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Skilled Migrant Visa 189 confusion


SheldonMeldrew

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Hello to anyone reading this,

I am an English, 38 year old man, in a bit of a muddle. I spoke to a registered migration agent over the phone last week about joining my Australian girlfriend who went back to NSW 3 months ago, to stay (one of her main reasons was her elderly father who was very ill) a partner visa seems unavailable because we have not lived together. We have been an item for 21 months. 

The agent said I should apply for a 189 because I have an NVQ2 in social care and have worked as a Support Worker on and off for nearly 4 years. He quoted me approximately $8790 for all the assessments and fees in total. 

I think if I applied without an agency I would save a lot of money so I told him I'll think it over. Then I learnt from the Australian Government Department of Immigration and Border Protection website that Family Support Workers are not on the skilled occupation list but on the CSOL instead. For which, as I'm sure most of you know, an approved company who cannot get enough local workers has to offer me a job. He never mentioned anything about needing a sponsor, and he said I only have 40 points and need to do an IELTS assessment to get 20 more?! I didn't think an IELTS assessment is worth that? I'm worried that my partner and I will just drift apart in the months to come and there isn't a visa I'm eligible for. 

If anyone can help I would be eternally grateful. Thank you for reading my ramblings!

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The agent you have spoken to sounds a little suspect.

I would speak to a good one such as Go Matilda.

I personally don't think your qualification will be sufficient and even if so, you may not have enough experience to pass the skills assessment. But, a good agent is going to be necessary.

If the skilled route isn't viable there may be a couple of other options. One is prospective marriage visa if you are both willing to get married, the other is if NSW allow relationships to be registered, which can get around the requirement to live together.

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If your occupation is Family Support Worker you would need a Diploma Qualification and at least one year of experience for a skills assessment. It is on the CSOL so you would need either State sponsorship for a subclass 190 visa or a job offer for a subclass 186 visa.

If your occupation is Social Worker, you would normally need a degree, although the relevant assessing authority will consider lower qualifications. This occupation is on the SOL so a subclass 189 is possible.

Although a careful assessment would be required, from what you have posted, a skilled visa may be difficult. A family visa supported by your partner may be more achievable with some planning.

 

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Yes I did thank you, now I need to see about registering our relationship and getting a visa to allow me to be in Oz with my girlfriend until the partner visa is processed. Apparently it takes 15-23 months. (Why don't these buggers employ more staff so they can do it faster?! It's not like they don't charge enough money!) 

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1 hour ago, SheldonMeldrew said:

Yes I did thank you, now I need to see about registering our relationship and getting a visa to allow me to be in Oz with my girlfriend until the partner visa is processed. Apparently it takes 15-23 months. (Why don't these buggers employ more staff so they can do it faster?! It's not like they don't charge enough money!) 

Its nothing to do with employing more staff. DIBP are only allowed to grant somany visas in each class each year. So they split the Spouse Visas into so many per month. Even having more staff would not change that. 

Many people have to wait over a year. In fact some of us wait all that time onlly to get a refusal 

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Sheldon , for that partner visa you need to have lived together for 12 months and have had  joint bank accounts , utility bills and lots of other evidence to prove you have lived together . You need stat decs from people saying you have lived together 12 months , pictures . You need to prove everything for previous 12 months . They like to see it all . 

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2 hours ago, steveshe said:

Sheldon , for that partner visa you need to have lived together for 12 months and have had  joint bank accounts , utility bills and lots of other evidence to prove you have lived together . You need stat decs from people saying you have lived together 12 months , pictures . You need to prove everything for previous 12 months . They like to see it all . 

Not necessarily

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8 hours ago, VERYSTORMY said:

Not necessarily

Well ive got my partner visa and thats what they asked for from me . And if you go on other other Pom pages thats what they are still asking for . You need 12 months of proof you have been together and joint bills and bank statements , letters , photo's and anything else . Even the immi agents are telling them this . 

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4 hours ago, steveshe said:

Well ive got my partner visa and thats what they asked for from me . And if you go on other other Pom pages thats what they are still asking for . You need 12 months of proof you have been together and joint bills and bank statements , letters , photo's and anything else . Even the immi agents are telling them this . 

Verystormy is correct, this is not the case for everyone.

Migration Regulations are complex and diverse and there are often multiple ways to qualify for the same visa. Just because it applied to your situation, does not mean that it will apply to everyone.

 

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