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Old 14-01-2008, 01:52 PM   #1 (permalink)
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I'm going slightly mad!!!

I'm really starting to lose the plot regarding this visa business!! I cannot tell you how many agents I have contacted to see if we can apply under skilled visa route and how many different answers I have had from each and every one of them!!

I accept ours is not a straightforward case, but it just seems that there is no uniform rule that they all adhere to when assessing our chances. I have read (and re-read!) the TRA UAC myself and questioned them all on it - some say yes, we can get you through on pathway B, now today another says they will get us through on pathway C (they, at least, offer a refund if application fails!).

Yes, I accept its not a clear cut case, but my head is literally spinning on a daily basis being told different things - we are no further forward today than we were 2 months ago when I started.

Am I better paying a "no win, no fee! agent and just seeing what happens?
Am I better looking at a sponsered visa - which has been another suggestion?
Am I better just forgetting the whole idea (not a chance - I've started, so I'll finish!!)

Just need to let off some steam, coz I STILL have no idea which way we are heading - other than completely round the twist!


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Old 14-01-2008, 07:08 PM   #2 (permalink)
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Hi

Can't help you but there are a few agents on this site maybe one of them will be able to help you?

Maybe start a post calling for agents help?

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Old 14-01-2008, 07:27 PM   #3 (permalink)
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With what skill are you applying? What was your points score? Why isn't it straight forward?

Have you checked the immi web site? Department of Immigration and Citizenship This will tell you what visas you qualify for.
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Old 14-01-2008, 09:57 PM   #4 (permalink)
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Hi ss23

This is what Alan Collett wrote to you on 24 November 2007 - less than two months ago.

************************************************** *********

I think you have a challenge on your hands, because your OH will be required to demonstrate a "skills transition" to the satisfaction of Trades Recognition Australia if he is to secure the required skills assessment classification, which is a threshold requirement for a general skilled visa.

TRA's Uniform Assessment Criteria are relevant here:
http://www.workplace.gov.au/NR/rdonl...tember2007.pdf

The removal of TRA's Skills Pathway D in September adds another problem to your securing the TRA classification. This Pathway allowed for the recognition of skills acquired "on the tools".

I recommend you have a chat with two or three recommended agents to explore this more fully. Feel able to have a chat with my migration agent Stephen Dickson as well (T 00 61 3 9935 2929 - Melbourne, which is +11 hours from the UK => telephone after 10pm in the evening UK time which is 9am the following day here).

If the skills assessment hurdle is a real problem you may then want to look at securing an employer sponsorship. So long as the employer is happy to look at sponsoring you for a visa under long term temporary subclass number 457, or (if in "regional Australia) a permanent residency visa under the Regional Sponsored Migration Scheme you may have a means of making the move.

In this latter regard see also:
Find a Job in Oz

Hope this helps - good luck!
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************************************************** ***********

As I understand if from your threads, OH now works full time as a plasterer but he learned his trade in his spare time, from a friend, so he does not have any formal qualifications in this field, nor did he complete a formal apprenticeship in the traditional sense.

It seems to me that your options are as follows:

1. Hubby goes to college in the UK and gets some formal qualifications and experience that would bring him within the ambit of Pathway B; or

2. You take an almighty financial risk by taking yourselves and your children off to Australia on a student visa and just hope that whatever training course OH (or you) might undertake there will still be on the MODL by the time it comes to seeking permanent migration, that the legislation does not alter in a way that would leave you in the lurch and so on; or

3. You find an employer who is willing to employ hubby as a plasterer either on a 457 visa to start with (most likely) or maybe via an RSMS visa if the employer and the job happen to be in regional Australia. Hubby would not need a skills assessment in order to be eligible for either of these visas. If he were on a 457 visa for 2 years, he would be able to upgrade to an ENS visa or an RSMS visa afterwards as long as he can get the necessary sponsorship.

Personally I don't see where Pathway C might be relevant to this.

It is less than two months since Alan Collett first suggested that you should look for employer sponsorship. That is nowhere near long enough in which to give yourselves a reasonable chance of finding such an employer - especially since all notions of work closed down for nearly 3 weeks over Christmas and New Year and many, many Australian employers are on holiday throughout January.

