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Phoenix

visa options for son who remained in UK

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7 years ago we moved to Aus on a skilled visa, at the time of application we got visas for my wife and three kids, one of whom was 20 and we were able to include him on the visa on the basis that he was at university,

 

At the time our son came to Aus with us to validate his visa but then returned to continue university, and about a year later left university and decided that he wanted to continue living in the UK.

 

Now (inevitably) he want to come and live with use is aus, and bring his girlfriend who he has been living with defacto for the past 3 years.

 

In terms of qualifications he has a OND in forensic science and NVQ 2 and 3 in kitchen management and has been working as a cook/kitchen manager for a motel in the UK.

 

So, the problem is, whats the best way to try and get him a visa, the visa he got on the basis of my skilled application has expired, and I can find no evidence that it can be renewed, and the remaining relative visas are apparently a bad joke and have a processing time of 50+ years!

 

it appears that a skilled visa may be his best option, but I'm not sure if his level of skills will be adequate and the skills of cook and chef are not included in the Queensland state skilled lists!

 

A working holiday visa may be his best initial option, this will give him a year, extendable to 2 years if he can demonstrate 3 months of regional work... maybe working high season on the sunshine or gold coast will meet this requirement, but i understand that there is a 6 month limit to working for any one employer, so that could be problematic!

 

Maybe the working holiday option will put him in good stead for a skilled visa, at least after this he should know for sure if its worth spending the gbp5000 it will cost to process visas for him and his girlfriend

 

....anyone got any better suggestions or advice?

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Cook is listed on the CSOL list.

 

https://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/CSOL

 

I'm not familiar with UK qualifications and what they would be equivalent to in Australia, so I couldn't say if he would be able to obtain a positive skills assessment or not as a cook.

 

Also I'm told that while on a WHV you can apply to have the 6 month work restriction removed if you have good reason (finds employer willing to sponsor for example)

Edited by Matt

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Have you explored the RRV, even if one were granted for 3 or 6 months it means he'd have a short window in which to get back to Aus and take up residence there. It may be if he can show close ties in terms of all his family live there etc they may grant one. Of course they may not. I'd consult with a reputable migration agent to see if he possibly could stand a chance of this. If he could it would be a one time deal and I doubt that avenue would be open to him again.

 

As for his partner, if she then wanted to come with him, she may well need to make use of the WHV and then look at a partner visa or some such later on. Unless she has skills that could help secure her a visa.

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He should definitely look into getting the resident return visa, with all his family there he would have a decent chance of success. It would probably be the one year RRV that is granted and he would need to move within that year.

 

Once he has that, he could look into sponsoring his partner for the parther visa, but she could go to Auartakia in a WHV in the meantime.

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He should definitely look into getting the resident return visa, with all his family there he would have a decent chance of success. It would probably be the one year RRV that is granted and he would need to move within that year.

 

Once he has that, he could look into sponsoring his partner for the parther visa, but she could go to Auartakia in a WHV in the meantime.

 

I did look at the residents return visa, but I think I read that you had to live in Australia of a minimum period of time over the last xx years. he has only lived in Australia for 1 week when he first validated his visa.... need to double check this one, but yes a RRV would definately be the easiest route all round....and then you have to sort out the girlfriend problem.....really wish kids would listen when you tell them they will regret staying in the UK

 

Yeah, I think cook is on the CSOL, but its not eligible for state sponsorship.

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I think because he can demonstrate strong ties with Australia (i.e you're all there), he may stand a chance anyway so it would be worth a try. Worst that can happen is that he gets knocked back, and then he can look at other options.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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I did look at the residents return visa, but I think I read that you had to live in Australia of a minimum period of time over the last xx years. he has only lived in Australia for 1 week when he first validated his visa.... need to double check this one, but yes a RRV would definately be the easiest route all round....and then you have to sort out the girlfriend problem.....really wish kids would listen when you tell them they will regret staying in the UK

 

Yeah, I think cook is on the CSOL, but its not eligible for state sponsorship.

