George Lombard

Hi Purpleal,

A good idea to make a submission, see http://www.border.gov.au/ReportsandPublications/Documents/discussion-papers/discussion-paper-introducing-tem-visa-parents.pdf .

Cheers,

George Lombard

In South Australia I would suggest contact with Brian Jones or Libby Hogarth or Lachlan Riches - the MARA search facility should make it easy to identify those three, I'm surprised that the site is down for you.

Cheers,

George Lombard

Hi Andrew,

I'd just add to what Leanne has told you that if you're employed under a Labour Agreement then the employing agency may have acquired the right to sponsor for PR under that agreement but it would most likely only come up after three and a half years, not the two years which applies to the TRT stream.

Your wife - if on a very good six figure salary - may qualify for a skills exemption, ie no skills assessment would be required for a Direct Entry 186 application.

Cheers,

George Lombard

Hi Rozelle,

You've had pretty solid advice from Michael and Wesley - looking forward the main issue for me is whether the course has some intrinsic value for you or is it just a visa extension mechanism? If the course is something you really want to do then Michael's advice might be helpful - the Department has some helpful policy about students wanting to avoid PIC 4013 and 4014 - but if you're just interested in staying then I would suggest you consider New Zealand as a friendly alternative.

Cheers,

George Lombard

I'm going through the process of 187 regional sponsorship visa. At the moment it's in MRT and my file opened for nomination. I prepare all the documents according to ANZSCO code- Management Consultant cause the reason for refusal was didn't fulfils the required documentation for ANZSCO code skill assessment. Please advice me what are the main documents I have to get from the company as Hardware Manager. And also I'm doubt about the hearing process. Thanks!!

 

 

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Sounds like a serious problem - the reference to reg. 5.19 relates to the employer but there's a big difference between a Management Consultant and a Hardware Manager - and I would suggest using an agent. Note that the MRT has not existed since June 2015, the relevant tribunal is now the AAT.

Good luck!

Cheers,

George Lombard

Hi Nicolo,

No change to TSMIT has been made recentlybut expect the Department to insist on a market salary rate as a part of proving that the position is genuine.

cheers,

George Lombard

Hi Irene,

No. He could try Engineering Technologist or perhaps Physicist if that occupation is still on a state 190 list.

cheers,

George Lombard

Hi Miamoo,

As far as I can see your husband's occupation needs a state sponsor and now that the ACT has closed its list for the moment I think Queensland is most likely your only hope. I gather that you were counting on getting 10 or 15 points for work experience but the deeming date on the Vetassess assessment won't permit that. Normally I would suggest calling Vetassess to get them to explain their decision, and they will certainly facilitate an appeal quickly if time is a factor, but I'm not sure it would help, since even if you were to get Vetassess to make a concession on that - using the option of pre-qualification work experience mentioned at the top of page 11 of this document: https://www.vetassess.com.au/Portals/0/Downloads/qualification_assessment/VETASSESS-General-Occupation-List.pdf?vid=100 - I'm not sure that Department of Immigration rules would allow you to claim pre-qualification work experience for points, it would depend on the case officer.

Good luck!

Cheers,

George Lombard

Hi Nick,

We advise employers from all over Australia, I'm sure that Mark does too.

Cheers,

George Lombard

Hi Nick,

Employer should stop trying to do it on the cheap and pay for professional advice relative to the commercial realities of the industry, your occupation and current DIBP processing standards. Anything which doesn't take into account the very real changes inherent in the roadshow presentation mentioned earlier is ultimately a risk for you.

Cheers,

George Lombard

Hello,

 

I'am a UK citizen and my husband is Australian. We have just got married.

 

We have been living and met here in Canada. My husbands Canadian visa expires in November and we are looking to travel to Australia around that time.

 

We are struggling to decide whether to lodge the Partner visa offshore from here in Canada, or travel to Australia (i can only travel there on a visitor visa) and then lodge it onshore.

 

Can an agent possibly advise on our best course of action?

 

Thank you very much

Hi Lassie,

Ultimately it all depends on whether you're prepared to tell the truth on your arrival card, where you're asked how long you intend to stay. Most visitors arrive on a three month visa, never more than 12 months.

Thousands of people do apply for partner visas in Australia every year and for those people the main issue is normally waiting for their initial visa conditions to expire before they can go onto a Bridging Visa A with permission to work while sitting out the 15 month processing time.

cheers,

George Lombard

PS: in practical terms how does an employer show they have a genuine need for a paid employee to fill a skilled position? Do they simply have to state that they do?

