tracybayliss Posted January 21, 2019 Share Posted January 21, 2019 Hi where do I begin. Firstly I'm writing on behalf of my daughter as a family we have been her nearly five years and have pr visa's no issues and can apply for our citizenship without any problems. I guess I'm in a situation where I'm seeing my daughter going through what might be a heartbreaking process of loosing her boyfriend though having to go back to the uk as his visa is due to expire end of April. he has been her on a working visa for almost two years and came to Brisbane approximately 10 months ago when they first met he is a qualified plumber but works as a mechanical fitter with a company her in Brisbane. Their relationship has flourished and and they have grown very close to one another despite us as parents feeling so worried this could end in tears knowing the visa situation. We are so concerned for our daughter as 5 years ago we came out with her ex boyfriend who soon went back home as he could not settle here and a long distance relationship pursued and she so deserved so much more, she herself hated OZ planned to go back to the UK to be with her ex but as the years went by and friendships formed she began to fall in love with Brisbane and the lifestyle and although still very much cared for her ex felt it was unfair to hold on to him knowing she didn't want to go back and he didn't want to be here. So now she's met anothe English guy who is the perfect gentleman. I'm heartbroken for her. The situation is he has been offered sponsorship by his company, which obviously you think great. Then you try reading through all the info and I can not work out if his current job is on the skills occupation list or not if there another route he could go down. He is a good worker, they want to have a relationship together and not jump into living together to have to prove their relationship like we did when we were young. I'm going round in circles and just feel for both of them, these guys generally want to be together and he generally does not want to go back home for at least a few years. ive seen under some skilled occupations Fitter (general) so wondered if this could apply to him rather than him having to be called a mechanical fitter. Some info state he has to have. Years experience in that role some say 3 years how strict are these rules. Surely if his company want him then does that not count. Any advice would be greatful. He has an agent but I don't think he is being that helpful. thanks Tracy Quote Link to comment Share on other sites More sharing options...
ali Posted January 21, 2019 Share Posted January 21, 2019 Hi Tracy, Perhaps your daughters boyfriend would be best to have a chat to a registered migration agent regarding his skills and any possible visa pathway. The requirements for visa's seems to be changing with such regularity that I think in this situation expert help would be best. My questions would be if he could pass a skills assessment at a plumber If that is his qualified trade and if it's on the list. Has the company sponsored before (reading the threads on PIO it's not just a matter of a company saying I'll sponsor you - they too have many hoops to jump through). I have to admit, that this was one of my worst scenario's for my two - that' they'd meet someone on a WHV and be faced with this dilemma. Quote Link to comment Share on other sites More sharing options...
tracybayliss Posted January 21, 2019 Author Share Posted January 21, 2019 He has seen an agent but not a great deal of help. Im a midwife so i often see a similar situations ive seen couples go over to uk and nz live together for a year then come back but my daughter as spent four years mosty crying working so dam hard at uni to become a teacher as one more term left to go and it makes my blood boil to think that genuine people go to such extremes to want to stay together. Weve paid all her fees up front not been dependant on the government for anything and the only way i can think they can do it is to move away. Im fairly sure to have his plumber skills assessed on a pr visa would take far too long and think hes more qualified in the heating installation side which is not really something needed over here. At the moment he actually supervises other workers. Just happy for any help or if anyone been in similar position. Quote Link to comment Share on other sites More sharing options...
Skani Posted January 21, 2019 Share Posted January 21, 2019 23 minutes ago, tracybayliss said: He has seen an agent but not a great deal of help. What steps did the agent advise him to take? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 22, 2019 Share Posted January 22, 2019 3 hours ago, tracybayliss said: He has seen an agent but not a great deal of help. When you say the agent was no help, what do you mean exactly? If the agent said he’s not eligible to be sponsored, or not eligible for a skilled visa yet, then that is the truth. Let’s face it, agents are the experts and if they can’t see a way, there isn’t one. I know that’s not what you want to hear but the only thing I can suggest is, if you don’t like that agent’s advice, by all means get a second opinion from one of the highly experienced agents on these forums. If they say the same thing, at least you know where you stand. Quote Link to comment Share on other sites More sharing options...
tracybayliss Posted January 22, 2019 Author Share Posted January 22, 2019 Its not a case of were not liking what hes been told. But his qualifications are as a plumber and work experience and job offer as a mechanical fitter and please dont get me wrong. When we applied for our visa 10 or so years ago we wete told get an agent we wont get a visa my husband had skin cancer at the time and my son was over 18 with a muscle wasting disease all that expense and i flew in no issue at all i did it all only thing agent did was checked the form so was completely thrown by ill advice. So really appreciate if someone has been through the process cus at the end of the day its not the agent making the decision. Quote Link to comment Share on other sites More sharing options...
