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Barry Denson

Lost job on a TSS Subclass 482 visa

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Hi All

I realise that the answer will probably be "You're screwed" but just in case anyone has any advice...

I entered Australia in Sept 18 on a TSS subclass 482 (medium-long term labour stream) visa, my skill is listed as "Software Developer".

I have lost my job, though no fault of my own, and I am struggling to find a new job because I require a new sponsor.

I have 60 days to find a new sponsor or I have to leave.  Realistically, it will become more desperate than that way sooner as I have no income and bills to pay.

I have a UK limited company. If I work for that company, whilst I am in Oz, am I breaking any rules?

If I leave after 60 days then immediately reenter on my existing Travel Visa, am I breaking any rules? (I know I can't work on a travel visa).

How complicated would it be to have my skill changed to something a bit more flexible?

Are there any other pearls of wisdom anyone can provide?

 

TIA

Barry

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No, you can't work for the UK limited company

Are you sure you still have a travel visa? If it was granted prior to the 482, then the 482 would have cancelled it. You could apply for a new one, but far from certain you will get one granted

You can generally apply for occupations that have the same three digit codes for the occupation code. However, I would seek advice on that. 

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I have checked my immi account and my evisitor visa still shows with a status of finalised.

 

When I mentioned my uk Ltd company I didn't mean for that co to sponsor me. I just meant find some business in the uk but work from oz.

 

 

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Posted (edited)
1 hour ago, Barry Denson said:

When I mentioned my uk Ltd company I didn't mean for that co to sponsor me. I just meant find some business in the uk but work from oz.

Let's face it, if you were working for a British company, came to Australia on holiday and did a bit of work while you were here, no one would say boo.  So whether it's strictly legal or not, I'd think you would be OK - especially if you have the fees paid into your UK account. 

The big issue is whether it's legal for you to stay in Australia.  Your 482 should have cancelled your evisitor visa, so I'm not sure you'd get away with claiming it's still valid, even if the immi account still shows it.  Perhaps you could hop over to New Zealand or Asia, then apply for a new tourist visa to re-enter?  

However I'm not sure how that would help you, since it's illegal to seek employment or sponsorship in Australia while on a tourist visa.

I think it would be worth a consultation with a migration agent.

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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It wouldn't help financially, but it would take me and my partner over the 1year threshold to apply for a defacto visa

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Posted (edited)
14 minutes ago, Barry Denson said:

It wouldn't help financially, but it would take me and my partner over the 1year threshold to apply for a defacto visa

If that's all you're worried about then stop worrying. You don't have to live together for every single day of your year to qualify.  

The rule is that you must have been together in a relationship "which is the equivalent of marriage"  for 12 months.  So just dating doesn't count, you need to have evidence to show the date it became permanent.   However even married couples have to be apart from time to time, perhaps to visit parents overseas, or for work.  So even if you had to leave Australia when your 482 expires, your relationship still exists and the clock continues to tick. 

If you've been apart for large chunks of the relationship it's a different story and you really need an agent to prepare your application.  But if you do have to go home for a few weeks, it shouldn't be a big deal, because you can demonstrate there was a good reason why you had to be apart.

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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Why not apply for defact now. If you are in a state that lets you register your relationship that does away with one year requirement. Best to consult registered agent

 

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Just now, partnership said:

Why not apply for defact now. If you are in a state that lets you register your relationship that does away with one year requirement. Best to consult registered agent

 

There's the rub... we are both still technically married to others so we can't register our relationship, but we are living together and sharing expenses etc as a married couple.

 

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Posted (edited)
20 minutes ago, Barry Denson said:

There's the rub... we are both still technically married to others so we can't register our relationship, but we are living together and sharing expenses etc as a married couple.

Ooh that's a tough one. My first husband and I were separated for several years before we got around to divorcing, even though we never had the slightest intention of getting back together.  So I do understand that it's perfectly possible to be fully committed to a new partner while still married to someone else. 

However it does make the whole partner visa situation more problematic as Immigration is looking for the slightest excuse to suspect the relationship might not be genuine. You will definitely need an agent to make sure you cover all bases!  I trust your respective divorce proceedings are well in train.

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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2 minutes ago, Marisawright said:

Ooh that's a tough one. My first husband and I were separated for several years before we got around to divorcing, even though we never had the slightest intention of getting back together.  So I do understand that it's perfectly possible to be fully committed to a new partner while still married to someone else. 

However it does make the whole partner visa situation more problematic as Immigration is looking for the slightest excuse to suspect the relationship might not be genuine. You will definitely need an agent to make sure you cover all bases!  I trust your respective divorce proceedings are well in train.

Yes divorces are well in progress, mine being a uk one is going to be sorted very soon. Oz partner is having to attend mediation as they have children together.

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3 hours ago, Barry Denson said:

I have checked my immi account and my evisitor visa still shows with a status of finalised.

 

When I mentioned my uk Ltd company I didn't mean for that co to sponsor me. I just meant find some business in the uk but work from oz.

 

 

That just means the original application was finalised.

You need to go onto VEVO and check on there. Only one visa can be in place at a time and it will either say that you are on a 482,OR you are on a turist visa You cannot be on both 

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