Most of the people who have been successful in securing employer nomination and sponsorship will tell you that they spent literally hundreds of hours scouring the Web, finding possible leads and despatching CVs. Mostly they will tell you that they sent 50-100 e-mails and had maybe only 3 responses, out of which only one eventually metamorphosed into a visa.

Trying to get the sponsorship is MUCH harder graft than you imagine, lassie. It requires solid, sustained and relentless effort. On your particular set of facts, there simply isn't a kwik-fix solution. Any Agent who tries to tell you that there is one is a False Messiah, I strongly suspect.

Don't be seduced by the "no visa = full refund of fees" promise either. Unless the Contract is governed by English Law you wouldn't even be able to sue in the Small Claims Court in the event that your cash were not returned promptly and anyway these deals always exclude a refund of fees paid to third parties such as the TRA and DIAC. It is perfectly possible for 2 parties to enter into a written contract in the UK but to agree in it that the agreement will be governed by the law of Timbuctoo. Which is not a lot of use if you ever need to sue on it.

For your own sakes, please, please be extremely careful about how you proceed.

Best wishes

Gill
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Old 15-01-2008, 12:28 AM   #5 (permalink)
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sadsmile ,,from an ''outsider'' point of view Alan and Gill are normally right and have even got folks a visa that were told ''no way,never''.i would seriuosly consider their advice,good luck with everything
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Old 15-01-2008, 02:30 AM   #6 (permalink)
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sadsmile ,,from an ''outsider'' point of view Alan and Gill are normally right and have even got folks a visa that were told ''no way,never''.i would seriuosly consider their advice,good luck with everything
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Errrm, Cal dear!!!!

Flattering though your post is, I think Alan is the only one of the two of us who can genuinely claim to work miracles with visas!

But I agree with you wholeheartedly that he can.

Cheers

Gill :)
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Old 15-01-2008, 09:37 AM   #7 (permalink)
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Originally Posted by Gollywobbler View Post
Hi ss23

This is what Alan Collett wrote to you on 24 November 2007 - less than two months ago.

************************************************** *********

I think you have a challenge on your hands, because your OH will be required to demonstrate a "skills transition" to the satisfaction of Trades Recognition Australia if he is to secure the required skills assessment classification, which is a threshold requirement for a general skilled visa.

TRA's Uniform Assessment Criteria are relevant here:
http://www.workplace.gov.au/NR/rdonl...tember2007.pdf

The removal of TRA's Skills Pathway D in September adds another problem to your securing the TRA classification. This Pathway allowed for the recognition of skills acquired "on the tools".

I recommend you have a chat with two or three recommended agents to explore this more fully. Feel able to have a chat with my migration agent Stephen Dickson as well (T 00 61 3 9935 2929 - Melbourne, which is +11 hours from the UK => telephone after 10pm in the evening UK time which is 9am the following day here).

If the skills assessment hurdle is a real problem you may then want to look at securing an employer sponsorship. So long as the employer is happy to look at sponsoring you for a visa under long term temporary subclass number 457, or (if in "regional Australia) a permanent residency visa under the Regional Sponsored Migration Scheme you may have a means of making the move.

In this latter regard see also:
Find a Job in Oz

Hope this helps - good luck!
__________________
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Registered Migration Agent Number 0102534 and Chartered Accountant (England & Wales, and Australia)
Offices in the UK and in Australia

************************************************** ***********

As I understand if from your threads, OH now works full time as a plasterer but he learned his trade in his spare time, from a friend, so he does not have any formal qualifications in this field, nor did he complete a formal apprenticeship in the traditional sense.

