stevej

6 hours ago, InnerVoice said:

The simplest solution (if the 190 is no longer an option) for the child that wants to go is just get a WHV. Given their age there are likely to be other opportunities for permanent migration in the future in their own right - if after spending some time here they decide Australia is right for them.

Thanks yes thats one option we have discussed, Child is intending to study in Oz as was always the plan and i know having PR would put her in much better position for HECS-HELP and even fees that need to be paid compared to being treated as international student etc. Im hoping we can validate soon and then if it does end up in divorce which is my impression after that maybe there is still a chance

31 minutes ago, Tulip1 said:

Apologies.  I’d noticed you’d said on two occasions they were dependant children so assumed younger.    

That’s ok they were much younger back in 2019 when we got visas. Now 4 years on a lot has happened. We were supposed to go over June 2020 when eldest finished GCSE’s but covid hit and wife as critical care nurse was working all hours fighting the pandemic so we put everything on hold as could do anything with house etc anyway to move. Then timings slipped and we were waiting for youngest to be at good point after GCSEs to move and eldest after A-levels but then we started to have relationship issues. 

29 minutes ago, Tulip1 said:

You’ve stated your relationship has broken down and will end in divorce.  You’ve also said she doesn’t communicate with you or see her children and she’s gone off to live her new life.  If there’s no official change to your relationship then you have a very unusual relationship.  Better to be honest.  Your relationship is over and you want to take the kids to Australia to live and you’re trying to find out for sure if you’ll be able to/get away with it.   That’s an understandable thing to think.  The other thing to think about is if she hadn’t given her consent for the kids to move over then she can get them straight back under The Hague convention.  I don’t think something written by an agent will get you anywhere, the rules are the rules.  I feel for your situation and very much understand why you want to go.  That’s not the same as pretending you can and all is ok when you can’t and it’s not.  Best of luck. 

Sorry you misunderstood the children will both be 18 so no Hague convention issues. The conflict between them is all about this visa situation. One child wants to go. Neither me nor other have plans to. 

2 minutes ago, paulhand said:

I suggest you ask your professional advisor to reread section 104 of the Migration Act. 

Thank you I will do that. I just want to be sure of my position and appreciate everyone’s input. 

Thanks all

If things were to end up being incorrect what come back would we have with having written advice from another highly regarded MARN agent that we do not need to notify of the change. (I must stress there is no official change at this stage) this is fact finding mission to see what next steps would be. 

8 minutes ago, paulhand said:

The first part of this is incorrect ... the OP's visa may have been cancelled, but not for missing the initial entry date. This can be checked on VEVO.

The second part is basically right - if you have not made a first entry to Australia on the visa, you are required, as noted in the grant letter, to update the Department of any change in circumstances. If the circumstances that would have led to the grant of the visa have changed (i.e. your relationship with the primary applicant), then they may well decide to cancel your visa. 

This has nothing to do with whether your ex-wife has entered Australia or not.

You have been told incorrectly if you were offshore at grant.

 

This is not strictly true and based on your circumstances you would be very unlikely to be granted an RRV in any case.

I think it would be a good idea to get some professional advice on how all of this works in practice, as it's not really a subject for forum discussion.

Again thank you for your reply and time. As stated above the information I have been given is direct from a MARN registered agent. The only bit I’m awaiting answer on is the issue of primary applicant doesn’t validate at all. 
 

I have checked VEVO and visas are still valid as there is no reason for them to be cancelled. The first entry date is not used as reason to cancel visa and the MARN agent has confirmed the relationship status is only an issue upto point of decision for grant is made. I have now had professional advice and awaiting answer to if primary doesn’t validate how that will affect things. A RRV is not required at this stage as we can still move over before sep next year and as long as we have strong ties would be granted a RRV even if only 3 month one for essential trips. 
 

thanks

24 minutes ago, Tulip1 said:

You say validate them within the five years but I think they’ve expired as you needed to validate them within 12 months.  Holders of PR visas were never stopped from entering Australia and that is what you would have been in that 12 months.  I would say you no longer have visas.  Even if you did as you have now ended the relationship with the main applicant your part of the application is invalid.  Pretty sure all that is correct but I’m no expert.  

HI Thanks for your reply,

No that first entry date is not a reason to cancel visa as stated on the Gov website, I have been told that the end of relationship is only an issue upto point visa is granted which it was after. As PR we were not stopped from migrating but you were not able to visit just to validate hence the gov putting clarification on the first entry not being reason to cancel visa.

We were unable to visit Oz during covid due to my wife working 60hrs weeks as nurse fighting the covid pandemic here in uk. I know there has been no restrictions for 18 months but we have since that point been dealing with the separation arrangements and finances.

The issue is that now we are at this stage im unsure if the main applicant will validate visa as she doesn't communicate with me having left me and the children to live her new life.

My initial concern was that seen as she gained partner points for myself that the divorce might invalidate the visa but this has been confirmed to not be the case by a MARN agent.

