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Joe Fishwick

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Hi my name is joe, I'm currently on a 417 WHV. I have a questions, so any pointers will be highly appreciated.

1. Can I set up a business on a WHV?

2. Will multiple expression of interest, For different visas have any effect on the outcome?

3. Will getting a mechanics license count towards a trade recognition assessment for any visa that requires one?

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1. Yes you will be able to get a ABN number but from 1 July '16 WHV holders can no longer claim to be tax resident.

 

2. .? You lodge 1 EOI with the different visas you are interested in.

 

3. Are you a mechanic? Do you have a trade qualification or 5 years as and apprentice and 3 years post qualification work experience? This is required for a positive skills assessment to be eligible for skilled migration.

 

perhaps best first step would be to speak to a registered migration agent to see if you would be eligible.

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Hi there, what I meant with the EOI was, if there is a number of visas you are eligible for. Would sending 1 EOI for 1 visa, stop you sending another EOI for a different visa, because some are invitational visas, like state sponsored. I'm a qualified lvl 2 mechanic with a lvl 3 technical diploma, ( allows me to be a MOT tester in the UK, which is the equivalent to road worthiness testing in oz) I was doing an apprenticeship in the UK before I came to oz nearly 2 years ago. I am nearing the end of my 2nd WHV and would really like to live here forever.

 

Unfortunately I was 3 months away from completing my apprenticeship and becoming a fully qualified motor mechanic. I was laid off (company didn't have enough work) 2 weeks Before coming to oz which was originally going to be a 3 week holiday.

I've had offers of sponsorship for a 457 because of my skills, but they tur ed out to be empty promises.

Finally your point about migration agents. They just charge a lot of money to basically read the immigration website and find a visa you are eligible for, then when they finally find one, you got no money left to pay for the visa. (No offence to any migration agents out there)

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Hi there, what I meant with the EOI was, if there is a number of visas you are eligible for. Would sending 1 EOI for 1 visa, stop you sending another EOI for a different visa, because some are invitational visas, like state sponsored. I'm a qualified lvl 2 mechanic with a lvl 3 technical diploma, ( allows me to be a MOT tester in the UK, which is the equivalent to road worthiness testing in oz) I was doing an apprenticeship in the UK before I came to oz nearly 2 years ago. I am nearing the end of my 2nd WHV and would really like to live here forever.

 

Unfortunately I was 3 months away from completing my apprenticeship and becoming a fully qualified motor mechanic. I was laid off (company didn't have enough work) 2 weeks Before coming to oz which was originally going to be a 3 week holiday.

I've had offers of sponsorship for a 457 because of my skills, but they tur ed out to be empty promises.

Finally your point about migration agents. They just charge a lot of money to basically read the immigration website and find a visa you are eligible for, then when they finally find one, you got no money left to pay for the visa. (No offence to any migration agents out there)

 

I think you know very little about migration agents or the process.

 

There are literally thousands of amendments to the migrations acts passed each year. The immi web site has the information from maybe 10. On this forum, we see countless cases of people who have failed to get a visa due to an error that was not straight forward for them to even know there was an error to be made.

 

Your case is far from straight forward due to your work experience.

 

However, a basic look as an amateur would indicate you are unlikely to be eligible for a visa. The reason being 1. You did not complete your apprenticeship. 2. In order to gain a permanent visa, you would need to pass a skills assessment. This requires you to have first your qualification assessed - which you don't have and then your post qualification experience. Most occupations (99%) require a number of years of full time work in the occupation that is post qualification. In your case, years after completing your apprenticeship.

 

However, a good agent such as those that regularly post on here helping people would be able to give you a free assessment and offer a strategy.

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your right i know very little about migration agents or the process as a whole.

if the immi website does not have all the info on the amendments? what does?

i have 4 years experience in the garage (1 year prior to starting the apprenticeship) but nothing after as i have been here ever since. i also have references from previous employers in oz

i do have family over here, but the family visa is not practical, as its a rather large family and will cost alot. any pointer or tips anyone can give me will be highly appreciated.

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Hi there, what I meant with the EOI was, if there is a number of visas you are eligible for. Would sending 1 EOI for 1 visa, stop you sending another EOI for a different visa, because some are invitational visas, like state sponsored. I'm a qualified lvl 2 mechanic with a lvl 3 technical diploma, ( allows me to be a MOT tester in the UK, which is the equivalent to road worthiness testing in oz) I was doing an apprenticeship in the UK before I came to oz nearly 2 years ago. I am nearing the end of my 2nd WHV and would really like to live here forever.

