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How long to get residency\citizenship and other things


Guest MARTINI

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Guest MARTINI

Hi

 

My son and his family are currently living in OZ and have just had their visas extended for I think another 3\4 years. They have lived in sydney for just over 18 months.

 

How long do they have to live there before they can apply for residency\citizenship? I am asking because my wife and I would then be looking at moving out there, visas permitting of course.

 

Also If my wife and I did apply to move out there as my sons parents and we were successful how long does the process take from start to finish until visas are issued?

 

Regards

 

John

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Guest Gollywobbler

Hello John

 

Welcome to Poms in Oz.

 

Is your son the only child that either you or your wife have, please? No other children from previous relationships on either side? if there are any other children, how many and where do they all live, please? The Balance of Family Test is central to Parent migration and it is inflexible. It is a straightforward head-count of all the blood children and the quality (or even existence) of the social relationship is ignored.

 

Family - Visas & Immigration

 

Family - Visas & Immigration

 

Parent Migration Booklet

 

My son and his family are currently living in OZ and have just had their visas extended for I think another 3\4 years. They have lived in sydney for just over 18 months.

 

How long do they have to live there before they can apply for residency\citizenship? I am asking because my wife and I would then be looking at moving out there, visas permitting of course.

 

You need to find out which visa they are on, please, because it sounds like they could be on the subclass 457 employer sponsored visa? If so, that visa grants Temporary Residency only and in order to be able to sponsor you for Parent migration, at least 50% of your children must be Permanent Residents of Australia.

 

So as long as you do not have a problem with the Balance of Family Test, the next step is for your son to obtain Permanent Residency. What is his occupation, please, and how old is he? For his occupation, please choose from the list below:

 

A-Z Occupations List - Australian Skills Recognition Information

 

Getting a Contributory Parent visa is taking about 18 months at the moment. The much cheaper non-contributory Parent visa is currently taking about 9 or 10 years. I won't confuse you with a discussion about fees right now because all the visa charges will be increased on 1st July, which is the start of the Financial Year out in Oz.

 

How old are you and your wife, please? Why is your user name Martini? If you are a main Board director of whichever company makes/distributes Martini there might be some quite useful possibilities, hence my question.......

 

If you are 55 or over and you are not a high flying executive or business owner, take a deep breath whilst you check whether you could meet the requirements for an Investor Retirement visa, please!

 

Investor Retirement (Subclass 405)

 

If you could afford an Investor Retirement visa, they usually take about 6 months to obtain. Historically NSW did not offer sponsorship for this visa but they have recently decided to participate in the scheme:

 

Department of State and Regional Development

 

The smart thing to do would be to move to Regional NSW rather than to Sydney itself:

 

Department of State and Regional Development

 

http://www.business.nsw.gov.au/migration/pdfdocuments/Visa_Criteria_405.pdf

 

Regional Australia/Low Population Growth Metropolitan Areas - Workers - Visas & Immigration

 

If this visa would be possible, the BERIA 410 group allow sc 405 applicants and holders to join their group.

 

BERIA 410 - HOME PAGE & NEWS

 

It is a condition of the sc 405 visa that the holders must have full private medical cover throughout the life of the visa. Beria 410 have done a deal with Medibank about this but even with the group discount, apparently the cover is about $6,000 AUD for a couple:

 

BERIA 410 - HOME PAGE & NEWS - HEALTH

 

The man who can tell you everything about the sc 405 visa is Howard Snow, who lives near Perth. He & his wife have them and he is a mine of information about it:

 

Login To: The Go Matilda Forums

 

Howard is very nice and he can also be contacted via BERIA 410 but he does ask that people should read all the stuff he has already written before asking questions, to save him from repeating himself because he is a busy man.

 

If you could afford an sc 405 visa then it would hold the fort until you could apply for Contributory Parent or Contributory Aged Parent visas instead. Also, if you are seriously wealthy then one couple who have obtained sc 405 visas have told me that they do not intend to switch to CPVs because the tax breaks are more attractive for them with the sc 405. Hubby is the retired Finance Director of a large multinational so I said, "Yessir" when he said this. I'm not about to argue with a finance expert!

 

If you can't afford an sc 405 (most British parents can't, including my mother who has a CPV 143) there are two further options:

 

Tourist Visa (Subclass 676)

 

With the 676 and Parents, it is usually best to make the visa application on paper, by post, so that you can send a covering letter explaining all the circumstances. This also ensures that the application will be processed by a human at the Australian High Commission in London. They are normally pretty generous towards British parents who want to visit for up to a year. However it is contrary to Policy to allow Parents to use repeated sc 676 visas in quick succession, back to back, as a means of "living in Australia" as opposed to "just visiting." You have to play this one by ear.

