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Help with Visa Application please


naibsel

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Hi,

My partner and I have decided to emigrate from England to Melbourne, Victoria, Australia as we have friends there.

I work for a large insurance company as an account manager with FPC 1,2 and 3 qualifications and my partner is a nursery nurse with NVQ Level 2 in childcare.

My father is now an Australian resident and is willing to sponsor me/us. beerchug.gif

I want to do the visa myself as we are getting 'married' in a civil partnership in July next year so need to do this as cheaply as possible.

We are looking at starting the process now with a view to move after July next year as it's still not legal in Australia for same sex marriages.

 

I have 4 questions;

 

1) How do we start? I do not even know how to start the process to emigrate without using a broker who will cost lots of money

 

2) What type of visa do we go on? bearing in mind my partners career is wanted there but I think I would need to go on a family sponsorship visa as my company won't sponsor me or I'd need to get more qualifications.

 

3) Do we go on the same visa or 2 different ones?

 

4) What code is a nursery nurse on the skilled visa? We can't seem to find it although I've been told it is a sought after career, the qualification she has is NVQ level 2 in childcare

Sorry this is a long post but any help/advice with any of the above questions would be fantastic biggrin.gif especially just where to start, it seems like a minefield!!!

 

Thanks in advance

 

Naibsel x:notworthy:

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Guest Bag End Bunch

Hi

Can't really help with any of your questions - but just wanted to say 'hi' and welcome to the forum.

 

I'm sure that you'll get lots of sensible replies to your questions from the experienced folk on here.

 

Good luck with the whole thing

 

Alex

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Guest fabouliz

Hi Naibsel,

 

If your dad is an Australian resident, the simplest migration scheme for you is to go for the Family Migration Scheme. There will be no need for skill assessment etc, I don't think.

Check Other Family Visa Options - Family Members - Migrants - Visas & Immigration for more info.

 

If you follow this path, presumably your partner (including same sex partners) can come under this visa:

Partner Visa Options - Family Members - Migrants - Visas & Immigration

 

I don't really know if you can go under the same visa or not, but you can download the official booklet/form and see what's required. IMHO, you do not need a migration agent. Sure they bring some convenience, but they do cost a lot. The DIAC website is very informative, and if you have any other questions, you can also holler in this forum and I'm sure someone will have an answer for you.

 

As for the Nursing code, does this code suit the description of your partner's occupation?

Nurse - Registered Nurse 2323-11 - Australian Skills Recognition Information

 

If it does, then you folks are really lucky because this skill is under high priority and you will jump the queue!

 

Good luck!

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Guest Gollywobbler

Hello Naibsel

 

Welcome to Poms in Oz.

 

Please slow down a little, honey, and let us try to clarify some more of the facts with you and for you.

 

It would seem that neither you or your Partner are Australian Citizens?

 

I suspect that your father is not the only near relative that either of you has left in the world? However, please just have a quick look at the basic criteria for a Remaining Relative visa so that we can be sure about whether or not this possiblity should be ignored. The details are here:

 

Remaining Relative Visa (Offshore) (Subclass 115)

 

If the answers to my two queries above are both negative (as I suspect they will be) then it comes down to whether or not we can get a skilled visa for one of you with the other as the dependent spouse/partner.

 

Dealing with the skills question first:

 

Your father cannot help unless one of you can obtain a positive skills assessment which would support an application for a subclass 176 visa, which is a family-sponsored skilled visa. With the 176 visa the points pass mark is 100 rather than the 120 needed for a fully independent application, but neither possiblity is a goer unless a positive skills assessment can be secured.

 

Please have a look at this list and do some lateral thinking with it:

 

A-Z Occupations List - Australian Skills Recognition Information

 

Instead of thinking, "My job is ABC", please think, "Which of the jobs listed here might match what I do now without needing to try to use a hopelessly improbable shoe-horn?!"

 

Don't worry too much about whether or not you can prove the necessary level of qualification for the job. The qualifications are only needed if you want a visa that is reliant on the points test. An employer-sponsored visa is not points tested and can be obtained without a positive skills assessment, but the nominated job needs to be one which is on the ASRI list.

 

For the minute, let us focus on whether or not we could get one of you through a skills assessment, because only one of you needs the skilled visa. If we really can't get a skills assessment for one of you then we can consider employer-sponsoreship without a skills assessment instead.

 

my partner is a nursery nurse with NVQ Level 2 in childcare.

 

Would your Partner be able to fit the bill for a Child Care Co-ordinator, ignoring the qualifications which it says are required?

 

Child Care Coordinator 1295-11 - Australian Skills Recognition Information

 

If not, is there anything else on the list that she might fit, please?