The PR does not expire at 5 year point only the travel entitlement you can apply for RRV within 10 years of last being in Oz as PR according to gov website

Hi

Sorry if i wasn't clear, we haven't validated visas as within 6 months of being granted covid hit and there was restrictions on just making validation trips etc. As it stands none of us have validated yet, We know that seen as we don't have any conditions such 8502 or 8504 on our visas then we don't have to wait for primary to validate first and we don't have to move to sponsoring state for 2 years first either. My question is if my two children(Dependents) and myself (secondary applicant) validate our visas before the 5 year travel expiry but the primary (wife) does not, will that cancel all our visas?

Hi There

Been a long time since i have visited this site as we as a family were granted our 190 visas in Sep 2019. Since that time we have been through a whirlwind of events with covid, relationship breakdown, health issues etc. Any way my question is this, The travel element of our visas expires sep 2024, I am secondary applicant to my wife. Our relationship has broken down and will end in divorce, due to covid and children eduction timings we didn't end up validating which i know is not an issue on its own.

My question is, if the primary applicant doesn't validate her visa by the travel expiry sep 2024 but i as secondary applicant and our two dependent children do validate, will her lack of validation cancel our visas?

I can't find the answer online for this specific situation.

Kind regards

Steve

On 17/11/2020 at 23:33, Ausvisitor said:

From what I can see here this applies to the "family" visas (parent/partner/child) only.

I presume therefore that the process for those holding 190/189 has not changed 

 

Can you tell me what the process is for 190 visa. Do we use this letter request?

Hi all

its been a while since we have been on there as life has been manic to say the least. 
 

here is our situation. In sep 2019 we were granted 190Sa visa with first entry by sep 20. After that my wife’s uncle passed away and she has been battling a contested will along with covid happening meaning we couldn’t travel due to restrictions either at uk end or oz. We are now trying to find out if we can make our trip to oz that uk restrictions are ending this week and WA where we have family we would visit on first trip are opening in March. 
I have seen there is letters you can request for travel extension. Would this work for us. 
 

I also need to renew my passport and transfer over the visa will this be easy?

thank

steve

Hi howie67,

I am still in the UK but i am a property investor and run a property management company, There are many companies that will complete and manage a renovation for you from a distance just the same as if you had bough the property as an overseas investor. You could look at employing their services to do this task for you. If you need some help and advice in this respect don't hesitate to get in touch.

Yes. They have been inviting 70 points and almost caught up with back log. There are people reporting getting invites with EOI date in late October. You may not get it this round but good chance for next round. We may even see a few 65 points in next round unless they drop the invite numbers again like last year. 

I have now spoken to SA migration and they have agreed that with a valid UK passport the English test is not required for the partner skills.

Hi everybody. 

I have searched the threads and not found what I’m looking for so thought I would ask. 

Has anyone recently claimed partner points on a SA 190 state nomination application. 

If yes did you need to provide English test for partner even though it states uk citizens don’t need to provide English test. 

Thanks

steve

with this being a new scheme offered you should have a good chance of being picked up for it as numbers are likly to still be low at present for applications

I am assuming you are a recent WA Graduate then Mr Khan.

Just now, dreamer78 said:

Hi,

I have no qualifications, it's all work experience. I obtained a successful skills assessment from ACS.

Why? does this matter?

 

thanks

 

Paul

You should be good in that case, There has been issues reported lately where when ACS do a skills assessment they discount the first 2-3 years of experience as training time. Seen as you have a successful skills assessment prior to gaining the diploma you should be good to claim all the points as you have said. ACS can be a tricky authority that's all,

On ‎29‎/‎09‎/‎2017 at 09:18, dreamer78 said:

Hi,

I don't have an invite, I applied in Dec 2016, with 60pts, i've just got a diploma now, taking me upto 70pts and have updated my EOI today.

my points breakdown is

Age 25pts

English 20pts

Work Exp 15pts

Diplom 10pts

 

Thanks

 

Paul

 

Hi Paul,

What qualification was your skills assessment based on prior to getting your diploma?

There are two main categories. Those being pro-rate occupations and the others non pro-rata. Pro-rata occupations are controlled due to lower demand where the number of invites are split over the year. Non-pro-rata are purely based on where you are in the list. The more points you have the higher up the list you are. Any two EOI with the same points are then ranked on effective date ( date EOI lodgement/amendment). At present there is a back log of EOI meaning the last time a 60 points EOI for non-pro-Rata was a effective date of 21st June. The last 65 point date was about 27th September. I hope this makes sense. 

We are in same position. Nurse with 65 points EOI effective date of 31st October. Hoping it will be this side of Christmas. 

we are with three and intend on canx our contract 2 months after we have arrived as you can use your phone as you do in the uk for upto 3 months with the feel at home coverage. We will then take out a new one there.

Our favorite place is Hillarys Boat Harbour, But Kings park is a close joint second with whitemans park.

I have just had my skills assessment back from Engineers Australia through the Washington accord pathway. I paid for fast track and it took only 14 days total. Regarding skills assessment its is best to have Engineers Australia do an assessment at the same time as the skills assessment and then back this up with pay slips, contracts, P60's etc. for visa when invited to apply as you say the important thing is confirming the relevance of the employment to the nominated occupation. DIBP will consider the outcome of the work experience assessment by Engineers Australia as strong advice and require less convincing of the fact by yourself for points claims.

thanks, I received my skills assessment result this morning so my wife can add partner points taking us to 65 but obviously with a DOE 31/10/17. Hopefully we will get an invite before Christmas.