Laura Zorzi

14 hours ago, bowbow said:

Our daughters application was approved in just under 3 months. Does anyone know how long it normally takes for the citizenship by descent extract to then arrive in the post? (In the UK specifically.)

It should not take long (1-3 weeks)

2 hours ago, talktosi said:

Spoke to a migration consultant ( in UK) last week who said processing times are around 12 months - then another 2 months or so to apply for citizenship certificate and then apply for passport 

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.

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.

14 hours ago, newjez said:

If their Australian citizenship is approved before departing, they won't be able to use their British passports, as an Australian citizen can't get a visa to enter Australia. I've been here before. They would need to get their Australian passport.

"

they also need a visa & travel exemption if their Australian citizenship IS NOT approved before departing. "

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

Yes, they can use their British passports, but they also need a visa & travel exemption if their Australian citizenship is not approved before departing. 

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.

The Department has been approving BVBs of one year validity quite easily now.

5 hours ago, raza12345 said:

Hi,

My employer wants to nominate me for 186 direct entry, however, he is not willing to do labor market testing. For 186 nomination, does it impact the nomination outcome if labor market testing is not done?

Please guide,

Thanks

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.

3 hours ago, Hex said:

@Bob Y it's 2 years of working for the same company, hence, the date of VISA grant is irrelevant. So 2 years (full time) working for the same company. A couple notes here though: 

1. This is more a general rule of curtesy than a law (although, if you leave early and the company feels you only joined them to gain a visa, they could open a case with Immigration about it). 

2. If you need / want to leave after the visa is granted, I suggest you speak with the employer. As long as it's agreed mutually and with best intensions, there'll be no problem. Immigration would only investigate if there's a complaint made from the company.  

3. Any "unpaid" leave is not counted towards "full time employment". 

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.

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.

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.

6 hours ago, chef351311 said:

Hey guys,

Does anyone know if we change the employer while on 457 and they are willing to take over the sponsorship if we are eligible for TRT based on the previous sponsor? I have 6 months left (to complete 3 years full time work) with my current sponsor, if i get nominated by another sponsor will I be eligible to apply for TRT in 6 months with them still?

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)

On 31/08/2020 at 22:28, Adam B said:

 

I don't think it will carry the same conditions, from portal "Bridging visa conditions No conditions", however I agree that there is information about activation date "Active after Temporary Skill Shortage ends on XXXX-XX-XX", so in theory if you are close to the expiration date of your 482 visa your bridging visa should be activated even if it has been lodged by another employee ? This is just a theory  

 

 

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  

38 minutes ago, Adam B said:

Laura,

If he/she apply for 186DE should automatically get Bridging Visa A(in case of the onshore application) with the same rights which has his/her current visa ( 482 - full work rights), however is inactive at the beginning.

So if he/she change employee  in theory his/her 482 visa won't be valid anymore, but he/she still should be able to work on bridging visa with the new employee ? 

 

 

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.

20 hours ago, JenniferSiders said:

Yes, the new employer can sponsor directly 186 DE. I was in more or less similar situation but on a different skill set.

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)

7 minutes ago, Adam B said:

What in this case means post qualification ?  As my MARA agent said it is post met date from skills assessment. I'm confused, would be nice if you can briefly explain that, and I will talk with my agent. Thanks

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).

39 minutes ago, Horus said:

So, there is no problem with the below?

If it is for a 186 and the relevant experience is post-qualification, it seems ok.

4 hours ago, Horus said:

Well it states “have a 3 years relevant work experience” which I have according to the documents provided by my previous companies but ACS has some different opinion altogether. Strange thing is my company’s “migration specialist” said that it’ll be fine. Wondering if I can get any other opinion. 
 

p.s I have applied for the visa and done my medicals. 

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).

On 23/08/2020 at 01:10, XoXo11 said:

Hi Laura

can you also advice if AAT 186 Remittals are given a priority in terms of finalizing the visa ?

won the case in April , Nomination approved but still awaiting visa from last 4 months 

You may ask priority process to the AAT explaining your reasons and providing supporting evidence.

8 hours ago, Marisawright said:

Grandfathering does not always apply when they change the rules.  It all depends how the government feels at the time.

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)

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.

13 hours ago, Kiwi said:

Hi Laura, what documents we can upload as a confirmation of the employment? 
 
 

A letter from the employer confirming that employment is still available

18 hours ago, HarryG said:

Mean will get refusal for current 186 due to apply fresh 482 from different employer same time.

Better to wait for current 186

 if refused department will give 28 days during this 28 days can apply fresh 482?

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.

8 minutes ago, Saper said:

Hi, MA lodged nomination application, I am going to lodge visa application for 186 TRT. Could you please guide me if it is mandatory to fill form 80?

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.