awelter

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.

My experience from February 2015 is 3 weeks processing time.

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.

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 In case a nomination is refused and a 457 visa application is withdrawn as a result, the VAC should be refunded.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to an application for a visa listed in regulation 2.12F(2B)-incl.457- must be refunded if the visa application was withdrawn because there was not an approved nomination that identified the visa applicant.

..... And you wouldn't be a 'former permanent resident' - you would still be a PR; you don't lose your PR just by staying out of Australia beyond your travel rights date. I know you've read a post on another thread that seems to indicate that you will lose your PR but that's not how it works....

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.

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.

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.

309s are offshore Partner visas and the only people who can apply for them are the partners of Australian citizens and PRs. You are neither a citizen nor a PR so he is not eligible for a 309.

 

He must be included either as a secondary applicant on your 457 application (if he gets his new passport before your 457 is granted), or he must lodge a 457 Subsequent Entrant application. If you apply for a 457 before he gets his new passport, and then want to include him before your visa is granted, you submit a Change of Circumstances Form 1022 to tell DIBP that you wish him to be added.

http://www.immi.gov.au/Services/Pages/employer-sponsored-workers-online-applications.aspx

http://www.immi.gov.au/allforms/pdf/1022.pdf Form 1022

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.

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.

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.

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

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.

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.

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).

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.

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).

This is the email reply I received from AU Immigration in regards to my query for those who are interested.

 

 

Thank you for your enquiry regarding the Resident Return visa.If you wish to return to Australia as a permanent resident you should applyfor the Resident Return visa.Please be advised that you are free to lodge your application for theResident Return visa on-line at any time.If your last departure from Australia was as an Australian permanentresident or Australian citizen you must either provide evidence ofsubstantial business, cultural, employment or personal ties of benefit toAustraliaLink to the on-line application:http://www.immi.gov.au/e_visa/rrv.htmIf you decide to apply for Visitor Visa it will be more difficult for youto apply for the Resident Return visa in future.

I am not sure what DIBP mean by more difficult if you have applied for a visitor visa. It is all about the ability to prove an applicant meets the prescribed criteria. It is understandable that an applicant shouldn't apply for a visitor visa with the intention to come to Australia to apply for a further visa onshore as this simply contradicts the genuine intention to visit Australia temporarily.

However, when you are already onshore as a genuine tourist and decide to apply for a RRV, I don't see any reason why it should be more difficult. Let's compare the criteria for onshore and offshore in general:

As a former Australian permanent resident - ONSHORE:

(a) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and

(b) has not been absent from Australia for a continuous period of 5 years or more since the date of grant of the applicant's most recent permanent visa, unless there are compelling reasons for the absence

As a former Australian permanent resident - OFFSHORE:

the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant:

(a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant last departed Australia as an Australian permanent resident; or

(b) was an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.

Again, accurate advice cannot be given unless all circumstances of the given case are fully known.

Hi Leb,

My wife was on HWV when we married and she doesn't qualify for any type of skilled migration visa. She doesn't in my 489 visa too. I have asked IMMI and they have confirmed that I can get them to Australia by evisitor visa then apply partner visa onshore for them. However which costs me nearly 10K...if that is the only way. (Such a human government to increase fee for family reunion... Please forgive my complain.)

 

I am wondering if I can still apply 489 subsequent entry for my wife to get a bridging visa A/B and then change her status in my 887 application to migrating dependent. I dont know if its working because she is overseas now. so far I know if I apply 489 subsequent visa for them when they are overseas, the processing time will be 6 month.

 

Or should I withdraw my 887 application first and apply 489 subsequent visa for my wife and my baby after baby is born, even when they later travel to Australia and apply 489 visa onshore to get bridging A. After that lodge 887 again when they are under bridging A of 489 visa so they can be PR at the same time as my PR granted?

 

your reply is much appreciated and wish you have a great xmas in advance.

To give an accurate advice, exact information about your and your family member's circumstances are needed. You should really seek a professional help to find the best, fastest and most cost effective strategy of your case. So I limit my comments to general nature only.

As mentioned before, only a newborn child can be added to a lodged 887 application (it is by the operation of law). This child, however, cannot meet circumstances applicable to the grant of 887 visa if she is offshore and DIBP would be likely to ask you to withdraw her application.

It might be a strategy to go back and withdraw your 887 application and your wife could come to Australia and apply for 489 (combined application with your child). While they are on BVA on the basis of valid application for 489 visa and you as a holder 489, all of you could make a combined application for 887 visa.

Please note, this strategy is subject to certain assumptions and visitor visas should not be used for coming to Australia to apply a further visa, otherwise a visitor visa might be a subject to cancellation if a visa holder is not a genuine visitor. The correct way should be to apply for 489 offshore first.