It seems to me that your options are as follows:

1. Hubby goes to college in the UK and gets some formal qualifications and experience that would bring him within the ambit of Pathway B; or

2. You take an almighty financial risk by taking yourselves and your children off to Australia on a student visa and just hope that whatever training course OH (or you) might undertake there will still be on the MODL by the time it comes to seeking permanent migration, that the legislation does not alter in a way that would leave you in the lurch and so on; or

3. You find an employer who is willing to employ hubby as a plasterer either on a 457 visa to start with (most likely) or maybe via an RSMS visa if the employer and the job happen to be in regional Australia. Hubby would not need a skills assessment in order to be eligible for either of these visas. If he were on a 457 visa for 2 years, he would be able to upgrade to an ENS visa or an RSMS visa afterwards as long as he can get the necessary sponsorship.

Personally I don't see where Pathway C might be relevant to this.

It is less than two months since Alan Collett first suggested that you should look for employer sponsorship. That is nowhere near long enough in which to give yourselves a reasonable chance of finding such an employer - especially since all notions of work closed down for nearly 3 weeks over Christmas and New Year and many, many Australian employers are on holiday throughout January.

Most of the people who have been successful in securing employer nomination and sponsorship will tell you that they spent literally hundreds of hours scouring the Web, finding possible leads and despatching CVs. Mostly they will tell you that they sent 50-100 e-mails and had maybe only 3 responses, out of which only one eventually metamorphosed into a visa.

Trying to get the sponsorship is MUCH harder graft than you imagine, lassie. It requires solid, sustained and relentless effort. On your particular set of facts, there simply isn't a kwik-fix solution. Any Agent who tries to tell you that there is one is a False Messiah, I strongly suspect.

Don't be seduced by the "no visa = full refund of fees" promise either. Unless the Contract is governed by English Law you wouldn't even be able to sue in the Small Claims Court in the event that your cash were not returned promptly and anyway these deals always exclude a refund of fees paid to third parties such as the TRA and DIAC. It is perfectly possible for 2 parties to enter into a written contract in the UK but to agree in it that the agreement will be governed by the law of Timbuctoo. Which is not a lot of use if you ever need to sue on it.

For your own sakes, please, please be extremely careful about how you proceed.

Best wishes

Gill
Hi Golly, thank you for your words of wisdom.
Could I firstly point out that hubby DOES have qualifications in his trade - he has NVQ level 2 which Stephen Dickson at Go Matilda confirmed the TRA DO accept as the 900 hours formal training.
Secondly, regarding my apparent impatience, I am aware of the Xmas + NY hols and do not want you, or anyone else, to think that I am dis-regarding Alan Collett's comments.
I am merely trying to explore EVERY possible avenue we have and we are still awaiting the re-opening of pathway D (as per Stephens advice).
Regarding employer sponsership, this is actually our prefered route of entry at the moment and we do have several leads that will, hopefully, materialise into something. I am under no illusions that this is going to be an easy passage, nor would I want it to be. We have 3 children to consider in this move and under NO circumstances would I jeopordise their lives in the UK because of some day-dream their mummy has! I am simply the kind of person who picks through every detail with a fine toothcomb BEFORE reaching a decision.
I am also aware of the non-refundable fees for the TRA & DIAC.
I am not looking for a "kwik-fix" solution to this, as you put it. Believe me, I am more than one my way to the "hundreds of hours on the Web" and this has been a long term wish for myself and my family - unfortunately, none of us saw the TRA withdrawal coming on September 1st - perhaps if I had had my crystal ball tuned in, I would not need to be posting my frustrations on this site!
I am grateful for all input and advice anyone gives us, but I do not wish to mislead anyone into thinking we are just after a fast-track solution. Far from it - this is a life-changing decision and one that we as a family will not enter into lightly.
Perhaps I should also point out that this particular agent has had a client in exactly the same position as hubby who they have recently had a positive TRA assessment for. Their method of presenting info to the TRA has been explained to me, so it does appear that the pathway c could be a credible option.