 

Unfortunately I was 3 months away from completing my apprenticeship and becoming a fully qualified motor mechanic. I was laid off (company didn't have enough work) 2 weeks Before coming to oz which was originally going to be a 3 week holiday.

I've had offers of sponsorship for a 457 because of my skills, but they tur ed out to be empty promises.

Finally your point about migration agents. They just charge a lot of money to basically read the immigration website and find a visa you are eligible for, then when they finally find one, you got no money left to pay for the visa. (No offence to any migration agents out there)

 

 

No doubt they looked into sponsorship and realised they couldn't fulfill the requirements of sponsorship with someone who isn't actually qualified. There would be lots of unqualified Australians they could employ.

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i am qualified. i have several diplomas, awards and certificates saying so. level 1 and level 2 diplomas and a level 3 technical diploma. amongst others related the the field of work. the people i work for now are incompetent and i dont trust them as far as i can throw them. that is why i went to get a visa in my own right and not rely on an employ for visa requirements. my qualifications i have so far are recognized here in oz. i turned down a job offer to work in a highly reputable garage to be a mechanic at the place im at now, maintaining the company vehicles. because they offered sponsorship. but that turned out to be an empty promise as the company has been liquidated and they moved all the employer to another company they own. very dodgy if you ask me but what do i know.

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Finally your point about migration agents. They just charge a lot of money to basically read the immigration website and find a visa you are eligible for, then when they finally find one, you got no money left to pay for the visa. (No offence to any migration agents out there)

 

I have just read the Immigration Website to find a visa you are eligible for and.....Just kidding.

 

 

Hi my name is joe, I'm currently on a 417 WHV. I have a questions, so any pointers will be highly appreciated.

1. Can I set up a business on a WHV?

2. Will multiple expression of interest, For different visas have any effect on the outcome?

3. Will getting a mechanics license count towards a trade recognition assessment for any visa that requires one?

 

1) Yes you can, but if you are nearing the end of your working holiday visa there is probably no point;

2) This can be counter productive. For example, most States will not support state sponsorship if your EOI nominates multiple states. Lodging an EOI for a 457 or 186 is pretty pointless;

3) Possibly.

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The immi web site is fine for many people who have no issues - though at a lot of people that have issues don't realise it at the time. The thing that has the info are the agents - that is why they are regulated. It is like any aspect of law and procedure, there is no one book or website. I originally trained as a lawyer, and it would have been wonderful if there was one resource that had all the information on laws, but it doesn't exist and would be impossible. So, people use experts whose job it is to have that information or know how to find it.

 

In my opinion, at the moment, I think that your chances are slim visa wise.

 

Skills assessments and immigration are very picky on things being exact as required.

 

One of the first requirements for all applicants is a skills assessment by a body designated to carry it out for each occupation.

 

For trade occupations, they will want two things. First, your qualification for your trade. They don't accept that you only missed it by a couple of weeks. That is irrelevant to them. You either have it or not. In some cases, trades people can overcome it if they have worked in the occupation for a long number of years without ever haven done an apprenticeship. However, that would not apply to you.

 

The second part of the assessment is then proving experience. I "think" for your occupation it is 3 years. But that three years MUST be after completion of the apprenticeship. Which you do not have.

 

As a result, at the moment, I do not think you can pass the skills assessment. So therefore can not even apply.

 

However, it does not mean it is totally dead in the water. There are other options such as business visas. But these are both incredibly expensive and very complex and would certainly require an agent as they are far from what us well meaning amateurs can help with.

 

As a result, I again urge you to call an agent. Go Matilda have an excellent reputation and the managing director often posts on here and they will do an assessment for free.

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its just abit daunting the number of visas out there and picking the right one is pretty hard.

the point of setting up a buisness is for the buisness and innovation visa if i understand correctly (which i probably dont)

 

These are the requirements for a business innovation

 

[h=4]Business Innovation stream[/h]Your obligations

 

You must:

 

 

  • be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory.

  • score at least 65 on the points test. Please see the Points test tab on this webpage for further information.

  • for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD500 000 turnover in each of those years

  • own at least one of the following percentage of your nominated main business:

    • 51 per cent, if the business has a turnover of less than AUD400 000 per year

    • 30 per cent, if the business has a turnover of AUD400 000 or more per year

    • 10 per cent, if the business is a publicly listed company

     

     

    [*]have an overall successful business career

    [*]have a genuine desire to continuously own and maintain a management role in a business in Australia.

