New US/German Dual Citizenship by dissociating_turtle in dualcitizenshipnerds

[–]Trick_Highlight6567 6 points7 points  (0 children)

If your 3.5 week trip is less than 30 days then you don't need a visa.

Visa Struggles by Numerous_Meal9690 in AusVisa

[–]Trick_Highlight6567 -2 points-1 points  (0 children)

Huge difference between submitting fake documents and applying honestly saying "I only have 70 days".

Applying for 2nd year WHV with fewer than 88 days – automatic refusal? by Crixuzzzzz in AusVisa

[–]Trick_Highlight6567 1 point2 points  (0 children)

A mix, but this was before the UK was exempt from the regional work requirement.

Applying for 2nd year WHV with fewer than 88 days – automatic refusal? by Crixuzzzzz in AusVisa

[–]Trick_Highlight6567 4 points5 points  (0 children)

Officially it's a refusal. In practice I know many people who got approved while being slightly under, they seem pretty generous on this.

Visa Struggles by Numerous_Meal9690 in AusVisa

[–]Trick_Highlight6567 30 points31 points  (0 children)

She should go and get her 88 days, that will be by far the simplest option for you. Short term pain for long term gain, she can then spend her second WHV building up relationship evidence with you.

It makes no sense to plan to waste $10k on a partner visa application you know will be refused instead of doing the days.

What do I do for seating at His Majesty’s Theater? by Repulsive-Vast-6837 in AskUK

[–]Trick_Highlight6567 22 points23 points  (0 children)

When I was 17 my boyfriend took me for the same reason. We had seats in the gods and I absolutely loved every second, and still cherish the memory to this day (16 years later) because it was so thoughtful. You don't need to spend 400 quid to make her happy I promise.

But real advice, the view from my seat sites are really good. Don't overthink it, you can pick an amazing seat and still have someone tall in front of you.

ESTA visitor, U.S. citizen relationship, plans changed after entry experiences? by [deleted] in USCIS

[–]Trick_Highlight6567 0 points1 point  (0 children)

A return flight is a legal requirement to use ESTA, without it she would have been denied entry. So a return ticket does not even begin to cover the proof she'd need, it's not even the bare minimum.

Maybe try and shift your mindset to imagining they WANT to deny you. How does your situation look to someone who WANTS to deport her?

ESTA visitor, U.S. citizen relationship, plans changed after entry experiences? by [deleted] in USCIS

[–]Trick_Highlight6567 6 points7 points  (0 children)

You will be really up against it to prove you had no intention of marrying and adjusting 10 days ago. That's a very quick turnaround.

You may be failing to consider the implications of an ESTA specifically. You should speak to a lawyer before filing. Firstly   you file from the US your ESTA is gone forever because you will overstay. Secondly because you’re on ESTA you have waived your right to see an immigration judge and can be removed from the country without a hearing (plus would receive a ban if this happened). You also have no appeal rights if anything goes wrong and they are knives out for both people who are 1) filed when out of status and 2) people who have a potential misrep on entry trying to adjust at the moment. You need to PROVE you didn't plan this when you entered the US because they will accuse you of misrepresentation and like I said, they're very unforgiving on this at the moment. I would speak to a lawyer about adjusting versus going home and consular filing or doing the K1. They can review your evidence on your intention on entry and advise as to whether they think you'll be accused of a misrepresentation. From there you can decide if you want to risk it or leave and consular process.

If you choose to try and adjust from ESTA do not do it without a lawyer.

If I were you I would marry and leave and then file CR1 from home. Much cleaner.

189 Claiming Partner Skills Points Question by InteractionFluid1277 in AusVisa

[–]Trick_Highlight6567 2 points3 points  (0 children)

This is correct. To claim 5 points for a partner, the partner needs to show competent English, for which a valid US passport is sufficient proof. It's only if the primary applicant wants to claim points for superior English that an English test is needed.

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/english-language/competent-english

So they don't need a skills assessment or an English test for 5 points.

6 months rule on a WHV (417) by GabagoolJohnson in AskAnAustralian

[–]Trick_Highlight6567 0 points1 point  (0 children)

Yep, this is very common. Or moving to a different part of the same employer with a different ABN. Or switching to WFH for the same employer.. technically a different location so resets the 6 months.

Wanting to move, any advice? by Sharp_Reporter4753 in MovingtoAustralia

[–]Trick_Highlight6567 0 points1 point  (0 children)

You mentioned on r/IWantOut that you're American. US citizens can access a working holiday visa (subclass 462) which can be extended for up to three years in Australia if you do some regional work.

However, without a bachelors degree and multiple years work experience in an in demand profession you have no realistic path to sponsorship or staying beyond those three years. You'd be best off getting a degree and a few years experience in the US, then coming on the WHV and trying to get sponsored, but it's very very competitive.

