paulhand

19 minutes ago, Bluesmum said:

If the application is viable, I would engage the services of a migration agent to guide us.

I think that you need to consult a migration agent to ascertain viability as well as talk through all the pros/cons of different visa options. Parent visas are complex as you have seen. @Alan Collettis expert in this area. 

10 hours ago, Marisawright said:

can she afford to be out of work for six months or more?

… three months as far as the visa is concerned. 

They do vary a fair amount. 2-5 months in similar situations to what you outline would be a reasonable expectation. 

As mentioned, makes no difference, but be careful about what partner points you claim. 

Just for full transparency… I don’t offer free initial consultation's but I do rebate the initial consultation fee against any further fees if the matter progresses. My view is there can be just as much (or more) work involved in properly ascertaining that a person has no viable pathway as there is in identifying the best route. If it’s obvious from the initial information that an enquiry has absolutely no hope, then I will just say so and not take the consultation. 

1 hour ago, paulhand said:

That's a shame in hindsight as it's not needed anymore for UK passport holders!

 

To clarify: for 2nd and 3rd WHV applied for on or after 1st July 2024. 

41 minutes ago, Ben8899 said:

I also have the option of applying for a third working holiday VISA as I have completed the mandatory "Zucchini Picking in a hot field while being shouted at by an angry Queenslander called Dave-O"'

That's a shame in hindsight as it's not needed anymore for UK passport holders!

You don't need a lawyer - consult a Registered Migration Agent ... and you are wrong about the motives of most of my colleagues. We take pride in helping people achieve their migration goals.

1 hour ago, InnerVoice said:

Sorry, I hadn't realized the OP was in the UK - when he mentioned he had an Australian girlfriend I just assume he was onshore.

He's in Aus - that's why the Prospective Marriage Visa doesn't work ... 

3 minutes ago, InnerVoice said:

f you feel confident about the relationship then a Prospective Marriage Visa might be you best bet. If you like it, put a ring on it. You know it's what Hugh would do!

:- ) but that won’t work as it’s an offshore application … and it’s a bit early for a partner visa. It would be helpful to know when the OP’s current visa expires. That will inform what makes sense. 

40 minutes ago, Sausage said:

My wife and I both work in healthcare, with her being a consultant doctor. 

We have spent lots of time in Australia over the years, and we have long hoped to emigrate, however it hasn't been possible so far due to family commitments. 

This will sound morbid - but we plan on waiting until my mother in law dies (the main cause of our family commitments!)  before we make the move, and due to progression of illnesses she has it looks like that will happen in the next few years. That will take us both beyond the age of 45.

I think for our situation (doctors in general) there is presently a path to permanent migration with 2 possible exemptions from the 45 year age limit if I'm reading it correctly .  First being we could move to a regional area under a 482 visa for 2 years, then apply for 186 visa with the regional part providing the exemption.  Secondly, any job my wife gets will exceed the Fair work high income threshold, looks like any worker who has a job paying over the threshold for 2 years can also apply for a 186 visa (seemingly without the regional aspect applying?)

I'm wondering if anyone has experience of using these exemptions, and can give their experience?

 

Obviously its not ideal - we would be moving under a temporary visa with no guarantee of the exemptions still being available at the time of applying, and no guarantee of our health being good at that time etc.... But by the same token If we apply for a permanent visa now, we would possibly not be able to move before it expires.  Its a case of making the best of it.

I suggest that you get some professional advice on your options as these are complex scenarios. Any permanent visa granted now would offer you 5 years in which to make a move.

Have a word (or several) with @Alan Collett - he’s the go to guy for this type of stuff. 

2 hours ago, Caroline01 said:

I don’t want to pay a migration agent to help me before I know what I need to do. 

That’s kind of the point of the migration agent - helping you work out the most efficient and cost effective route. I do many consultations for clients who then go on to do their own applications. 

29 minutes ago, Marisawright said:

I would suggest you book a paid consultation with a good migration agent, to get advice on what to do about the 18 year old (try Suncoast Migration or Go Matilda).  It's possible he could be included on your fiance's visa if he applies before the child turns 18.   Although the child doesn't want to migrate now, he might change his mind in future, and once he's 18 it may be too late. Once he's an adult, being the son or daughter of a permanent resident doesn't count for anything, and his only option will be to do all the years of study and work experience to possibly get a skilled visa in his own right, if he's lucky. 

If you include the child in the application, all he has to do is go on holiday to Australia with his father so they can activate their visas together, then he'll have a few years to decide what he wants to do -- and even if he decides not to make the permanent move during that time, the fact that he's already held a PR visa means that he'll be able to revive it in the future. 

As for your other questions:

• Yes, if you can get citizenship by descent for your children, they won't need visas.  I suggest you get that organised now.
   
• Yes, the 309/100 visa is the right one.
   
