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Immigration advice (please be gentle!)


louisella

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Hello all

I'm new to the forum so wanted to start off with hello and Happy New Year greetings.

I hope you don't mind as I've only just joined but I was wondering if anyone could offer some advice – my partner and I have decided to take the plunge and start the process of visa applications to live in Australia. It's been a dream of mine for a long time after doing my working visa in 2002 and vistis since then and already I'm very nervous / excited about applying!

 

I won't be able to go on my profession (I'm a PA but also have HR and lower management experience) however my partner is currently undergoing his training contract to be a lawyer and will qualify this year in August. At the moment, solicitors are on the skilled list however, as he'll only qualify in August, are we better waiting until after he's qualified before applying or should we start the process now just in case it's taken off the SOL when it's renewed? Does anyone know whether the time he has worked in his training contract would count towards being in skilled employment? I'm not sure if the skilled employment would only kick in once he's qualified even though he's been in full time employment with a law firm for the last 18 months? (if it does count, would we then be better waiting for him to have done 3 full years before applying in order to get the 5 points…but then run the risk of being taken off the SOL in that time).

 

Also, he has a history degree from when he was first at uni and then completed his Graduate Diploma in Law more recently so would he get 15 points for his first degree and then 10 for the diploma?

 

 

I'm concerned about the points as he's just turned 40 so already loses points for being in that bracket – I would be going on the back of him (not literally…I hope!) and not sure how the points part would work for me?

Also, my sister lives in Australia and has just been given citizenship; I know she can't actually sponsor either of us as she's not my only family member however from a visa perspective, are there any advantages to already having a relative out there?

I've been looking at agencies and Go Matilda and Ian Harrup seem to have really good reviews; I am struggling to find a guide as to how much the process would actually cost? I realise it will vary from case to case but it would be good to have a rough idea if anyone's able to help as I'd like to get quotes from about 5 agencies.

I've only just started researching this so apologies if any of the questions sound daft!

Many thanks

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Hi,

I would consult a migration agent or two to start with, some do free consultations. This will give you an idea of cost's eligibility etc.

they should be able to advise on the type of visa to go for also.

then do your home work on the process read the immi website form 1119 may help. Then you can decide if you wand to do the application yourself.

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I can't answer your questions, but Ian Harrop is now called Overseas Emigration and they are based in Edinburgh. We used them and they were absolutely marvellous! I can't speak highly enough of them.

 

I think you would be very sensible to consult a migration agent, they could save you a lot of wasted time and generally the initial consultation (whether face to face or on the phone) is free so you lose nothing by contacting them.

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Guest The Pom Queen

Welcome to the forum, good luck with the process, stay around as there are lots of very helpful members here who can guide you through everything from the visa to the move to emotional turmoil lol.

Alan Collett from Go Matilda is on the forum so he may be able to give you a rough idea of price

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Many thanks for the responses all, I've email 3 agencies so far and very impressed that I've had a response back from Ian Harrups' already.

 

It's not looking as promising as I'd have hoped though but not trying to feel too despondent just yet. Basically, although he's been working for a law firm for 18 months already, the actual experience (i.e for him to gain points) will only start when he qualifies (so would be 3 years from August 2014). Even then, assuming it's still on the SOL, it would only give 5 points

 

So in order to get the 60 points at the moment, he'll need to get:

- scores of 8+ on each component of the IELTS to get 20 points (English is one of his strongest points and he's a qualified proofreader so I'm keeping fingers crossed there!)

- 15 points for his age,

- 15 points for his degree

Then we can either opt for State Nomination provisional for 10 points or Family Sponsorship provisional for 10 points ...and if either of those worked, keep everything crossed that we could go for permanent residency further down the line.

The Family Sponsorship would realistically be the only option as I think it'd be hard for him to find work under the State Nomination provisional because of the exclusions of where you can work / live. I'm struggling to find more information about the Family Sponsorship - what I have found on this forum seems to suggest it's taken some people over 5 years to even get an update on their application!

