Guest whattodoforbest Posted September 11, 2009 Share Posted September 11, 2009 Hi.....lots of questions re moving Link to comment Share on other sites More sharing options...
grainne73 Posted September 11, 2009 Share Posted September 11, 2009 Hi I'm afraid I cant answer any of your questions (hopefully someone come along that can) but I just wanted to say that I feel for you both and hope things work out ok in the end. grainne Link to comment Share on other sites More sharing options...
Guest juliemtaylor Posted September 11, 2009 Share Posted September 11, 2009 honestly with this amount of questions I would seek a good Agent - try Go Matilda or George Lombard - both on here too... Julie x Link to comment Share on other sites More sharing options...
Guest destinationoz Posted September 11, 2009 Share Posted September 11, 2009 Lots of questions that I can't answer I'm afraid .... an agent will help will may charge ... I'd be tempted to read the DIAC website first and phone some agents with a couple of key Q. My narrow understanding is that you can't just stay in Oz on a tourist visa - you need to come back to UK and apply properly, have meds, police checks etc etc .... they could end up shootig themselves n the foot if they don't follow the right process then no-one will end up going .... but I don't fully undertand everything .... good luck either way Link to comment Share on other sites More sharing options...
Guest Katc78 Posted September 14, 2009 Share Posted September 14, 2009 Hi there Wow, complex situation! Okay, so I'm no expert, but I'm Aussie and have worked in government for about 7 years, so might be able to point you in the right direction... Have you checked out the different options for the skilled migrant visas? This is the list if you are in Australia Visa Options – Professionals and other Skilled Migrants – Workers – Visas & Immigration Reading the descriptions, it's pretty clear to me that you can't just apply for a skilled migrant class visa in Australia. And, going from my experience and what I've heard/read from others, it's not a straightforward or fast process. You need to have all skills recognised by Australian authorities, and you even have to take an English test (yes, even if you are coming from another English-speaking country like the UK). The only way I can see that they'd get in to Aus and be legally able to work, apart from the above, is to be sponsored - either by an employer or by an Aus citizen, and there are some pretty big undertakings on the part of the sponsor, so unless they've got family there or very close friends, this is a pretty unlikely option. I very much doubt an employer would sponsor someone who hasn't got their skills recognised officially in Aus... and it doesn't sound like she's exactly experienced either! I don't know WA at all, so don't know the place you've mentioned, but it appears to be a suburb of Perth. If it was outside Pert, I was going to suggest she might be attempting to apply for a visa as a regional worker. Because Aus is so huge and spread out, there is a massive demand for workers in more remote areas, and it's easier to get in that way. In terms of the OH adding them to his visa - here is a link which might help explain the options Professionals and other Skilled Migrants - Workers - Visas & Immigration Note that the only way they can be added is if that visa is a TEMPORARY one - if it's permanent, they can't be added at this stage. And there might also be restrictions on her right to work because her skills haven't been assessed and she isn't being sponsored (eg. taken care of financially by an Aus citizen or perm resident). On the other hand, if the OH is on a permanent visa (eg. is classified as a Permanent Resident), then he may be able to sponsor her (and the child would be included) to come to Aus on some sort of spousal visa. Pretty complex and long winded though! Just on the issue of the child, in order to take her along with her, there will be lots of paperwork to sort out re. custody arrangements - ie. she's your OH's daughter too and so there has to be a legal, written explanation of the details of custody of the child first (I know this because it applies to all the visas I've seen so far). Anyway, I'm sure that hasn't answered anywhere near all your questions, and much of it is just intelligent assumptions, but hopefully gives you something to go on. My reading of the situation is that, although the ex might get there eventually, coming back to the UK for two weeks isn't enough time to apply as she needs to (eg. get meds, police checks, skills recognition, English testing, etc etc), and being in Aus, she'll have a hard time getting everything together and submitting it and still being legally able to remain in the country in the meantime (never mind working - no chance of that! Not only do you have to have your skills recognised, you've got to ensure they are good enough - eg. Aus won't accept any old Joe Bloggs, they need to be valuable to the Aussie economy, and I think if she wants to work there, she will need to demonstrate this, regardless of whether she manages to get added to her OH's visa - that would just be to remain legally in Aus, not to work). In addition, if her OH has the 175, then she can't be added to it, as it's a permanent resident visa - she'd need to apply separately or be sponsored. I can't see any compassionate grounds either - eg. if they had a kid together, she could say she needs to be with him etc in Aus (but still not be able to work) but realistically speaking, she's going to have to get her own visa if he has the 175. Aus is definitely the last place I'd try to wrought the system - they are vigilant (ever seen Border Patrol/Nothing to Declare? Says it all!) - I wouldn't mess with the Aussie immigration authorities, no way, they're not a soft touch like the UK ones, and they're dealing with a hell of a lot less people as well! Best of luck! Kat:smile: Link to comment Share on other sites More sharing options...