Jill

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Old 15-01-2008, 10:03 AM   #8 (permalink)
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Hi Golly, thank you for your words of wisdom.
Could I firstly point out that hubby DOES have qualifications in his trade - he has NVQ level 2 which Stephen Dickson at Go Matilda confirmed the TRA DO accept as the 900 hours formal training.
Secondly, regarding my apparent impatience, I am aware of the Xmas + NY hols and do not want you, or anyone else, to think that I am dis-regarding Alan Collett's comments.
I am merely trying to explore EVERY possible avenue we have and we are still awaiting the re-opening of pathway D (as per Stephens advice).
Regarding employer sponsership, this is actually our prefered route of entry at the moment and we do have several leads that will, hopefully, materialise into something. I am under no illusions that this is going to be an easy passage, nor would I want it to be. We have 3 children to consider in this move and under NO circumstances would I jeopordise their lives in the UK because of some day-dream their mummy has! I am simply the kind of person who picks through every detail with a fine toothcomb BEFORE reaching a decision.
I am also aware of the non-refundable fees for the TRA & DIAC.
I am not looking for a "kwik-fix" solution to this, as you put it. Believe me, I am more than one my way to the "hundreds of hours on the Web" and this has been a long term wish for myself and my family - unfortunately, none of us saw the TRA withdrawal coming on September 1st - perhaps if I had had my crystal ball tuned in, I would not need to be posting my frustrations on this site!
I am grateful for all input and advice anyone gives us, but I do not wish to mislead anyone into thinking we are just after a fast-track solution. Far from it - this is a life-changing decision and one that we as a family will not enter into lightly.

Jill
Hi Jill

If Hubby can qualify under Pathway B - which is what you now seem to be saying - why are you not following that route because it could pave the way to instant PR - depending on your points total, which you ahave never discussed on PiO?

If you do not have enough points but you have not mentioned that on here then you are are inviting duff advice from PiO members because nobody can offer accurate advice without ALL of the relevant information.

Sorry - maybe I am confused but I simply cannot understand why you are messing around with any more difficult and exotic ideas than Pathway B if you do not need to?

Puzzled

Gill
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Old 15-01-2008, 10:30 AM   #9 (permalink)
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Hi Jill

If Hubby can qualify under Pathway B - which is what you now seem to be saying - why are you not following that route because it could pave the way to instant PR - depending on your points total, which you ahave never discussed on PiO?

If you do not have enough points but you have not mentioned that on here then you are are inviting duff advice from PiO members because nobody can offer accurate advice without ALL of the relevant information.

Sorry - maybe I am confused but I simply cannot understand why you are messing around with any more difficult and exotic ideas than Pathway B if you do not need to?

Puzzled

Gill
Hi Golly,
Stephen Dickson at Go Matilda advised that we would be a higher risk application - reason is from 2001-2004 hubby learnt trade under qualified tradesman 20-25 hours per week - Stephen advised that TRA would only accept this as informal apprenticeship if 40 hours per week. Hubby has worked full time since Aug 2004, so does not have enough years "full-time" experience to satisfy TRA. However, another 2 agents (!) confirm to me that TRA have been forced to accept cumulative hours as evidence of work experience - one agent advised that he would argue the case as OH having 24.5 months of work experience from the 37 months "part-time".

Can you now see the dilemmas that keep getting thrown my way? I have spoken to numerous agents, many of whom say they can see a way of getting a positive assessment, but this latest agent is actually the first who has first-hand experience of a similar case, in which they have had positive results.
We are still happy to go down the sponsership route, but if we could get TRA before we go, then could apply for PR much sooner once we are in Oz (like billy braveheart, who has been added to my buddy list!!).

jill
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Old 15-01-2008, 10:35 AM   #10 (permalink)
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Hi Jill

If Hubby can qualify under Pathway B - which is what you now seem to be saying - why are you not following that route because it could pave the way to instant PR - depending on your points total, which you ahave never discussed on PiO?

If you do not have enough points but you have not mentioned that on here then you are are inviting duff advice from PiO members because nobody can offer accurate advice without ALL of the relevant information.

Sorry - maybe I am confused but I simply cannot understand why you are messing around with any more difficult and exotic ideas than Pathway B if you do not need to?

Puzzled

Gill
P.s. maybe the reason my posts are receiving duff advice, is because my head has been swsimming from all the conflicting advice i've had in recent weeks from different agents!! i can only apologise if ive misled or confused anyone, but i'm beginning to have difficulty distinguishing my left hand from my right just now!! lol


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