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Guest kayej

CP Visa plus Daughter

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Guest kayej

Hi

 

Wondered if anyone can help? My Daughter lives in Perth since 2008 on PR visa. My Husband and I are contemplating migrating on CP visas in the near future - my other remaining Daughter also wants to migrate too - she is 25. Can she be included on our application or does she have to apply separately on a family visa?:unsure:

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Guest Gollywobbler
Hi

 

Wondered if anyone can help? My Daughter lives in Perth since 2008 on PR visa. My Husband and I are contemplating migrating on CP visas in the near future - my other remaining Daughter also wants to migrate too - she is 25. Can she be included on our application or does she have to apply separately on a family visa?:unsure:

 

Hello Kaye

 

Welcome to Poms in Oz.

 

My mother has a CPV 143 visa. She and my sister both live in Perth. I am in the UK.

 

Your second daughter cannot be included on your CPV application unless she is disabled in some way and is therefore unable to be self supporting financially and in terms of living independently. I assume that your 25 year old is perfectly healthy and has a job?

 

Please don't be too hasty with your CPV application. Your daughter in Oz will have to sponsor your application and she cannot do that until her own lifestyle in Oz has become fully settled & secure. When did she move to Perth, exactly? Which month in 2008 and in what circs? Is she on a skilled visa?

 

Your CPV application will take about 2 years to process. Your 25 year old is NOT a Remaining Relative at present because she has Parents who are resident outside of Australia. She might become a Remaining Relative after you have your CPV 143 visas (but it must be the 143 - the Permanent Residency visa) and you must be resident in Oz by the time your remaining daughter could apply for a Remaining Relly visa.

 

The big catch with this notion is that your daughter is 25 now. She will be 27-29 ish by the time you have obtained your CPVs and have become resident in Oz. During the intervening period, your daughter might acquire a serious Partner. If her OH has close family outside Australia then they will count as your daughter's close family as well, which would prevent her from being eligible for a Remaining Relative visa.

 

Because of this possibility, it is unwise to make assumptions about whether or not your daugher will be the Remaining Relative by the time the question becomes relevant. It makes much more sense to focus instead on whether or not she is or will become eliigble to migrate to Oz in her own right, based on her own skills.

 

What is her occupation, please? Also what are you planning to do whilst you wait for your CPVs to be processed? Do you plan on remaining in the UK or wherever or do you plan on heading for Oz as soon as you can, using either a tourist visa or a Student visa to hold the fort, possibly?

 

Best wishes

 

Gill

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Guest kayej

Hi Gill

 

Many thanks for your speedy reply!!

 

My Daughter and her partner went out in June 2008 on an independant skills visa. They are both in permanent jobs: he is a carpenter and she is in IT and works for a large company. They purchased a house in Sept 08 and cars etc so present a 'settled' and committed lifestyle and love it in Perth. We have just been out to visit for a month, not only to see our Daughter but also to stay with our friends who have lived in Perth for 10 years and prior to that, in Darwin for 15 years. We very much see our future in Perth but in the meantime we will continue with our jobs in England whilst we wait for our visas over the next couple of years or so and will be content to just visit for holidays. Our 25 year old Daughter is a Hairdresser - has also been out on holiday and loves it and feels that Perth offers her new opportunities.

 

Any suggestions you may have, will be more than welcome!

 

 

Thanks

 

Kaye

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Guest Gollywobbler

Hi Kaye

 

Your 25 year old daughter may already be eligible for skilled migration to Oz in her own right. Please bear with me whilst I try to explain.

 

The Visa Strategy

 

Hairdresser 4931-11 - Australian Skills Recognition Information

 

The occupation is worth 60 points. It is also on the WA Occupations in Demand List, which is worth another 10 points. Please see Page 4 below:

 

http://www.migration.wa.gov.au/media/documents/WAOIDL_JANUARY_2009.pdf

 

The obvious visa is a State Sponsored subclass 176 visa, which is here:

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

At the moment State Sponsorship guarantees very fast track processing of the visa application. The visa gives Permanent Residency on Day One. Inreturn for the support of the State, the applicant undertakes to spend the first two years of his/her life in Oz living in WA - which your daughter would do anyway.

 

100 points are required for the subclass 176 visa (including the 10 points from the State):

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

Even taking a pessimistic view of your daughter's points, she can count on 115 for sure when she only needs 100 in total. I get:

 

30 - Age

15 - Competent English (automatic if she holds a British passport)

60 - Nominated Occupation (Hairdresser)

10 - WA State Sponsorship.

 

That is 115 on its own so we need not worry about anything else.

 

The Details

 

First of all your daughter needs a positive skills assessment from Trades Recognition Australia:

 

workplace.gov.au - 1 Skills assessment for people intending to migrate to Australia

 

The rules for this have changed a bit since your son-in-law did his TRA assessment application but he can remember enough about it to be able to give your daughter a helping hand with her own.

 

You do not say whether your son in law has formal trades skills qualifications gained in the UK (eg City & Guilds or NVQs.) At the time when he did the TRA process it would not have mattered if he had had no formal qualifications because something called TRA Pathway D existed at the time. Under Pathway D someone who had learned the trade "on the tools" without any sort of formal training or qualifications could be assessed as being suitably skilled.

