ricco56

There are a number of requirements to satisfy the Australian Study Requirement for 485. The course itself must be registered as requiring at least two academic years of study (at least 92 weeks) as listed in cricos.education.gov.au and your completion of the program must have taken at least 16 calendar months. The legislation only mentions weeks when describing course length and does not discuss credit points. Therefore you will have possibly satisfied the 16 month minimum so your eligibility will depend on the registered length of the course in cricos.

Good question. The time of application criteria in the Regulations specifies 2 years (ie. 2 calendar years) and the guidelines for interpreting this confirms that reasonable periods of 'leave' spent outside the regional location, either in a metro area or overseas, do not detract from the two year period. The issue is what is 'reasonable'. I would suggest that the 40 days that you spent away (over two years) meets community standards for reasonable periods of leave and hence would not need to be 'made up' to satisfy the two year requirement. Clearly you are keen to get the process started and of course you may need to consider future fee changes which occur from time to time and particularly on 1 July. I suggest 29 June is looking good.

There's no contradiction. Time spent on a BVE counts towards the residency requirement because the visa holder is 'lawful'. It is the period (albeit brief) between the 457 being cancelled, and a new visa being obtained (in this case a BVE), that one becomes 'unlawful' and hence it is this unlawful status which resets the clock. The clock therefore doesn't start ciicking again until one becomes lawful by being granted a vlsa, in this case the BVE. By the time the 4 years has rolled around we presume your 820/801 would have gone through successfully and you will be enjoying PR status and then you only have satisfy the 1 year of PR in order to be eligible to apply for Citizenship.

British Passport Office (https://www.gov.uk/apply-renew-passport) quotes a much shorter turn around on passport renewal. Why not get it sorted before you apply for the 887 then the visa will be attached to your new passport. Much more convenient than having a visa attached to a superseded passport.

Being granted a BVE (irrespective of with or without work rights) restores the visa holder's status to 'lawful non-citizen'. Time spent continuously as a lawful non-citizen counts towards the four year residence requirement. If for any reason one becomes unlawful (through visa cancellation for example) the four year clock resets to zero.

As identified above there are student visas which may be of assistance if your step son was ready for study and had the resources to go down this track. The transition from 'sofa to study overseas' may be a bridge too far. A better transition may be 'sofa - life outside - life overseas - followed by study and/or work'. Just to clarify the situation with apprenticeships. In Australia an apprentice needs to be employed as such by a host employer (or group training company) and then as part of the apprenticeship agreement the employer releases the apprentice to attend training at a registered training provider (RTO). Typical RTO's include TAFE and private training providers. Most temporary visa holders and training organisations that host temporary visa holders are not eligible for subsidies provided by State and Federal Governments for various education programs including Apprenticeships and Traineeships. Employers would not generally employ apprentices unless they are already permanent residents or Australian Citizens. As a WHV holder your step son might pick up work as a 'Trades Assistant' for example which would give him an opportunity to look at one or more trades at close quarters. Based on that experience he can make informed choices as to whether he might pursue trade qualifications (in the UK) or go down some other career path. Abbatoir work is quite useful for young people. The rewards can be substantial and most casual participants find the experience quite educational.

WHV is a great opportunity for a young man to have a good look at Australia, broaden his horizons and pick up some useful experience, particularly if he can rely on having you folks in Australia as a back up. I've worked with many young people over the years in my role as a TAFE Lecturer, and have observed over and over again that independent young men can't be 'pushed' until they are ready to be 'launched'. Some launch early and others take a while. WHV is low cost, low risk and flexible way to 'launch' into a new country, new culture, new friends, new experiences, new possibilities for the future.

My understanding is that the BVE is not granted unless the applicant is unlawful, and hence you would have been considered unlawful as soon as you cancelled your visa. Therefore the 4 year clock would be reset.

Bridging Visa E (BVE) is not mentioned in the Citizenship legislation. But in order to satisfy the 4 year residence requirement the Citizen Act requires the person "was not present in Australia as an unlawful non-citizen at any time during that 4 year period". Therefore in effect the BVE is associated with restarting the 4 year residence wait because in order to have a BVE the visa holder would have been unlawful at some stage.

A comprehensive overview of the 187 process is available at https://www.border.gov.au/Trav/Visa-1/187-

According to policy guidelines either (individual businesses or recruitment agency) can supply this information. If you get the Recruitment Agency to sign off ensure that their information/postcode satisfies the requirements for specified work in a regional context.

