242. Hi grant I am dependent on her , is that matter ? Still I will be on BVA ?

  243. Hi Grant,
    I am on BV C granted 1 month back when I lodge Onshore partner application (Compelling circumstances addressed to get Schedule 3 waiver).
    I have not heard anything from DIAC since then. Does that mean schedule 3 has been waived and therefore I have to wait in usual waiting line or its like that they have not assessed my application at all. How long they take to look at Schedule 3?

    Thanks.

    • Immigration Pty Ltd

      Singh
      I does not mean anything except DIAC have not looked at the file yet. Processing times are long and they may not have noticed yet that you have a Schedule 3 issue.
      GW

  244. Hi Grant,

    Thank you for your reply.
    In the BV Grant letter issued DIAC mentioned that ” You are currently on BV A, therefore BV C will be in effect when your BV A expires that is dated….”.

    They have actually noticed my status (on BV A) but might be they have left to look in details till DIAC delegate /officer actually go through the details later on. And that has given me time to get through exam and finish study and get registration to practice medicine. Working in regional area will make my circumstances more compelling. (Even though Department policy says have an Aus child or 2 years relation is usually compelling, although there is No real definition of Compelling Circumstances). Basically I have no place to go, stay and lodge offshore application as all my family is in Australia including my partner(As I was on BV A from Remaining relative application), and it was department advise to withdraw RR application and lodge onshore partner application). May be they will take that into consideration as compelling circumstances.

    Anyways I really thank you for your advise….

    Regards,

    Singh

    • Immigration Pty Ltd

      Singh Again you are reading too much into this. The system when they receipt your application shows you are on a BVA and therefore grants the next and only available BV a C. They will eventually look at your submission but again I say you can only hope and I do not really see how this meets their policy as there is no essential difference between occupations when a Partner application is being considered. In other words a doctor will not get more favourable consideration than a plumber. It is a Partner application not one based on occupation in any way. DIAC advised you to withdraw the RR as you were not eligible and they would have refused the application again this is not a compelling reason. As far as having no place to go overseas this will not sway them as this equally applies to many applicants and they will say you’re an adult figure something out. GW

      On Wed, Apr 3, 2013 at 7:37 AM, Australian Immigration Blog – Grant

  245. Hi Grant,

    Thank you for your comments. I understand that it is not my professional area and DIAC deals equally all applicants irrespective of their occupation.

    I really agree to your comments and wait for decision to come in future.

    Regards,

    Singh

  246. Hello Grant….my name is chetan and i want to know only one thing that i have already applied for MRT as my visa was refused onshore in 2011 march.this year i have applied another student visa offshore for higher education……i normally chek my visa status on vevo which shows my current status……if i grant student visa then can i hold MRT and student visa or i have to withdrw my MRT application?will my current status change on vevo if i grant student visa? please advice thanks

    • Immigration Pty Ltd

      Chetan
      No you can keep the MRt going in th hope of winning and getting your money back. Obviously this depends on the actual case the the hope of winning. If you get the new offshore student visa and the MRT is hopeless you withdraw it.
      GW

      • really thanks grant,one thing is what is going to happen if i grant student visa? i mean current status which i checks on vevo showing my briddging visa…….will it reflect or change when i grant student visa?because i am using my passport number ,password ,DOB, etc…….bit confused that status will be same on vevo after grant my student visa?

      • Immigration Pty Ltd

        Chetan Yes it will also change on VEVO GW

        On Fri, Apr 5, 2013 at 11:15 AM, Australian Immigration Blog – Grant

      • hi grant chetan here again…..i am worrying about one thing that i checked my visa status on vevo as usual but it’s saying that ,,,,,you do not have a current australian visa.if you are in australia,you must contact the department’s community status resolution service(CSRS) in nearest capital city as soon as possibble to discuss available visa or departure options,generally you can be granteda bridging visa while you resolve your immigration status with the CSRS .”,,,,,,,,,,,,,) as i told you that i have applied for offshore visa ….i am on MRT as well…..i think someone complaint to immigration regarding i did more than 20 hours work while on student visa……i am worrying that is it cancelled or what happend o my visa status in vevo??? please let me know thanks