 

The other possibility, which is not as daft as it might seem at first sight, would be a Student visa for one of you.

 

The CRICOS website is down at the moment. However please do a Google search for CRICOS. When the website comes up, do a search. Do not tell it about qualifications. Find out what you could study as an International Student at whichever TAFE is the most convenient for where you would like to live in Sydney. The qualifications are rrelevant from your point of view because you would not be looking for a skilled visa on the strength of them afterwards.

 

Students - Visas & Immigration

 

Please sing out if you have any queries and it would be helpful if you could also fill in the gaps where I have asked questions of you.

 

Cheers

 

Gill

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Guest MARTINI

Hi Gill

 

Many thanks for your reply.

 

My son is 28 and he works for a crane hire company who have bases in Brisbane and Sydney. He was sponsored by the company and he is a Training Manager.

 

We have four offspring aged 22, 28, 30 and 34. Only our younggest son is in OZ although out eldest daughter and her husband are currently looking at emmigrating to oz. My daughter is 30 and a fully qualified Legal Executive. She is having problems because it looks like UK based legal quals do not seem to be recognised in OZ. She has said however, that she would be willing to take a job as something like a legal Secretary. Her husband works as IT support Manager. They had just got involved with some immigration specialists but not sure who they are.

 

I am 53 and my wife is 52. I am a training Manager within the Vocational Training Sector with various Training Providers and in total I have over 20 years of experience in this field. I have 2 degree level quals in Teacher Training (Adult and Vocational Education) and in Co-ordination of Learning and Development. My wife is a HTLA (Higher Level Teaching Assistant with over 12 years experience with a degree level qual.

 

Our plan was that in about two years we could apply for Visas, as we envisaged that my sonwould not be able to apply for residency until he had been in OZ for 4 years. And of course my daughter ends up moving out to oz. Can we start the vis app process now or do we have to wait while my son gets residency and my daughter has emmigrated? How much does it cost to pay for the fast track visa route for parents.

 

Many thanks for taking the time to reply, it's much appreciated.

 

Regards

 

 

John

 

PS Martini was used cos when I met my wife over 30 years ago it was her favourite drink.

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Guest Gollywobbler

Hi John

 

In the long run, Parent or Contributory Parent migration looks like being the answer for you. At least two out of your four children must have Permanent Residency in Oz before you can apply, though. There is no way round this bit.

 

As soon as your daughter has moved to Oz with PR and your son has obtained his PR, he would be able to sponsor you for Parent migration immediately.

 

Up until 30th June 2009 the costs for a couple applying for CPV 143s (the immediately permanent version of the offshore Contributory Parent visa) would be:

 

$1,420 - 1st Instalment (covers both of you and is the cost of processing the application.)

$32,725 - each. This is the 2nd Instalment which is the final step before the visa is granted.

$14,000 - Bond, held by the Commonwealth Bank for 10 years, backing up the Assurance of Support.

 

Assurance of Support

 

Reader's Notes

 

The Bond figure might not rise on 1st July - it is impossible to predict that. The 1st Instalment for the visa definitely will rise but we won't know by how much until the last week in June. The Cabinet meeting to set the new figures is usually held during the first half of June but then getting the enabling legislation into place takes another couple of weeks.

 

The 2nd Instalment is deemed to be a notional contribution of 12.5% towards the cost of a hypothetical Contributory Parent's health case costs in Oz. Because it is linked to health costs and is done on a percentage basis, the Australian Government Actuary does the figures each year. The Actuary has done the Composite Index for 2009/10 but I don't think anybody except the Actuary knows how to work it out!

 

Publications — Australian Government Actuary

 

For 2008/9 the increase was a modest 3.9%. For 2007/8 it was 7.6%. As yet there are no rumours about what it will be this year and I don't suppose the Parent Visa Centre would be allowed to say at this stage, though they obviously know the new figures by now.

 

It sounds as if your son is probably on an sc 457 visa. I am puzzled about why his employer did not nominate him for an ENS 856 visa instead, which would give him Permanent Residency instead of sponsoring him for another sc 457 visa?

 

Training Officer 2291-17 - Australian Skills Recognition Information

 

Does he have a degree? If yes, does he also have a positive skills assessment from Vetassess?