 

Well you have read something not quite right there. There is no minimum amount of time requirement for a RRV. Of course it is easier to get a RRV whilst living in Australia and a five year RRV is possible after living in Australia for more than two years. But your son could apply and if he demonstrates ties, which would be you, then he may succeed. For a few hundred dollars ot is worth a shot.

 

I didn't mention cook or CSOL so not sure that comment was mwant for me. But if an occupation is on the CSOL then it's most definitely eligible for state sponsorship. Amd in the case of cook, several states are sponsoring.

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Well you have read something not quite right there. There is no minimum amount of time requirement for a RRV. Of course it is easier to get a RRV whilst living in Australia and a five year RRV is possible after living in Australia for more than two years. But your son could apply and if he demonstrates ties, which would be you, then he may succeed. For a few hundred dollars ot is worth a shot.

 

Nope what I read was correct, but I stopped reading after that and didn't read the second clause, which are people have correctly pointed out does state substantial personal ties.

 

My only concern is the bit that says

 

  • a former Australian permanent resident whose last permanent visa was not cancelled

 

 

The original permanent residence visa has lapse beyond its original 5 years, i trust that lapsed and cancelled are actually different.

 

This just leaves the defacto issue, if we can reestablish his permanent residence status with a subclass 155, whats the issues with bringing over a defacto? as far as I understand the best you can get out of a WHV is 2 years

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Nope what I read was correct, but I stopped reading after that and didn't read the second clause, which are people have correctly pointed out does state substantial personal ties.

 

My only concern is the bit that says

 

  • a former Australian permanent resident whose last permanent visa was not cancelled

 

 

The original permanent residence visa has lapse beyond its original 5 years, i trust that lapsed and cancelled are actually different.

 

This just leaves the defacto issue, if we can reestablish his permanent residence status with a subclass 155, whats the issues with bringing over a defacto? as far as I understand the best you can get out of a WHV is 2 years

 

If he gets his RRV and returns to Australia, then he's a permanent resident and he has the right to sponsor her as his de facto. They might have to reconcile themselves to being apart for a little while as he'll need to be in Australia, but she could come over on a WHV in the meantime.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Nope what I read was correct, but I stopped reading after that and didn't read the second clause, which are people have correctly pointed out does state substantial personal ties.

 

My only concern is the bit that says

 

  • a former Australian permanent resident whose last permanent visa was not cancelled

 

 

The original permanent residence visa has lapse beyond its original 5 years, i trust that lapsed and cancelled are actually different.

 

This just leaves the defacto issue, if we can reestablish his permanent residence status with a subclass 155, whats the issues with bringing over a defacto? as far as I understand the best you can get out of a WHV is 2 years

 

The original permanent visa has not lapsed and it almost certainly has not been cancelled. You would really know about it if it had been cancelled, it would take something like he committed murder for that to happen! (I exaggerate but only a bit).

 

Permanent visas do not lapse, they are permanent as the word suggests. What has lapsed is the right to pass through border control, but if somebody looked up your sons visa status he would undoubtedly show up as a permanent resident.

 

If he gets the RRV then yes he can sponsor for a partner visa if they qualify as a defacto couple. The reason we have mentioned the WHV is purely to give them time, the partner visa takes a very long time to process and as his RRV would only be one year at the most, they would probably want to move before the partner visa is granted.

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Permanent visas do not lapse, they are permanent as the word suggests. What has lapsed is the right to pass through border control, but if somebody looked up your sons visa status he would undoubtedly show up as a permanent resident.

 

That is a fairly critical piece of understanding, just looked at the Subclass 155 application and the first question is relationship status...so,if the defacto relationship is declared on the 155 application then would it prejudice the application?, of course if its not declared then it may be considered falsification and establishing the defacto after the application would require at least a year.

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That is a fairly critical piece of understanding, just looked at the Subclass 155 application and the first question is relationship status...so,if the defacto relationship is declared on the 155 application then would it prejudice the application?, of course if its not declared then it may be considered falsification and establishing the defacto after the application would require at least a year.

 

I cannot see any reason it should prejudice the application. But you are right in that it definitely needs to be devlared because if it isn't then it would be at odds with the partner visa they would want to subsequently lodge.

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