      • Immigration Pty Ltd

        Chetan I don’t know what has happened but clearly something has. If you have a valid MRT application for review you should have some visa. You will need to take evidence of your MRT application – receipt and MRT file number into DIAC and find out what has happened. GW

        On Mon, Apr 8, 2013 at 5:45 PM, Australian Immigration Blog – Grant

  247. Hi Grant. I have following up with you blog and it is very helpfull for needy people and God bless you for such generous help. I am currently on student visa subclass 573, Just finished my course last month. I was studying master of a professinal accounting. two years full time. I have just cleared IELTS 7 bands each. I want to apply for PR and was advise to apply for EOI. How long will it take for them to invite me to apply PR. I have working in as a accountant with australian firm for last one year. Do I have changes to get an invitaion soon. I qualify for the PR I have 65 points. I meet all other requirement for the eligibility for PR.

    • Immigration Pty Ltd

      Roy
      There is no set answer to this question as DIAC make the invitations and it depends on how you sit compared to other qualified accountants who apply around the same time and othres who have EOI in the system already. DIAC do not take an open ended number in any occupation any more. Having said that yes I’d say you have a good chance of getting an invitation soon so make sure you ahev all your paperwork ready BEFORE lodging the EOI.
      GW

  248. Hi Grant, first of all thanks a lot for the amazing job that you are doing with this blog. My question is the following I am in Australia holding a valid tourist visa but it only allows me to stay onshore for three months in a row (the visa expires on september 2013), and i will ask for an extension of my visit so i can stay here for 6 months, but i at the same time i am getting prepared to apply for a 489 visa, what i want to know is if there is a problem with that, i mean can i apply onshore for a 489 while holding a valid tourist visa, if so, do i need to state that i plan to apply for such visa (489) when i lodge my request to extend my visit to 6 months rather than 3 months that my current visa allows?

  249. My visa was granted on 21/09/2012. It permits Multiple travel to Australia before 21/09/2013 and allows you to enter and remain in Australia on each visit for up to 3 months.
    And other thing, the only conditions on my tourist visa are:
    8101 You must not engage in work in Australia.
    8201 While in Australia you must not engage, for more than 3 months, in any studies or training.

    Thank you for your time and patience

    • Immigration Pty Ltd

      Alexis
      answer to both posts…
      Yes you can apply from the tourist visa.
      You could always depart and come back again to get the extra 3 months.
      You will get a BVA to allow you to stay when you lodge the 489 onshore.
      GW

  250. Hi Grant
    I have applied for 857 visa before July 2012. Can I lodge another application for 190 onshore while I am on bridging visa. My 485 visa will expire next month. Can I apply for 190 visa after my 485 visa expire (I mean I will be on BV cause applied for 857 and still in process)

    • Immigration Pty Ltd

      Harprit
      Yes you can. Do you like giving the governemnt money? Why?
      GW

      • Thanks Grant
        The reason I asked question was I don’t want to loose chances of applying onshore if previous one is rejected. But at the same time I am pretty confident for 857. I will wait 857 result until my 485 expire otherwise I am thinking to apply another one while on bridging visa..

  251. Hi grant ,i aplied sbs on 28 th dec 2012 and nominanation ,457 visa app was lodged on 29/12/12,
    In sbs my status show like
    9 jan 2012 processed further

    In nomination
    29/12/12 aplication received

    In visa aplication of include my wife its show like

    Person 1 RAVI KUMAR RAVI KUMAR
    Date of birth: 18 May 1986 Passport No: G9143459
    29/12/2012 Bridging visa granted Message
    14/01/2013 Further information required Message
    21/03/2013 Bridging visa granted Message
    09/04/2013 Information received Message

    Person 2 Navjot Kaur Judge
    Date of birth: 26 November 1990
    31/01/2013 Health requirements finalised Message
    31/01/2013 Further medical results received Message

    View Entitlement Details

    My ouestion is my lawyer said to me that he sent all documents regarding sbs on last week,and today my case officer mention on my visa aplication that 9/4/13 information recieved,

    Still hasnot aproved sbs and nomination then which information received in 457 visa aplication.