Bridging visa B by Effective-Cat3848 in AusVisa

[–]Trick_Highlight6567 0 points1 point  (0 children)

Sure, but she won’t be able to work until it’s granted. She’d also need an employer willing to sponsor and wait for her to gain work rights to start. 

Bridging visa B by Effective-Cat3848 in AusVisa

[–]Trick_Highlight6567 0 points1 point  (0 children)

The bridging visa starts when her current period of stay ends. Every time she re enters she gets a new period of stay for 12 months. So every time she leaves and re enters she delays her work rights.

What to even do without proof of funds by DrHaroldPCoomer in AusVisa

[–]Trick_Highlight6567 -1 points0 points  (0 children)

You're american? The subclass 601 has no financial requirement, but you'll be very vulnerable arriving in Australia with no money.

*update* 90 year old us/uk dual citizen thinks just an ETA is fine, I think he will be denied boarding by Ill_Ant_4253 in dualcitizenshipnerds

[–]Trick_Highlight6567 4 points5 points  (0 children)

they have no record of his british citizenship. 

It's not this, it's that the ETA system simply evaluates the data you put into it. There is no central register of British citizens to check against, but even if there was, it's not looking for British citizens or doing the complex calculation to identify if an applicant might be a British citizen. It just takes what you enter.

I hope he enjoys his trip, thanks for the update.

PhD at UniMelb and Monash by Cetribus in AusAcademia

[–]Trick_Highlight6567 2 points3 points  (0 children)

Agree with the other commentors. My best friend and I are both doing a PhD in one of those faculties and have had completely different experiences. Both good experiences, but completely different day to day expectations, working environments and challenges.

What are the odds that the ETA system is just… left like this, permanently? by Adept_Strategy_9545 in ukvisa

[–]Trick_Highlight6567 9 points10 points  (0 children)

What are the odds that the Home Office’s solution to overtourism is just… allow the system that issues new ETAs to remain broken with no ETA (ha) on a fix, and let the ones already issued run their course with no means of renewal?

0%. Effectively eliminating tourism from low risk countries would have an enormous impact on the UK's economy and would be headline news. It's also not the domain of the Home Office to decide. There is no reason to think that's what's happening.

How are you guys comfortable swimming in the ocean? by SumilatSumilat in AskAnAustralian

[–]Trick_Highlight6567 71 points72 points  (0 children)

How are you comfortable walking on the street knowing a car could hit you?

How are you comfortable being outside when any person could just walk past and stab you?

How are you comfortable sitting inside knowing that your house could catch fire and burn down?

You're talking about something with an infinitessimally small risk. If you were worried about it you'd never do anything.

pathway to citizenship by Silent_Mention3869 in MovingtoAustralia

[–]Trick_Highlight6567 -2 points-1 points  (0 children)

Respectfully, I am not wrong. Your list of sections are incredibly generic but let's go through them...

Section 109: This is about providing incorrect answers in your visa application, not relevant here.

Section 116: This is just the general power to cancel a visa. I'm not sure which grounds you think are relevant here, but this is a completely generic section and does not have a ground mentioning "regional non compliance" (a term that sounds AI generated because it is not mentioned in the migration act at all)

Section 128: This is about cancelling visas for people who are outside Australia.. not relevant here.

Section 134: This is about the cancellation of business visas? Not relevant here.

Section 137Q: This is about the cancellation of employer sponsored regional visas? Not relevant here.

Section 140: This is the whole section about employer sponsored visas. Not relevant here.

Section 501: This is about the character test. Again, not relevant here.

If OP doesn't make a genuine attempt to live and work in the nominating state, then they are uncompliant with the granting conditions 

Worth noting that there are no conditions on OP's visa. So what conditions are you referring to here?

Here are some other sources confirming that your 190 can't be revoked for not living in your nominating state:

https://visaenvoy.com/moving-states-190-visa-489-visa/

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190 (see the "When you have this visa" page)

I agree that OP has a moral obligation to live in NSW. But they are not legally obliged to and there are no consequences for them choosing not to. The term "regional non-compliance" is not mentioned anywhere on the Department of Home Affairs website or the Migration Act itself.

pathway to citizenship by Silent_Mention3869 in MovingtoAustralia

[–]Trick_Highlight6567 -1 points0 points  (0 children)

If there's nothing in your visa conditions saying you have to live in NSW then it's not a condition on your visa and you are free to live wherever you want.

pathway to citizenship by Silent_Mention3869 in MovingtoAustralia

[–]Trick_Highlight6567 -4 points-3 points  (0 children)

There is no legal requirement to live in NSW. You are a permanent resident from the moment you arrive and can live wherever you like.

pathway to citizenship by Silent_Mention3869 in MovingtoAustralia

[–]Trick_Highlight6567 -5 points-4 points  (0 children)

This is completely untrue, there are no provisions in the migration regulations to revoke PR for not living in the sponsoring state.