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Thursday Answers – Overstaying a visa and what that means for you

Australian partner visa answers

Overstaying an expired visa and how that affects your application

Thursday Answers are a response to questions submitted by readers on our regular Ask Mondays posts.

Every Monday I ask people to send in their questions and concerns and I select one to answer. In doing this, I hope you will see that a) you’re not alone in this, b) there are no stupid questions and c) we’re all here to help!

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Third Edition of the Australian Partner Visa Guide Out Today

Launching the Third Edition of the Australian Partner Visa Guide with even more content, insights and examples of statutory declarations to give you the tools to do your own partner visa applications

Australian Partner Visa Guide 2019 Third Edition

 

Australian partner visas have had some changes since the last edition of the book launched November 2017. As I updated the blog with the changes I was working simultaneously on the third edition of the Australian Partner Visa Guide. I am now very proud to announce that once again I’ve expanded on the Australian Partner Visa Guide and in this third edition; there are more insights, more tips and more information on how you can put together the most successful partner visa application.

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Partner Visa Fees and Costs 2019

Australian partner visa application charges, fees and costs

Last updated: 29 May 2019

Here’s the raw data for the infographic that I created comparing partner visa application fees across the world.

I collected these partner visa fees from the Department’s website as far back as they would let me have it. When I created the infographic, the Department was still being transparent about the price increases and had on their site a full list of partner visa application charges from 2004. Now, if you search for it, it will return a ‘not found’ – I wonder why…

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Why are partner visa applications refused?

why are partner visa applications refused appeal review

 

Today, we’re going to talk about the common reasons why an Australian partner visa may be refused.

Depending on where the applicant is when they lodge the application, there may be review rights.

If the applicant is offshore and applies for a partner visa, and it is refused, the applicant does not have the right to a review.

If the applicant is onshore when they apply for the partner visa, and it is refused, the applicant may lodge an appeal to have the decision reviewed.

A review is a different process in the Administrative Appeals Tribunal. “The AAT can review some, but not all, decisions about visas made under the Migration Act 1958 by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration.” You can read more about the AAT here.

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Partner visa applications without registered migration agents are more successful

Hi readers!

I’ve got some interesting statistics for you today.

Have you ever had a look at the Department’s Freedom of Information page located here?

What is Freedom of Information you ask? It’s basically where we, the individuals of this country, can hold the government and their agencies accountable for what they do. We are entitled to a certain amount of transparency to see how the government works and how they make decisions on our behalf.

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Partner Visa Changes in June/July 2019 – Sponsorship requirements and approval

partner visa wrong answer

Changes to Partner Visa Sponsorship Requirements in June 2019

In yet another example of how inexperienced (and even the most experienced) migration agents have bungled the interpretation of the law (remember some migration agents are not lawyers) are the proposed changes to the Partner Visas coming in June 2019.

Every migration agency under the sun is heralding a change that supposedly would require the Australian sponsor to be approved before the visa application. They’ve all variously said that the approval process is a separate process and may take anywhere up to 12-15 months (where they got this number from I’m not sure but they were probably projecting from past numbers). They’ve all claimed that because of this splitting of the process, that everyone should run to them immediately so that their migration agents can help you get your applications in before then (and charge you a mint for it!). They’ve erroneously concluded that if the sponsorship needs to be approved first, then the visa applicant can’t make a visa application until then and there may not be a bridging visa for the visa applicant (if they’re onshore).

This is wrong. Just downright, blatantly wrong.

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