WHV to 187 RSMS Visa with Partner

[Jamie Houghton]

Hi all,

Hope you are all well? 

I'm looking for a little bit of support if possible and would love some input so I can have an educated conversation with my current employer. 

I'm currently on a WHV from the UK and have been here for 8 weeks. I've been working for my employer for 6 weeks. 

I've made my aspirations clear to them, in that, I'd love to make my time here in Australia last and would be willing to do what was necessary to obtain a better form of Visa so I wasn't as restricted. 

Last week, my HR Director and my Boss came to meet me and have offered me an opportunity to move to Regional Australia and they'd sponsor me under the 187 RSMS Visa and they've provided me with information to which I must support them with. 

All of this is absolutely fine, however, I have some questions that I do need some support with before going to see a lawyer. 

 

1) i'm in a 'De Facto' relationship with my partner who is in Australia with me. He has a job now, but is willing to relocate with me to fulfill our aspirations of extending our stay, permenantly. What are my options with this? Can I tag him onto my 187 Visa application? And would he aquire a Bridging Visa with no working right compromises? (Currently also on a WHV 417)

 

2) With me being within my first 6 months of employment on my WHV and it being the same employer that would like to sponsor me, would I face any difficulties here also? Would the Department of Home Affairs require me to change employer still within 6 months or would this be overturned and unlimited work rights be granted? 

 

3) Finally, the conditions of the Visa are that I must employed by my employer in regional Australia for 2 years from the date that the Visa is granted. I understand that it is currently a 21-23 month process time. So would this mean I am to work in regional Australia for the application process time, plus another 2 years? 

 

It doesn't matter to me, but I am keen to progress with my company and worry that the 187 visa would restrict me by ways of having to fulfill the same role for at least 4 years in regional Australia. 

 

I realise I do need to get a Lawyer for this process to be completed so that both I and my employer are compliant in all aspects, but I would really appreciate any experience/recommended routes to follow to make this as easy and smooth as possible. 

 

 

Any info would be truly appreciated. 

Jamie. 

[VERYSTORMY]

1. As long as you meet the definition of de facto - can prove you have lived together for 12 months, then yes. He would also get a bridging visa once his whv expires. Note, bridging visas do not start until the current visa has ran its course and ended. 

2. No, you would be able to continue, but this will need assistance from your agent

3. Not sure

4. It isn't a lawyer you need, but a registered migration agent. There are a number of excellent ones on the forum.

5. Do research what living in a regional area is like. It isn't like living in a rural area of the U.K. 

6. You will need a skills assessment, so should look up that you can pass it. 

[paulhand]

47 minutes ago, VERYSTORMY said:

1. As long as you meet the definition of de facto - can prove you have lived together for 12 months, then yes. He would also get a bridging visa once his whv expires. Note, bridging visas do not start until the current visa has ran its course and ended. 

2. No, you would be able to continue, but this will need assistance from your agent

3. Not sure

4. It isn't a lawyer you need, but a registered migration agent. There are a number of excellent ones on the forum.

5. Do research what living in a regional area is like. It isn't like living in a rural area of the U.K. 

6. You will need a skills assessment, so should look up that you can pass it. 

6. Not all occupations require a skills assessment for a 187, generally it is only trade occupations. The list of occupations needing a skills assessment is linked on the Home Affairs website. If the occupation is not on that list, the applicant needs to have the qualifications listed in ANZSCO for the role.

Either way, you will need 3 years of relevant experience and an occupation on the ROL List. 

Note that the (current) government has announced the phasing out of the 187 visa in November, to replace it with a new provisional employer sponsored regional visa.

[Jamie Houghton]

Thanks to both for replying! We paid for a Migration Agent as suggested and got the answers we needed. It seems a fairly solid process.

 

Thanks to both again!