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Killara

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Killara last won the day on April 30 2015

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  1. hi,

    I like to ask you some questions. I am a lawyer from Bangladesh. I am also an admitted lawyer, Supreme Court of NSW. i want to migrate to Australia. Can I apply for subclass 190 or other skilled migration subclass as a Barrister? Can I use my pre-qualification job experience that I obtained in Bangladesh jurisdiction for getting some points ?

    I would be grateful if you could suggest me.

     

  2. 1. Agree with the consensus - apply online. (Or use a registered migration agent who will). 2. You probably do need to get some professional advice about the evidence to submit. The lease in joint names and transfer each month to pay your share of the bills would not be enough, as this can be the case even with friends renting together. Evidence from family such as the joint correspondence and statutory declarations that you mention would help (depending of course on what they say). DIBP need evidence that you are in a relationship that is akin to a married relationship, not just as boyfriend/girlfriend. I would second this concern. For some of the pitfalls and advice against using DIY wills, this Sydney Morning Herald article: http://www.smh.com.au/money/planning/avoid-pitfalls-of-a-diy-will-20120403-1w9vx.html. If you going to do Wills (which I would recommend anyway - as a sensible thing to do), then do it for the right reason - to ensure that your wishes are accurately given effect if anything were to happen to you. It is good that you are looking at this now rather than in a year's time when you plan to move to Australia given the time it has been taking to process partner visa applications lately.
  3. Work in the UK as a lawyer would count towards overseas skilled employment. Work in Australia prior to your admission as an Australian Lawyer most likely would not be counted as skilled employment in the occupation as you were not working as a local lawyer if you had not yet been admitted as such. If the work you did in Australia was in fact practise of UK law (e.g. as an Australian-registered foreign lawyer), then this may count. Time as a trainee lawyer will depend on whether you had been admitted as a lawyer (in the jurisdiction of the traineeship) before the traineeship or only after completing the traineeship. No points for completing the law subjects required by LPAB, unless you were in fact awarded the diploma.. but I am assuming you only did a few subjects to complete requirements for admission rather than enough for diploma to be awarded. If you have academic qualifications from UK though you will most likely be able to claim points for your UK academic qualifications.
  4. No, it will not mention anything about whether you are eligible or not to apply for PR or for any other visa. The Council does not give advice about eligibility for visas. http://www.lawadmissions.vic.gov.au/home/overseas+applicants/information+for+overseas+practitioners/migration+matters/
  5. Hi @summerdaisy. They do not need to have been in the relationship for 2 years. That is incorrect advice. They can apply for a partner visa as they are in a registered relationship. They will of course still need to prove that the relationship is genuine, continuing, and akin to a married relationship.
  6. Another possibility (this is just speculation also) is that invites were done ahead of the specified invitation round date because DIBP staff will be on strike from today to 26 June. http://www.newsroom.immi.gov.au/releases/60879986-528a-4cfe-bbe4-16b879795994
  7. For the academic subjects, studying them at LPC or using the skills in practise is usually not sufficient - an applicant is usually required to have completed the academic subject as part of their undergraduate degree. In addition to administrative law, you will be required to do Australian Constitutional Law as presumably you have not done Australian Constitutional Law, and Legal Ethics if you did not do that as part of your undergraduate degree (doing it in LPC does not count - but they may give you an exemption for this based on the fact that you will be considered to be an experienced practitioner - being more than 7 years in practice.. so you or may not have to do Legal Ethics as an academic subject). You may also be required to do Property Law, even if you have passed that in your undergraduate degree, as they may not consider the course which you completed to be equivalent to the Australian course. For the PLT, you are correct - I would expect that you will be required to do Trust & Office Accounting, and Professional Responsibility, and I think that it would be realistic for you to be hopeful that you will be granted an exemption for the remaining PLT subjects.
  8. DIBP have confirmed the June Invitation Round Dates here: http://skillselect.govspace.gov.au/2015/06/03/june-invitation-round-dates-for-skillselect/
  9. When you apply for the WHV, you will of course need to declare the conviction. Your application will then be flagged for a case officer to review. The case officer will need to decide whether you pass the character test for the grant of the visa. If you had received a term of imprisonment of 12 months or more (even if that term of imprisonment was suspended) then you would have been deemed to not pass the character test. Because you are not in that position, there is not that automatic finding, and a case officer needs to decide taking into account all of the circumstances, whether you do or do not pass the character test. The fine is a substantial fine, and 300 hours of community service is a lot. Was a term of imprisonment indicated if you were to fail to complete the 300 hours? A case officer would also take that in to account. The case officer is also required to consider the liklihood of re-offending in Australia. In this regard, certainly the character references are going to be important, because they provide some evidence that the offence is likely to be a one-off incident and that you have learnt your lesson; also, if you have ever done other voluntary work or given up your time to assist others, then references from them may also be useful as they show good character. Against the character references, on the other hand, the case officer will be considering the risk that you could commit a similar offence while in Australia. As a working holiday maker, you will may be in similar type roles for Australian employers.. Australia is expensive, and if you struggle financially to support yourself in Australia from the work you are getting (a factor which you say led to you offending last time), what is the risk that you might be tempted to commit a similar offence against an unsuspecting Australian employer? I am not asking that question of you - but these are the types of things that a case officer will be considering. In your application for a working holiday visa, you should include your criminal history police certificate, the character references, and also a personal statement / submission to the case officer as to why you should be considered to pass the character test and granted the working holiday visa. You may wish to consider using a registered migration agent to assist you in preparing a character submission, and I would recommend that you do use one that has experience in preparing character submissions (but of course you would probably expect me to say that anyway!).