• No, you don't have to be in Australia to apply for it.  Currently it's only taking 3-6 months for the visa to be granted, if you apply from the UK.
   
• Once the visa is granted, he will have a year to activate the visa.  That means he must arrive in Australia and go through Immigration, but it can just be for a holiday.  
   
• Once the visa is activated, he must move permanently to Australia before the "must not arrive after" date on his visa.  That date is 5 years from the date of grant (NOT 5 years from the date of activation). 

So let's say you apply now, and the visa is granted in April, he (and his son) will have until March 2025 to make his activation visit.  Then they will have to make the permanent move before April 2029.

Can’t argue with any of that : -) 

2 hours ago, roflie said:

Hi all,

Do you have to go through the entire process of having the health check, police check, financial checks when applying for the 6/12 month tourist visa, as you do for say a long term 870 visas or the likes? Feels like a lot to get an extra ~3 month on the standard tourist visa which doesn't ask for a lot. 

Thanks

Depends on nationality, age and whatever else is in the Department’s risk matrix. 

7 hours ago, InnerVoice said:

How long does it take to retrain to be an RMA, and is it worth it if you're in your late 50s? (serious question)

It’s all changed since I did it, so I’m not sure how long the programme that runs up to the final exams is. It’s the equivalent of a graduate certificate or diploma.  Some details and contacts here: https://www.mara.gov.au/steps-to-register/overview (see the capstone section).

Whether it’s worth it is down to how long you want to keep working for and whether you want to start building a business at this point in your life (or working for someone else!). 

8 hours ago, InnerVoice said:

I guess if you're young and fancy free there are a few jobs in a similar vein that would allow you work in both countries for a period of time each year.

I’m neither young nor especially fancy free, but Registered Migration Agent is an excellent option in this respect ;- )

2 hours ago, excitedbutterrified said:

Hi, apologies for snooping!  but I see from your post history that you already have an invitation for 189 visa. 

I was under the impression that you had to have a language test result before putting in the EOI?

You do if you want to claim the points. 

11 hours ago, Marisawright said:

It varies. Not long ago, UK applications were taking only 3 or 4 months. At the moment, they seem to have blown out to 12 months.  It all depends how busy the department is and which visas they're prioritizing.   

As you've been married so long, it's very likely you'll go straight to the PR version rather than the temporary one, but no one can say for sure. 

If he gets the PR version, once he's granted the visa, he will have a year from date of grant to activate his visa.  That doesn't mean he has to make the move, he literally just has to land in Australia, go through Immigration, and leave again.    So if you're planning a holiday, that's enough.   Once that's done, he has up to 5 years from the date of grant (not date of activation) to make the permanent move.  

My recent are not taking anything like that long at the moment. And if you have been married for 18 years with a teenage child then yes, you will get the permanent visa straight away.  

A degree does not need to be relevant to your occupation for you to be able to claim points for it. 

It will depend very much on the specifics of the role. Generally, Management Consultant is considered as an external client focussed role, although they can make exceptions. I would seek a specialist consultation with a registered migration agent or directly with VETASSESS as suggested above. 

27 minutes ago, Louise1234 said:

if your application is rejected for some reason - is there some sort of refund

No … it’s an application fee, not a grant fee. 

You need to use the name on your passport. Up to you whether you want to get a new one. 

3 hours ago, Louise1234 said:

Is that ontop of the fee's for the agent? TIA we are also a family of four

 

Plus medicals (say £1300), skills assessment (varies depending on occupation - can be £1000+) and other sundries 

2 minutes ago, Nemesis said:

I'm aware of "no live trace". However this is a slightly different issue. No saying it definitely applies, but its possible. 

There are still some very old records on file which should have been "weeded" under Data Protection - the rules would include a caution as described above. They come to light every so often, due to checks like this, and IF they were retained in error and should have been weeded under DP when back record conversion was being done years ago, then they can be put up for deletion now and would be totally deleted from record. 

Many people who had single offences, of a minor kind, or single cautions, had their records weeded and deleted under this policy. I wouldn't imagine there are many left now, but I certainly wouldn't rule it out.

 

I worked for PNC back in the day and was involved in the back-record-conversion, and weeding/destruction of many thousands of records. 

I stand corrected!

3 hours ago, Nemesis said:

The caution might be still on file as it missed being weeded for some reason. It won't be anything to do with the other things you mention as those details wouldn't be held on the same part f the database as cautions/convictions.

When you get the SAR back, if the caution is on there, and you believe this is not correct, contact the Data Protection unit at your local police headquarters. If it has missed being weeded for some reason, then they can put in a request for it to be removed now. 

It won’t be removed from the files … “no live trace” means it has been stepped down as mentioned above and wouldn’t appear in, for example, a standard DBS check but it will always sit in the background on the record and appear in an ACRO check for immigration purposes.