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Hi - she lives in Perth; from the info which the agency have sent, this looks to be fine (it can't be Sydney-Newcastle-Wollongong strip or Brisbane)

Yes she could sponsor - to be eligible for the 887. You will need to be living in Designated Australia for 2 years (does not have to be where your sponsor lives), and work fulltime for 1 year, this requirement can be met by either you or your partner.

 

The thing about the Family sponsorship is that there is a limited number of places in each program year therefore processing of these visas can take longer. Some of the family sponsored applications that you speak about that has taken 5 years is due to the priority processing arrangements - that their occupations have been removed from the SOL therefore dropped to priority 5 processing.

 

State nominated applications are priority 3, family sponsored and 189 - priority 4, all other applications priority 5

 

http://www.immi.gov.au/media/fact-sheets/24apriority_skilled.htm

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Thanks Lebourvellec, re the family sponsorship; I'm struggling to find further information about this . The closest I have found is the Skilled - Regional Sponsored visa (subclass 475) however from what I've read this is now closed to new applicants so I've asked the agency if they're referring to a different one (which I hope they are!)

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Hi - I had wondered if it was that one however the agency have given the following options for visas

1) 190 State nomination permanent for 5 points,

2) 489 State nomination provisional for 10 points and

3) Family Sponsorship for 10 points. The email advises the following:

 

"Provided the occupation remains on the SOL, Family Sponsorship (instead of State Nomination) would be an options and gives you 10 points, but only a Provisional Visa. Close relative has to live in designated area and you are restricted where you can work"

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Guest guest73691

Hello

 

I could be mistaken, but when I looked into the applying for a visa by virtue of being a solicitor I was given the impression that to pass the relevant skills assessment you would need to already be admitted as a lawyer in Australia. To get admitted (depending on which state you are looking to move to) would require having your academics and experience assessed and then undertaking the requisite further study - generally this will involve some academic study and some college of law units.

 

MsAKW

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Does the Immigration look at previous records of travel (history) just by submitting the cover page of the passport? Because I made up some information to make my local working history more extensive when in fact I was out of the country for years.

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Hello

 

I could be mistaken, but when I looked into the applying for a visa by virtue of being a solicitor I was given the impression that to pass the relevant skills assessment you would need to already be admitted as a lawyer in Australia. To get admitted (depending on which state you are looking to move to) would require having your academics and experience assessed and then undertaking the requisite further study - generally this will involve some academic study and some college of law units.

 

MsAKW

 

MsAKW is correct I'm afraid - it's not as simple to just apply as a lawyer because it is on the skills list, you have to be eligible for admission as a lawyer in Australia before you can pass the skills test.

 

For this to happen your partner would have to apply to the legal board of the relevant state in which you plan to live - he'd have to send all the details of the law courses he's studied, grades achieved and maybe even the course syllabus. Then that society will reply stating what courses/units will need to be undertaken for admission into that State.

 

Once you know what courses need to be completed you can then try and undertake them - I think you are given a year from the date of the assessment to get underway with them. I'm not sure how you go about studying the courses from England, but the Law College of London might be able to help as they also have a branch out here.

 

My husband went through this process with the WA law society, they wanted him to complete 6 additional courses and sit the PLT in Australia (he has a law degree and has completed the LPC in England but hadn't completed the training contract). This was going to cost upwards of $20k which we decided just wasn't worth it.

 

A way around this is to come to Australia on a 457 visa as a lawyer and then study to be admitted once you are in the Country. I know of one person doing this here in Perth, however she was a few years post qualification and specialises in construction law.

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Guest guest73691

Just to add, I think that if you did a non-law degree + GDL rather than a law degree, it is likely that you will be required to study a greater number of subjects. This has been the case for some friends of mine anyhow (in NSW).