Hi Nick, your employer's information is historical if concerning a 186 - for a 187 it can be a live issue depending on the RCB involved - but for a 457 and "genuine position" there's no simple explanation - the Department has recently run a series of seminars on this topic and your employer should be getting advice from people who attended the "roadshow".

cheers,

George Lombard

Hi Castling,

That fee sounds as though it's at the high end but within reason, see https://www.mara.gov.au/using-an-agent/working-with-your-agent/agent-fees/ .

Cheers,

George Lombard

Hi Sam,

Sporting organisations normally have extensive networks and if your son's that good then I'm sure that someone in Mackay can be persuaded to sponsor your husband - but bear in mind that Mackay's not a very large place and the cost of schooling for temporary residents in Queenland can be significant. I hope it works out!

Cheers,

George Lombard

Hi Woodsey,

You will find that there are issues about converting to any new visa given that if in Australia you no longer have a substantive visa. It's not a question of withdrawing the application but meeting the requirements for a new application for an onshore partner visa. I would suggest getting professional advice on this since there have been many Tribunal decisions on this issue and although after the Waensila decision it's possible to look at a broad range of circumstances, the Department will most likely say that you could just apply from overseas unless you've got very strong reasons against that.

Cheers,

George Lombard

Hi Ramot,

Your husband's right that if you obtain permanent visas then your tax regime will change but that's just a matter of forward planning. More important is that you're not likely to live forever and that your access to the best government support for health benefits, nursing home/supported accommodation arrangements etc will be severely compromised by being subclass 410 holders without access to Australian social security etc. This is also a problem which many applicants for the non-contributory parent visas face as they get older on their bridging visas.

Minister Dutton clearly didn't mention those issues in his discussions with you :-)

Cheers,

George Lombard

Hi Adam,

Yes you can present evidence of your work experience right up to the moment that the invitation is received. The Vetassess certificate is very good confirmation of earlier work experience being acceptable.

Cheers,

George Lombard

Hi Kelly,

It's impossible to work as the holder of a subclass 600 visa except under very limited circumstances. Your employer should arrange a subclass 400 visa for you. This is normally processed reasonably quickly but it needs to be professionally prepared.

Cheers,

George Lombard

Hi Crazy8,

Just get your partner to do a VEVO check - see http://www.border.gov.au/Busi/Visa . If you wanted to highlight the inappropriateness of that colleague's advice in the business you should suggest that they do a VEVO check themselves, as every Australian employer should be doing now or if the matter is not clear you could refer them to an RMA.

You should probably also get some professional advice about the 90 days as you appear to be in a vulnerable situation.

Cheers,

George Lombard

Hi Deepee,

I'm not sure it would be very professional of us to comment on another registered migration agent (RMA). I assume that they've been giving advice about Australia for at least four years judging by their MARN so they should know what they're doing.

Cheers,

George Lombard

Hi Sabana,

The advice you got from the Department is correct. You should apply for your partner visa, and then when the receipt is issued you'll get another email with your Bridging Visa A. Using that you can apply for a Bridging Visa B, which will enable you to return to Australia and resume residence pending the outcome of your partner application.

Cheers,

George Lombard

Hi Shanners,

Yes that's right, if you apply for a further skills assessment to claim the 10 points for a vendor certification then your deeming date will be changed and you stand to lose your work experience points. Ric was suggesting that you obtain an Australian diploma - which could be done through the recognition of prior learning procedure - to get the 10 points for a qualification.

Cheers,

George Lombard

Hi Val,

The legal restriction is to 40 hours in any fortnight and the Department's view seems to be that the course is still "in session" if you've completed it early, ie they don't like people being here and working when they were supposed to be studying. Best I can do as still travelling until Tuesday but probably she should get advice from an agent with the full range of professional tools at their disposal as the risks of getting it wrong are pretty severe.

Cheers,

George Lombard

Hi Val,

Sorry, I'm in transit today but this doesn't sound right, hopefully someone else can check it out for you.

cheers,

George Lombard

Hi Dennis,

This is the full Vetassess internal description of what's required:

[h=3]Construction Project Manager (ANZSCO Code 133111)[/h]This occupation requires a qualification which is assessed as comparable to the educational level of an Australian Qualifications Framework (AQF) Bachelor degree or higher degree, in a field highly relevant to the nominated occupation.

In addition to this, applicants must have at least one year of post-qualification employment at an appropriate skill level completed in the last five years which is highly relevant to the nominated occupation. If the qualification(s) are not at the required educational level, or if the employment has been completed prior to the qualification, then the employment will be assessed below the required skill level.

A highly relevant field of study is Construction Project Management, which is the study of planning and controlling building projects (ASCED). General management degrees without underpinning or related studies in construction/civil engineering or building would not usually be positively assessed for this occupation. Qualifications in Architectural Studies with supporting highly relevant employment will be considered on a case-by-case basis.

Cheers,

George Lombard