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Laura Zorzi

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Everything posted by Laura Zorzi

  1. In my opinion (and experience), 12-month wait seems a bit too much. Further, once your child's citizenship application is approved, you do not have to apply for the certificate, but it will be posted to the postal address you declared.
  2. Even if the 309 is based on your de facto/spouse relationship, you can add your kids as secondary applicants. However, if you were an Australian citizen at the time of their birth, it is cheaper and easier to apply for their Australian citizenship by descent instead.
  3. For dual citizens without their Australian passport, there is the option of the ADV Australian Declaratory visa (not really a visa though!) - Form 931. It allows dual citizens to have their Australian citizenship status linked to their foreign passport in some circumstances: https://immi.homeaffairs.gov.au/form-listing/forms/931.pdf
  4. Yes, they can use their British passports, but they also need a visa & travel exemption if their Australian citizenship is not approved before departing.
  5. From experience, two months without any communication from them is not a long time. If it is urgent, you can contact the Australian High Commission in London and explain the urgency, they are very responsive. The alternative can be for your daughters to enter on a visitor visa and wait for their Australian citizenship onshore.
  6. The Department has been approving BVBs of one year validity quite easily now.
  7. There is an expectation that the position is advertised to demonstrate that there is a genuine need for an overseas worker to fill the position.
  8. I beg to differ. The 2-year obligation starts when the 186 is granted, although, as you said, it is not a visa condition but a "moral" obligation.
  9. Photograph - passport refers to the passport-size photo i.e. the front and back of your endorsed photograph. If it says that the quality is too low, probably you will have to scan it again with higher quality.
  10. As you said, there is no legal condition that requires you to stay with the same employer for at least 2 years from visa grant. It is more of a moral obligation, so no issues if you leave.
  11. You can use the time worked with the previous sponsor only if it is in the same location (e.g. the new sponsor buys the place from the old sponsor) or under the same ABN (e.g. change of location but same entity)
  12. My biggest apologies (above all to you Adam), you are right about the conditions on the bridging visa. I am so inundated with 186s TRT – where remaining with the sponsor is a must – that I missed the point and focused on changing employer/sponsor! I had a very similar case some years ago, where the 457 visa holder was getting nominated for a 186 DE by another entity (although he never accessed his BVA as the 186 was granted before the 457 expired). The 186 DE is a permanent visa so NIL conditions on the BVA. Given the current scenario, the 186 DE nomination must have a strong case though. So need to be very careful. I hope you can forgive my (human) oversight and still appreciate my contribution to this forum
  13. The bridging visa will come into effect only at the expiry of the 482. It will carry the same conditions anyway (8607 included - see below) If he changes employer, he needs to transfer his 482 (new nomination) as his 482 will continue to have condition 8607 (work only in the nominated occupation and for the nominating business). Not transferring the visa but working for a new employer will be a breach of the visa condition which can possibly lead to cancellation.
  14. Agree, but you will not be able to work with the new employer until: - the 186 DE is granted OR - you transfer your 482 to the new employer first (i.e. when the new nomination is approved)
  15. The deeming date from the skills assessment authority is irrelevant for the 186 DE, so any year of relevant work experience after having completed a relevant qualification can be counted. This does not work for GSM points tested visas, where you can only claim points for the experience that the authority recognised (i.e. from the deeming date).
  16. If it is for a 186 and the relevant experience is post-qualification, it seems ok.
  17. For the 186, to have a positive skills assessment and to have 3 years of skilled work experience are 2 different requirements. This means that any year of relevant experience post-qualification can be counted, regardless of the deeming date of the skills assessment authority (which, on the contrary, is relevant for the points tested visas e.g. 189, 190, 491).
  18. You may ask priority process to the AAT explaining your reasons and providing supporting evidence.
  19. They did apply for the 457s lodged before 18 April 2017, that is that these visa applicants/holders are able to proceed with PR even if the occupation is on the STSOL (up until March 2022). However, they were granted a 2 year visa (instead of 4 years as per the occupations on the MLTSSL)
  20. From date of visa approval. If you had only transferred your 457/482 visa to your current sponsor (who also is the nominator for your 186/187 TRT), then the 2 years start from the date of nomination approval.
  21. I haven't seen the application , so I cannot comment on the level of risk of refusal nor grounds for refusal, but from your previous words it appears that there are some issues with the nominating company, that's why you wish to change employer. I hardly think that it will be refused for another application lodged. if refused, you will have 35 days to leave Australia or to make another application, but only from a limited list of onshore visas as you will be s.48 barred - sc482 visa is not on this list (you can go offshore to apply). You could also have review rights, so you can appeal the refusal to the tribunal, if there are grounds to overturn the decision.
  22. If you want, you can provide it, although it's not mandatory. I haven't been uploading the Form 80 for the past 2-3 years, above all for European clients. If the Department needs it, they will request.
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