Yes the applicant must be in Australia for grant of the 864. Your mother by applying for the 864 (onshore) has also applied for a bridging visa (BVA) which allows her to remain onshore while she awaits a decision on the 864. She can go offshore but would first (up to 3 months in advance) apply for a Bridging Visa B (BVB) which allows her to go offshore for a particular purpose and return. The period of offshore time available through the BVB is open to negotiation and would be chosen to ensure that the applicant is back onshore for grant of the 864. Offshore periods of more than 12 months would only be granted in exceptional circumstances.

Who pays you? Get sign-offs from those companies which paid your salary. As a holder of a 417 visa it's in your interest to be seen to be working for companies which are separate from each other particularly if your were at these companies for some time, due to [h=4]Condition 8547: The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.[/h]

Sorry I'm having trouble understanding your question. Are you referring to RCB - Regional Certifying Body? If so satisfying RCB requirements is an employer responsibility.

Your son's grant of the permanent visa (801) depends on the successful grant of your 801 visa. His status as either dependent or independent does not effect his 801 grant. What is important is that he was a dependent (and a member of your family) when you lodged the 801 application, and that depending on his age he continues to satisfy health and character requirements.

I presume by 'off the books' you are meaning 'cash in hand' type employment. Such arrangements may be considered to be illegal because of taxation, insurance and safety and health issues to name a few. As a visa applicant you need to ensure that all information you submit for visa purposes is genuine, and also need to consider the character provisions in migration legislation. If you either intentionally, or inadvertently get involved in illegal activity it can have serious consequences for both your current visa application, and possible future applications. Your doubts about this are possibly well founded. It is in your interest, your family's interest, and the interest of any employer to provide employment through the correct processes.

I suggest you seek advice (urgently) from a Registered Migration Agent/Migration Lawyer as to whether there are grounds for a merit review on the basis that the decision maker has disregarded the time spent studying the Associate Degree units. As the letter correctly indicates they have disregarded the Associate Degree study because they consider it to be at AQF level 6 level rather than the level 7 or higher which is required in this case. This is consistent with the legislation and policy guidelines but in this case it is interesting that RMIT was willing to grant credits for these units which have contributed to your AQF Level 7 Bachelors Degree qualification. RMIT have provided recognition by reducing a normally four year program to effectively one year. Clearly the qualifications can be considered to be nested, and as a consequence both qualifications can contribute to the Australian Study Requirement. Disregard any references to SOL in the discussion above. SOL has no relevance to the Post Study Work stream.

You and your family have lived in Australia for three years and hence already meet the eligibility requirement of 730 days residence in Aus in the past five years. As a result it is likely that you would be granted a five year resident return visa when you apply in the future. Have you considered the Uni fees issue. I think three years residency is required in UK before you qualify as a local for student fees/loans etc. I hope I'm wrong. It may be worth looking at the option of gaining Aus citizenship and attending Uni in Aus an an Australian student with the advantages that brings.

You have a Permanent visa which gives you PR status. Your visa allows you to stay in Australia indefinitely and go offshore and return to Australia as many times as you like (subject to ongoing satisfaction of character requirements) until 5 years (depending on your visa subclass) have elapsed from when the permanent visa first came into effect. You are not eligible to renter Australia after the five years unless you hold another visa, usually a Resident Return Visa. To be granted a RRV you need to apply (onshore or offshore) and meet eligibility requirements including having lived in Australia for 2 years (730 days total) during the preceding 5 years. Depending on the degree of connection with Australia you may be granted a 5 year, 1 year or shorter RRV. The RRV visa allows you to stay in stay in Australia indefinitely or to go offshore and return until the RRV expires. The application fee for an RRV is currently $360. Therefore based on your 3 years of residence it is likely you would be granted a 5 year RRV. If you live in Australia (lawfully) for four years (with at least the most recent 12 months as a PR) you are eligible to apply for Australian Citizenship. Citizenship in turn allows you to apply for an Australian Passport and with that you can leave and return as you wish indefinitely (as long as your passport remains current and is not canceled due to character/security issues). You are close to meeting the four year qualifying period and hence depending on when you go offshore, and the reasons for you leaving, and whether you absence is temporary or permanent, you may need to seek advice as to whether you may be eligible for Australian citizenship in the future. At the very least if you apply for and are granted RRV's you have the option of returning to Aus for some years into the future.