    Pls inform me bcs im very woried is there something wrong regarding my visa aplication.thnx

    • Immigration Pty Ltd

      Ravi How can I know this I am not DIAC and it is impossible to tell what they have or have not got from this information. I don’t read minds – sorry. You have a lawyer ask them to make an inquiry. GW

      On Tue, Apr 9, 2013 at 10:29 PM, Australian Immigration Blog – Grant

  252. Hi grant this is kumar here.i have got some problems.iwas married to a girl in 2008 i was on student visa she came to australia but after she arrived i changed my visa status and become dependant on her.i did sacrify for her as she wanted to study.i quit my study .we have applied for MRT two years ago as i am secondry applicant in MRT application.we are seperated for more than three months.what option i have got now because she is going to withdraw MRT application very soon.can i request immigration or minister that i want to continue my study or any other option? please advice me.thanks

    • Immigration Pty Ltd

      Kumar
      No you cannot apply for any visa onshore. You will have to depart to lodge a new application. There is no pathway for you via the Minister.
      GW

      • Hi grant kumar here.my passport is expiring soon and i want to apply for protection visa which is only i can apply onshore as i know,but my question is i am going to submit my old passport to passport office to get new one…..do i need to wait for new passport or i can apply for protection visa before new passport issues to me……because i have no much time…thanks Grant

      • Immigration Pty Ltd

        Kumar You should only make an onshore protection claim if you are a genuine refugee. This is not a system to buy time or jusy a mechanism to stop you having to depart if you have no real visa application options. If it is not genuine it can be refused in a few days. I saw one last week that was refused in 2 days! The passport is not relevant to the application. Apply if you must and get a new passport asap. GW

        On Fri, Apr 12, 2013 at 8:51 AM, Australian Immigration Blog – Grant

  253. Hi grant my TR cancelled in 17 sept 2012 & they put 4020 conditions on me Now I m on MRT can u tell me please that 3 years banned start already on me or after my MRT decision or can I apply off shore visa or not please tell me Thanks!

    • Immigration Pty Ltd

      Kam The ban will be from the date of DIAC decision and it is a ban on all application onshore and offshore. GW

      On Wed, Apr 10, 2013 at 8:54 AM, Australian Immigration Blog – Grant

      • Thanks Grant to reply me it means my TR was cancelled in sept 2012 that ban start from same date.

      • Immigration Pty Ltd

        Kam Yes GW

        On Wed, Apr 10, 2013 at 2:03 PM, Australian Immigration Blog – Grant

    • Hi Grant h r u. I want ask you any way to escape from 48s please. Please tell can i apply for New Zealand or not

      • Immigration Pty Ltd

        Kam I do not assist with NZ so I cannot help with that ? Generally no there is no way around a s48 bar but each case is individual and making a general answer is usually not helpful. You need to have everything assessed. GW

        On Mon, May 27, 2013 at 12:50 PM, Australian Immigration Blog – Grant

      • Plz help to assist thanks!

      • Immigration Pty Ltd

        Kam I do not understand? GW

        On Mon, May 27, 2013 at 2:08 PM, Australian Immigration Blog – Grant

  254. Hi Grant,

    It is Kieran (male).

    My 485 has been refused in Feb 2013 because of not meeting English competence. I have lodged my MRT in Feb 2013 after vise refusal.

    I am aware that I am unable to apply visa onshore. Howerver, my partner who is an Australian permanent resident will get married with me within this year.
    We are the true love.

    Now, should we get married before my MRT outcomes or after the review (28days to depart Australia)???

    We are both registered nurses who are working in the NSW public health system. Please inform any positive ways, then we will need your professional help and further action.

    I look forward to hearing form you.

