paulhand

2 hours ago, Nss said:

Good day to all,this is my first time to join,I highly appreciate it if some one can advise me  about RRV renewal,if my visa is finishing in April and I will send my application for renewal now in January can I travel in and out from Australia until the visa expires?i mean does the current visa I have expires just because I submitted an application for renewal?

Hope any one is able to help and thank you in advance.

To answer the specific question: yes, you can use your current visa until it expires, or you get granted a new one which replaces it. 

This is a good place to start:

https://business.nt.gov.au/business/migration-information-for-business/northern-territory-designated-area-migration-agreement

An RMA can give you more information tailored to your situation.

24 minutes ago, ohmoomtang said:

Do I need OVHC at that time of lodgement as DHA website said OSHC still acceptable if my student visa still valid?

No - but put it in place before your OSHC expires.

25 minutes ago, ohmoomtang said:

Is my application consider as a valid one? Any chance of refusal?

If you received notification of the grant of a bridging visa, then you have made a valid application and your application will be assessed. It's not really possible to comment on the outcome of your application.

It would depend on the specifics. The policy position is: "Applicants whose work is equivalent to full time employment may count weekends in the 88 day period. However, if the applicant’s work is not equivalent to full time employment, that is, part time or casual, they may only count the full days actually worked."

Personally, I wouldn't cut it so fine that it turns on this definition.

6 hours ago, samlab said:

1, What are the costs for? MA fees? 

2, What are his options? Besides going back to the UK? Maybe 187? or leave the company and get another sponsor transferring the 457, which involves beginning the 2 or 3 years now again? 

The employer is most likely talking about the newish SAF Levy on all employer sponsored/nominated visas. It is $5,000 for larger companies nominating for a permanent visa. This levy can’t be passed to the visa applicant. 

‘It would be best for your colleague to speak to a registered migration agent with the specifics of their situation to get an opinion on ways forward. 

10 hours ago, HarryLondon95 said:

Hi,

I moved to Sydney last year on 417 visa, since arriving I’ve been working in Sydney trying to get sponsorship. As a back up I’ve been doing farm work incrementally over the last year. I’ve got an ABN, an employee verification form and reference from the farmer. My issue is that I had been getting paid in cash as it was casual work and don’t have bank records. I can get payslips but the date will range over 9 months and have my total hours worked and total pay, would this be an issue? My worried I may need more precise dates.

Thanks 

Harry 

If you have been doing casual work, three months is taken to mean a minimum of 88 full working days. If you have payslips that properly demonstrate you have done this, then there should be no issue.

On 13/01/2019 at 07:44, lbw_rtr said:

Can I lodge an application for 489 knowing that my skills haven't been assessed yet ?

If I lodge an application and get a bridging visa, will I have to wait until my current working holiday visa ends to work with the company again ?

- No

- Once you have lodged the application, you can apply for an exemption to the six month limit

13 hours ago, CactusON said:

As a casual (albeit paid more per hour) employee at 2 jobs that make up 30-35 hours a week for 52 Weeks straight seems unfair.
In comparison to a Full Time employee with the benefit of 4 weeks of paid leave out of the 52 Weeks. This not including paid sick leave and public holidays.

 

To meet the work requirements of Visa 887:

Is it strictly 52 Weeks consecutively (straight), no breaks in between?
No Holidays, No Sick Days, No Public Holidays?

You must have worked full-time in a specified regional area for a total of at least one calendar year while holding one of the provisional GSM visas. 

A full-time position is one which normally requires 35 hours a week work. Where necessary, you can "add together" the hours worked in two part-time or casual positions to meet the full-time work requirement.

The Department notes that applicants who have been working on a contractual basis or are self-employed, in particular, will need to ensure they have evidence that supports their claim that they have worked for at least 35 hours a week.

It's 365 days in total, so the best way is to count the actual number of days spent in Australia. They should not add up to any more than 365 in any 18-month period looking back from the day in question.

Leave yourself some room for error as you do not want her to breach this condition.

3 hours ago, asrar said:

Hi,

I received PR in Feb 2014 and expiring next month. I visited Australia in December 2014 for a few days and never returned back. My reason to not return is that I have been working overseas in US with a stable job and do not want to resign. 

I want to get my PR extended (via RRV) but would like to know working overseas can be considered compelling and passionate reason. 

Appreciate if someone can share their experience and provide guidance in this regard. 

Thanks

You do not need to show ‘compelling and compassionate reasons’ for being overseas unless you have been away for 5+ years. You DO need to show that you have substantial business, cultural, personal or employment ties to Australia, which are of benefit to Australia.  

You get a 5 year RRV if you meet the 2 year residence requirement and may get a 1 year one if you don't meet the residence requirement, but can demonstrate substantial ties to Australia. There is no discretion for the officer to vary this.

The definition of de facto relationship, in law, is one in which the partners are not married and "have a mutual commitment to a shared life to the exclusion of all others; and the relationship between them is genuine and continuing; and they live together; or do not live separately and apart on a permanent basis; and they are not related by family."

The de facto relationship begins when these criteria are met. It is not wise to equate this with marriage as you can be married and still fail the partner test for migration purposes.

On 04/01/2019 at 21:28, Marisawright said:

You've already had advice from a migration agent here, who advised you to try to get the RRV.  I'd listen to the expert.

Agreed. 

On 06/01/2019 at 00:44, Marisawright said:

It's the same answer as last time.  Once his one-year RRV expires, he will need to make a new application and they'll make a judgment based on whether he has genuine strong ties to Australia.  He would also need compelling reasons why he couldn't move back to Australia earlier.  Are his reasons compelling?

He would need to demonstrate substantial ties, but there is no requirement to demonstrate “compelling” reasons for absence unless he has been away for 5+ years. However, as other posters have said, the longer the absence, the harder it is to demonstrate substantial ties. Having an Aussie partner is a good start though ... 

