wrussell

Ask your agent.

It certainly is not a good sign. You either satisfy the applicable criteria, or you do not. Ministerial delegates have no discretion to waive the criterion you have identified. You might be wee advised to withdraw your application, rather than have it refused and be subject to the consequences of a refusal. May I suggest you take professional advice?

The correct answers to your questions are: Yes and Yes

There is no general answer to this. You would have to satisfy the DIAC that you were performing the usual duties of your nominated occupation (or a closely related occupation) at the skill level expected in Australia for the relevant period.

VETASSESS opinions about work experience are largely irrelevant in the scheme of things. 10 points for temporary visa nomination 5 for permanent

A bowdlerised extract from one of my novels: Madison can always conjure an ogre when it needs one— the 747 going down—cut to a swarm of MIGs—a brace of Top Guns scrambling off the USS Liberty—The Land of the Spree, The William Tell Overture—make that one Top Gun, we don't want any target identification situations—station ID, a smidgen of recycling, greenhouse, any bulls****, with subliminals of G. eating a baby and H. picking his mother's pocket, or should that be G. picking his mother's pocket and the baby pis**** pissing in a gas mask. Perhaps G. pis**** in everyone's pocket and KGB pis**** in their pants. No that was last week, you can't keep tabs on all the people all the time, KGB have their pants down, they are pis****g in the ocean. Uncle Sambo has Me-Too under control. He would have sent a thousand warriors to each side if Uncle Sambo had nodded. Uncle Sambo decreed—Take a dive Shorty. Me-Too does as he is told or Uncle Sambo will not drape the nuclear shroud over the Asian hordes when they flood down to the Clever Country. Shorty is not as clever as G. or even H. If he were he would let the gun-toting yanks train the hordes in jungle warfare, problem solved, they would annihilate themselves. If Shorty bends backwards any harder, he will be sucking his own ar**. The army jerks have other ideas—drag the gun to Darwin and give them a fright. Shorty is pis**** in his own pocket. Uncle Sambo looks as if he is about to keelhaul himself—the greatest military technology in the world—the greatest show on earth— that will keep them quiet for a while.

If not wanted for anything else, many over stayers just get on a plane and go.

She is not the only one, by far. These circumstances can sometimes be remedied if the victim takes appropriate action.

My advice to 457 holders is always to quietly start preparing a PR strategy at the earliest possible stage. In the worst case, if there is a failure of business conditions, or the employer does not like the shape of your head, you can find yourself with 28 days to leave Australia. I have recently assisted several nurses who relied on advice from recruitment agencies and found themselves up that well known creek in a barbed wire canoe and no paddle. It is not a good idea to rely on advice from agents or agencies who are acting for an employer or advice from well-meaning forum posters who did it once years ago, or even 5 minutes ago.

All the RMAs who regularly post on this forum are OK.

It is relevant inasmuch as it goes to the issue of character. I mentioned that Australian 'bans" do not apply universally, for anyone who might be interested. I should have made it clearer I meant AU bans.

May I suggest you consult a registered migration agent for advice about possible visa strategies?

Unless they arise from criminal convictions or adverse security assessments, bans (non return periods) do not apply to all classes of visa.

If you overstayed in the USA you will automatically have an FBI record, which will come to light when you obtain the mandatory penal clearance. This could adversely affect the progress of an Australian partner visa application, but would most probably not cause it to be refused unless there was more to it than an uncomplicated overstay. There often is more to it - working illegally is not uncommon in these cases. Even with this you would probably be OK; eventually. May I suggest you consult a registered migration agent for some advice about strategy? All the registered migration agents who regularly post on this forum are reliable.

If you are transferring to an associated company you might not have to do anything. May I suggest that you put the full facts of your case to a registered migration agent for an assessment?

It does not hurt to have a practice run.

Nonsense.

There is a registered migration agent in TN and others elsewhere in the USA.

Not the legislation, the ministerial directions.

Form time to time I describe various nonsense from the DIAC site as twaddle. What is rude about that? Those who rely on information published on the DIAC site to to place a construction on migration legislation or regulations are looking for trouble. A question to be considered in a LRR case is: who may not have too many near relatives as described who are not permanent residents of Australia? The visa applicant? The sponsor. Both? and which classes of relatives would disqualify the visa applicant and/or the sponsor? If the issue in the posted case seems to be: would having dependent child disqualify the LRR visa applicant? The answer is: consult a RMA, not the DIAC website or well-meaning amateurs who have copied and pasted twaddle from the DIAC website. Subject to satisfying certain conditions, the following family members can be included in an LRR application: a spouse or de facto partner, a dependent child, other dependent relatives.

See: [h=3]ACTS INTERPRETATION ACT 1901[/h]

What a load of twaddle! If you want migration advice, consult a registered migration agent.

There is a definite answer available.

That is the very last thing to do. Consult an experienced registered migration agent for an assessment of the matter.

Not necessarily the case. Possibly not, depends on the circumstances of your case. May I suggest you run your case past a registered migration agent?