    Yours sincerely,

    Kieran

    • Immigration Pty Ltd

      Kieran I ‘d need a lot more info from you but it may be possible to avoid the s 48 onshore application bar if you have a qualifying realtionship with an APR partner. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      On Wed, Apr 10, 2013 at 10:32 PM, Australian Immigration Blog – Grant

  255. Hi Grant,
    I’m Quynh and I just recently got married to my husband who is an Australian citizen. I’m holding a student guardian visa which has the conditon 8534 means no further stay and I cannot apply for any other visa while I’m still in Australia. But I have been advised by the DIAC that I can request to waive the condition above. I have read different documents on this matter on the internet and one of them says that marriage to an Australian citizen is not sufficient because beyond my control. So can you please give me some advice how can I persuade them to waive the condition above. And I can go ahead and apply for my permanent resident visa. Thank you so much for your time. I really appreciate it.
    Looking for forward to hear from you soon,
    Regards,
    Quynh

    • Immigration Pty Ltd

      Quynh
      Difficult to get this waiver. I would need to actually interview you and you partner to be able to assess this. It is designed to stop onshore applications unless there are significant compelling circumstances that are beyond your control and have occurred since the visa was granted.
      GW

      • Hi Again Grant,
        I am looking for a solution for my problem, ao i’m just wondering if I can contact you in any way and get some further advice from you, please. It would be great if you can do that. Thank you so much once again.
        Regards,
        Quynh

      • Immigration Pty Ltd

        Quynh Yes you can call me but not every immigration problem has a solution or at least not one you may like. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

        On Fri, Apr 12, 2013 at 4:06 PM, Australian Immigration Blog – Grant

  256. hi,
    My 176 visa is recently refused .can i apply for MRT from offshore or not? and if They call for appearance so how i can do so, especially when i have no one in Australia including my agent.
    The paper application is sufficient or not. I consider that i can make a best file (documents) in respect of my case But that is my view, what you would advise me?

    • Immigration Pty Ltd

      Khalil
      This was a sponsored application so the sponsor can appeal to the MRT it will tell you all this in the decision record and refusal letter you received.
      GW

  257. hello grant my name is david quinn…..an australian citizen…..origenally from italy…….i am in relation with one girl….she is my true love …..been 4 years…..one guy from another country who is temporary residence in australia…..become very close to my girl friend……i mean my girl frd is ignoring me just for him and wanna have relations with that guy…..he actually want to get permanent visa so i got his details and found that he has breached visa working conditions while on student visa two years ago and i got some evidences and sent it to immigration as i do not want to lose my girl friend……i sent all documents to immigration department in global unit collection in melbourne three months ago….but seems they didn’t even looked at my complaint which is sent with evidences of breach……that person got another visa easily from department which made me upset that how come immigration ignored this kind of breach……all are welcome in Australia but if they breach immigration rules then department should take action against them……people breaches working conditions in australia which takes job opportunity from an australian citizens and put them in hard bucket……what should i do? should i do complaint against immigration for not considring my complaint or should i think that they will take more time to investigate my complaint as i know that we do not get any outcome of our complaint from immigration department……does they takes long time to see any complaint?how long they takes to investigate this kind of complaint?or they just do not bother ????? according to immigration department that they takes this kind of complaint serious…..then why my complaint is not being considered and why that person got another visa after breaching immigration rules?what should i do regarding this matter? please tell me.thanks a lot grant for advising free on your blog .really appriciated…..

    • Immigration Pty Ltd

      David
      I am sure Immigration took your information into consideration – they do not ignore such dob in complaints. However they will not contact you as the visa holders privacy prevents that happening.
      Sounds like you need to move on and let this go.
      There is nothing else you can do.
      GW

      • thanks grant but i am really surprised that by the time he applied offshore visa because he got some restrictions onshore ,then same time i did complaint to immigration…….is it public interest as well if someone breaches visa conditions?should i complaint to another department?

