Ozmaniac

The 2 years you need to be together to be eligible for a permanent visa starts when you APPLIED for your temporary Partner visa (not when it was granted) so you must be getting close to that point now - you should be sent the second stage paperwork request about 3 months before the 2 years is up. Given that you're still living together, IMO you should try to put up with the situation until you get your permanent visa. YOU will be the applicant for the next stage of the visa and if you're still living together and can prove that, you should be able to get your visa even if he doesn't cooperate and it won't require any bending or breaking the immigration rules. Stay together until you get your visa if you possibly can. If you need legal or migration assistance, every state has citizens legal advice bureaux which will help you free of charge.

He should try a different English test - his varying results indicate that it may be the test rather than his English skills that has been at fault. See the following threads: http://www.pomsinoz.com/forum/migration-issues/227823-any-one-done-pearsons-english-test-yet.html http://www.pomsinoz.com/forum/migration-issues/231707-ielts-v-s-pearson-test-english-academic-pte-academic-my-personal-findings.html#post1936733023

That is the list for RSMS employer sponsored visas. The list for 489 state sponsored regional visas is more restricted and doesn't include Perth and surrounding areas.. https://www.immi.gov.au/skilled/general-skilled-migration/regional-growth.htm

Switch to Plan B now - do PTE Academic instead of IELTS. Have a read of these threads: http://www.pomsinoz.com/forum/migration-issues/227823-any-one-done-pearsons-english-test-yet.html http://www.pomsinoz.com/forum/migration-issues/231707-ielts-v-s-pearson-test-english-academic-pte-academic-my-personal-findings.html#post1936733023

With only a CERT III in Early Years and Childcare, I doubt if there is any visa for which you will be eligible even if you can find an employer who is willing to sponsor you. For a 457 visa, your occupation must be on the CSOL and for an RSMS visa, your occupation must be at least Skill Level 1, 2 or 3. The only childcare related occupation meeting either requirement is 134111 Child Care Centre Manager and that requires at least a Diploma plus at least three years supervisory employment (after gaining the required qualification) that reflects the responsibilities, duties and tasks of a Child Care Co-ordinator obtained in an environment of substantial size and reputation and subject to a regulatory framework. If you want to be sure if there is any chance of a visa for you, you should consult a good RMA for advice.

Provided your new partner can meet the requirements to be considered as your de facto partner (i.e. if they meet the One-year Relationship requirement or are eligible for an exemption from it), you can sponsor them for a Partner visa even if you are still married to someone else. If however you also sponsored your previous partner for a Partner visa, you may not be eligible to be a sponsor if the previous sponsorship was less than 5 years ago. http://www.immi.gov.au/media/fact-sheets/35relationship.htm One-Year Relationship Requirement for De Facto Partners http://www.immi.gov.au/forms/Documents/1127.pdf Partner Migration booklet. See page 16 'Limitations on sponsorship. If you have previously sponsored a partner or been sponsored as a partner'

The only difference between state sponsored and independent (i.e. no sponsorship) visas is that you get 5 or 10 points for the state sponsorship. If you can possibly get the 60 points required for an independent 189 visa, that's the one you should go for and forget about state sponsorship, at least until you're certain you can't get to 60 points without it. Also, Queensland is only willing to sponsor electricians if they have experience in heavy industrial and rail signalling. You should have a try at an English test and see how you go - you might be surprised. You'll probably find PTE Academic better than IELTS. http://www.pomsinoz.com/forum/migration-issues/231707-ielts-v-s-pearson-test-english-academic-pte-academic-my-personal-findings.html#post1936733023 IELTS v.s Pearson Test of English Academic (PTE Academic)

When some of the formatting associated with a quote is missing, it will be attributed to the wrong poster. When several posters copy posts with bits missing, it gets harder and harder to sort out who posted what and who is actually being quoted.

The June 4 date will be fine for an 887 application as you will have met both the 2 years residence and 1 year full time work requirement. It doesn't matter that you didn't find full time work until March 2014. In fact, even if you still had not been able to find full time work, if your wife has been working full time, she would be able to apply for the the 887 as the primary applicant.

Keep in mind that if the new employer is willing to sponsor you 'straight to PR' i.e. for a Direct Entry 186, you will not be able to work for them until the 186 is granted and that could be 6 months (or even longer if you don't yet have skills assessment). The only way you could work for them before the 186 is granted is if your 457 is transferred to them.

Lodge the application online and upload all documents electronically. If you do it that way, you can simply upload colour scans of original documents and will not need to have them certified. Online applications are easier, faster and more secure for you and DIBP. If you decide (unwisely) to lodge a paper application, you must submit certified copies of all documents and should take note of the following advice from a DIBP Case Officer who emailed another applicant: How Should I Put My Application Together? Please do not make complex collations of your application papers. We waste a lot of time (and risk injury to life and limb) deconstructing applications which have been extensively stapled or artfully put together in complex folders with indexes, dividers and tabs. Do not use plastic inserts. Please leave the papers, loosely divided by slide-on paper clips if you feel it is absolutely necessary, in a simple stack. Application form on the top; sponsorship form next; key personal documents next (birth and marriage certificates etc); formal statutory declarations next; and other supporting documents last. Please do not send us video tapes or photograph albums. If you would like to support your claims with photographs, please choose a representative selection and make a photocopy. Please do not send us phone cards at all as they can tell us nothing. If you wish to send examples of correspondence, please be very selective and send copies only. .

It's true that you will get a Bridging visa if you apply for a 187 visa but it doesn't take effect until your 457 EXPIRES. While your 457 visa is still valid, you can work ONLY for the 457 employer until you are granted the 187.

Brilliant post and thanks for going into so much detail. It's great to hear how well your family has settled in and I'm sure there'll be quite a few people who'll take heart from the way your daughter has taken to life in Australia after her rocky start.

Sorry, I can't advise you on which occupation to nominate. You could try asking the ACS or if they won't help, you'll need to consult a good RMA. I understand that Peter Chiam of PtlabsConsulting has particular expertise in IT visa related questions such as this one.

Select Settings at the top of screen then Edit Signature. You can't set up a signature until you have made a few posts - not sure how many.

Fingerprints are not required for AFP National Police Checks. http://www.immi.gov.au/Help/Pages/character-police/requirements.aspx

For an application via the Temporary Residence Transition stream being sponsored by the new employer, you would need to start the whole process over again with 2 years on a 457 sponsored by the new employer. The new employer can sponsor you for a 186 via the Direct Entry stream if you have a positive skills assessment in the nominated occupation.

When you lodge a visa application, you must pay the VAC as the final step before you upload documents and I don't think there's any way around that. If your employer has agreed to pay the VAC, you will have to pay it first and then claim it back from them.

That will depend mainly on your work experience. Have you read the ACS assessment guidelines?

Did you consult an RMA? If so, did they advise you to have your employer lodge a new nomination? Have you been granted a BVC? If you want to work on a BVC, you will have to apply for work rights on the grounds of financial hardship but I'm sire your RMA would have told you that. As to what will happen now and how long it will take - there is no way of knowing for sure but yours is now a new application and they are currently taking around 8 months.

When your EOI is unlocked, you can update it with the lower points or withdraw it and submit a new one. Probably better to withdraw and re-submit. Not absolutely certain what to do about the NT government but notifying them would be the right thing to do. Thank them for the previous invitation, explain about the points and ask that they consider your new request for nomination. What points are you claiming for English skills? If less than the 20 for Superior English, why not do another test in the hope that you can get additional points? I suggest you do PTE Academic rather than IELTS as it's a much fairer test.

Moving from a 457 to being sponsored for a permanent visa works fine for many people but the problem is that things can change, often due to circumstances out of anyone's control. There's a business downturn or you have a falling out with management or management policies change or the company is sold or any number of other circumstances arise so that the company doesn't come through with their undertaking to sponsor the 457 holder for a permanent visa. Over the last few years on PIO, I've seen dozens of examples of people who were not sponsored for PR after working on a 457 for 2 or even more years. Anyone who wants to stay in Australia permanently and who can get a permanent visa from the outset should forget about a 457 and go directly for the permanent visa.

It depends on why they were refused. If they were not eligible to be included (e.g. didn't meet the requirements to be eligible to be included as a partner), they are simply removed from the application and the rest of the processing proceeds. If they are eligible to be included but fail the medical or character requirements, all applicants will be refused.

Apart from the fact that the current processing time for a Remaining Relative visa is currently 56+ years, you wouldn't even be eligible to apply. You must have no parents or siblings, step or natural, who are not Australian citizens or PRs and living in Australia. Your mother and brother are not Australian citizens or PRs living in Australia so you simply don't qualify. If you're serious about moving to Australia, get acceptable qualifications in an occupation on the SOL or CSOL and some work experience and then see if you can get a skilled immigration visa.

It would be a good idea to consult a good Registered Migration Agent to work out which (if any) eligible occupation is appropriate for your qualifications and work experience. Best to do that now so that you have a realistic idea of your chances of qualifying for a visa before you get any further into the process I think your occupation would come under 262112 ICT Security Specialist but that occupation is not on the SOL. It is however on the CSOL so is eligible for state or employer sponsored visas. Employer sponsorship is hard to find and is usually only for a temporary 457 visa (at least to begin with) but fortunately SA, VIC and WA are currently willing to offer state sponsorship for permanent 190 visas for the occupation so that would probably be your best approach. For WA, it's on their Schedule 2 so you would need a job offer but VIC and SA don't have that requirement. For state sponsored visas, you must have a positive skills assessment (the ACS is the assessment authority for 262112) and 60 points on the points test (including the 5 points you get for the sponsorship) before you can submit an Expression of Interest (EOI) in applying for a visa. You can only apply for a visa after you receive an invitation to do so. http://www.acs.org.au/migration-skills-assessment ACS skills assessment