  10. The occupation lists change very regularly, so no one can guarantee what occupations will or will not be on the list in 6 years time. In terms of changes to occupation lists and Australian immigration rules, 6 years is a very long time; visa classes and eligibility rules change frequently. Having said that, in terms of professions and prospects to migrate to Australia, doctors are engineers are in my opinion likely to remain high in demand in Australia. But these are very challenging courses at university to pursue, and having the academic ability for them is often not enough - the desire to actually be a doctor or engineer is equally important for getting you through the years of long study and difficult exams. I remember from my university days people who were incredibly bright, achieved top marks in school, and went in to these courses simply because they could, without really knowing what they wanted to do in life. They had the academic ability for the courses, sure, but they didn't have the passion for it; university life offered them better ways (in their opinion) to spend their time - through social clubs and societies, the student bar, etc.. and of course then they struggled in the exams, maybe failed and repeated and year, and then ultimately dropped out completely, saying they never wanted to be a doctor (or engineer) anyway. So I wouldn't recommend pursuing a particular university course simply because it might be a good one to get you to Australia. If you want to live in Australia in the longer term, then realistically, you are going to need to complete a university degree. Australia wants skilled migrants, and having a university degree is part of the "points" assessment. Being an electrician is an option, but it is not an easy path for migration to Australia. You will need not just the qualification, but also lots of experience before being able to migrate to Australia.. and even then there is no guarantee that you will be able to get work in Australia as an electrician. You would be competing against those who qualified as an electrician in Australia and perhaps who have Australian experience (this is why you would need to at least have a few years experience post-qualification as an electrician before maybe being able to migrate to Australia and find a job). Have you considered coming out to Australia now, perhaps on a Working Holiday Visa? You could spend up to 2 years in Australia, and that would give you time to see whether it really is a place that you might want to live longer term. That would also give you an opportunity to see for yourself what the job market in Australia is like, maybe get an idea for yourself what occupations are in demand. If at the end of the Working Holiday, you still have the Australian dream - perhaps even more so having spent the time there and checked it out for yourself, then you could go back to the UK, and hopefully by then have a better idea of what career you might be passionate about, and motivated to get through the university course, knowing what you will need to do to qualify in a career, and get back to Australia on a skilled or other visa. Contacts that you would make in Australia - friends that you would make and potentially employers that you would meet, may also help to improve your prospects of finding a longer-term solution for staying in Australia.
  11. Australian citizens have the legal entitlement to enter Australia (regardless of passport). If an Australian Citizen can prove that they are an Australian citizen, then they are entitled to be admitted to Australia without presenting an Australian passport to Australian immigration. The main difficulty though would be how the Australian citizen would get to Australia in the first place. An example of where an Australian citizen may enter Australia on a foreign passport is in the case of having an "Australian Declaratory Visa" (which is a misnomer, but it is not really a visa): http://www.immi.gov.au/faqs/Pages/what-is-an-australian-declaratory-visa-1.aspx. To be granted an Australian Declaratory Visa, there must be some emergency or other reason why the holder cannot obtain and travel on an Australian Passport. Australian citizens are not legally eligible to be granted a visa (in the normal sense) for Australia. The eligibility requirements for the grant of these visas include that the applicant is a non-citizen. Therefore, if a visa were to be granted to an Australian citizen, it would be null and void. Persons considering doing this should also be aware that it is a criminal offence in Australia to provide information to a Commonwealth entity which is false or misleading. Invariably this would be done if the Australian citizen sought to enter Australia pretending to be a non-citizen or applying for any class of visa other than the "Australian Declaratory Visa". While the immi website certainly strongly implies that it is a legal requirement for an Australian citizen to leave and enter Australia only on an Australian passport, the true position is better described on the government's smartraveller website: https://www.smartraveller.gov.au/tips/dual-nationals.html :
  12. Also assuming that the residence requirements are not increased before she becomes eligible to apply. The Australian government is currently considering increasing the required period of residence (among many other proposed changes to the Australian Citizenship Act). I expect we will see amendments to the Australian Citizenship Act within the next few months.
  13. Where will you be lodging the 461 application? 461 applications lodged in New Zealand are currently taking more than 6 months in many cases. (Just something to be aware of because processing time appears to be an important factor for you in deciding what visa to apply for). However it would still be longer of course for the 189 as you have not started the process yet and there is quite a bit to be done before you would be ready to lodge the 189 application.
  14. Hopefully your migration agent did provide some advice to you on the risk that your partner might be refused entry on arrival in Australia on a visitor visa. The final decision will rest with the immigration officer when you land in Australia. If that immigration officer decides that your partner is not a genuine visitor, your partner may be refused immigration clearance, have the visitor visa cancelled, and be put back on a plane to the UK. The fact that the preference is to buy a one way ticket "given she wont be returning" suggests that an immigration officer would have grounds to cancel the visitor visa. Earlier you talked about 3 month holiday visa, and in your latest post you talk about applying "onshore for a partner/spouse visa ... after gaining a bridging visa and before her 12 month visitor visa expires". You won't gain a bridging visa before applying onshore for the partner visa - the bridging visa is granted after the a valid application for the onshore visa is lodged (so you seem to have that the wrong way around); your partner is not likely to be granted a 12 month visitor visa - but that may actually be in her best interests that she get a shorter visitor visa as being on a bridging visa awaiting the outcome of a partner visa application would be more beneficial to her than being on a visitor visa... but presumably your migration agent has explained all of this to you.
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