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Is there any other way?


Kel121178

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Have you checked both lists? There are two known as SOL and CSOL. If your occupation is on the csol then you would need some form of sponsorship either state or business. So, you would check the QLD state list to see if they are sponsoring. If not, check the other states to see if they are.

 

If if the occupation is not on either list, then there is no way.

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Dental Nurses are included under Dental Assistant, and isn't on either the SOL or CSOL so not eligible for a visa. You'd need to see if your qualifications and experience are broad enough to qualify under an occupation code that's on one of the lists. If on the CSOL only, then you need either state or employer sponsorship.

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Dental Nurses are included under Dental Assistant, and isn't on either the SOL or CSOL so not eligible for a visa. You'd need to see if your qualifications and experience are broad enough to qualify under an occupation code that's on one of the lists. If on the CSOL only, then you need either state or employer sponsorship.

 

Ah I thought as much ?, I have been a cook in the past but not for the last 2 years so don't know if that experience would get me over?

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I'm really disappointed it's not on the list as my partners daughter who lives in Brisbane I'd also a dental nurse and says there is always dental jobs being advertised so I assumed maybe there was a shortage and that it would be on the list

Edited by Kel121178
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I'm really disappointed it's not on the list as my partners daughter who lives in Brisbane I'd also a dental nurse and says there is always dental jobs being advertised so I assumed maybe there was a shortage and that it would be on the list

 

That's how the lists SHOULD work but it's not how they ACTUALLY work! The lists are slow to react to the real world. A lot of people apply to migrate and assume that, because their job is on the list, it'll be easy to find work - and it's not. For instance, accountants are really struggling to get decent jobs in Australia now. It is likely to be taken off the list soon for that reason, but it's still there right now. Likewise, there may be shortages in fields which the government seems oblivious of!

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I feel for you I know how frustrating it can be. Have you thought about employer sponsorship? I know its no easy task getting someone to employ you from the other side of the world but perhaps worth a shot?? A friend of mine went over to Sydney on an employer sponsorship. The job she got was not on either list either but as far as I know if the employer can prove they can not find anyone in Australia to do the job they are able to employ oversees applicants. Maybe something you can look into. Also wait until July and the lists come out make sure you check, you never know your luck. Is there no other occupation your duties cover? Dental technician?? Good luck

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What is your partners occupation? Could they not be the main applicant?

 

He's a British citizen but has lived over there for 40 years from a child but his parents never neutralised him so he's been on a 5 year visa as been back over here for 3 years he needs to apply for residency then if he gets it he can sponsor me but that won't be for another 2 years ? so at the moment I have to do it by myself I'm guessing, and according to the lists as my occupations not on either of them I can't get an employment sponsor

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He's a British citizen but has lived over there for 40 years from a child but his parents never neutralised him so he's been on a 5 year visa as been back over here for 3 years he needs to apply for residency then if he gets it he can sponsor me but that won't be for another 2 years  so at the moment I have to do it by myself I'm guessing, and according to the lists as my occupations not on either of them I can't get an employment sponsor

 

That is not strictly true, I thought that too, however a friend of mine moved to Sydney on an employer sponsor and the job she went to do was not on either list either. The sponsor just has to prove there is no Australian available to take up the role. It is just fancy paperwork but if the employer wants you they can make it happen. Good luck

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He's a British citizen but has lived over there for 40 years from a child but his parents never neutralised him so he's been on a 5 year visa as been back over here for 3 years he needs to apply for residency...

 

Are you sure that's right? What kind of 5 year visa? If he's been living there for 40 years then he must have had PR (permanent residency) already. He wouldn't have been allowed to stay that long otherwise!

 

When he left Australia to live in the UK, he would've applied for a RRV (Resident Return Visa) before he left - or did he not know he had to do that? If he has the RRV then he's still a permanent resident and can go back any time, no need to apply for anything.

 

If you're his de facto and you've already been living together for 12 months then I'd have thought he could sponsor you as soon as he moves back.

Edited by Marisawright
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Are you sure that's right? What kind of 5 year visa? If he's been living there for 40 years then he must have had PR (permanent residency). If he left then he would've applied for a RRV (Resident Return Visa) before he left - or did he not know he had to do that? If he has the RRV then he's still a permanent resident and can go back any time. If you're his de facto and you've already been living together for 12 months then I'd have thought he could sponsor you as soon as he moves back.

 

He never new, he has been told this year that he has had to of spent at least 2 years out of the 5 in Aus to be able to apply but as of yet he's only spent 14 months so needs to spend a further 8 months there, he's not sure weather he will be granted a pr as he sold his house and business when he came to uk so now he's out there looking for another house to buy and a possible business, it's all very complicated and though we lived together for 2 years the last 2 months we haven't due to him being in Aus

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He never new, he has been told this year that he has had to of spent at least 2 years out of the 5 in Aus to be able to apply but as of yet he's only spent 14 months so needs to spend a further 8 months there, he's not sure weather he will be granted a pr as he sold his house and business when he came to uk so now he's out there looking for another house to buy and a possible business, it's all very complicated and though we lived together for 2 years the last 2 months we haven't due to him being in Aus

 

That's not making any sense, sorry. The two years out of five thing is for citizenship, not permanent residency. So he must be a permanent resident already, if he's trying to qualify for citizenship.

