Ozmaniac
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Everything posted by Ozmaniac
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Around 30 years after being allocated a queue date. See the following: http://www.immi.gov.au/migrants/family/parent-visa-processing-priorities.htm
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Other Family visas: Cutbacks and Delays
Ozmaniac replied to George Lombard's topic in Family / Partner Visas
@carer116 has a Queue Date of May 2012 and their Carer visa has just started processing. Given that Carer visas take the lion's share of the available Other Family visas, a Remaining Relative visa with a QD in 2013 can expect a wait of many years. With an estimated wait of 56 years for RR applications lodged in August 2014, logic says that you are looking at 20+ years. -
Dependency is automatically assumed while the child is under 18 unless they are currently married, engaged to be married or in a de facto relationship. For 18 onwards, the child can be any age but they must have been wholly or substantially reliant on the main applicant for their basic needs (food, clothing and shelter) for at least the last 12 months and that dependency must continue until the visa is granted. If 18 or over, it's much easier to prove dependency if they are a full time student though a part time job for pocket money is acceptable. Solid evidence of dependency is required.
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The legislation relating to eligibility for a Direct Entry 186 states : "the applicant has been employed in the occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation". My reading of that is that the experience would be taken from the ACS Skill Level met date. You should consult a good RMA before you go any further. A brief consultation with an experienced agent won't cost nearly as much as the $3520 you'll lose if you apply for a 186 without meeting the 3 years experience requirement.
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Many people travel to Australia on a Visitor visa of some kind to wait for the grant. They make sure their CO knows they're in the country and can contact them reliably so they can send a pre-grant letter to advise them to go offshore for a few days for the grant and the COs are completely willing to work it that way. If you're close to the 9 month mark though, it hardly seem worth the hassle and expense.
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Where will you be working?
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Australian citizens are not eligible for Visitor visas. They are required to always enter and leave Australia on an Australian passport however if she is a minor and doesn't yet have an Australian passport, she will be able to travel to Australia on an Australian Declaratory visa (ADV) attached to her overseas passport. Cost is $185. Cheaper to get her an Australian passport if you ahve time to do so. http://www.immi.gov.au/allforms/pdf/931.pdf ADV application. EDITED to add: http://uk.embassy.gov.au/lhlh/Passports.html Getting an Australian passport in the UK
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Welcome to the forum. Non-Poms are very welcome.
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Generally speaking, occupations are only considered to be 'closely related' for work experience points purposes if they are in the same ANZSCO Unit group. Carpenter is in ANZSCO Unit Group 3312. If you've been working as a Construction/Building Estimator since June 2012, that is in Unit Group 3121. Now, it may be that the work you've been doing could be considered to be closely related but if it isn't, you have a problem claiming points for that experience. As I said before, I may be wrong but I really think you should check with a knowledgeable and experienced REGISTERED Migration Agent before you risk losing your VAC.
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According to what you've told us, I can't see how you could get 10 points for experience. I may be wrong, but I strongly suggest you consult a good RMA for advice before you lodge an application for a visa.
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NO points are awarded for a positive skills assessment. However... As advised by @wrussell (an experienced and respected RMA) in post #7 in this thread, you CAN claim 10 points for a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation.
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Might be a good idea to email your CO asking that very question. There's a good chance that it will give that last little push for them to grant your visa.
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Evidence of polio vaccinations is only require from people who have spent 28 days or longer in certain countries where the disease is still endemic. Biometrics are only required for people lodging visa applications in certain countries. http://www.immi.gov.au/News/Pages/Polio.aspx Polio https://www.immi.gov.au/allforms/biometrics/offshore/countries.htm Biometrics
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A Permanent Resident is required to be usually resident in Australia before their partner can lodge a Partner visa application.
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Several people on this thread have been granted their visas very soon after their nomination was approved in DIBP had all of the required documents. Given that you can't get your visa until your medicals have been done, getting them now will prevent one possible cause of delay.
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It would be safe for you to have your medical now and you should also get PCCs. Both are valid for 12 months and you should get a decision on your visa application well before then.