      • Immigration Pty Ltd

        Quinn You can do what you want but I say again really best to let it go. GW

        On Sun, Apr 14, 2013 at 7:29 AM, Australian Immigration Blog – Grant

  258. Hi sir,its ravi ,sir i already 457 visa with my wife ,im on bridging A,its taking too long for sbs .and my wife in india ,its already been 2 years of marriage and after married i never went india ,sir can i apply tourist visa for my wife from india ,so she can stay with me in australi for 2-3 months,i have apply e-visa or submit aplication in india.
    And also will she get tourist easily or not ,or if she get visa and she come here by d we granted 457 visa then she has to go back or she can stay on 457 visa with here .thnx sir

    Or give me best advice which is best visa for my wife to bring here bcs i already very frusterated i wana bring my wife in australia.

    • Immigration Pty Ltd

      Ravi Yes she can apply in India for a visitor visa. I cannot say if it will be granted but being a 457 applicant should not prevent the visa grant GW

      On Sun, Apr 14, 2013 at 9:10 PM, Australian Immigration Blog – Grant

      • Hi sir,thanks for previous advice ,

        -Can she apply evisa for visitor visa .
        -How much funds she need to show for 3 months visitor visa.
        -Can show funds for her visa from here in my account.
        – if we will get 457 visa by d time she is here on tourist visa ,then she can stay or she has to go back before expire d visitor visa.
        -her visitor visa aplication wil create any problem for our 457 visa.

        Thnx sir pls give best advice.

      • Immigration Pty Ltd

        Ravi Really you are lloking for too much free help! No Enough to meet living expenses for 3 months. Yes you can show funds The 457 can be granted if she is onshore No GW

        On Mon, Apr 15, 2013 at 9:20 AM, Australian Immigration Blog – Grant

  259. Hi Grant,
    I have applied for RSMS with decision ready about a week ago, but my company now suddenly told me to work for the other area as the branch I currently work for is closing unfortunately….
    It means I have to get a new RCB from the new area where i would work for but can i change it after applying with decision ready?
    What happens if I cannot change it…

    • Immigration Pty Ltd

      Mini
      Can’t tell from this info. If it is the same company (same ABN) then no but if it is different ABN you will need to applay again.
      GW

      • It’s the same company just a different branch. We have about 5 branches in Australia in Adelaide, cairns etc

        So do you mean we cannot change?
        If no rsms is unlikely to be granted?
        The current office might close within this year.

      • Immigration Pty Ltd

        Mini Does not sound like a problem you will just be working in a different physical part of the same business. GW

        On Thu, Apr 18, 2013 at 10:11 AM, Australian Immigration Blog – Grant

      • dear grant
        greeting of the day
        i just woory too mush aout my rsms 857 , i applied in 2011 dec, and 9 month later my case officer has been allocate , and he grant my nomination .28 nov 2012,since now he asking paper policeclearance and ielts one by one .form 80 my partner medical once i submit one he ask other document , now i have submit all of it ,i agent call him aout the decision and he asked my daughter medical .and all of it take 5 month,.one of my friend told me nomination only valid 6 month ,if its goes after six month i have to apply my visa again is it true , i try to contact my case officer .i email him 10 times , but i have nt not any reply yet plz reply what i supose to do

      • Immigration Pty Ltd

        Manjit
        The 6 month period applies to the time you have to lodge the visa application so that is not a problem.
        Really you should hve given all the required docs at the start and it is annoying when they ask for one followed by another but sending 10 emails will just annoy DIAC and waste their time and slow down your application. Just do what they ask and provided you actually meet all the criteria it will be OK. Don’t listen to friends who clearly have no idea what they are talking about. This is how silly rumours start and create stress for applicants.
        GW

  260. what if the office is closing in a month which is closing before the rsms will be granted?
    actually this is the situation we are in now…

    • Immigration Pty Ltd

      Mini We have already gone over this if it is the same company/same ABN (you said it was) it only means you will work at a different physical address for the same sponsor business. GW

      On Thu, Apr 18, 2013 at 10:38 PM, Australian Immigration Blog – Grant

      • So we don’t have to let immigration after the office is closed and no need to get and submit another RCB from the new place?

        I just worry that immigration might consider my application fake as when they go through my application the office is inexcist and the RCB I submitted is wrong if I move to the othe area.

        So just in case even though it was decision ready I want to resubmit a new RCB to avoid they suspect of us.

