paulhand
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Posts posted by paulhand
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16 hours ago, VERYSTORMY said:
The occupation is not on the skills lists for eligible for a visa. Nor has it ever been. A HGV license is not transferable
It is actually on the list of additional occupations for the NT DAMA.
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The 2 years is in the law. If you have spent 730+ days in Australia in the previous 5 years, you are granted a 5 year RRV. If less, you can still be granted a one year RRV if you demonstrate substantial ties to Australia, which are of benefit to Australia.
If you come back for the last 30 or so days that will make things much easier.
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There are no definites, but as @Amber Snowball says you have probably reached the point where you need some professional advice.
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4 hours ago, MorganHarris96 said:
Hi Guys,
I am currently on 417 Working Holiday Visa, I am just about to take the plunge and apply/pay for the 820/801 De Facto Visa. I am seeing some contradicting statements around the conditions of the BVA Bridging Visa. My questions are:
1. Once my Working Holiday has expired in September, and my BVA starts – will I have full unrestricted working rights such as the 820 would grant me or will the conditions of the 417 visa transfer i.e. only being able to work with one employer for 6 months at a time?
2. Once you have paid for the visa, do you receive your BVA instantly (even though it does not come into effect until my 417 expires) or is when my current visa ends that I receive this?
Appreciate the thoughts or stories of anyone who has been through a similar situations
Cheers
As above:
1. Yes, unrestricted - partner application BVs have nil conditions.
2. Usually instantly.
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10 hours ago, Ian and Lesley said:
Appreciate that Paul and it makes sense to have a consistent standard. I hear you about not cutting it too fine which is exactly why I need to understand the rule. We have done a lot of travel in the last four years and my wife a little more. She will be OK on the "ATO interpretation" but not on any other (i.e. one or both of entry or departure date counting as a day out of country).
Do you happen to be able to point me to any official reference that confirms this? I checked the Australian Citizenship Act and there is nothing in there. So I guess its more of a generic definition.
Thanks again.
It is no longer published policy. I would run your dates through the citizenship calculator to see (and if you are worried, you can request a movement report from the Department).
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It’s the same as the ATO, using Canberra time, but I would never cut it so fine that it matters.
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Sole trading or business registration details and /or official statements issued by your (registered) accountant and/or legal team.
Statutory declaration listing your main duties during self-employment;
Payment evidence showing regular income from self-employment, such as client invoices together with corresponding bank statements and/ or official taxation records;
Supplementary evidence, such as contracts with clients or suppliers, client testimonials, evidence of projects completed etc.
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Follow the link on this page:
https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list
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The success of an RRV application will depend on the nature of your ties and how well you demonstrate them. The only sure way to maintain your PR status is to return before your permanent visa expires. I would get some professional advice based on your specific circumstances.
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The 3 month RRV is a different animal all together and has different criteria. It is for applicants who do not have sufficient substantial ties to qualify for the 5 (or 1) year RRV.
Perhaps it would be best to get some bespoke professional advice nearer the time, as things may have changed in the next 20 months.
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5 hours ago, Devonuk said:
I’m in the middle of the application now, when I fill in his child details it asks for his Australian residency type. I’ve put my son as other but it doesn’t give me a chance to say that his citizenship application is ongoing. Will there be somewhere later for this to be input?
Also I am having to apply for British citizenship to ensure I can get back into the uk if needed in the future as my ILR visa will have been revoked. I’ve not applied for it yet and have put down that I am citizen of no other country and hold no other passports, once I get the citizenship for UK will I need to then go back and update my application to answer yes to these questions?
- You can add it to your statutory declaration.
- Yes you will.
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2 hours ago, W2O said:
Ok, I guessed it possibly would be so it’s good to have confirmation of that, thanks. How would I update my passport number if I don’t renew until after being granted my visa - do I still use my Immi account or would there be some other way to update it?
Yes - in your immi account.
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That's fine ...
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2 hours ago, Devonuk said:
Thank you for your advice, my thoughts were the same. Only issue I see is I want to get the spousal app in ASAP as it takes so long and we aim to be there June/July 2020. The citizenship by descent takes about 4 months ( or so the website says), do you think if I put in the spousal visa app that the citizenship has been lodged it would still be ok?
I agree with the posts above that suggest running these in parallel.
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Currently it’s 4 years in Australia, with the final 12 months as a permanent resident, immediately before applying. You can be away for 12 months in total and 3 months in the final year. This government has said it wants to change this to 4 years as a PR, but they haven’t got far with that (yet). So, 2012-14 doesn’t help.
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2 hours ago, Aussiebird said:
Who is required to approve the sponsor?
The Department of Home Affairs (like now, but with the approval being a requirement to lodge the application, rather than being done after lodging).
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I think in this case, it would be better to contact a Registered Migration Agent who can look at the specifics of your situation.
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I think your first answer is in their announcement:
"BSMQ will continue to process applications which have been already invited for state nomination prior to this date until our quota is exhausted."
Your age (and other points) are calculated at the time of invitation to apply for the visa, so you need the nomination first.
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12 hours ago, newjez said:
Do you know when they will be released and what the proposed changes are?
They concern, amongst other things, requiring sponsors to be approved before a partner visa application is lodged, which may be an issue for those who apply onshore from short temporary visas. We don’t yet know when they will be implemented.
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12 hours ago, Aussiebird said:
Yes i have thought about this too. So if he applied for another partner visa, he would have 2 visas on the go?
No - because the previous partner visa has expired. That is why he needs a new visa to return. He can apply for any visa he is eligible for, and, as a former permanent resident, this includes an RRV.
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Partner application bridging visas come with nil conditions. You need to ensure that you wait for your 457 to expire; if it is cancelled, so is your bridging visa.
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15 hours ago, 1109842070 said:
I don't think the sponsor has to reside in Oz, when his partner applies visa 309. Where did you see it? As far as I can see, the department website only claims as long as you are pr/citizen you can apply for 309 for your partner.
It's in the Migration Regulations. The definition of permanent resident for this purpose requires that the person is both "usually resident in Australia" and "is the holder of a permanent visa".
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Travel on ETA during last visit to Australia
in Visa Chat
Posted
In this scenario the 2017 trip doesn’t actually reset the 5 year clock, as it is based on the last exit date as a PR.