 

In September 2007 TRA suddenly closed Pathway D. Therefore we now have to consider whether your daughter can meet the requirements for Pathways A or B instead:

 

http://www.workplace.gov.au/NR/rdonlyres/FA0FD1E1-8B74-4C11-AFBB-2C159890FF80/0/UniformAssessmentCriteriaSeptember2007.pdf

 

For these, Daughter now needs to demonstrate that:

 

  • She holds formal, nationally recognised qualifications (preferably NVQ3 but NVQ2 might do in her own case)
  • That she has completed not less than 900 hours of formal tuition which has led to the qualifications being awarded
  • That she has completed either a formal 4-year, traditional trades apprenticeship or that she has completed a more informal type of apprenticeship lasting not less than 5 years.

The detailed TRA instructions are here:

 

workplace.gov.au - Uniform Assessment Criteria (UAC)

 

Preparing a TRA assessment requires LOADS of absolutely brain-numbing detail as your son in law will recall only too well, but he and her sister ought to be able to give your remaining Daughter a very useful hand with getting everything ready.

 

If Daughter does not hold formal qualifications and/or cannot prove not less than 4 years of work-experience, please shout because there is another way round that via obtaining the Australian AQF III qualification instead, which can now be done relatively easily.

 

Let us assume that the TRA approval is safely in the bag. The next thing your daughter needs is State Sponsorship from WA:

 

State Migration Centre » Skilled Sponsored Visa

 

What they want from her in relation to this is evidence of a genuine commitment to spend not less than the first two years of her life in Oz living in WA. When the applicant is a man with a wife & two kids and they have never been to WA, know nobody there etc, the commitment - and the solvency to do it successfully without any support from Centrelink (social security) is harder to prove. In your daughter's case the fact that her sister is now settled in Perth with Mum & Dad on their way to Perth to will clinch the WA approval without doubt.

 

The WA approval in hand, the visa application can now be made on line and bob's your uncle. There s simply no need to worry about a Remaining Relative visa instead, I suspect.

 

With regard to you & OH, please study the article below, written by Alan Collett of Go Matilda, and please also study the two MRT cases that he cites:

 

Go Matilda - Your Gateway to Australia - News

 

We did not use an Agent for Mum's CP143 application. My sister Elaine has lived in Oz for 30 years this year, mainly in Perth. She is married to an Aussie and both of their children, two boys, were born in Perth. By the time it came to preparing Mum's CPV application and Elaine's application to Sponsor Mum we were able to ignore the "settled" question completely. The only supporting documents that we provided for Elaine were:

 

  • Her birth certicate (part of "Mum's bundle of documents)
  • Her Australian Citizenship Certificate
  • Her Australian passport
  • Her marriage certificate to prove her change of name.

Elaine's way of life out in Perth simply couldn't be called into question. Consequently no questions were asked. If Mum went to Perth and suddenly squandered all her money on the gee gees or something, Elaine would step in and take care of Mum.

 

What your daughter will have to do in her own Sponsorship application is to provide - up front - shed loads of documentary proof to demonstrate that her own life in Oz is now well & truly "settled." This is a Time of Application requirement so one cannot rely on the notion that the Sponsor will be a whole lot more "settled" by the time that a decision on the application is eventually made.

 

As long as your daughter provides all the additional evidence voluntarily and up front, there will be no hassle from the POPC. They will also take into consideration any additional information that the family chooses to supply. Therefore I would explain that your other daughter is a Hairdresser who intends to apply to migrate to WA as well, independently of the rest of the family but she would probably move to WA at the same time as you do. They can see the sense of the whole family relocating to WA - after all, they live there themselves by their own choice. Presumably they require little persuasion of the benefits of copying themselves!

 

Best wishes

 

Gill

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Guest kayej

Hi Gill

 

Thank you so much for taking the time and trouble to explain the complete process in simplistic terms for me - I really do appreciate it!

 

Have you any idea roughly how long my Daughter's visa application would take, under normal circumstances, and how soon after issue does she have to take it up?

 

Best Wishes

 

 

Kaye

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Guest Gollywobbler

Hi Kaye

 

I'd say about a year if your daughter proceeds as above and would have no difficulty with proving sufficient work experience. A year should avoid having to burn too much midnight oil in order to pull all the details together.

 

When a PR visa is granted (including your own) you are required to validate the visa by making an Initial Entry to Oz by no later than dd/mm/yyyy. The actual deadline date is nearly always the date which is 12 months after the earlier of the police checks or the visa meds. However a short holiday/rekky visit to Oz will do for this purpose. The person then has 5 years from the date of the grant of the visa in which to make his/her permanent move to Oz.

 

This flexibility means that there is no mileage in dawdling with obtaining our 25 year old's visa if she is able to complete her own visa process within a year or so. Sure, she would have to make a quick visit to Oz to see her sister but that is all and since she could stay with her sister the cost would not be prohibitive.

 

Does this help?

 

Best wishes

 

Gill

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Guest kayej

Hi Gill

 

Once again, thank you for answering all my questions in a clear and concise way and yes, you have certainly helped me a great deal!! I really do appreciate your kindness. Thanks a million!!!

 

Best Wishes

 

 

Kaye

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