     

 

If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.

At the time of invitation, you, your partner, or you and your partner combined must have total net business and personal assets of at least AUD800 000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.

You and your partner must have had no involvement in unacceptable business or investment activities.

[h=4]Investor stream[/h]You must:

 

 

  • be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit to the nominating state or territory

  • score at least 65 on the points test. Please see the Points test tab on this webpage for further information.

  • have a high level of management skill in relation to the eligible investment or qualifying business activity

  • have at least three years' experience of direct involvement in managing one or more qualifying businesses or eligible investments

  • have an overall successful record of eligible investment or qualifying business activity

  • have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured

  • have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment.

 

You, your partner, or you and your partner combined must:

 

 

  • for at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:

    • a qualifying business in which you, your partner or you and your partner combined had at least 10 per cent ownership interest, or

    • eligible investments owned by you, your partner or you and your partner combined of at least AUD1.5million.

     

     

 

 

 

  • during the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD2.25 million that are available for legal transfer to Australia within two years of the visa being granted

  • make a designated investment of at least AUD1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying businesses or eligible investments and be prepared to hold that investment for at least four years from date of issue in your nominating state or territory

  • have had no involvement in unacceptable activities.

 

Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.

[h=4]Significant Investor stream[/h]Please note that the rules that were in force at the time that you applied for your Significant Investor visa will continue to apply for the duration of your provisional visa, including any Extension stream visas you apply for that relate to that provisional visa.

You must have a genuine and realistic commitment to:

 

 

  • reside in the state or territory whose government agency nominated you,

  • continue your business and investment activity in Australia after the conclusion of your provisional visa,

  • live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, or your spouse to live for at least 180 days per year (calculated cumulatively) for the duration of your provisional visa.

 

You, your partner, or you and your partner combined must have net assets of at least AUD5 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.

You and your partner must not have been involved in unacceptable business or investment activities.

You, your partner and other family members aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.​​

Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.

You must also make a complying investment or a complying significant investment of at least AUD5 million over four years.

Complying Significant Investments for applications made after 1 July 2015

If you applied for a Significant Investor visa prior to 1 July 2015, see the rules below, which will continue to apply to you.

You must make a complying significant investment of at least AUD5 million over four years in the following proportions:

 

 

 

  • At least AUD500 000 in venture capital and growth private equity funds which invest in start-ups and small private companies.

  • At least AUD1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange.

  • A ‘balancing investment’ of at least AUD3 million in managed funds that may invest in a range of assets, including ASX-listed companies, Australian corporate bonds or notes, annuities and commercial real estate.

 

Direct investment in residential real estate will continue to be prohibited and indirect investment in residential property through managed funds will now be strictly limited.

Investments must not be used as security or collateral for a loan.

More detailed information about complying significant investments is available at Austrade.

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A family visa in your case is pointless as for Australian Immigration it doesn't matter if and how many family members you've got here as they changed their policy more than 25 years ago in favour for skilled migration (skilled professionals with a occupation in high demand for Australia) and cut down any family visa drastically.

 

There is one recent thread here where all family sponsored visas were deleted over night by DIBP after 7 years in the pipeline.

 

My advise is go back to the UK ,finish off your apprenticeship asap and gain 3-4 years work experience. Monitor the immigov website to stay tuned and it would be much easier for you to fulfil your dream of living here for ever.

 

Your recognized diplomas may be useless anyway, as your way has to go either through 457 (which you mentioned wasn't successful) or PR and for PR you need a job on the SOL or state sponsorship with a job on the CSOL.

Edited by silencio
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its just abit daunting the number of visas out there and picking the right one is pretty hard.

the point of setting up a buisness is for the buisness and innovation visa if i understand correctly (which i probably dont)

 

There really are not that many visas out there. There are skilled migration visas, 189, 190 and 489 and qualification for these is almost identical, it is just the sponsorship that differs. Then there are three employer sponsored visas, one temporary and two permanent.

 

Business visas are almost certainly out of the question as these require a substantial track record of running a business. They are not for people setting up a business that do not have this substantial track record. Employer sponsored visas are not an option as you do not have an employer and so you are back to the three skilled migration visas which are all very similar in terms of qualification.

 

One of the first steps for any of the skilled migrant visas is skills assessment. It is very unclear as to whether you would qualify and therefore the migration agent will be able to help you assess this or advise if the incomplete apprenticeship is a showstopper.

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