On 26/12/2018 at 17:30, AnnetteV said:

Hi again

I was chatting to a friend of mine yesterday and he may have had a point but I'm not sure so thought to post it here.

When I was working full time here I went on holiday twice overseas, one 10 day trip and one 3 weeks holiday. Do I need to add those 30 days at the end of my two years in Australia or am I allowed to go on overseas holidays within the 2 year requirement?

As answered in your other post - yes you need to add these days on. You are allowed to go on holiday, but the days outside of Australia do not count towards the residence requirement.

2 hours ago, AnnetteV said:

Hi

I'm wondering if any holiday taken overseas during the 2 year resident requirement is included or excluded when I want to apply for a five year RRV?

Many thanks.

You need to have been physically present in Australia for 730 days in the 5 years before applying. These days do not need to be consecutive, so you just add the total number of onshore days. 

41 minutes ago, rammygirl said:

It is two years out of five.  No leeway unless you can prove you HAD  to be overseas for work. 

There is no leeway at all on the 2 years if you want a 5 year RRV, it's built into the law.

There is no 'fast track' process for RRVs. Bridging visas are usually relatively quick - you will need a BVB to travel and return.

Assuming you are offshore, this is true and provided you still meet the criteria there is no reason for there to be any issues. 

6 hours ago, Marisawright said:

Just to clarify your terminology, which may help you when you are discussing this elsewhere

ONCE YOU HAVE PR, YOU NEVER EVER LOSE IT. You can't talk about "extending PR" because it already lasts until you die (unless you get citizenship).

When you first get your visa, you get travel rights (the right to travel in and out of Australia) for five years.   

If you don't take citizenship during that time, then you need to renew your travel rights.  That's called a RRV.   You don't "switch" to a RRV.  It's an add-on to your PR visa. 

How this applies to your situation:

Your 801 visa does not "expire" in 2020 because it's a PR visa and that never expires.  What expires are your travel rights.  Same for your husband - his RRV will expire but his PR visa continues.  However, if you are overseas without valid travel rights, your PR becomes worthless because you won't be allowed back into the country. 

So your problem is not how to extend PR, that's impossible - it's how to get your travel rights renewed.   

to get a RRV, you normally need to have been living in Australia for two years out of the previous five years.  If you don't have that, then you need to demonstrate "very strong ties" to Australia.  

If you delay moving back to the very last minute, then you fail the residency test, and it will be difficult to pretend you have very strong ties to Australia if you've only just arrived back after a long absence. 

However, consider this:  if you move back before April next year, your husband will get his two years' residency, so his RRV will be assured.   You will fall short, BUT by the time your travel rights expire, you will own a home where you've been living for some time, jobs, children established in schools, etc., so you'll be in a much better position to argue that you have "very strong ties" to Australia. 

 

This is not the correct way to look at this issue.

You DO lose your permanent resident status if you are offshore and the "travel rights" of your permanent visa have expired. You may reinstate your permanent resident status by being granted an RRV (or another permanent visa), but whilst you are offshore and without a valid visa to return, you are a FORMER permanent resident in the eyes of the law and the Department.

"Extending PR" is the wrong terminology, but an RRV (i.e. a Resident Return Visa) is not some form of add-on "travel rights" , it a new permanent visa which replaces whatever former permanent visa you previously held.

In the OP's case, as Raul advises, it would be a good idea to discuss strategy with a professional.

Have you changed your passport and not updated the Department? Sounds like your travel records aren't linked to the details you provided.

9 hours ago, Adm said:

Hi,

Sorry if this has already been posted. I've had a look but couldn't find anything.

I'm asking on behalf of my Great Uncle. He is a £10 pom that was in Australia through the migrated passage scheme in 1964. He says they were granted residency and it was never rescinded and he and his wife lived there til 1972 when they had to return due to her mother being ill.

He is hoping to apply and qualify through "heredity entitlement" on the basis that his Grandfather was a first born Australian and that his mother (his Grandfather's daughter) was also entitled to be recognised as an Australian citizen because she was the daughter of an Australian. His mother lived the final 38 years of his life exclusively in Australia through til death in 2002. His father was also an approved British migrant resident living in Aust from 1964 til death around 1990.

We think there is an application procedure somewhere that refers to a requirement for second generation (my Great Uncle's Mother) applicants to be able to prove they lived their final years in Australia but have no idea where to look and searching for this online doesn't seem to bring up any results. My Great Uncle - I believe - was born in the UK. His sister was also born in the UK but has been a resident and citizen of Australia for most of her life I think.

Any help you could give to point us in the right direction would be really appreciated

Thanks

This is not a simple question, your uncle should speak with a Registered Migration Agent with all the facts.

There are no travel restrictions whilst your PMV is current.

Going forward, if you intend travelling after that then you need a Bridging Visa B.

Your choice, as long as it's done before the PMV expires. Are you sure about that expiry date, as a PMV runs 9 months from grant?

2 hours ago, CivCdn said:

Holders no longer required to move employers after 6 months.

Length of visas also may be extended.

More specifically:

• Work and Holiday makers (subclass 462) will be able to undertake regional plant and animal cultivation work in additional priority areas to become eligible for a second visa.

• Extension of the period a WHM (subclass 417 and 462) may work with the same agricultural employer from six to 12 months.

• Introduction of a third year visa option for WHM (subclasses 417 and 462), who from 1 July 2019 onwards complete six months of regional work in the second year.

• Increase the number of places available for Work and Holiday Maker program (subclass 462) by 
lifting annual caps available to a number of countries participating in the subclass 462 visa program.

These changes require a strict workforce test to be applied to ensure Australian workers are given the first opportunity for work.