      • Immigration Pty Ltd

        Mini Even with a DR application the details can be updated if they change but only tell them when and if the office closes. Then you would be telling them that you are going to be employed a differnt office address and that is all. You do not have to mention that the original office has closed just that you will now be employed at the “x” office at this address – all other details are the same. GW

        On Sat, Apr 20, 2013 at 8:58 AM, Australian Immigration Blog – Grant

  261. Hello sir i have been in great mess i didnot studies for 27 months and when i aplied for my extention it got refuse. As i started my studies again and its going to finish next month but in the middle of my studies i aplied for mrt and i got refused . Then i applied for RRT are there any chances of that i can apply for 457 visa

    • Immigration Pty Ltd

      Sam
      You certainly cannot apply onshore. If you apply onshore I doubt you will be successful as you have substantially breached your student visa conditions and then lodged a false refugee application.
      So yes you can try offshore but I doubt they will grant you a visa.
      GW

  262. Hi grant ,its ravi here,i would like know that i aplied for 457 visa and i granted bridging visa A,and my student visa was finished on 19/3/2013 but still i have condition of no more than 40 hrs fortnightly on my bridging visaA.im going to apply for my wife visitor visa for 3 months from india ,i show 5000$ for her 3 month visitor visa in my acount here,is its 5000$ is enough or neeed to put more,will she get visitor visa for 3 months from india ,or its impossible,pls give me best advice.thnx

    • Immigration Pty Ltd

      Ravi While you are on a BVA she will not get the visa. No it is not enough for 3 months stay. Think of how much they expect students to have for a couple for 3 months. GW

      On Tue, Apr 23, 2013 at 5:28 PM, Australian Immigration Blog – Grant

      • Ok grant thanks,but im on bridging A and my student visa finish on 19/3/2013 but still i have condition of not more 40 hrs work in fortnightly in my bridging visa A.and im not on student visa now,i aplied 457 visa and im on bridging visaA.thnx so why i have condition for work limit.

      • Immigration Pty Ltd

        Ravi You can consider yourself out of session if you have finished youe course and work full time GW

        On Tue, Apr 23, 2013 at 6:21 PM, Australian Immigration Blog – Grant

  263. Hi Grant,
    First of all, I want to thank you for your valuable advise in stressful period.
    I have been granted onshore partner visa 820 and I have waited for 40days on BV C. I have applied from BV A. So must have been granted waiver schedule 3 on basis of my personal circumstances.

    Thanks a lot for always replying to my emails and advising me.

    Regards,
    Singh

    • Hi grant ,i couldnot understand ur last advice,so now what i have to for get fulltime work rights,im on bridgingA,my student visa finished already ,pls thnx

    • Immigration Pty Ltd

      Singh That is great. GW

      On Tue, Apr 23, 2013 at 8:49 PM, Australian Immigration Blog – Grant

  264. hello dear grant this is raja here and i am living in australia for last 6 years ….i been married with a girl from india tha was engaged marriage as i was forced to do marry with her by my family and my culture…..we spend our time good togather …i was on student visa before and i become dependant on my wife’s visa after got married ….i told my wife truth that i have a gay feeling but she didnt understand and keep threatning me in my entire married life that she can deport me from this country……suddenly she left me and our application is in MRT for last two years……she got another student visa and she is going to withdraw MRT application where i am the secondry applicant……in my country nobody likes gay people…..i went back to overseas last year after seperation with my wife…..her parents tried to kill me because they said that i brought bad name that i am a gay….but i do not feel regret being gay……i was feeling very shy before and i was scared ….but now i am happy to say that i got gay feeling…….i consult with one migration agent who said that i can apply for protection visa…is that possibble ? i got section 48 bar….but migration agent said that i can still apply for protection visa…..will it be winning case if i apply…..?? i can prove then anyways that i am a gay…….i am born gay but because of my culture and my parents status i never told anybody about my gay feeling…please advise me about that …can i still apply for protection visa if i get 28 days to leave this beautiful country? thank you so very much