 

Now let us have a go at the same exercise using your skills instead:

 

Could we realistically describe you as a Management Consultant or something along those lines? If not that then Sales & Marketing Manager maybe?

 

Child care co-ordinators are in very high demand in Oz at the moment, though I would imagine that some quite beefy qualifications would be required. If so, then:

 

 

  • How old are each of you now, please? and
  • How difficult would it be - and how long would it take - for your Partner to attain NVQ Level 3? **

The crux of the problem for you at the moment is something called Pathway D. This was one of 5 possible Uniform Assessment Criteria used by TRA (Trades Recognition Australia) in order to determine somebody's skills-set for migration purposes. Pathway D depended on having sufficient "on the job" experience only, meaning that formal, paper qualifications were unnecessary in some skilled trades. However TRA suddenly closed Pathway D in September 2007. They say they intend to produce a New, Improved Version of it, but the said new version seems to be taking a lot longer to come to fruition than TRA originally expected. Their last official industry-wide statement insisted that they intend to have the new version up and running on 1st July 2008 at the beginning of the 2008/9 Migration Program Year. However whether that will actually happen remains to be seen. TRA have e-mailed a couple of our Members recently and they are not saying anything about 1st July at the moment. So we continue to wait and see.....

 

** However, from what you have told us a Pathway B assessment could be a possibiity for your Partner instead. At the moment the Go Matilda website is down. Please give it a few hours, then go to Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia Once in the website, click on News at the top. You will find a series of articles by Alan Collett, the boss of Go Matilda. Around October 2007, Alan produced an article describing how Pathway B could be a goer for some applicants if they can get NVQ 2 or preferably NVQ 3 as far as I can recall.

 

Officially TRA are saying that they do not recognise NVQ qualifications but Alan seems to be saying that Go Matilda have had some success with persuading TRA otherwise!

 

Another possibility which seems to be emerging is that if nothing can be done with existing UK qualifications, it might be possible for some people (eg your Partner) to go to Oz for a couple of weeks in order to undergo a Workplace Assessment out there, leading to an AQF II qualification which ought to be accepted both by TRA and by DIAC. Alan has now made the necessary arrangements for locksmiths & floor finishers. Other skills will no doubt be added to the list.

 

As I say, a formal skills assessment for one of you is not necessarily going to be a deal-breaker one way or the other, but it is quite important to approach the whole question methodically, one step at a time.

 

I think this is enough for the moment. I don't want you to end up with sensory overload!

 

If you could please consider the points above and come back to me on them, we can move things onwards from there.

 

Best wishes

 

Gill

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Guest Gollywobbler
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Hi Gill,

Firstly I'd like to say thank you so much for taking time to read my post and for the fantastic information you have given me - please see below for my answers.

Regards

Naibsel

 

 

It would seem that neither you or your Partner are Australian Citizens?

 

No we both live in England.

 

I suspect that your father is not the only near relative that either of you has left in the world? However, please just have a quick look at the basic criteria for a Remaining Relative visa so that we can be sure about whether or not this possiblity should be ignored.

 

No - we both have mothers in England, I don't fit the criteria above

 

 

Would your Partner be able to fit the bill for a Child Care Co-ordinator, ignoring the qualifications which it says are required?

 

No as the criteria says; The entry requirement for this occupation is a bachelor degree or higher qualification or at least 5 years relevant experience.- She has only been in employment for 8 months since leaving college

 

 

If not, is there anything else on the list that she might fit, please?

 

I can't find anything at all as all of the others seem to be nursing and nothing to do with childcare - potentially Teacher - Pre-Primary School Teacher 2411-11 but she hasn't got a degree.

 

 

 

Could we realistically describe you as a Management Consultant or something along those lines? If not that then Sales & Marketing Manager maybe?

Neither of the above suit my role, however;

 

Financial Investment Adviser 3213-11 OR Stockbroking Dealer 3212-11- I was a financial adviser/stockbroker for 2.5 years and gained financial planning certificate 1,2 and 3 however I am no longer an adviser

 

Financial Dealers and Brokers not elsewhere classified 3212-79 - Could suit me

 

Insurance Broker 3212-19 - Sounds similar ish to my role

 

How old are each of you now, please? -

I am 29 (30 on June 18th) and my partner is 18

 

 

How difficult would it be - and how long would it take - for your Partner to attain NVQ Level 3? -

Quite difficult as it would take a year at college and we rely on her income.

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Guest Gollywobbler

HI Naisbel

 

Thanks for your speedy response.

 

At 18 your Partner is really quite young. Do you mean 18 or 28, please? How long have you been together? Are you aware that if we manage to find that one of you can get in on skills, whether via smployer-sponsorship or via a more independent route, you will still be required to demonstrate that your relationship is genuine, stable and ongoing?