 

The rules for the ENS visa are here:

 

Employer Nomination Scheme (Subclass 121/856)

 

Employer Nomination Scheme (Subclass 121/856)

 

Lack of ability to get a skills assessment is usually the reason for people spending 3 or more years on a 457 visa, though some employers are said to like them because they keep the employee chained to the company. That said, the ENS visa is a lot less onerous for the employer than a 457 visa is, so most migration agents would try to talk the employer into agreeing to an ENS visa instead of another 457, provided that the employee can meet the requirements for the ENS visa.

 

Delay with getting PR for your son may not matter too much considering that he would need to wait for his sister to migrate before a Parent or CP visa would be possible for you.

 

Turning to you, if you want to move to Sydney an employer sponsored visa for you might be possible and again one would hope for an ENS visa rather than a 457.

 

I am 53 and my wife is 52. I am a training Manager within the Vocational Training Sector with various Training Providers and in total I have over 20 years of experience in this field. I have 2 degree level quals in Teacher Training (Adult and Vocational Education) and in Co-ordination of Learning and Development. My wife is a HTLA (Higher Level Teaching Assistant with over 12 years experience with a degree level qual.

 

When you say "degree level quals", do you mean degrees? Please be specific because Vetassess will not accept "equivalent to." They look at the Country Education Profile for the UK, which lists all the universities etc and says what qualifications they award. The system does not allow for "equivalent to" and you need at least one qualificaton that is definitely a degree.

 

Also, would you say that you are a also Training Officer, or would you pick something else out of the ASRI list for yourself?

 

A-Z Occupations List - Australian Skills Recognition Information

 

If in doubt, the ASRI List is taken from the ASCO Code, which is the detailed, authoritative document:

 

1220.0 - Australian Standard Classification of Occupations (ASCO) Second Edition, 1997=

 

If you are not sure what your "Strine job title" should be, ASCO can help you to figure it out. An exemption from the normal cut off age of 45 is potentially possible with the ENS visa provided that "exceptional circumstances" can be demonstrated:

 

Employer Nomination Scheme (Subclass 121/856)

 

Your chances of employer sponsored migration for yourselves would be better if you are prepared to consider Regional Australia, though, because in that scenario you would be eligible for an RSMS visa instead:

 

Regional Sponsored Migration Scheme (Subclass 119/857)

 

A bit of background for you. Whereas in the UK we have NVQs, the Aussie equivalent is the AQF (Australian Qualifications Framework) series of qualifications. Let us say that somebody is a Floor Finisher. If he wants to migrate to Oz but does not have any formal British qualifications, his best option is to get an AQF III because the skills assessment authority for most trade skills is Trades Recognition Australia, who now insist on formal qualifications. Tradies in some occupations can now get AQF IIIs without leaving the UK:

 

https://www.australiantradeassessments.com/process-construction.php

 

They could get NVQs via the same method but TRA are unpredictable and inconsistent about whether they will accept "belatedly obtained" NVQ 2 or 3, whereas they will accept AQF III.

 

By hte same token, all the Registered Training Organisations in Oz are pushing hard to convince employers to insist on AQF qualifications so Aussies are running around trying to get them by the same methods as the UK tradies:

 

Welcome to SkillsTech Australia: the lead TAFE institute in trade and technician training - SkillsTech Australia

 

I have given you the link for Skills Tech because I have been told that the chap in charge of the RPL program is called Mike Baker. It would probably be worth getting in touch with him and discovering whether he thinks employer sponsored migration might be a goer for you.

 

The other factor which might be relevant to you is that selling Education to foreign students is Australia's largest export at the moment, worth $14 billion a year to the Aussie economy one way or another. This is because if somebody who is comfortably under 45 but does not have an occupation on the ASRI list above wants to migrate to Oz, he can do a 2 year course in something like Bricklaying. (Or he can get an Australian degree etc.) Having completed the studying in Oz, the graduates can then apply for skilled independent migration to Oz. For some people this is the only way to migrate even though it is very expensive.

 

I think that with so much happening in the Education sector in Oz somebody with your experience might find a niche and an employer sponsored visa to go with it. It is not a field I know anything about so I could be talking rubbish or it might be worth pursuing?

 

Australian Immigration Fact Sheet 50. Overseas Students in Australia

 

The very brief stats above show what a huge industry the International Student scheme is.

 

Cheers

 

Gill

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Guest MARTINI

Cheers Gill

 

What a minefield but I agree 100% on the rules on immigration to oz.

 

I do not have any degrees just two Teacher Training Diplomas, A Certificate in training and Development and 2 NVQ Level 4 plus various other quals. Have been looking at doing a degree. I may need to look at this more seriously. There maybe a chance that I can do degree in two years due to previous experience and quals.

 

Thanks for all of your help and advice.

 

Going to lay down now with a headache.

 

Regards

 

 

John

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