ali Posted January 22, 2019 Share Posted January 22, 2019 Do the company who are offering sponsorship have an immigration lawyer they deal with who can offer your daughters boyfriend and the company some advice. If they've sponsored before then they should know if the position is on the skilled lists. The possibility of course is that the sponsorship, could only be a short term one also . It may be worth him doing the skills assessment for his profession (I realise he may have to return to the UK in the meantime), but this avenue could offer more permancy for him and them as a couple in the long run. Quote Link to comment Share on other sites More sharing options...
tracybayliss Posted January 22, 2019 Author Share Posted January 22, 2019 (edited) i dont think he minds if its short term as i understand it then he could always apply for defacto visa/partner after that. I m just being a real parent and my daughter is living with us as shes a uni student working part time which is still hard when studying weve been through every step of the way with her, i see midwifery students working additional jobs no way in the uk would this be possible. so how the government can expect on one hand proof of a relationship is to see joint bank accounts, tennacies, rent is a joke then in are day our parents would not let us live together lol. we dont want her to get in debt before she leaves uni, is it not possible to have a relationship without all of this lol. anyway then the suggestion just get married. im trying to read as much as possible but i also dont want him to pay some agent 100 dollars an hour to lead him down the wrong path. i know the company have sponsered in the past not sure re immigration lawyer. Edited January 22, 2019 by tracybayliss spelling Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 22, 2019 Share Posted January 22, 2019 (edited) 3 hours ago, tracybayliss said: i dont think he minds if its short term as i understand it then he could always apply for defacto visa/partner after that. ... i know the company have sponsered in the past not sure re immigration lawyer. It seems to me his best bet is for him to accept their offer of sponsorship, and see what happens. If they are genuine, they will start the process. If they're not, then he'll soon find out. The onus is on the company to kick off the visa, because they have far more work to do than he has. It's very rare for a company not to employ an agent (unless they're so big they have in-house staff), because the process is pretty complicated. It's illegal for the employee to pay for it. The reality is that it all takes time, so it may be unrealistic to expect that he'll be able to get it all done without going home for a short period. However let's face it, if the relationship is so tenuous it can't survive a few months apart, it's better for your daughter to find that out now. Edited January 22, 2019 by Marisawright 2 Quote Link to comment Share on other sites More sharing options...
ramot Posted January 22, 2019 Share Posted January 22, 2019 10 hours ago, tracybayliss said: Hi where do I begin. Firstly I'm writing on behalf of my daughter as a family we have been her nearly five years and have pr visa's no issues and can apply for our citizenship without any problems. I guess I'm in a situation where I'm seeing my daughter going through what might be a heartbreaking process of loosing her boyfriend though having to go back to the uk as his visa is due to expire end of April. he has been her on a working visa for almost two years and came to Brisbane approximately 10 months ago when they first met he is a qualified plumber but works as a mechanical fitter with a company her in Brisbane. Their relationship has flourished and and they have grown very close to one another despite us as parents feeling so worried this could end in tears knowing the visa situation. We are so concerned for our daughter as 5 years ago we came out with her ex boyfriend who soon went back home as he could not settle here and a long distance relationship pursued and she so deserved so much more, she herself hated OZ planned to go back to the UK to be with her ex but as the years went by and friendships formed she began to fall in love with Brisbane and the lifestyle and although still very much cared for her ex felt it was unfair to hold on to him knowing she didn't want to go back and he didn't want to be here. So now she's met anothe English guy who is the perfect gentleman. I'm heartbroken for her. The situation is he has been offered sponsorship by his company, which obviously you think great. Then you try reading through all the info and I can not work out if his current job is on the skills occupation list or not if there another route he could go down. He is a good worker, they want to have a relationship together and not jump into living together to have to prove their relationship like we did when we were young. I'm going round in circles and just feel for both of them, these guys generally want to be together and he generally does not want to go back home for at least a few years. ive seen under some skilled occupations Fitter (general) so wondered if this could apply to him rather than him having to be called a mechanical fitter. Some info state he has to have. Years experience in that role some say 3 years how strict are these rules. Surely if his company want him then does that not count. Any advice would be greatful. He has an agent but I don't think he is being that helpful. thanks Tracy As a mother who has had a son take 6 years to get his Australian visa and a daughter who went on the partner visa from a WHV, I do understand your concerns. After our daughter met and dated her partner they then lived together for 6 months before registering their relationship with NSW’s government, then 3 months after that lodged the partner visa, which took a further 3 years for PR. There have to be strict rules for every visa, which we all have to accept, whether we like it or not. So He needs professional advice as to whether or not he can be sponsored, could he qualify for a permanent visa? I see you say he has an MA, what exactly was their advice? You can perhaps get a 2nd opinion, there are several agents who post on here, who all have good reputations, if he can get sponsored then time is on their side, but if he can’t stay here then that has to be faced. If they aren’t in a proper de facto relationship then their options are limited. As parents we have to acknowledge that times have changed, and that many people live together as a couple rather than get married, and that while we will always be there for them, we can’t live their lives for them. Trust me I know how it feels. Keep in touch and let us know how things work out. All the best. 3 Quote Link to comment Share on other sites More sharing options...
