duno

Thanks for all the good advices! I've located a local migration agent and is seeking help from them. Thank you all once again, really appreciate your help in getting me through such daunting and confusing time.

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If you have been together 7 years and didn't mention her as a partner in your application then you could have a problem trying to sponsor her later for a spouse visa. You need to get her ont this application quickly. You can't claim later that the relationship existed if you didn't mention it now.

 

They won't suspend the processing but they will give you a certain length of time to provide some evidence.

Thank you! I forgot to mention that my plan included treating the relationship as a new one when sponsoring her.

Anyway, since we're not staying together, the only thing worrying me is that what if I couldn't prove my relationship? Will my application be rejected downright?

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I do think your best course of action is to contact a good migration agent urgently and get their assistance.

Haha, thanks Marisa. I agree that's probably the best option I have right now. I'm hesitant to incur more expenses in my visa application, so I hope there are alternatives.

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Hi all, last night I posted a query regarding 189 visa and de facto relationship, and today I have another topic to discuss.

I have submitted, paid, and provided additional information as requested by my CO. My current application status should be awaiting visa decision. I have applied with "SINGLE" marital status and "NO" to including partner in the application. After a(n overdue) research in this forum, I realised that I may be able to include my GF of 7 years. The reason I didn't include her is because I was worried I couldn't prove our de facto status since we are not staying together on a permanent basis, and therefore my application would be rejected. My initial plan was to get the 189 visa, then sponsor her. However, I learned that this is neither a fast nor cheap option.

So my question now is:

1. At my current visa application status, can I still make changes to my application? Presumably I will be using Form 1023 Notification of Incorrect Answer to change my marital status to "de facto." and "YES" to including partner. I believe Form 1022 Notification of Changes in Circumstances is not applicable here since my relationship should be in effect before my visa application.
   
2. Now, it may sound counter-intuitive, but if #1 is valid, I hope to suspend/delay my visa application because I need some time to gather the evidences that may potentially be needed for proving the relationship. I am thinking of writing to my CO and tell them to hold on to my visa decision. Anyone tried this before? Is that even possible?
   

I know all these seem to be a little too late. I was applying without any help or advice, you see. So kindly forgive my ignorance.

:embarrassed:

Edit: On my ImmiAccount, I have attached all requested documents, but I have yet to click the "Request Complete" button.

You can use any agent but be sure that they're MARA registered to be sure they are reputable. On these forums you could talk to @wrussell or @Alan Collett or @Raul Senise

 

The thing that's worrying me is that if you're going to wait till you're married before applying, a spouse visa will take 10-14 months to be approved. So it's a great pity you were not able to include her on your application. A talk with an agent will clarify whether you have any options.

Do you know what type of evidence will DIBP usually request to prove a de facto relationship? I am thinking of putting in a de facto, hoping for the best that I might be able to convince them. Worst comes to worst, if I couldn't prove it, will my application be rejected downright due to misleading or false information? (Well, technically it is not misleading or false since I do not know exactly what constitutes to a "de facto" relationship. Some people say that living together is not the only factor, yet some say it is.)

No, that's not what I said. You do need to apply manually for an RRV if you want to enter Australia after the 5 year travel period of your Visa has expired. If you've lived in Australia for 2 years (doesn't have to be continuous but any period or periods that adds up to the right number of days) in the 5 years before applying for your RRV then the approval of your RRV is automatic (but you still have to apply via an online application) and will normally be granted within 24 hours (sometimes much less). If you don't leave Australia at all then you'll never need an RRV - but you'll need the RRV to enter Australia. You can keep your PR indefinitely whilst spending 3 out of every 5 years outside of Australia if you want to. There are no restrictions on the number of times or the period between you leave and enter Australia during the 5 year validity of your visa - but as I've said you won't be able to get a new 5 year RRV if the time you've been in Australia in the previous 5 years adds up to less than 2 years.

 

If your spouse is granted PR then her visa will have the same rights.

Ah, I see. Thanks for clearing up! I will keep note of this in the future. You guys and girls are great! :hug:

You can use any agent but be sure that they're MARA registered to be sure they are reputable. On these forums you could talk to @wrussell or @Alan Collett or @Raul Senise

 

The thing that's worrying me is that if you're going to wait till you're married before applying, a spouse visa will take 10-14 months to be approved. So it's a great pity you were not able to include her on your application. A talk with an agent will clarify whether you have any options.

