Bungo

There is not that much relevance to the wedding date in your particular situation. The whole point of recognising a "defacto" relationship is that it is supposed to replicate a marriage in all but for a particular legal ceremony having taken place.

So after 2.5 years of living together there is only one reason I would delay making the application and that is because after three years he would go straight to a permanent visa and not have to do the temporary stage. However in your particular situation, he doesn't have the luxury of waiting until the three year point as the WHV would expire before then.

So in that case, no, there is no benefit whatsoever in waiting until the marriage before lodging the partner visa. And no it isnt "sensible". If lodging earlier enables him to get the 6 month restriction lifted then indeed that is the sensibke thing to do.

Thats what it sounded like and why I asked the question! I would try a proper Migration Agent first and what options you have before you let this lot talk you into a course that has no guarantees!

Indeed.

OP - childcare centre manager definitely requires a degree, not a diploma. You are not going to get a permanent visa for Australia by taking a diploma course.

Yes, Nemesis. It's wide in range. So, just wanted to hear from real-experiences.

You don't need to read ab it real experiences. You appear to want to know a few basic facts, which are readily available if you read about this visa on the immigration website.

Hi Bungo.

 

Thanks for your response.

 

My contact at Flight Centre advised that unless I was living a covert life in Australia trying to work, I shouldn't have any problems with a second year on my visa. If thats true or not remains to be seen I guess, but I'm starting to run out of ideas.

 

I was advised the tourist visa route because as far as I'm aware, I'm running out of options, and its the only way I can legally stay for the year required to show evidence of the defacto application.

 

I can't register the relationship, because from what I've read, WA won't recognise or allow it.

 

I am always keen to learn and would enjoy studying, especially if it helps strengthen my case. I am 40, I work in IT Sales, I meet the criteria for the East side, but not WA, which is were I'm trying to get to.

I would say that the person in FlightCentre has not really got much of a clue about the finer points on Australian visas.

Using a tourist visa to live in Australia whilst you build up your defacto time together actually isn't a legitimate option either, but it might be something that you manage to make work for you. But it is important that you know that immigration would not approve of your plan and you run a risk of being stopped, questioned and possibly denied entry every time you exit and try to renter the country. The more you do that and the longer you stay, the more this risk increases. But there is no way to give you any guarantees either way, it is down to chance and luck.

Hello Guys,

 

Is there anyone who has applied / received PR through ENS 196 - Direct Entry Stream?

Yes of course there is. What is your actual question?

There is nobody on the planet that is in the know. If they were they would be billionaires anyway.

So all speculation. My personal speculation is that it will hang around where it is now until at least Article 50 is triggered. I believe it will return to 1:2 one day as I believe this is its natural level, but could be a while yet and some of the Brexit uncertainty needs to be worked through first.

M

Yes I worked in a few sales roles when I was there but unfortunately none offered sponsorship.

 

There is bound to be more options available for someone in my shoes surely ??

Well I am only commenting on what you have said. You said you'd dint have a degree and have had roles in sales, admin and now that you could not secure a sponsorship when you were in Australia recently. Why do you think there are surely options? I would maintain your options look very slim at the moment.

The good news is that you are young and time is on your side. Whilst there may not be options now, if you focus on building a career for yourself, options may open up later.

Thank you so much! What a shame there is nothing like it. I'm seeing Australia is more under developed than England and I will miss the convenience and beautiful country side.

It isn't a shame and Australia is not under developed! There are of course huge swathes of Australia not populated, but the populated areas are as developed as anywhere in the UK.

Sydney CBD is very small as cities go and that is the only bit of Sydney that will feel like a city. Outside the CBD is just sprawls and sprawls, suburbs roll into one. Many of them are green and quiet, others have a bustling beach cafe culture. If you go further afield you can certainly save on housing costs, but I think you need to be a good 1.5-2 hours outside the CBD before you will see a notable drop in prices.

I am perplexed by the comment that you will miss the convenience and beautiful countryside tbh. Correct Aistralia is not the same as UK, but isn't travel and living overseas about new experiences.

Thanks for that snifter, AJ if I apply for the visa when it is born its not likely to be declined is it?

The only criteria a new baby would need to meet is passing the medical.

Are you pushing this a bit if you want to have a baby in the UK before your trip in August? I am not sure I understand how you are calculating those timings?

Thanks guys, most helpful.

 

My current Aussie tourist visa expires in Feb next year. I've been told getting a second year won't be a problem.

 

My understanding of this visa is that I can stay for a year as long as I leave once every three months. I was going to apply for a second year just before I leave the UK again, so I get a full year. Its a big ask to just move in immediately, and force myself on my intended partner whilst we're still in this defining what we are period, but I assume this is the only way before I can go the de facto route.

 

Studying, to strengthen my case and increase my points score is a great idea. Is there a list of recommended subjects anywhere? Or does all study, as long as its in Australia, count towards your score?

 

Thanks. Your help is all greatly appreciated.

Who told you getting a second year tourist visa won't be a problem? I dont see how anybody could know this, getting a second year long tourist visa could very much be a problem. Even if you get it, you could still have a problem at immigration control and you should not assume otherwise.

