Ozmaniac
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Posts posted by Ozmaniac
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Hi guys has anyone knows what will happen if one of the secondary applicant of pr visa has been refused? Does it means that all of them will get refused aswell?
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.
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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.
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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
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Hi my son is on a WHV at the moment he is due to go in to a Bridging Visa in 2 weeks time his Bridging visa States he is only allowed to work under the same conditions as his WHV 6 months at one job. You can apply for unrestricted working rights but have to prove financial hardship and can only do this once your bridging visa is in force. Hope that helps Debbs
It's true that with most Bridging visas, the BV carries the same work rights and restrictions as the visa from which they are bridging but that is NOT the case with BVs when a Partner or Parent visa has been applied for. Those BVs carry completely unrestricted work rights - the rules about them changed a couple of years ago. Here's a link to the Migration Regulations detailing the change:
http://www.comlaw.gov.au/Details/F2012L02217/Explanatory%20Statement/Text
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The two threads have been merged into one.
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Thanks ozmaniac! That's good news for me. I assume that we don't have to stay in one place, as long as it's a regional area?
Any eligible regional area is OK under the conditions currently attached to 489s. It's probably only a matter of time until holders are restricted to regional areas in the sponsoring state but that hasn't happened yet.
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No, you won't need a second x-ray.
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You can have your medical in Australia if you wish. There is no requirement for a 187 to be granted offshore but if you will be travelling to Australia during processing, you should make sure your CO can contact you reliably and knows your travel dates so that the visa can be validated correctly if it is granted while you are here.
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If your current employment position is unlikely to continue much longer, you will have to find a new 457 sponsor and start the 4 years over again from scratch but apart from that problem, it's not quite as straightforward as simply working for 4 years on a 457 rather than the 2 years required for people under 50.
Once you have turned 50, you must meet specific conditions for an age exemption. If you don't qualify for an age exemption on the basis of your occupation (senior university academic, government scientist, researcher or technical specialist, Minister of Religion or in some cases, a Medical Practitioner), your earnings must have been at least equivalent to the Fair Work Australia High Income Threshold (currently $129,300) for each year over that period.
https://www.immi.gov.au/skilled/skilled-workers/pesp-exemptions.htm Exemptions
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Hii i am new to this forum... can anyone tell me abt immigration processing pattern.. is it on month basis or person whos occupation on skill list is processed first.
Each subclass of visa is processed separately by different Case Officers/teams. The following lists the processing time standards for each visa subclass but be aware that times are only the standards they try to achieve and are not in any way guaranteed.
http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm
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Do you have to pay the $3500 up front then? And if it is not approved you will get the money back?
Many Thanks for your advice.
You do not get a refund if your application is refused OR if you withdraw your application. Once you pay the Visa Application Charge to DIBP, that's the end of it.
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Only the ACT and WA have a public holiday today. Parramatta is in NSW.
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I've seen many posts by all 3 of the named RMAs telling people not to ask DIBP for advice and pointing out how unreliable such advice would be.
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When your Bridging visa takes effect, you will have unrestricted work rights. Until then (i.e. while your WHV is still valid), you are still bound by the 6 month per employer restriction though AFTER you have applied for an 820, you can apply on Form 1445 to have that restriction lifted.
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I didn't answer your question about a Resident Return visa.
Your permanent Partner visa is valid for re-entry to Australia for 5 years from the date of grant. Before that date, you can re-enter Australia on it and can stay forever if you wish - your PR visa doesn't expire just because the 5 years is up.
After the 5 year point, you can only enter Australia as a PR if you have a Resident Return visa. When you apply for an RRV, if you have spent at least a total of 2 years (doesn't need to be an unbroken 2 years) out of the 5 years immediately before applying in Australia on a permanent visa (time spent on a temporary/provisional visa doesn't count for this purpose), you will have no trouble getting a 5 year RRV - just apply, and you'll get it. If you have spent less than a total of 2 years out of the 5 years immediately before applying in Australia on a permanent visa, you should still be able to get a 1 year or 3 month RRV but they are not granted automatically. With an Australia partner, you shouldn't have much trouble getting one of the shorter RRVs but they're somewhat more difficult to get than the automatic 5 year version.
http://www.immi.gov.au/Visas/Pages/155-157.aspx RRVs
The time to apply for an RRV will be either when you want to come to Australia if that is outside the 5 year mark, or, if you're not ready to return, when you are still eligible for the 5 year version i.e. when counting back, you can still say that you have spent 2 years out of the previous 5 in Australia as a PR.
One further point which may influence your decision on where to have the baby...