Well, that's indeed worrying. I should have sought advice when applying.

I read that I can still provide more information or correction before visa is granted, so I hope I am still able to include her now? I'll contact one of the agents for help.

No. You can leave Australia two days after you arrive, if you like! You have a travel visa on your PR visa which means you can go anywhere you like. Once that's expired at the end of 5 years, you can't leave the country, even for a day, without a RRV - otherwise you will not be allowed back into the country.

 

You must apply for the RRV before you travel, and you must have spent at least 2 years out of the previous 5 years in Australia, otherwise it won't be granted.

Thank you! That really clears up a lot.

I have already submitted my visa application, but IIRC I can still provide updates before the visa grant. If you could kindly link me to a migration agent, I will be very grateful. The de facto relationship is another thing I'm worried DIBP will say I provided false information so to be safe I didn't put it in my application.

Once the travel visa attached to your PR visa has expired you will need an RRV to enter Australia (even if you've only gone for a short holiday). Provided you've been in Australia for 2 years out of the previous 5 years the granting of a 5 year RRV is automatic (and normally issued within 24 hours of the online application) so no dramas. You can have as many 5 year RRVs as you like (provided you've been in Australia for at least 2 of the previous 5 years each time). If you don't meet the residency requirement there are some shorter period RRVs available if you can show some tie to Australia. RRVs are however only required if you're going to enter Australia. If you're going to remain in Australia you don't need to apply for anything as PR is permanent - but don't go breaking the law as the Australians have take to cancelling PR visas for holders who've been sentenced to more than 12 months in jail!

Hmm, so what you're saying is, I can leave Australia every 2 years (minimum) indefinitely (well, not necessary need to be literally indefinitely, but as said, 10 years would be adequate) without having to manually apply for a RRV? That's great, but I don't remember seeing this in any information I've found though.

If I sponsor my spouse, will her visa have similar rights? Thanks!

Don't panic, it's not as bad as it sounds! The point of condition 2 is that they don't want people getting PR with no real intention of settling in Australia. For instance, someone from an unsettled country who doesn't really want to leave their homeland, could apply for PR "just in case", fly over to Australia to activate their visa, then go home again!

 

So, what the 189 visa means is that you can stay in Australia forever, provided you don't leave for too long - holidays are fine though! After the 5 years is up, you just need to apply to get a stamp in your passport to give you a Right of Return. A better idea, actually, is to get citizenship before then - that way you don't have to bother about RRV's ever again (and you can keep your British citizenship too so you're not losing anything).

 

Assuming you didn't put your girlfriend on your visa application as your de facto, then no she won't get automatic entry as far as I'm aware.

Thank you very much for the quick reply. That answered all my questions!

I'm not from the British though. I doubt Malaysia allows me to hold dual citizenship but well, I'll be happy to live in Australia for maybe 5-10 years before going back to my home country (my aging parents are here).

Yes, I didn't put her as De facto so she will have to go through the partner visa application unfortunately.

Our relationship is a bit... complicated. Technically we are not in de facto relationship since we don't stay together all the time. We do see each other a lot and we've been dating for 7+ years.

Hi all, I've been a member of this forum website, but I am not a forumer, so to speak. I have a few questions regarding the rights of 189 Visa holder. I apologise if this question has been asked before as I am not sure how to search the forum.

Long story short, I have applied and paid for 189 visa and is now waiting for a decision. I intend to migrate in 2016. I have read the DIBP 189 visa page countless times to make sure I am eligible. One point I do not quite understand is the following rights for visa applicant:

1. Stay in Australia indefinitely
   
2. Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).
   

My confusion is, point 1 says that I can stay in Australia for as long as I like, yet point 2 says that after 5 years, I need a RRV or another visa to return to Australia. What I understand is, if I had stayed in Australia for 6 years, I can still legally stay and work. If I then decided that I want to return to my home country, I would need a new visa to go back to Australia. Is that right?