I am not sure why you would get a one year tourist visa anyway, that locks you out of working for the whole year. If you got a three month visa, registered the relationship (thus bypassing the 12 months Defacto), then applied for partner visa, the bridging visa with working rights kicks in after three months.

I would not be so enthusiastic about studying myself. I am presuming you are quite young and would not have trouble passing the points test anyway. What occupation are you in - have you checked you meet the requirements?

Because my parent purchased a property, and my name is under it. They concern the property will be part of her.

For avoiding any further financial conflict, they reckon to revoke this relationship certificate legally is the best way.

So are you saying that at one time you registered the relationship, for example when you were applying for the visa?

I am am sure it is worth revoking it in that case, but reading, I can see nothing to suggest that the defacto partners have ownership rights to each other's assets. It seems to be more about proving the relationship for visa, tax and benefit reasons.

Hi

 

i am looking for a case study of someone who has gone to Oz from the UK to study a diploma in childhood education and care with the purpose of being sponsored or gaining PR by doing the job ready program to be a childcare center manager?

 

This is is our plan and the agent basically said the job ready program is unlikely as no one will employ me without experience as a manager therefore I can't do the skill assessment so my next option which he was optimistic about but I have my doubts is to be sponsored after my 2 years of study?

 

id love to hear from someone who has experienced this.

I would be pretty confident that nobody has done this.

Childcare centre manager requires a degree and management experience. Taking a diploma in Australia is not going to cut it I am afraid.

I do not see how you are going to get sponsorship as a Childcare Centre Manager after doing a diploma, normally people would work their way up to manager, not commence as a manager. Childcare worker is not eligible for sponsorship.

I cannot see any way how this would work. I would suggest that you put Australia on hold for now, pursue your career and qualifications in the UK and then come back to migration when you are ready.

Thanks for your reply. Sorry for the unclear.

Revoke means apply 'revoke De Facto Relationship certificate'. Since we applied this certificate one year ago to apply PR.

Never heard of this concept. Very strange. Why do you think you need to do it?

Hey guys,

I just stumbled across the forum and it seems fantastic.

 

Im Henry, 25 from Belfast, N.Ireland.

I was in Australia last year on WHV and fell in love with the place.

 

My plan now is to get back there under a tourist visa and try find sponsorship through an employer then eventually get PR!

Has anyone here done this and can give any advice ? Im open to go to anywhere in Australia but I am most familar with Melbourne

 

My work experience is mainly all sales and admin. I dont have a degree unfortunately.

 

Any help or advice would be great !!

Hope to hear from you guys soon

 

Thank you

 

Henry

Your chances of securing a visa do not look particularly promising based on what you have said so far.

It is not possible to get sponsorship for an admin role. There are some sales roles are on the skilled occupation lists but you would need a few planets to line up to progress this through to a permanent visa. When you were in Australia on the WHV did you have any luck finding sales roles? That might have been the time to sort out a sponsorship, after getting your foot in the door.

It might be that you need to look at this as a medium to long term plan, skill up first and then look into migration options in the future.

Hi all, here is my situation.

I got 189 Independent skilled PR granted this year July (as the primary applicant). My ex girl friend got 189 PR granted at the same time (as the secondary applicant). We were under De Facto Relationship.

This year October, our relationship was kind of breakup (Due to financial issues, property purchase, etc). So we applied to revoke our De Facto to Birth, Death and Marriage Department. Our revoke application will be approved by next year January (2017 Jan) because of the 3 months cooling period.

I just have few queries:

1. Does this revoke De Facto will affect both my and my ex girl friend's PR?

2. Do we both need to inform DIBP this revoke?

3. If we change our address, do we need to inform DIBP regarding this?

4. Do Birth, Death and Marriage Department will inform DIBP?

I appreciate any assistance here I am a bit worried as our relationship break up only after 4 months after granting PR.

I am not sure what you are trying to do or what you mean by revoke. There is no need to inform any authority when a relationship breaks down, happens all the time. There are no visa consequences to this beak up.

As i want to apply for a 190 visa, which means you have to live in your chosen sponsered state of choise for two years to start with before living anywhere else in australia, i wondered whether after the two years can i go back to the UK for a few years and come back on the same visa, or do i have to live in australia for 4 years before going back and forth??/

You dont "have" to do anything. As I say, Australia is not a police state. You are not captured prisoner upon your arrival, you may come and go as you please for the duration you have travel rights on your visa.

Hello,

 

I was busy gathering all my documents for the skilled qualifications assessment as a secondary teacher, when I noticed that for the second part - the skilled employment form - you need to have at least 3 years experience in the last 10 years...

 

...I only have 2 years teaching experience as my other experience is before this, i.e.over 10 years..

 

...In terms of points for the 189 visa..I could still get 65 points without any skilled employment points - but is this allowed?

 

Many thanks!

