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engaus

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Everything posted by engaus

  1. This info is on the IMMI site http://www.immi.gov.au/Visas/Pages/417.aspx How to calculate specified work 'Three months' means three 'calendar' months or 88 days. Work can be either: in one block with one business in separate blocks with one business or a number of businesses. Blocks of work may be in different kinds of specified work. One full day of work is defined as having worked the minimum number of hours considered to be a standard day by the particular industry in which the applicant is employed. Generally, the Australian working week is 35 to 40 hours, consisting of seven to eight hours of work each day. Individual employers can not set a smaller period of time than the industry standard to satisfy the specified work requirement. In calculating the period of time for which the applicant has undertaken specified work, the type of employment relationship the applicant may have with their employer, including full/part time employment, casual employment or voluntary employment, is not as important as whether the relevant industry considers the period of work completed to be equivalent to full time work for that industry. For example, if the applicant's paid employment involved two weeks on and then two weeks off, and this is standard practice in the industry, the applicant would be considered to have worked for four weeks (28 days). If the employer is satisfied that the applicant has undertaken the equivalent of full time work for that industry for the specified period, the visa decision maker may be satisfied that the applicant has undertaken full time work for the specified period. Applicants whose work is equivalent to full time employment may count weekends in the 88 day period. However, if the applicant's work is not equivalent to full time employment, for example, part time or casual, they may only count the full days actually worked. In circumstances where the applicant is employed by more than one employer at the same time, they may only count each calendar day of work completed once towards their 88 day specified work requirement. The shortest period that may be counted towards the specified work requirement is one day of full time work (for that industry). Applicants cannot count a long day of work as more than one day of specified work. For example, if the industry's standard day is six hours long, working a 12 hour day does not count as two days of specified work. Full time workers can count sick days only during periods where they were in paid employment and entitled to sick leave or covered by a workers compensation scheme. In these situations, supporting evidence must be provided by the employer. Applicants who were prevented from obtaining employment because of injury or seasonal circumstances cannot count any time they were unable to work towards the three month period. For example, cyclones interrupting harvest activities. Some possible examples to help clarify the definition of three months of specified work are outlined below. Examples that meet the three month requirement Working week Working on a farm for three months for five days each week, where the industry standard is five days a week of full time work. Shift work Employed as a miner for three months and under the employment contract are only required to work every second week, which is the standard full time contract for the industry. Blocks of work Completing 60 days of harvest work, followed by a period of travel for two months. Then completing another 28 days in construction, bringing the total days worked to 88 days. Sick days Employed for a three month period but take several days of sick leave during the period. Examples that do not meet the three month requirement Working week When five days of work a week is the industry standard on a farm, but the applicant only works four days a week for three months. Work done on another visa type Completing three months of specified work during the summer break while on a Student visa. Seasonal circumstances Picking bananas for 80 days on a casual basis, but the applicant cannot find more work as there is a cyclone and their first Working Holiday visa ceases.
  2. Goodness me. Stay away from the agent that suggested that you can apply now because application times are taking 10-14 months. The 12 month cohabitation requirement is a "time of application" requirement. Which means you need to fulfil it prior to lodging your application. The only way to get around not living together for 12 months is to get married or register your relationship in a eligible state in Australia (be a little difficult if you are both living in the UK). If you don't want to get married and your unable to register your relationship you have to show 12 months of cohabitation. Have a read of this document, note that IMMI say "To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made". https://www.immi.gov.au/media/fact-sheets/35relationship.htm