So after 5 years, what kind of visa do I need to return to Australia? Do I have to reapply (and *gasp* pay for) another 189 again?

I intend to bring my GF to Australia as well as 189 allows me to sponsor a partner. If we got married before she migrates (and after I am granted the visa), do I have to apply for sponsorship for her or will she receive a visa automatically (since she is marrying to a PR)?

I am sorry for the long post. I have too many questions regarding this visa since I am applying myself without any help. Thank you!

Yes. An engineer who has a Washington Accord qualification can get a positive skills assessment without ever having worked as an engineer.

 

In order to have met the Australian Study requirement for points, you must have completed in no less than 16 calendar months either: a single qualification requiring at least two academic years study or more than one qualification resulting in a total period of at least two academic years study. You must have done the degree while physically in Australia - a degree studied overseas even though it is awarded by an Australian educational institution is not eligible. It isn't clear from what you've written if you did your degree with RMIT in Australia or overseas.

http://www.immi.gov.au/skilled/general-skilled-migration/2-year-study.htm The ASR

 

If you meet the Australian Study Requirement, have a positive skills assessment and resit IELTS until you have achieved a score of at least all 7s in a single test, you will have 60 points and will be able to submit an EOI for a 189 visa. If you don't meet the ASR, you will need to score all 8s in IELTS. If you submit an EOI for a 189 with 60 points, you will get an invitation to apply for a visa, probably within a few weeks.

 

If you could get state sponsorship for a 190 visa, the 5 points for that would get you to 60 points with only IELTS 7s but I doubt if any state will sponsor an engineer with no work experience.

Thank you very much for the clarification. :notworthy:

Now I remember, I have read about the 2 years requirement somewhere.

Sorry for the vague post. I transferred 4 semesters equivalent of credits from Malaysia back in 2011, and attended RMIT in Melbourne from June 2011 to December 2013, completed all 5 semesters while I am physically in Australia. So by the definition, I am qualified to get the 5 points, right?

I do not intend to get a sponsorship, either 190 or 457, because I am not very certain I will be able to get it. Seeing that my situation is not looking good, I intend to work as other jobs than engineering to get some experience first (I am on 476 now), while in the meantime I am trying to determine whether I can get a PR before finding an engineering job, and your reply has pretty much clear up my doubts. I will work hard to get a better IELTS score.

Does a marginal pass of 60 points make me at the bottom of the list? As far as I know, my lack of work experience is not a good sign, since the whole point of this point test is to bring in skilled migrants. Isn't getting an invitation to apply for a visa within weeks a bit too optimistic? How long will it generally take to finally be granted the 189?

Hi everyone. I am new here and this is my first post, so if I broke any rules or made any mistakes, kindly guide me.

I posted this question on other forum and was redirect here, which I think may help me answer some questions I have. So this is my story.

I am from Malaysia and I graduated in B.Eng E&E from RMIT Australia back in Dec 2013. Long story short, things doesn't look good and I am unemployed until now.

Any engineers under the permanent resident visa subclass 189, I have a few questions. So far the following is what I have found out:

• I need to nominate an occupation from the SOL. I intend to nominate Electrical Engineer, but I do not have any skilled employment so far. As far as I know, nominated occupation =/= I am working or have worked as the occupation before. It is basically required for skill assessment and also just a filter for the government to select what kind of skilled migrant they want to take, right?
• I need to obtain a skilled assessment from Engineers Australia. I have talked to EA regarding the assessment and they said the skilled employment assessment is optional. They also said that with my RMIT degree, a standard AEQ assessment is sufficient to get a positive result.
• The minimum points required to pass the skill test is 60. Based on the table given by DIBP, I have broken it down to the following:

Note: This one is tricky. As stated in DIBP website:

"One or more degrees, diplomas or trade qualifications awarded by an Australian educational institution and meet the Australian study requirement"

I am guessing my RMIT degree falls under this description?

The rest is not relevant to my situation.

Now my total point is already 50 and I have no work experience. If everything goes by the book, I resit IELTS and get at least score of 7, I will get another 10 points and I will pass the minimum points required for 189.

Does that mean theoretically I can get a PR without work? What will be my chances of getting invited? Any comment or advice is greatly appreciated. :ssign16: