paulhand

I suggest you speak with @Alan Collett

The advice you were given is wrong. She should have just let the visa expire naturally. I doubt that this will affect another application, but you will have to try to make sure.

As you say, you are applying for the subclass 300 … so the answer is yes. If yes, I need to put a proposed final departure date? so what should I add in that? as 820 will be on shore partner visa No

It's also worth pointing out that your visa is not 'locked in' until you make this first 'activation' trip. You have an obligation to advise them of any change in circumstances and, if those would have affected the eligibility for the visa, they are able to cancel it.

All my recent (since Covid) offshore grants for permanent visas have been with a one year from grant first entry date, regardless of the dates of police or medical checks.

You can apply for an RRV - the requirements are the same as for a former permanent resident.

The regs for the 186 say: ”If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person: (a) hold a licence of a particular kind; or (b) hold registration of a particular kind; or (c) be a member (or a member of a particular kind) of a particular professional body; to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.”

If you have been away for more than 5 years you will need to show ‘substantial personal, business, employment or cultural ties to Australia, which are of benefit to Australia’ as well as ‘compelling reasons’ for your absence. An offer of employment is a good place to start with substantial ties … you haven’t mentioned a reason for absence. Once you get an RRV you will need to apply for a partner visa for your wife and child. Whether you do this onshore or offshore will depend on your circumstances and requirements.

Yes, that counts.

Yes ... it's the cumulative number of days physically present in Australia as a permanent resident in the 5 years before the application date. Arrival and departure days both count as a day (Canberra time). You can apply for your movement records online to double check this if it's tight. No problem at all - you can arrive on the last day (but obviously this is not recommended!)

Correct, but as Marisa says, it would be a good idea to get some advice independent of a potential employer.

820 cancelled or 801 refused? There is a difference. As mentioned, a short professional consultation may help to put things into perspective.

They will tell you what to do.

QPS (and some other organizations/companies) have a labour agreement with the Commonwealth government which allows concessions to the standard grant terms for the specific visa(s). Each agreement is bespoke and may contain different concessions.

It counts as having spent more than 12 months in the country (assuming the maths gets to that). This is the trigger for asking for a police check. The wording does vary between application forms, but the concept is the same.

Ok you got me on the semantics … sorry, the usual question is “have you lived anywhere for longer than 12 months”. Here, the answer is Australia and they want want exact dates so they can calculate how many days you have spent in the country. This is about which police checks they need. You can attach a separate page if there are a lot of trips.

Then the answer is yes…

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This is very specialised stuff … I recommend that you contact a registered migration agent or an Australian “accredited specialist” lawyer who is well versed in this type of application. I can make a referral if you wish.

It’s my job to be. ;- )

I am happy to answer specific questions on an application during a consultation, but I don’t offer a blanket “review” service.

You don’t if you also apply to VIC (based on the final bullet point quoted), which was the basis for your original question.

Each state makes its own decisions on timings and generally spread things across the programme year, which runs from July-June. Realistically, this means that most invites will come between August and May as the programme takes a bit of time to wind up and wind down each year. The best time to submit an EOI is as soon as you possibly can!

From the NSW website: ” Basic eligibility To be considered for NSW nomination, at a minimum, you must meet the following basic criteria: Meet all requirements outlined by Home Affairs for this visa Be skilled in an occupation that is: within an ANZSCO unit group identified on the NSW skills list for this visa; AND is eligible for the visa Be currently residing in NSW, or offshore, and have continuously done so for a minimum period of six months Have submitted an EOI SkillSelect seeking nomination for the Skilled Nominated visa (subclass 190) only and NSW only ”

You are correct that he should have informed the Department about his change in relationship status, this is clearly noted in the application form. I don’t think it’s an issue of “fighting a case that he cannot win” because he’s not really fighting “a case”. His situation is more complex than it need have been, but if he’s in a new, solid relationship with an Australian and/or has a skilled occupation then there will, most likely be viable pathways available to him. But, the sequencing does need to be got right and, it is possible, although not guaranteed, that he will need to go offshore for a bit. A consultation to get a proper understanding of his situation shouldn’t cost “$$$$$$” rather a couple of hundred $. He doesn’t need a lawyer, as he is not going to court. Any of the registered migration agents who post regularly on this site will be able to provide an ‘honest’ assessment of the options for a reasonable professional fee.