 

The process is quite a frustrating one and can be expensive. Even getting the qualifications assessment was tricky in that they wanted to see a LOT of information which I didn't readily have to hand e.g. details of what was studied for some of the undergraduate units I took. I've also found it quite challenging working sometimes long hours at a law firm and trying to attend lectures/write assignments. I guess it is a means to an end, but it is quite painful as the subjects I have to study have zero relevance to the area of law I work in!

 

I know quite a few lawyers on 457 visas (including myself). If you went down this route, I'm pretty sure you would need post-qualification experience. It would also depend on the area of law, as I would imagine that the firms most likely to sponsor overseas lawyers will be the larger commercial firms. Also, as has been outlined on many threads on here, the 457 is not ideal for a lot of people depending on circumstances. For me it works fine, but I would feel much more comfortable having a more permanent visa.

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My partner is in the process of doing this and was told that he had to complete 4 units - as an international student this was going to amount to a little over $12,000 and would take a year to complete.

 

I could not stress enough how much I would suggest that you stay in the UK for a couple more years and ensure your husband gains some good post qualification experience. It will make obtaining a job over here a lot easier. My partner has done a training contract and then came over here but as he has no other experience he is finding it very hard to get a job. We wish now that we had of stayed in the UK and got some experience there before moving over - then he also wouldn't be competing with the THOUSANDS of graduates (just like the UK there are way too many graduates for available positions and you will find locals obtain work over foreigners with a bit of experience). Employees also seen to be very strict on wanting 'local experience', agency's here wont even look at your resume unless you have local experience (well the 4 or so agencies we have spoken to advise this).

 

My partner has had such a hard time with this and it breaks my heart to see him having studied for so long only to come over here (thinking he would have better opportunities) and find it harder than back home. Once our partner visa comes through (hopefully) we will most likely move back to the UK for a few years so he can get the necessary experience he needs to get a job here.

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Thanks all for your input - it's so helpful hearing about people's experiences as the research into this can be so convoluted (but worth it I hope!). Since my original post, I had read that my fiancé would need to be admitted to the bar in Australia before he could be skills tested. I have been told however that he could study the relevant units in the UK and then go to Australia on a tourist visa to take the exams (good excuse to go over again I think!). We just need to really consider which state would be our ideal location.

 

I've been advised about the 489 route however am reluctant as I think he'd really struggle to find suitable work in the areas that you're able to move to. The further we look into it, the more it makes sense for him to gain work experience post qualification in the UK as this would mean that if hopefully, his occupation is still on the SOL list in 3 1/2 years, he could get points from that (plus gives us time to get more financially secure).

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I know quite a few lawyers on 457 visas (including myself). If you went down this route, I'm pretty sure you would need post-qualification experience. It would also depend on the area of law, as I would imagine that the firms most likely to sponsor overseas lawyers will be the larger commercial firms. Also, as has been outlined on many threads on here, the 457 is not ideal for a lot of people depending on circumstances. For me it works fine, but I would feel much more comfortable having a more permanent visa.

 

Hi MsAKW- were the lawyers you know on the 457 sponsored by the company they were already working for (i.e they were able to move from the UK to Australia through work) or did they secure jobs by actually applying to them once already in Australia?

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My partner is in the process of doing this and was told that he had to complete 4 units - as an international student this was going to amount to a little over $12,000 and would take a year to complete.

 

I could not stress enough how much I would suggest that you stay in the UK for a couple more years and ensure your husband gains some good post qualification experience. It will make obtaining a job over here a lot easier. My partner has done a training contract and then came over here but as he has no other experience he is finding it very hard to get a job. We wish now that we had of stayed in the UK and got some experience there before moving over - then he also wouldn't be competing with the THOUSANDS of graduates (just like the UK there are way too many graduates for available positions and you will find locals obtain work over foreigners with a bit of experience). Employees also seen to be very strict on wanting 'local experience', agency's here wont even look at your resume unless you have local experience (well the 4 or so agencies we have spoken to advise this).

