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awelter

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About awelter

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  1. awelter

    Vetassess Advisory Service/how many days

    No certificate. They will give you their opinion about your qualifications, work experience and chances of obtaining a positive skills assessment. They will tell you what documents you will need and/or if provided documents in Advisory Service are sufficient. However, it is only their opinion which does NOT guarantee a particular skills assessment outcome.
  2. awelter

    Vetassess Advisory Service/how many days

    My experience from February 2015 is 3 weeks processing time.
  3. 457: http://www.comlaw.gov.au/Details/F2015L00563 1. News English language tests are permitted for 457 visa. 2. Average scores for these tests (except for OET) are introduced. 3. Exemption based on 5 years of full time study is relaxed - it doesn't have to be consecutive now - in general (exemptions apply), an applicant who has completed at least five years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English is exempted. 485/476: http://www.comlaw.gov.au/Details/F2015L00564 Overall Scores have been introduced - English language requirements have been relaxed.
  4. awelter

    Previous 457 Visa

    Not necessarily the VAC is lost. In case a nomination is refused and a 457 visa application is withdrawn as a result, the VAC should be refunded. Regulation 2.12F(2)(f) states that the first instalment of a VAC in relation to an application for a visa listed in regulation 2.12F(2B)-incl.457- must be refunded if the visa application was withdrawn because there was not an approved nomination that identified the visa applicant.
  5. awelter

    When right to return expires..

    Reg. 1.03 http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.03.html "Australian permanent resident" means: (a) in relation to an applicant for a Return (Residence) (Class BB) visa or a Resident Return (Temporary) (Class TP) visa--a non-citizen who is the holder of a permanent visa; or (b) in any other case (other than in the case of an applicant for registration as a migration agent under Part 3 of the Act)--a non-citizen who, being usually resident in Australia, is the holder of a permanent visa. Section 82(5) of the Migration Act http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s82.html (5) A visa to travel to and enter Australia (whether also a visa to remain in Australia) during a particular period or until a particular date ceases to be in effect at the end of that period or on that date unless the holder of the visa: (a) has entered Australia in that period or on or before that date; and (b) is in Australia at the end of that period or on that date. How do we call a status of a person whose visa has ceased in the way as described above? It is surely true that ETA cannot cancel a PR visa but a visa that has ceased cannot be cancelled by the grant of any other visa.
  6. http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s104.html Don't forget to notify DIBP about your newborn child if you haven't validated your own visa yet.
  7. awelter

    WHV work restriction advice

    The key term here is the same employer and how DIBP apply the definition. Many people are trying get employed through an agent thinking they would comply with the condition 8547 but they do not comply. See what the policy says: For the purpose of condition 8547, the employer is the business for which the visa holder is directly working directly - that is, the end user.... Visa holders cannot stay with any end user (in the same or a different position) beyond 6 months by using different employment agencies, business affiliates or sub-contracting arrangements.
  8. awelter

    Including a partner after 457 application lodged

    Partners cannot be added to pending temporary visa applications. However, in general (not in all cases), partners can lodge a separate visa application which means they have to pay a full visa application fee (not the usually reduced additional applicant charge). In case of 457 visa, those charges are the same so it doesn't make much difference. For adding dependant children to pending temporary visa applications - see Regulation 2.08B or 2.08 for a newborn child.
  9. awelter

    Visa options - hoping that options exist for us!!

    190 visa - although there is no legal obligation to stay in the nominating state, one aspect should be considered. If an applicant applies to a state government for a state nomination and, at the same time, has no intention to comply with the moral obligation to live there for two years, such a visa obtained could be considered to be granted on the basis of incorrect information or a bogus document, and therefore it could be cancelled under section 109 of the Migration Act. On the other hand, in relation to 489 visa, I don't see any legal requirement that would force a 489 visa holder to live in the nominating state. The attached condition 8539 requires the visa holder to live in a specified area, however, as long as it is one of the specified areas http://www.comlaw.gov.au/Details/F2012L01444 , the visa holder can live in any state. Of course, if a 489 visa is obtained due to incorrect information, it can be cancelled as well.
  10. awelter

    Tourist to Partner Visa transition?

    Thanks ozmaniac for correcting me, you are right. My apology. Legislative instrument IMMI 12/094 applies in this case. I think I need to take a break.
  11. awelter

    Electrical Diploma in Australia for permanent visa

    And it is a lengthy and expensive process through TRA Job Ready Program for international graduates.... http://www.tradesrecognitionaustralia.gov.au/Programs/JobReady/Pages/default.aspx
  12. awelter

    Tourist to Partner Visa transition?

    As a Dutch, would your partner be eligible for 417 Working Holiday visa? That would give you some extra time to live as partners and he would have working rights unlike a visitor visa holder.
  13. awelter

    Student Visa termination

    Yes, a student visa can be cancelled due to a non-compliance with the condition 8202 (not achieving satisfactory course progress or not achieving satisfactory course attendance). As a result, a former visa holder would be facing a 3-year ban due to PIC 4013. Visa overstaying has similar effects but it relates to PIC 4014. Before a visa is cancelled, a visa holder should be sent a Notice of Intention to Consider Cancellation and given an opportunity to comment on the grounds for intended visa cancellation.
  14. Just a clarification - someone could interpret this as it is not necessary to be in a de facto relationship for 12 months before an application is made. No - de facto relationship must exist for the period of 12 months before the application is made. It is just assessed at the time the application is decided.
  15. Adding a de facto partner to a subclass 189 after an application has been lodged - yes, it is permitted When an additional applicant is taken to have applied for a visa? Under Reg. 2.08A, the application of the additional applicant is taken to have been made on the later of: (A) the Minister receiving the request; and (B) the additional applicant charge (if any) being paid. An interesting point - PAM - Sch1 item 1137 Skilled Independent (Permanent) (Class SI ): Secondary applicants are not required to prove their relationship to the primary applicant in order to make a valid Class SI application. Secondary applicants need only claim to be a member of the family unit of the primary applicant. When is a de facto relationship assessed? This is assessed at the time of decision (Schedule 2 189.311).
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