Ozmaniac

Visitor visas are not available on arrival - they must be granted before you travel. Getting a Visitor visa won't necessarily cancel the permanent visa but you must apply at an overseas Australian immigration office IN PERSON for an ETA (must be an ETA and must be in person - NOT online). See the following: http://www.pomsinoz.com/forum/migration-issues/224455-resident-return-evisitor-visa.html#post1936655156 - @wrussell is a respected and experienced RMA Eligibility for a 1 year RRV is decided on an extremely subjective basis and there are no hard and fast rules. The most anyone can say is to tell you to read the info under 'Visa Applicants' > 'Who could get this visa' on the website: http://www.immi.gov.au/Visas/Pages/155-157.aspx

If you can apply for citizenship in July, you should stay with your employer until you have citizenship if you can possibly manage to do so. When you apply for citizenship, there are NO checks on tax returns or payslips so you have nothing to worry about on that score - ignore anyone who tries to tell you otherwise. The only things that are checked when you apply for citizenship are that you are of good character and that you still hold a permanent visa, have held that permanent visa for 12 months and have met the residential requirements. Your employer will NOT be contacted. I can see from your previous posts that even though you've held the 187 for 9 months, you've actually only been working there for 5 months or so. That means that if you leave your employer now so soon into your employment, and if your employer complains, you could potentially have a problem with your visa so it's vitally important that you accumulate as much evidence as possible of the fact that your employer is not keeping to his side of the contract. DIBP won't expect you to work for an income that is below what you need to survive and they won't expect you to be forced to work and be paid for less than full time work but they will want evidence so carefully document everything. You will need to be able to prove that you gave it your best shot and genuinely tried to meet the visa condition requiring you to stay with the employer. Keep your payslips and any letters or emails on the subject of your hours and working conditions and WRITE (must be in writing, not verbal) to your employer reminding him of the fact that you are supposed to be working full time and telling him that you simply can't afford to live on the hours you've been getting - demand a response in writing. If you leave or if he fires you, documents like that will protect you if DIBP considers whether to cancel your visa. I think that involving Fair Work would only be appropriate if you are being underpaid or otherwise exploited but if you are simply not getting enough hours, I doubt if that comes under those headings. If you want to make as few waves as possible, there is nothing in your visa conditions that prevents you getting a second job.

Because the eligible occupations, rules and requirements change over time, the best we can do is tell you what would apply if you were already qualified and wanting to start the visa process now. Currently, Medical Diagnostic Radiographer (ANZSCO code 251211) is on the SOL and is therefore an eligible occupation for an Independent 189 visa. The occupation is assessed by the Australian Institute of Radiography (AIR) and it is the need for a positive skills assessment from that authority that will determine the level of work experience you will need. My reading of their requirements is that you will need at least two or more years in the last 5 years of good post qualification clinical experience. Here is a link to their website: http://www.air.asn.au/overseasass.php

If you've been been in Australia on valid visas since December 2012 and were granted your permanent visa in August 2014, you're correct in your calculation that you would be able to apply for citizenship in December 2016 as long as you also meet the other residence requirements i.e. in that 4 years, you could not have been outside Australia for more than 12 months in total including no more than 90 day in the year immediately before applying. In order to be eligible for a 5 year RRV, you must have lived in Australia for at least 2 years in total on a permanent visa (you can't count the time in Australia before August 2014) in the 5 years before you apply for the RRV. For example... If you were to leave Australia this week, you have so far lived in Australia as a PR for 7 or 8 months. If you can manage to spend another 16 or 17 months in total in Australia before August 2019, you would qualify for a 5 year RRV. Given that you have an Australian partner, if you don't qualify for a 5 year RRV, you are unlikely to have any trouble getting a 1 year RRV even after August 2019 (as long as it isn't too long after) or at worst, a 3 month RRV. Either would allow you to re-enter Australia as a PR while the RRV is still valid and then stay forever if you wish. If you stay for 2 years, you could then get a 5 year RRV.

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.