Guest Posted September 14, 2009 Share Posted September 14, 2009 Hi.....lots of questions re moving to Perth, PLEASE DONT BE PUT OFF BY NUMBER OF QUESTIONS - IF U CAN ANSWER JUST ONE IT WILL BE A GREAT HELP!it isn’t me that is moving its my OH’s ex with his daughter and we are trying to put together a case for court to make sure things are been done properly before he signs to allow her to go. At the moment everything is kind of been done on a whim – they went on a 3 week holiday and decided not to come back!!! Read my other post for full story...anyway any information on the below questions are greatly appreciated....1. OH’s ex is a teacher...she qualified last year after doing a Bed at uni including QTS...not sure if it was a 3 or 4 year course...she has had some relief teaching experience for a couple of months and then started a new job around feb/mar 2009...she left for holiday in Perth in July and handing in notice via email whilst there....does she have enough teaching experience or does she not need it because of the QTS? To get the skilled visa (175 I presume)... 2. As far as we are aware both her and daughter are on 3 month tourist visa which is due to expire in oct...as OH and ex have a pending court date she is intending to fly home in Oct to attend this but only for 2 weeks...she said that she is eventually going to apply for the skilled visa mentioned above...but in the mean time she is going to extend their holiday visas whilst waiting for skilled visa to be issued?? Is this possible?? And can she apply for skilled visa whilst onshore or does she need to be in uk to apply for that? 3. Am I right in thinking that as long as they are on tourist visas that daughter can only attend school for 12 weeks max with an annual fee of $5600 – around $140 a week....does this also include private schools? 4. If they are issued skilled visa will this be permanent or on a temporary basis? 5. Would it be easier for her to apply for the 176 visa and get sponsored, who would she need to be sponsered by and how long does this usually take? How long does it take for TA to assess your skills? 6. If she applys for skilled visa whilst in uk does she have to stay in uk until it is granted...anybody know rough timescales on these been granted...can she still visit oz during waiting time?(husband is there) 7. Can you apply for schools in Perth whilst living in UK so she would have a school lined up for daughter when she arrives back? 8. OH’s ex’s husband is in Perth on a skilled visa....can they just be added to his visa whilst in oz without coming home...can she work as a teacher then or can she work at all and can daughter attend school then, are there any restrictions? 9. Her and husband have already signed a 6 mth contract to rent a house in Nollamara...and he is working in Perth so they have to be in this area....anybody know anything about this area? 10. Does she and daughter have to have medicals before they apply for visa or just when applied, how much does this cost, is it included in visa app fee? 11. How much will visa app cost? 12. If she doesn’t qualify for skilled visa what are the other options? Sorry so many questions but got 6 weeks to build a case and need as much info as poss...my OH is happy to let daughter go providing things are done properly, hoping to get court to agree they have to stay in UK until skilled or other? visa is granted so proper schooling can be put in place..thanks:confused: Okay I'll have a go: 1) No real idea but I do know teachers can have a rough time getting licensed and finding work - often expected to do a stint 'regional' first - heard some horror stories & it's likely that would be the school the daughter would also go to. 2) Yes you can extend tourist visa's (to six months I believe) & yes you can apply for a 175 whilst in Australia (we have - you just have to leave for 5 days when it's issued). You can't do ANY legal work whilst on a tourist visa though. 3) Don't know, in WA people on temp working visa's don't pay for state education so i suspect the same will be true for tourist visa's. Can't imagine any issue in her going to a private school - if they can afford it (& it isn't too expensive at religion affiliated & community schools - less than $5K anyway) 4) Skilled visa is permanent 5) 176 will get her priority processing so the visa will be issued sooner 6) No requirement to stay in UK 7) Can apply for private schools from UK - state schools require address in catchment area (usually) 8) Confused here...if her husband has skilled visa then she doesn't need one - were they married when he got it? if not then all that would be required is a spouse visa (I would think). dependents are normally automatically included. 