 

My partner has had such a hard time with this and it breaks my heart to see him having studied for so long only to come over here (thinking he would have better opportunities) and find it harder than back home. Once our partner visa comes through (hopefully) we will most likely move back to the UK for a few years so he can get the necessary experience he needs to get a job here.

 

Hi Engaus, so sorry to hear your partner's having such a hard time, it must be so frustrating especially as you've already made the move. I hope things take a turn for the better for you both. I do worry that if we tried to make the move sooner rather than later it would end up being far from life we want so think gaining experience over here is looking to be more sensible.

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Guest guest73691

Most of the foreign lawyers I know on 457 visas got jobs over here rather than transferring with a law firm. However, I am not sure how easy this is to do in general. It is definitely easier to try and get a job in person than from overseas. I was personally lucky in that my timing worked in my favour and a few jobs happened to be available. The legal market has slowed quite a bit since then. Also, with the recent mergers of several Aussie firms with international firms, I wonder if their focus maybe on bringing over lawyers who already work within their organisation.

 

If your other half is hoping to work for one of the larger firms over here, if they can get experience with a firm which is known over here ie. a large UK firm or an international firm, then it may help as the law firms here will be familiar with the calibre of the work/clients etc. A lot of the lawyers I know on 457s have worked at some of the top firms in London or New York, but this isn't the case with me!

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Most of the foreign lawyers I know on 457 visas got jobs over here rather than transferring with a law firm. However, I am not sure how easy this is to do in general. It is definitely easier to try and get a job in person than from overseas. I was personally lucky in that my timing worked in my favour and a few jobs happened to be available. The legal market has slowed quite a bit since then. Also, with the recent mergers of several Aussie firms with international firms, I wonder if their focus maybe on bringing over lawyers who already work within their organisation.

 

If your other half is hoping to work for one of the larger firms over here, if they can get experience with a firm which is known over here ie. a large UK firm or an international firm, then it may help as the law firms here will be familiar with the calibre of the work/clients etc. A lot of the lawyers I know on 457s have worked at some of the top firms in London or New York, but this isn't the case with me!

 

Many thanks for this MsAKW; other half is hoping to work for a larger firm as like you say, the calibre tends to be recognised more. Glad things have worked out well for you - Sydney's a great city

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I've had some really good advice from two agencies so will ponder our options - one thing I have wondered; if you are lucky enough to have a visa granted, what's the usual timespan before you need to make the actual move? Is it dependant on which type of visa is issued? From his points as they stand at the moment, it looks like it would have to be either 489 or 190

 

I really want to save up a lot more as would prefer to take over as much in savings as possible but am also concerned that other half's occupation may be taken off the SOL whilst we're saving. Also whether it's viable for him to get 3 years work experience post qualification for the 5 points (and a stronger CV) but again run the risk that his occupation will be removed (damn crystal ball's broken!)

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I've had some really good advice from two agencies so will ponder our options - one thing I have wondered; if you are lucky enough to have a visa granted, what's the usual timespan before you need to make the actual move? Is it dependant on which type of visa is issued? From his points as they stand at the moment, it looks like it would have to be either 489 or 190

 

I really want to save up a lot more as would prefer to take over as much in savings as possible but am also concerned that other half's occupation may be taken off the SOL whilst we're saving. Also whether it's viable for him to get 3 years work experience post qualification for the 5 points (and a stronger CV) but again run the risk that his occupation will be removed (damn crystal ball's broken!)

 

You get a year to enter from the date of your medicals or police checks whichever is the earliest.

 

Yes, crystal balls would be wonderful! My plan was to emigrate under Company Secretary, but 6 months before I qualified they removed it from the SOL. Was gutted. But where there's a will there's a way - came out on a WHV a couple of years later and got employer sponsored under the same occupation on a RSMS 857 (187 now I think).

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