Really not enough information and you are not being clear enough to comment on any way. But no, most people are not going to qualify for a skilled migrant visa on the back of an occupation they left ten years ago. If that is what you are saying. But you are not coherent enough to really comment.

thanks. my other question is once i have done my two year stint in SA, i know its only after 4 years you can apply for australian citizianship. but after the two years am i allowed to then leave australian and come back anytime or do i have to wait for the 4 year period???

thanks

You don't have to do anything. Australia is not a police state, immigrants are not held prisoner. What exactly is it you want to know or are trying too achieve?

Totally - i'm struggling to find one in Australia that is also an expert in UK property considerations. Which probably could sort all of this out...

 

 

A tax return for the UK property for UK tax is required no matter how much or little you are making or losing financially. So when you profit, you attract tax.

 

 

No, i didnt. They told me in person face to face!

 

[/color] [/i]

[/color]I dont understand why you've said this. I do understand that paying tax means you must be making a profit! But, i dont fancy pay 2k+ in tax each each on that profit...

So maybe selling might just be an easier solution! This may have other complications

 

It doesn't need an expert in Australian and UK tax, this is pretty basic tax stuff and most accountants will be familiar with dealing with a little bit of overseas sourced income.

I did not say that UK profit does not attract tax, I was pointing out that there is a UK personal allowance and for many people living overseas, their UK rental profits will fall within the UK personal allowance and accordingly there won't be any UK tax at all. Your UK tax bill will have been reduced because of personal allowance.

You have also misunderstood my point on the tax credit. I was suggesting you check whether it had bee included on the tax return because you mentioned you had been taxed twice. Well if the tax credit is on the Australia tax return you have not been taxed twice, as the UK tax has been credited back to you. I am not suggesting that the tax credit would be big enough to wipe out the Australian liability, so that your accountant has told you that your tax bill is due to the rental income seems perfectly reasonable to me. You should expect that, you should just make sure it is not bigger than it needs to be. I would specifically ask your accountant "have you included my UK tax credit?"

If you find that making a profit of (say) $5k and paying $2k tax (so being, say, $3k up for the year) is less desirable than making $0, the by all means sell. Ask your employer for a paycut whilst you are at it, will also bring down that tax bill.

:wink:

You have posted in the Ask Vista section, this is for financial advise. Financial advice covers things like savings, investments, borrowings. Financial advice is not the same as tax advice, you need an accountant for tax advice.

To your questions. Well it is unusual but certainly not impossible that you made sufficient profit in a one bedroom flat in UK to attract tax. The personal allowance is available and for many people living overseas this would cover rental profits and mean zero liability to HMRC. Nevertheless, as you have paid UK tax then when you declare the rental profits on the Australian tax return you should also declare the UK tax paid on your Australian tax return and the $ tax bill is adjusted to reflect that. I am surprised that your accountant did not do that, are you sure they didn't? Perhaps you just missed it as it would be in separate parts of the return.

Should you sell? That made me smile. You ask should you sell your profit making "business" (the rental business) but you did not ask if you should shut down the loss making eBay business. Profit is good. Paying tax is good because it means you have made a profit! It means you are wealthier this year than you were last year. The logic of selling the house because it is turning a profit for you is as flawed as asking your employer to pay you less because you are trying to cut your tax bill.

Gosh if there was one thing I really could not get used to in Australia it was the lack of light! Dark by 7.30pm in summer and dark by time I was leaving work in winter too, not dark as early as in a UK winter but still dark by time I left office.

I did though love the milder winters and that is the reason I overall prefer the Australian climate. In winter it was cold when I was going to work but it would soon warm up to a comfortable level. My OH never wore a coat in Australia, I did in July and August only although in my last winter I found I didn't need to.

Hi there,

 

Just looking for some advice. I'm a primary school teacher with 10 years experience and I'm currently going through the process to try and emigrate. I've been invited to apply for state nomination with WA on schedule 2 but need a contract of employment to proceed. Do I have any chance of getting a position without a visa? It seems to be a catch 22 situation.

Could anyone explain the situation if I managed to get a school to sponsor me through the process?

 

Thanks!

Becky

The reality is that nobody living overseas is likely to be able to meet this criteria. The provision isn't aimed at candidates like you, it is more for those people already living and working in the state on a temporary visa but wish to get a permanent one.

roof tiler. What do you mean by any additional criteria?

If you look at the state sponsorship list, you will see that there are a number of occupations with "additional criteria" to be met. It is clearly marked as such on the list, it might be a higher than normal points score or an offer of employment or a particular IELTS result.

Just tell the CO that you cannot meet the deadline. There is nothing to worry about, this is perfectly common.

Hi.

I am looking at doing a Diploma and due to the nature of the course I have to prove I have had injections against the following

varicella (Chicken pox)

MMR (Measles Mumps and Rubella)

pertussis (whooping cough)

 

Does anyone know how I can obtain this information as obviously they were done when I was a child, I have not been registered at a Surgery in the UK for 4 years

Blimey! You say obviously you had as a child but this might not be obvious at all, depending upon how old you are. I am in my 40s and whooping cough was standard for babies and rubella was given to girls around the age of 13 but it was pretty much unheard of for people to have vaccinations for chicken pox, mumps or measles.