 

If he's a permanent resident then he can sponsor you already, as his de facto. The two years you've already lived together would qualify you no problem, you're allowed to spend some time apart if you can show it was necessary for work or other good reason.

Edited by Marisawright
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If he's got a temporary visa of some kind, then he's totally confused - he can't qualify for permanent residency by staying in Australia for two years out of five, it's absolute nonsense.

 

If he has a Resident Return Visa (RRV) then he's already a permanent resident and he doesn't need to wait at all, he already has the right to sponsor you. It doesn't matter if his RRV expires - while he's in Australia he has the right to remain there. He only need to get another RRV if he's planning to travel outside Australia.

 

I think you should try to persuade him to go and see a migration agent and sort it all out. Surely you're worth paying a bit of a fee for?

 

Just make sure it's a MARA registered agent as there are a lot of shonks out there, the MARA registered ones are the good ones.

Edited by Marisawright
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I'm really confused with all this, as he's told me he can sponsor me so that must mean the visa he's got it a residence visa? So is what he's telling me right that he has to spend another 8 months out there to re apply? And re apply for what? As he said if he doesn't spend that time over there in march 17 his visa may not be renewed and either he will have to return to uk or he will have to stay over there for another period of time before he can re apply again? Sorry for all the questions but now I'm not quite sure what's going on

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He's back in uk in 10 days time so I'll look at his visa that's in his passport then, I know he wants to go out there in may and spend another few months, but maybe he won't have to if that's the case

 

The thing is, what's in his passport may not be clear and that's why he's confused. And if his current visa expires in March and he can't renew it yet, then he won't be allowed back into Australia in May, so that makes no sense.

 

Just to explain:

 

There are two ways you can live in Australia permanently. One is if you're a permanent resident, the other is if you're an Australian citizen.

 

The difference is that if you're just a permanent resident, you can't just come and go from Australia as you please. If you leave the country and stay away too long, you may lose your permanent residency. To avoid that, you have to apply for a "Resident Return Visa" (RRV) before you go. There is one that's valid for 5 years (i.e. you can come and go as often as you like during those 5 years).

 

The point is that the RRV just protects your rights while you're travelling. If you move back to Australia and it expires, it doesn't matter (unless you're planning to travel again). So if your oh needs to shuttle between Australia and the UK, he would want to renew it, otherwise he won't be able to travel - but if he just stays in Australia, it makes absolutely no difference to his ability to sponsor you.

Edited by Marisawright
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The thing is, what's in his passport may not be clear and that's why he's confused. And if his current visa expires in March and he can't renew it yet, then he won't be allowed back into Australia in May, so that makes no sense.

 

Just to explain:

 

There are two ways you can live in Australia permanently. One is if you're a permanent resident, the other is if you're an Australian citizen.

 

The difference is that if you're just a permanent resident, you can't just come and go from Australia as you please. If you leave the country and stay away too long, you may lose your permanent residency. To avoid that, you have to apply for a "Resident Return Visa" (RRV) before you go. There is one that's valid for 5 years (i.e. you can come and go as often as you like during those 5 years).

 

The point is that the RRV just protects your rights while you're travelling. If you move back to Australia and it expires, it doesn't matter (unless you're planning to travel again). So if your oh needs to shuttle between Australia and the UK, he would want to renew it, otherwise he won't be able to travel - but if he just stays in Australia, it makes absolutely no difference to his ability to sponsor you.

 

No it expires march 2017 so next year, so he's got another year to go, can the authorities refuse to renew as he's working over here?

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No it expires march 2017 so next year, so he's got another year to go, can the authorities refuse to renew as he's working over here?

 

Oh sorry, misunderstood!

 

Yes they can refuse to renew in March 2017 if he hasn't fulfilled the requirements (i.e. the two years in five). Then he could lose his right to return to Australia altogether.

 

Just to be clear though:

 

A Resident Return Visa (RRV) is something that's attached to permanent residency, it's not a standalone visa. You can't get one if you're not a permanent resident. So if he's got an RRV that means he's already a permanent resident. If he's a permanent resident and he's currently in Australia, he could sponsor you today! The process takes a while so the sooner he starts the better.

 

I'd be urging him to see a migration agent on Monday - if he's genuine he will, if not I'd start to wonder if all this visa stuff is a delaying tactic...

Edited by Marisawright
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He's gonna seek advice when he gets back to uk. He's concerned as he as of yet is still short of the 2 years that's why he says he's got to return for the 8 months and wants me to go over with him for as much as possible, it's all confusing! Thank you do much for your advice, he says he will properly explain it all to me when he comes home

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He's gonna seek advice when he gets back to uk. He's concerned as he as of yet is still short of the 2 years that's why he says he's got to return for the 8 months and wants me to go over with him for as much as possible, it's all confusing! Thank you do much for your advice, he says he will properly explain it all to me when he comes home

 

If he wants another RRV then yes, he does have to do the 8 months BUT the thing to remember is that the RRV is totally and utterly irrelevant to whether he can sponsor you for a de facto visa. If he's a permanent resident then there's nothing to stop him doing it as soon as he moves back to live, so it seems weird to delay getting advice when there are migration agents in Australia just as good or better than any in the UK. Some of them are on these forums, like @wrussell for instance. After all, putting all the paperwork together takes time and there's a long wait for processing after that.

Edited by Marisawright
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