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You must comply with the conditions of your current visa until it expires or your 187 is granted. You've said that you have just finished your current course which implies that in the normal course of events (i.e. if you had not applied for the 187), your visa would be valid until March next year but you would not be expected to attend classes in 2015. Is that right? If it is, then you won't need to study next year and when your 573 expires, your Bridging visa A will take effect. If however your Student visa doesn't expire in March and covers some new or continuing course in 2015, then you will need to continue with your studies if your 187 hasn't been granted. If you don't do so, your Student visa will be cancelled and that will also cancel your Bridging visa A. You will then go onto a Bridging visa E which will have no work or travel rights.
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If yours is a permanent Parent visa, it is valid for re-entry to Australia for 5 years from the date of grant. During that time, you can come and go as you please and could stay away for a couple of years or even longer if you wish. After your re-entry rights expire however, you can only re-enter Australia if you have a Resident Return visa. If you have been in Australia for at least 2 out of the 5 years immediately before you apply for a RRV, you will automatically get one that is valid for 5 years which re-sets your re-entry rights for another 5 years. If you have spent more than 3 years out of the 5 before applying outside Australia, it gets trickier and you can only get a RRV that is valid for 1 year (or perhaps even only 3 months) and certain eligibility requirements apply. Select the 'Visa applicants' tab then 'Who could get this visa' for details. http://www.immi.gov.au/Visas/Pages/155-157.aspx If you've been in Australia for nearly 2 years, can you possibly delay your travel until the 2 years is up? Then, you can stay outside the country for as long as 3 years and still be able to get a 5 year RRV easily. If you'll definitely only be away for 1 or 2 years, clocking up the 2 years isn't particularly important as you'll still be within the initial 5 year visa validity but if it's possible that your return may be delayed by a couple of years, having already met the requirements for a 5 year RRV will be invaluable when it comes time to return.
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If I've understood what you've written, you didn't actually apply for the DE 186 until 28/8/2014. Applying for nomination isn't the same as lodging a visa application and the visa application lodgement date is when the processing time is counted from. If you only applied for skills assessment after the nomination was approved and then it took 12 weeks, you couldn't have applied any earlier than some time in August as skills assessment is a mandatory pre-requisite.
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If your marriage breaks down and you are no longer together before the visa is granted, you are both obliged to advise DIBP of that fact using a Change of Circumstances Form 1022. http://www.immi.gov.au/allforms/pdf/1022.pdf Form 1022
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A 187 DOES have a condition that you stay with your employer for 2 years after the visa grant so it's much stricter and less flexible. There are several threads on here that discuss whether there are circumstances where you can leave a 187 sponsor before the 2 years is up but basically, you could be liable for visa cancellation if you can't demonstrate that you gave it a go. If you lost the job due to something completely outside your control, you would probably be expected to at least keep working in the regional area for the first two years.
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There is no condition attached to a 186 visa that requires you to stay with the sponsoring employer or to work in your nominated occupation. That said, if you were to leave as soon as getting the visa, and if the company chose to make a complaint to DIBP, it could conceivably be found that you didn't apply for the visa in good faith and who knows what could happen then. If on the other hand, the position were to be made redundant or you parted ways amicably, you would be free to move on and work for any other employer.
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Australian visas are electronic and no stamp is needed. Many people however find that having a label in their passport is worthwhile, particularly if they ever travel via out of the way airports that don't necessarily have access to the Australian VEVO system, some employers like to see a visa in your passport and I've heard that even some Australian government departments, banks etc are easier to deal with if you have a label. If you want a label though, there is now a charge of AUD$150 for the privilege. Every visa grant letter includes your last entry date which will usually be 12 months from the date of your earliest PCC or medical. ALL visa holders MUST enter Australia by that date to validate their visa and if anyone fails to do so, their visa is lost. You only need to go through the immigration gates to validate and could catch the next plane out of the country if you wish.
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If you're asking about attaching your medical results, you don't need to do that. The panel doctor handles the sending of medical results to DIBP. You'll be told about any problems with the medical but you don't get the actual results.