 

We have a very kind-hearted member called Neil (user-name Catechstrophy.) He has recently obtained an Intederpendency visa for Oz because his Partner Roger is an Australian Citizen. They had an easy ride with proving their relationship because they have been together for 17 years.

 

If your Partner really is only 18, though, I think this bit of the jig-aw might be more difficlt for you. However, Neil has very kindly replied to me just now and has said that he will gladly read the thread and offer you whatever assistance he can, so I propose to leave that to him because Neil has recently had to produce all the types of evidence that DIAC require, so he knows much more about this side of it than I do.

 

Back to the skills-question for the moment.....

 

Financial Investment Adviser 3213-11 OR Stockbroking Dealer 3212-11- I was a financial adviser/stockbroker for 2.5 years and gained financial planning certificate 1,2 and 3 however I am no longer an adviser

 

Financial Dealers and Brokers not elsewhere classified 3212-79 - Could suit me

 

Insurance Broker 3212-19 - Sounds similar ish to my role

 

 

Hmmmm. You said that your current employers won't sponsor you for a visa. Is this because they would require you to obtain more qualifications before they would consider it or are they simply not prepared to do it, period? Or is it that they know what they are doing with Australian Visas and are of the view that DIAC would not approve the nomination if they tried to nominate and sponsor you? If this latter, have they said why? (I'm wondering whether they are concerned about lack of sufficient seriority and/or qualifications?)

 

If it is the case that they could sponsor you if they chose to, and they could expect to succeed, then sponsorship by an Australian Insurance House or one of the other categories you have mentioned might be the best way to go.

 

Please have a look at the links in the link below:

 

Job Search and Relocation Issues, Australia Migration Associates Ltd

 

The thing with sponsored visas though is that unless one is in very high demand, then you would need to be willing to settle in whichever place you are offered a job. Which need not be a life-sentence because eventually you would get permanent residence in Australia, and even if there are location-conditons on that to begin with, they fall away after a couple of years.

 

If employer-sponsorship can be obtained then you would need to be on a 457 visa to start with, which provides Temporary Residence only. Please see here:

 

Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)

 

A positive skills assessment is not essential with this visa but the catch is that it would not then be possible for you to upgrade to either of an ENS or RSMS visa unless you have been working on the 457 visa for a minimum of two years.

 

Where the skill is on the MODL, it is not too difficult to follow the 457 visa with an ENS visa. IN your own case I'm not sure because the skills are not MODL skills, but the hub of a major company is likely to be in the middle of one of the main cities, not in "regional" Australia. The more "regional" the place of work, the easier it is to convince DIAC in a situation like yours, I suspect.

 

That said, the whole of South Australia is "regional" including Adelaide, and Adelaide is only about 700 miles from Melbourne. Therefore your best bet would be to start with trying to identify potential employers around Adelaide, I would think, but try Melbourne as well and just see what you find.

 

In the end, you would be looking to upgrade to an ENS or RSMS visa, and you can see the details of each via this link:

 

Skilled Workers Permanent Visa Options- Employer Sponsored Workers - Workers - Visas & Immigration

 

Only the first two are of interest to you - ENS and RSMS respectively.

 

With either, you would have to be able to demonstrate not less than 2 years on the 457 visa in order to come within the eligibility requirements:

 

Employer Nomination Scheme (Subclass 121/856)

 

Regional Sponsored Migration Scheme (Subclass 119/857)

 

I think that the next step for you should be to get cracking and try to locate potential employers. You might well send your e-mail and CV to 1,000 companies without ever getting the courtesy of an acknowledgement, but it has been done by others before you and you do have relative youth on your side.

 

Best wishes

 

Gill

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  • 1 year later...
Guest SandyLindars

Hey, i know how you feel about finding employment......at present i'm a nursery nurse but have been a co-ordinator for a before/after school club and a deputy for a creche. From looking around the internet most jobs in childcare require a Level 3, and to be eligible for a visa through the skilled list process you have to of had experience in co-ordinator a setting. But if you have a sponsor to get out there, there are jobs to be had with a level 2. Yes its a minefield, im in the process of looking but unfortunately as i am 45 i have to have a sponsor to get a visa........totally mind blowing...... GOOD LUCK WITH YOUR VENTURE!!!!!!

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Guest SandyLindars

Hi there, not sure if you are still using this site but was waondering if you could give me any information. Im currently working as a Nursery Nurse, i have a Diploma Level 3 in Pre-School Practice which i completed in 1993 and i am at present doing this again to update the qualification. I have been a Deputy for a creche, nursery nurse for a playgroup and a childcare co-ordinator for a before/after school centre. I am 45 and would like to know which visa i could apply for, have you any info you could give me, it would be greatly appreciated.....Many thanks

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