  3. You application will be processed in the closest processing embassy - is your partner from Pakistan? There is probably under 5 case officers in each embassy processing a huge amount of applications so processing times are blowing out. The days of partner visas taking 6-8 months are long gone (there might be the odd one here and there, but it's certainly not the majority). Processing times in London are currently 10-14 months, and if you are applying from Islamabad then you will most likely encounter ASIO security checks which can take a very long time. At the moment Islamabad is stating a 12 month waiting time for offshore partner visas (see link below) - but I have seen people waiting up to 18-24 months from Islamabad because security checks have not been finalised. http://www.pakistan.highcommission.gov.au/islm/120822pg9diac.html Most embassy's prefer online applications now days (this became available a bit over a year ago). There is no documented proof atm that online applications take longer than paper, or visa versa. In theory case officers should find it a lot easier to go through and assess online application.
  4. Yes, I thought as much - I didn't think it was that hard to pick up on, obviously others did But, just so you know it's not a visa you son needs. He has a right to a Australian passport because of you.
  5. Citizen by descent is my guess - given he is referring his son
  6. So you have an employer reference and your employer verification form? I think too many people were taking advantage, so IMMI clamped down e.g people were not actually doing the farm work and just submitting a employer reference to verify the work. They now seem to suggest WHV undertake paid work, if you don't have enough proof of volunteering the will deny the visa. From IMMI: Acceptable evidence of specified work (completed while on their first Working Holiday visa) includes original or certified copies of the following: payslips group certificates payment summaries tax returns employer references a completed employment verification form signed by the applicants employer original Australian bank statement covering the period of declared specified work, Form 1263(Working Holiday visa: Employment verification (75 kB PDF file) Note: Providing a completed Form 1263 and additional forms of evidence will allow a Working Holiday visa application to be assessed more quickly. Please ensure that all information provided is correct. Contacting third parties to verify the claims of applicants for second Working Holiday visas will now be a standard component of second Working Holiday visa application assessments. If the applicant chooses to undertake specified work in a voluntary capacity or for payment in kind, it may be difficult to verify they have completed the required specified work. If we are not satisfied that they have completed three months specified work in regional Australia, their second Working Holiday visa may not be granted. To enable a successful visa application, it is preferable that wages are paid directly into an Australian bank account and that an original bank statement is provided as evidence.
  7. The OP says he is on a temp partner visa, which would mean the wife is Australian - so her support network is here in Australia (presumably).
  8. Web Developer is on the CSOL list but there are no states currently sponsoring, which leaves getting an employer to sponsor you. I believe it also requires a degree - or if you don't have a relevant degree 5 years + experience may substitute for it (just Googling the ANZSCO code on the CSOL list for this info). Have a look at the SOL+ CSOL lists to see if something else suits - Google the ANZSCO code next to the position and it will give you the basic requirements for that job. SOL - http://www.immi.gov.au/Work/Pages/skilled-occupations-lists/sol.aspx CSOL - http://www.immi.gov.au/Work/Pages/skilled-occupations-lists/csol.aspx If at some point you can qualify for a independent skilled visa in a profession you can go over to Australia and continue your business. But otherwise you may need to consider working for an employer for a few years and running your business on the side. Consult a registered MARA agent - they can help work out a path forward for you. Will help clear up a lot of things for you. Australia has changed a lot in two years, and you won't be on an extended holiday if your planning to move over. But best of luck - it may not happen soon but where there is a will there is a way (just be careful of those rose coloured glasses)!
  9. Except that guy and his partner never applied for a spouse visa (if it's the one I am thinking of) . The OP holds a temporary partner visa which changes the ball game a bit. Temporary Partner visa holders If your relationship with your partner ends while you have a temporary Partner visa (subclass 820 or 309),you may still be eligible for the grant of the permanent Partner visa without having to fulfil the usual twoyearwaiting period if: • after you have entered Australia as the holder of a Partner visa (subclass 309), your relationshipbreaks down and either you or a member of the family unit of yours or your partner are the victim offamily violence committed by your partner; or • after you were granted a Partner visa (subclass 820), your relationship breaks down and either youor a dependent child of yours or your partner are the victim of family violence committed by yourpartner; or • after you enter Australia your relationship ends and you have parental responsibility for at least onechild (under the age of 18 years) in respect of whom your sponsoring spouse also has parental responsibility; or • your partner dies. You will need to establish that, had your partner not died, the relationship wouldhave continued. If you have applied for Partner visa while you are in Australia, you must also be ableto show that you have developed close ties with Australia.
  10. engaus