    • Immigration Pty Ltd

      Babu
      I cannot slove this over the Blog or email. A Protection visa may (and I stress may) be an option but it will depend on your country of nationality and you must be able to demonstrate a genuine fear of presecution as well as being able to show that this is a real possibility if you are forced to return. But it is not as simple as that. Just being gay is not in and of itself a reason to get a protection visa. SOmeone needs to do a full assessment to see if there are any other options.
      GW

      • thankyou for replying Dear Grant…..one more thing is if she ask divorce after 12 months of seperation period then can i object that and take it longer as long as i want? thanks

      • Immigration Pty Ltd

        Babu In Aust the only requirement for divorce is 12 months separation and of cousre that the relationship has ceased. So no it does not work that way just so you can buy time. GW

        On Fri, Apr 26, 2013 at 6:14 PM, Australian Immigration Blog – Grant

  265. want to apply for PR for my mum who is in Australia now on 1 year visit visa( 2of her 4 children are in Australia as permanent resident)..but has a special circumstances as well.
    I would like to apply for my mum(date of birth is 14/09/1949- will be 65 at 14/09/2014).
    Here is my current situation:
    We are 4 brothers- 2 of us living in Australia permanently and 1 in Bangladesh and the other one is in Malaysia. My dad passed away in 2007. So we qualify to apply for her under at least half of children living in Australia category. But I need my mum stay with me now because of the following unique situation below:

    I have got 4 children( aged 1 daughter 12+, 3 sons-9+, 6+ and 22 months). Currently I am going through separation and divorce- the matter of children custody etc is in court to be finalised in October’13.
    Children were interviewed by the court, hence I have been given access even for overnight stay with me as part of the interim order. My daughter has expressed to the court that she wants to live with me full time. Now as every week children come to my house, my mum plays a significant role to look after my children.
    But her current visa will expire in Oct’13.

    Besides, I am the eldest son in the family. I used to send money to my mother while she was in Bangladesh regularly.

    I was wondering if I can apply for her under any category so that my mum can stay with me in the best interest of my children. Otherwise, she has to go back in October’13 and I can apply for her in next year’s September’14 which is a long time away, given my current situation. There is a long queue under normal parent visa and currently my financial situation will not allow me(specially after divorce and giving child support to my ex wife etc) so that I can provide around $42k under contributory category.

    If so, can you please advise under which category if at all would be suitable for my mum under the current circumstances.

    • Immigration Pty Ltd

      Niaz
      The Aged Parent onshor category requires the applicatant to be at least 65 at time of application. So until she turns 65 that cannot work.
      She can stay on the visitor visa and per=hpas apply for another after that given the circumstances. She will not be granted a carer visa if anyone suggests that to you.
      No simple solution. Sorry.
      GW

  266. Hi Grant…
    What a wonderful blog you have got..I have a question. Hope you can answer. My TR was rejected and also MRT affirmed the decision and am overseas now. My wife has PR and I have applied asa spouse. Today I got call from case officer and now i am unsure if I will get a spouse visa. My question is can I apply for PR via skillset as I match the points needed to submit EOI. Iam unsure if this is the right platform but please assist.
    Thank you.
    Abhisek

    • Immigration Pty Ltd

      Abhisek Yes yopu can access Skill SElect if you meet the points test and criteria. GW

      On Fri, Apr 26, 2013 at 7:24 PM, Australian Immigration Blog – Grant

  267. Sorry for waste ur time and thank u for reply.So can i go on BVB and come back after lodge the application is the valid application

    • Immigration Pty Ltd

      Romy Seems to work for Partner PR applications GW

      On Mon, Apr 29, 2013 at 1:08 PM, Australian Immigration Blog – Grant

  268. Hi you are doing a great work to the community God bless you . I have a quick question. I am just finished my accounting masters course which I studied full time for two years now. I want to apply for PR and I want to get my course assessed from accounting bodies. They require 7 Bands in each component. They are demanding to academic module only and not general and Immigration accept both. Is that true. Can you tell if I can get my degree assessed with general ielts results. Because I have 7 bsands each in ielts with general module and thats what immigration wants as well. Can you please help me. I am currently on student visa subclass 573.