If you will have been in Australia for 4 years in October, you will be eligible to apply for citizenship provided you have spent no longer than 12 months in total outside Australia since October October 2011 including no more than 90 days in the year immediately before applying (i.e. since October 2014). Having citizenship is of course preferable to having to mess about with RRVs.
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Hi All
I'm a UK citizen with Aussie Permanent Residency. My Husband is an Aussie and we are expecting our first child in October! YAY!
We were going to be moving back to the UK after the birth however would it be preferential to move beforehand due to babys visa / citizenship?
A few questions here so I'll number them!
1- If baby is born here, presume it becomes an Aussie citizen with an Aussie Passport?
2 - Does baby need a UK passport? If so, is it hard to get?
Trying to work out basically if it is worth leaving pre-birth or not...
3 - What is the process with hubby and getting him a visa and eventually PR over there? He is only 26, I heard he can get a special visa as he is under 30 (or something) which makes it easier for him to work?
Thanks everyone in advance!
Roll on the cold Christmases (the only way to be!)
Also for me, do I need a returning resident visa? I have been in Aus for 4 years this Oct.1. If baby is born in Australia, it will be an Australian citizen automatically.
If baby is born overseas, it will be eligible for Australian citizenship by descent (because of having an Australian parent) but citizenship is not automatic and must be applied for. Australian citizenship by descent can be passed to overseas born children if the parent (i.e. your child) has lived in Australia for at least 2 years.
Wherever it is born, it will be a British citizen; 'Otherwise than by descent' if born in the UK (so will be able to pass British citizenship to overseas born children); 'by descent' if born in Australia (only able to pass British citizenship to UK born children).
3. The visa you have in mind is a 2 year Youth Mobility Scheme visa but I'm not sure if people with dependent children are eligible. Here's a link to info on YMS visas:
https://www.gov.uk/tier-5-youth-mobility
The UK requirements for spouse visas are very much more difficult to meet than those for Australian Partner visas to the extent that some people can't get them at all even though they are in a long standing genuine relationship.
https://www.gov.uk/remain-in-uk-family
Baby should have passports for both countries. If you want to keep the cost down for the time being, better to get a UK passport so that s/he will enter the UK with no restrictions. S/he will need an Australian passport if you want to come back to Australia even for a short visit.
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Hi All
I'm a UK citizen with Aussie Permanent Residency. My Husband is an Aussie and we are expecting our first child in October! YAY!
We were going to be moving back to the UK after the birth however would it be preferential to move beforehand due to babys visa / citizenship?
A few questions here so I'll number them!
1- If baby is born here, presume it becomes an Aussie citizen with an Aussie Passport?
2 - Does baby need a UK passport? If so, is it hard to get?
Trying to work out basically if it is worth leaving pre-birth or not...
3 - What is the process with hubby and getting him a visa and eventually PR over there? He is only 26, I heard he can get a special visa as he is under 30 (or something) which makes it easier for him to work?
Thanks everyone in advance!
Roll on the cold Christmases (the only way to be!)
Also for me, do I need a returning resident visa? I have been in Aus for 4 years this Oct.1. If baby is born in Australia, it will be an Australian citizen automatically.
If baby is born overseas, it will be eligible for Australian citizenship by descent (because of having an Australian parent) but citizenship is not automatic and must be applied for. Australian citizenship by descent can be passed to overseas born children if the parent (i.e. your child) has lived in Australia for at least 2 years.
Wherever it is born, it will be a British citizen; 'Otherwise than by descent' if born in the UK (so will be able to pass British citizenship to overseas born children); 'by descent' if born in Australia (only able to pass British citizenship to UK born children).
3. The visa you have in mind is a 2 year Youth Mobility Scheme visa but I'm not sure if people with dependent children are eligible. Here's a link to info on YMS visas:
https://www.gov.uk/tier-5-youth-mobility
The UK requirements for spouse visas are very much more difficult to meet than those for Australian Partner visas to the extent that some poople can't get them at all even though they are in a long standing genuine relationship.
https://www.gov.uk/remain-in-uk-family
Baby should have passports for both countries. If you want to keep the cost down for the time being, better to get a UK passport sot that s/he will enter the UK with no restrictions. S/he will need an Australian passport if you want to come back to Australia even for a short visit.
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Ah right i see, I know what you mean about being restricted to one employer but to go over on the 489 visa you have to work within your occupation for two years. I love my job so will only want to do hairdressing when I'm over there anyway, and hoping that having a four year visa I will able to find a job ok.