Once an application for 887 visa has been lodged, a dependant applicant cannot be added to 887 application as this is forbidden by Regulation 2.08A(2A).

The only exception is a newborn child, however, the child would have to be in Australia at the time of visa grant.

Health requirements - if your baby was born in Australia, case officers usually organise an ‘on the papers’ assessment - such a child wouldn't have to be taken to a clinic for a physical examination (under 6 months age).

Health examination for your wife - theoretically - she could undergo an x-ray (not recommended) and other examinations and have medicals cleared before the child is born. As a result, you could have your visa granted before your child is born. But there is no guarantee your application would be finalised before the child is born.

You should get your case assessed by a professional to make sure the nominated position meets all prescribed criteria. If it's the case, you can think about a review of your nomination application or even to lodge a new nomination application (after arrangements with RCB) with detailed submission supporting your nomination application - which might be faster than the review and nomination application has a zero fee for RSMS. In both cases, you should consider engaging someone who has good knowledge of RSMS.

I am not sure if this announcement has been brought to the attention of this forum. If yes, please disregard it.

Details can be found here: http://www.vetassess.com.au/Portals/0/Downloads/qualification_assessment/VETASSESS-update-on-application-processes-for-skills-assessments-for-general-professional-occupations.pdf?vid=100

In summary:

- VETASSESS will always conduct an assessment of the highest qualification level

- introduction of the “date deemed skilled” based on qualification and employment evidence provided

- revised fee structure http://www.vetassess.com.au/Portals/0/Downloads/qualification_assessment/Revised-Fee-Structure-2015.pdf?vid=100

The most significant change is the introduction of the date deemed skilled which is the date that an applicant is considered skilled in their nominated occupation and therefore eligible for claiming employment points from that date and not earlier. This date, generally, will be calculated as the date when an applicant obtained the required qualification plus 1 year. This might cause more pain for onshore applicants (overseas students) who obtained their qualifications in Australia and need one year of highly related work experience - they will not be able to use this year of work experience for the points test purposes. If they need some extra points, they will need additional year of work experience and might be running out of time if they are on 485 visas.

And quick look at the past - application fees for 820/801:

2011: $2.960

2009: $2.525

2007: $2.060

2005: $1.935

2003: $1.795

and I like this one:

1994: $835

What's gonna be the fee in 2020 with the increasing budget deficit? ....

I'm on my phone so couldn't find the link where I got this information from, but few days ago I read somewhere that the 457 visa holder can complete the notice period with their original employer without being in breach of condition 8107 (after nomination with new employer is approved). Have a look online, I'm pretty sure you'll find it

This is correct. Under policy: If a new nomination has been approved, 457 visa holder may be required to continue working for their previous sponsor to fulfil a requirement to give notice of termination of employment under industrial relations law. These 457 visa holders are not considered to be in breach of 8107 when they are seeking to act in accordance with requirements of industrial relations law.

Form 1005 is an application for a bridging visa. As such I would follow procedures for lodging a valid visa application. My understanding is you are in Australia and would like to change a visa condition?

Generally, a visa application being made in Australia must be made at an immigration office in Australia (however, some visa applications must be lodged in a specified way). You can mail it or lodge it in person at any office of immigration or lodge it electronically eg. fax it to a fax number that has been published on the immigration website.

But you should lodge your 457 application first. You need to be granted a bridging visa before you apply for a new bridging visa with different conditions.

If the job isn't on the sol or csol then you can't be sponsored.

It makes no difference that they might be crying out for workers. It has to be on one of those lists.

 

What does your partner do?

If the occupation is not on SOL/CSOL, then the only chance could be an employer sponsorship (RSMS187) in regional Australia if that occupation is of ANZSCO skill level 1,2 or 3.

my wife works as senior data analyst with the commonwealth bank (only started her job 10 wks ago). Her employer is happy to sponser for the permanent residency as long as we bear all the costs (I believe including their costs towards nomination). It is going to cost us about $11000 for 4 of us.

Now I am wondering whether I need to ask my hospital to sponser for the PR or just go with my wife's employer (even though slightly expensive). My employer is saying they cannot promise whether nomination will be lodged before the end of my 457 visa which is 1st of Feb. They say they will sponser for renewal of 457 first and then for the PR once I have moretime in place.

Feel like I am stuck !!

Listen to other professionals and moderators and seek professional advice. It is very likely you cannot be nominated for ENS186 if you haven't held your 457 and haven't worked for your employer for at least 2 years. Be very careful with the costs you consider paying to your wife's employer CBA - it might be much more than you think. And also consider costs of direct entry stream for your wife's 186/187 visa application.