Quoll Posted January 22, 2019 Share Posted January 22, 2019 If all else fails she could stay to finish her teaching qualification, he could go home when his visa ceases then she can go and join him, shouldn't have to much trouble with finding a teaching job from what I hear. They can do the cohabitation thing then they can come back with him on a partner visa. The issuing of visas is a bureaucratic process and, fortunately, not a victim of emotional blackmail no matter how "just" one thinks ones case is. On the plus side, your daughter doesn't need a visa to work in UK! Long distance relationships most certainly can work (wearing the t shirt on that one!) so if it's meant to be they'll find a way. 1 Quote Link to comment Share on other sites More sharing options...
ramot Posted January 22, 2019 Share Posted January 22, 2019 24 minutes ago, Quoll said: If all else fails she could stay to finish her teaching qualification, he could go home when his visa ceases then she can go and join him, shouldn't have to much trouble with finding a teaching job from what I hear. They can do the cohabitation thing then they can come back with him on a partner visa. The issuing of visas is a bureaucratic process and, fortunately, not a victim of emotional blackmail no matter how "just" one thinks ones case is. On the plus side, your daughter doesn't need a visa to work in UK! Long distance relationships most certainly can work (wearing the t shirt on that one!) so if it's meant to be they'll find a way. I echo Quoll that long distance relationships can work. Ours did and has stood the test of time 48 years married!!! 1 Quote Link to comment Share on other sites More sharing options...
ali Posted January 22, 2019 Share Posted January 22, 2019 5 hours ago, tracybayliss said: i dont think he minds if its short term as i understand it then he could always apply for defacto visa/partner after that. I m just being a real parent and my daughter is living with us as shes a uni student working part time which is still hard when studying weve been through every step of the way with her, i see midwifery students working additional jobs no way in the uk would this be possible. so how the government can expect on one hand proof of a relationship is to see joint bank accounts, tennacies, rent is a joke then in are day our parents would not let us live together lol. we dont want her to get in debt before she leaves uni, is it not possible to have a relationship without all of this lol. anyway then the suggestion just get married. im trying to read as much as possible but i also dont want him to pay some agent 100 dollars an hour to lead him down the wrong path. i know the company have sponsered in the past not sure re immigration lawyer. I know where you're coming from regarding the parent bit - we've supported our daughter through her 5 years of Uni (she graduated as a teacher last year). It is of course possible to have a relationship but a 'defacto' relationship is a kin to a marriage. We seem to have some similarities in that my daughter has been seeing her boyfriend 11 months, it's certainly exclusive, but they don't see themselves as a 'defacto' couple as they're not living together Do get him to check with the company - if they've got someone handling their end of things they should be able to offer him advice - they should be able to tell him if he is qualified for the position that they want to sponsor him for and if the position is eligible for sponsorship. 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted January 22, 2019 Share Posted January 22, 2019 Step 1) The position being offered needs to be assessed to determine whether it meets the requirements for a sponsored role and which occupation it falls under. Step 2) Determine whether he has the qualifications and/or experience to meet the skills requirement for the nominated occupation. If both 1 and 2 cannot be satisfied, then TSS sponsorship is not an option and other visa pathways need to be explored. Quote Link to comment Share on other sites More sharing options...
tracybayliss Posted January 22, 2019 Author Share Posted January 22, 2019 Hi thank you for your reply very much appreciated. This is where im finding conflicting advice. The and/or qualifications/experience. So some information i have research quote you need the qualifications AND the experience. Whereas how I have read it is the same as your advising and/or. So basically he could have a recognised qualifcation in a trade but if he has several years experience in the job his company have empmoyed him for and wish to sponsor him for thats classed as a good thing. Sorry but i dont want him to withdraw his application knowing he has a good chance or sending them off to another country when my daughters career is also affected too. Thank you Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted January 22, 2019 Share Posted January 22, 2019 The information is likely conflicting as the requirements will depend on a number of factors, which need to be assessed against his specific case. There is no one definitive answer for all scenarios. He would be well advised to seek a professional assessment. Quote Link to comment Share on other sites More sharing options...
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