Sounds like you both had an amazing time though. But that is crazy you met your partner over there and he is from your home town. I met people on the cruise liners from where I live was mad, a client emigrated to oz 40 years ago recognised my accent and ended up she use to live a few miles from me.
Super excited to go now 23 weeks and counting. Feels like forever!!!
You'll be fine on a 489, with a whv you can only work for each employer for 6 months during a 12 month period which is why most weren't willing to take a backpacker on, which I can understand from their point of view! I thought with a 489 that your only had to work full time in your profession for 12 months and live in the regional for 2 years? It doesn't matter if I had to work as a hairdresser for a few years, the money is good and I enjoy the job to an extent just don't want to do it forever!its crazy isn't it! I knew I was going over and meeting up with him at some point as I went over with his sister and group of friends, just never thought I would end up moving over there to be with him haha!
id always wanted to work on cruise liners as a hairdresser!! Did you enjoy it?
23 weeks! That's so exciting, bet you can't wait!
The highlighted parts are not how it works. On a 489, you can only live and work in an eligible regional area but it can be in any occupation. When it comes to applying for an 887 permanent visa, you must have lived in an eligible regional area for 2 years and worked full time (or part time in more than one job for the equivalent of full time) but again, the work can be in any occupation.
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If she has lodged a visa application but it has not yet been granted, she can submit a Change of Circumstances form 1022 to notify DIBP that you need to be added to her application as a secondary applicant.
http://www.immi.gov.au/forms/Documents/1022.pdf
If you can possibly see your way clear to getting married or otherwise meeting the requirements to be accepted as her partner before the visa is granted, the process is FAR easier and less expensive than applying for a Partner visa will be for you at a later stage and you will get your visa much faster.
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The site listing which occupations are sponsored by which states is ANZSCOSEARCH:
Note that entries for South Australia can be misleading. SA has a Supplementary list which includes EVERY occupation on the CSOL. If a search shows a yellow tick under SA, the occupation will only be on their Supplementary list and nominations will only be available under extremely restricted conditions.
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They definitely accept uncertified colour scans of originals regardless of what the document checklists say and if a CO wants anything else, they will ask.
@Killara (a respected RMA and lawyer) posted to another thread on the same subject just a few days ago. I had written that scans of originals were better than scans of certified copies and he pointed out that that wasn't correct in all cases but he also verified that colour scans of uncertified originals are usually acceptable.
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hello people
please offer an advise.
i am on 187 for a month and looking to call my wife on partner visa but,
when i check that 187 with spouse cost it says 1700 something.
and when i check partner visa it shows 4300 something.
so what cost and visa she would got as i am on 187 already.
Have you already been granted your 187 visa?
If you haven't been granted your visa, it is not too late to submit a Change of Circumstances Form 1022 to have your new wife added to your application. The cost if you can do that will be $1760. It's important that you get the form in ASAP as if you are granted your visa before you do, getting a visa for her will be much more difficult and expensive and will take much longer.
http://www.immi.gov.au/forms/Documents/1022.pdf
If you have already been granted your 187 and your wife was not included on your application as a migrating dependent, you will have to sponsor her for a Partner visa which will cost $4630 for an offshore visa or $6865 if she comes to Australia and lodges an onshore Partner visa application. A Partner visa application is not only more expensive than including a partner on a work visa application but it is considerably more complex and requires much more evidence.
http://www.immi.gov.au/migrants/family/family-visas-partner.htm Partner visa options
http://www.immi.gov.au/forms/Documents/1127.pdf Partner Migration booklet
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The ACS always deducts some work experience before considering applicants to have met the required skill level. In the case of someone with a qualification assessed as comparable to an Australian Bachelor degree with a major in computing, according to their guidelines, the period deducted is usually 2 years. There would be no point in asking for any work experience before May 2012 to be considered as prior to that date, you had not met the required skill level.
If you're now short of points because you can only claim for experience gained after May 2012, and are currently not eligible for points for Proficient or Superior English, you should try to make up the shortfall by doing the PTE Academic English test - it's a fairer test than IELTS.
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If you're a Resident for Tax Purposes and earn less than $18,200 in a FY, no tax is payable. If however you are not an RFTP, you must pay tax on every cent you earn starting at 32.5 cents in the dollar for the first $80,000. Some people on WHVs are RFTP and some are not. The following will help you determine your status:
http://calculators.ato.gov.au/scripts/axos/axos.asp?CONTEXT=&KBS=Resident.XR4&go=ok
Head in a twist over 457! Please help!
in Visa Chat
Posted · Edited by Ozmaniac
Typo
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.