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On Visa 572 - need another one

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herbert15 View Drop Down
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  Quote herbert15 Quote  Post ReplyReply Direct Link To This Post Topic: On Visa 572 - need another one
    Posted: 02/August/2013 at 16:57
Hi, I am currently on Visa Subclass 572 and would finish my course this December,2013. I would like to make another student visa after this course and was wondering if my de facto partner can be included in my upcoming new application. She was once a student and was given a Bridging Visa C, she opted to go home overseas as she has no working rights on that visa and cant stay because of financial hardships in paying her tuitions. She went to the Philippines last June. I have read that she had breached her visa and would be on a exclusion period. Would this still apply if I include her on my upcoming application as my dependant family member? we have satyed and lived together here in Australia for more that a year, with documents from our rental, house bills and a joint bank account and a de facto licence from the Australian government. Will the breach stop us from applying together with me studying and her as my dependant? Hope you can help.

MarkNortham View Drop Down
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  Quote MarkNortham Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2013 at 15:56
Hi Herbert -

Thanks for the note. Persons who depart Australia while holding a Bridging visa C, D or E have a 3-year temporary visa exclusion period automatically imposed. This means they cannot apply for another temporary visa (which would include a student visa, visitor visa, 457 temporary work visa, etc) for 3 years from the date the exclusion period was imposed, unless they get a waiver. An exclusion period waiver is available if the person can demonstrate how it is in the best interests of Australia and/or Australians (ie, citizens or permanent residents, or businesses) that the person be allowed to return to Australia prior to the end of the three-year period.

Exclusion waivers are tricky, as it can often take some detailed research to come up with reasons and angles that satisfy the requirements. Also, a lot comes down to the judgement of the case officer who assesses the exclusion waiver submission.

So yes, the exclusion waiver would prevent her from applying, whether on her own or as a secondary applicant on your application. To do what you propose you have 2 challenges regarding including her: First, you need to put together a successful application for an Exclusion Period Waiver. After that, you'll need to provide sufficient evidence of your defacto relationship - living together for 12 months or more is a good start, as are the joint bills, etc you mention. Not sure what you are referring to by a "defacto license" but if you mean you registered your relationship with the Australian state you lived in, that would also be helpful relationship evidence.

Please advise if I can assist further -

Best,

Mark Northam
Mark Northam
Registered Migration Agent
Northam & Associates
Sydney, Australia
http://mnvisa.com

herbert15 View Drop Down
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  Quote herbert15 Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2013 at 19:12
Thank you for the reply Mark, yes that is waht we did. We registered our relationship in NSW Government. would it be hard to apply for the waiver? Would it take long?What options might we have? Thank you again.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2013 at 22:11
Mark has given you some good points,
An exclusion period waiver is available if the person can demonstrate how it is in the best interests of Australia and/or Australians (ie, citizens or permanent residents, or businesses) that the person be allowed to return to Australia prior to the end of the three-year period.
Perhaps if you were to address those points in your reply he may be able to provide some guidance. However if you have nothing to address any of those points, your partner may need to wait out the exclusion period.


I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

MarkNortham View Drop Down
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  Quote MarkNortham Quote  Post ReplyReply Direct Link To This Post Posted: 06/August/2013 at 13:08
Hi Herbert -

Generally exclusion waivers are difficult to get, unless there is a clear-cut case with good evidence that Australia and/or Australians will benefit from a waiver of the exclusion period. When we have clients who need these, we conduct an in-depth interview to try and uncover any and all possible factors that could work in the client's interest re: benefits to Australia, etc.

Best,

Mark Northam
Mark Northam
Registered Migration Agent
Northam & Associates
Sydney, Australia
http://mnvisa.com

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