Yes I agree Cubiscus this process can be confusing. I think you've already found Form 119 Application for Australian Citizenship which can be used to obtain a Cert of Citizenship for your child. In the evidence requirements in Table B it specifies 'Evidence of one parent's permanent residence (if available)'. It goes on to mention visa labels etc and this causes the confusion. It appears to cater only for those (pre 2015) that may have a real visa label but the language is misleading. The guidelines perhaps could be improved by saying: Provide a copy of your passport with visa label, or in the case of electronic labels, please provide a copy of the passport to which the electronic label is attached. Just provide a copy of the ID page of the passport to which your electronic visa has been assigned. DIBP can then use your passport number to confirm that you had PR when your Australian born child arrived. When you come to passport application you can enter both your child's birth certificate details and their citizenship certificate details and you can ignore any references to requiring proof that either parent is an Australian Citizen. Your persistence will be rewarded and remember to remind your child (at their 21'st birthday party) that you once had a full head of hair, but that you sacrificed that to obtain their Australian Citizenship. Regards

Not a stupid question at all. Citizenship is something your friend should sort before she leaves. An Oz embassy can process 'citizenship by descent' applicants for those living overseas who have a right to Australian Citizenship, but it would be inappropriate to confer citizenship on those who have no intention of living in Australia or maintaining strong connections with Australia. Eligibility requirements include: a permanent resident likely to reside, or continue to reside, in Australia or to maintain close and continuing association with Australia or of good character.

Bunbury is a great place to live. High growth rates, plenty of opportunities to work or invest in a diverse region. As Mrsmac has pointed out facilities are first class. Only 2 hours by train or car (or fly if you wish). Coast line is unique with endless beaches with some that you can drive on to find a kilometre or two of beach to yourself. Active cultural and sporting community. Every pastime is catered for. Fishing (boat, beach, river and inland lakes/dams), diving, surfing, bush walking, mountain biking, etc Even caters for underwater hockey if you have the inclination. Economy is based primarily on service industries supporting the local mineral processing and farming economy. Big retail (some 24 hour per day), medium enterprise and small businesses abound. Emerging opportunities in tatoo removal and modification . Hinterland is spectacular with a number of National Parks close by. Climate is cooler than Perth, but warmer than Albany. Albany and Esperance are fantastic towns in spectacular coastal settings but are more isolated than Bunbury. Albany is 4.5hrs, and Esperance over 7 hours drive from Perth. Margaret River/ Busselton are a comfortable day trip form Bunbury. Go for lunch and return home to Bunbury for dinner. Go to the Entertainment Centre and catch a world class show before making for home in your CBD, suburban, semi-rural or completely rural home no more than 30min drive away. Great for treechangers and seachangers that dont want to give up the advantages of city living. If you like to read during the day while it is drizzling outside. Live in beautifiul Albany. If you like to be disconnected from the entire civilised world (and you are rich enough not to need paid work) in a spectacular coastal setting. Live in spectacular Esperance If you want more choices. Live in Bunbury (or thereabouits) [TABLE=width: 252] [TR] [TD][TABLE=width: 685] [TR] [TD]Mean annual figures[/TD] [TD] [/TD] [TD] [/TD] [TD] [/TD] [TD] [/TD] [TD] [/TD] [/TR] [TR] [TD] [/TD] [TD]Albany[/TD] [TD]Bunbury[/TD] [TD]Esperance[/TD] [TD]Perth[/TD] [TD]London[/TD] [/TR] [TR] [TD]Max temp ©[/TD] [TD=align: right]19.5[/TD] [TD=align: right]21.8[/TD] [TD=align: right]21.9[/TD] [TD=align: right]24.8[/TD] [TD=align: right]13.8[/TD] [/TR] [TR] [TD]Min temp ©[/TD] [TD=align: right]11.7[/TD] [TD=align: right]11.6[/TD] [TD=align: right]12.1[/TD] [TD=align: right]12.8[/TD] [TD=align: right]7[/TD] [/TR] [TR] [TD]Mean annual rainfall (mm)[/TD] [TD=align: right]929[/TD] [TD=align: right]872[/TD] [TD=align: right]616[/TD] [TD=align: right]868[/TD] [TD=align: right]594[/TD] [/TR] [TR] [TD]Wet days[/TD] [TD=align: right]103[/TD] [TD=align: right]69[/TD] [TD=align: right]91[/TD] [TD=align: right]91[/TD] [TD=align: right]164[/TD] [/TR] [TR] [TD]Cloudy days[/TD] [TD=align: right]182[/TD] [TD=align: right]101[/TD] [TD=align: right]123[/TD] [TD=align: right]114[/TD] [TD] [/TD] [/TR] [TR] [TD]Clear days[/TD] [TD=align: right]45[/TD] [TD=align: right]121[/TD] [TD=align: right]86[/TD] [TD=align: right]131[/TD] [TD] [/TD] [/TR] [/TABLE] [/TD] [/TR] [/TABLE]