    Form 80

    Don't lie just because you can't remember what the dates are. Just be honest and tell them. They have a ton of people applying from Europe - they are used to passports not being stamped etc as CG said above. The same goes with your schooling. Write down what you can remember and explain the gaps - e.g tell them where you were but that you cant remember the name of the school. Form 80 is part of the character check and it won't look good if they see you making up things so that everything makes sense on paper. At the end of the day it might go through without any issues, but better to be honest so that they can't have anything against you
  11. Yes. Don't let them fool you into thinking that just because it's on the SOL/CSOL list that it's in demand.
  12. Yup you can get your medical done in Australia and wait till you have landed to get the Australian police check
  13. I have not seen anyone waiting for longer than 8 months for the 801 permanent visa.
  14. Or apply for your partner visa online and then you don't need to get anything certified as a true copy. OP make sure you fulfil the 4 evidence categories and demonstrate your relationship is genuine and continuing. All that still needs to be proved even if the relationship is registered.
  15. I don't understand. What was their reasoning for not representing you? I presume they would have known you had worked illegally prior to taking on your case - and if they thought there was going to be an issue, they wouldn't have taken you on. Were they MARA registered? I have seen people do a lot worse than what you appear to have done - go on to get permanent visas. Speak to one of the MANY agents on this forum who are MARA registered and get a second opinion. It will cost you a few hundred dollars for an initial consultation but they can assist you with the letter etc.
  16. So you would need to look into partner visas as I really don't see how you would get a skilled visa. You mention that your partner moved back several years ago so how have you maintained your relationship? Speak to an agent and maybe have a read of the partner visas so that you can get your head around it all a little. You wont get any of the in-depth information you need on a free forum about your health issues so will need to get assistance from an agent like George. Brief breakdown of the partner visas: PMV 300 - if you haven't lived together in what IMMI consider a "de facto" relationship and/or lack the evidence required to prove you have been. The visa is granted and you have 9 months to get married, after which time you would apply for a partner visa. http://www.immi.gov.au/Visas/Pages/300.aspx Offshore partner visa 309/100 - if you have lived together in a de facto relationship for atleast a year and have the evidence required. Any periods of separation needs to be temporary. You can get married or register your relationship and it will waive the 12 month requirement but you need to meet all the other visa requirements and prove you are in a genuine and continuing relationship. http://www.immi.gov.au/Visas/Pages/309-100.aspx Onshore partner visa 820/100 - if you want to apply for a partner visa onshore (would need a substantive visa for you to be onshore before applying for the onshore partner visa). Same relationship rules apply as the offshore partner visa. http://www.immi.gov.au/Visas/Pages/801-820.aspx PMV requires far less evidence and would suit if you haven't spent a great deal of time together over the years. Also have a read of the partner booklet - it's a little outdated but will help put things into perspective Partner Visa Booklet http://www.immi.gov.au/allforms/pdf/1127.pdf
  17. I believe they are looking at 801 applications in a lot more detail these days. On another forum we have seen an increase in rejections for the 801 - where in the past you required very little paper work really and it would be granted in a few weeks or so. They are now saying 6-8 months - but again on the other forum I have seen most people receiving a grant within this time frame. People seem to be waiting between 2-6 months thus far. There is an ongoing thread on that forum for processing times for the 801. Let me know if you would like the link and i'll PM you.
  18. What MaggieMay says is right:) Sometimes easier to think of it as one application in a two stage process - the health check you undergo is preformed in the first stage of the application for the 100.
  19. I think Ozmaniac saying you can be married (which at the moment is only open to opposite sex couples) OR you can meet the 1 year relationship requirement (i.e. be in a de-facto relationship which is open to everyone) - and on the link provided it states you can register your relationship That's how I read the paragraph anyway I haven't heard of people who are together for 5 years being exempt? (I presume you mean 5 years long distance?) I know people who are in a relationship for 3 years or more, or 2 with children go straight to PR.
  20. Lots of people migrate with health issues. But it isn't straightforward, eg. Medications costs come into it Someone like George will be able to give you a comsultation and tell you.
  21. I don't see how you would qualify for a skilled visa based on the background you provided in your first post. Only people with specific skills can get work visas. Would you not be better looking at a partner visa of some sort e.g 309,820 or 300? He would have permanent residency I assume, citizenship is different.
  22. engaus

    defacto issue

    No one can answer that - I applied online and got approved in 4 months, this was unusual. But IMMI has already said they prefer applications to be done online (some embassy's are different but this is the case for onshore applications)
  23. OP is quite obviously emotional - I don't think we need to get personal.
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