9) Nollamara is a nice enough area - we considered it due to a particular primary school we would have liked our son to attend. 10) Medicals are required and are requested by immigration once a case officer has been assigned. This is at your expense, for a family of 3 it cost us 400 pounds 11) Visa app is about $2500 (Diac site will give you accurate amount) 12) Spouse visa if OH is resident (not sure I'm understanding that bit though), temp working visa (457), employer nominated (often follows a 457 and gives residency) & many, many more! If schooling is the key why not phone or email the relevant school in Nollamara and ask - if you don't want to go into too much detail just say you're thinking of an extended visit on a tourist visa and wiondered if daughter could enrol Nollamara Primary School Mayfair Street, Nollamara, WA 6061 p: (08) 9349 1266 Mirrabooka Senior High School Phone: (08) 9349 1711 Street: Nollamara Avenue Town/City: Nollamara, WA Link to comment Share on other sites More sharing options...
Guest darling number 1 Posted September 14, 2009 Share Posted September 14, 2009 Hi whattodo, 1 - It doesn't sound as if your partner's ex has enough experience to gain skilled migration visa. She needs minimum of 12 months in a paid position working 20 hrs per week or more. 2 - As far as I am aware you cannot apply onshore for the 175, but can apply in UK then visit Australia whilea decision is made. She will need to leave Aus and re-enter in order for the visa to be granted, but not necessarily back to UK. 3 - Daughter can attend school and will pay fees, possibly more than what you have stated, depending on what state she is in (NSW quoted more like $9k). Can attend for a max of 12 weeks on a tourist visa. 8 - Yes, she can be added to his visa, 820 onshore spouse visa. If they are married this is pretty straight-forward apart from the custody issue which WILL be raised by immi. She can apply in Oz and doesn't have to leave. 10 - Meds in Oz must be done by HSA group Australia and were $469 for one adult one child in Sydney (not sure about Perth). Not included in visa application fee. 11 - $2525 to apply for spouse visa. Possible price increase in November this year. 12 - another option is student guardian visa, with daughter as the student in primary/secondary school. Mother would notbe granted permission to work and cannot apply for it under this visa. Hope this helps and that you resolve this situation soon. Good luck! Link to comment Share on other sites More sharing options...
Guest Posted September 14, 2009 Share Posted September 14, 2009 2 - As far as I am aware you cannot apply onshore for the 175, but can apply in UK then visit Australia whilea decision is made. She will need to leave Aus and re-enter in order for the visa to be granted, but not necessarily back to UK. We applied for our 175 whilst in Australia on a 457 on the advice of our migration agent so I'm hoping that's right. We have a case officer and meds and police checks have been requested. As you say we do have to leave Australia for the visa to be granted but that can be Bali even. Link to comment Share on other sites More sharing options...
Happy Lass Posted September 14, 2009 Share Posted September 14, 2009 Hi thanks for the replys...I understand there are a lot of questions but we dont want to employ an agent as we aren't actually going anywhere....we are trying to find out as much as we can online but this is a very long process..oh well we have 6 weeks to research...maybe i should try posting the questions separetly in relevant forums....thanks again.x Honestly, I would recommend employing the assistance of a reputable family lawyer and putting these question to whomever you hire. Although you can find out much of this yourself it is no substitute for getting a qualified opinion from someone who is familiar with your rights as British citizens and who is familiar with international law - and of course Australian law. Good luck :smile: Link to comment Share on other sites More sharing options...
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