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Which PR visa is best bet? 175, 820, 856?


Guest CanadianInOZ

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Guest CanadianInOZ

Before I get into all the details, my 2 questions are:

1. Can I leave my 175 application in if I put in an 820?

2. How long does 820 take to process once they have all docs?

 

History:

I live in Sydney since 2002 when I came on a student visa to do a PhD.

PhD awarded May 2008 and I applied (finally!) for PR 175.

Jan 1, no CO assigned and my 175 put on hold (no MODL/CSL/SS).

My current 457 (temp) expires Dec 31; PR health exams expire Jan 12 2010; i turned 45 years old Jan 2009.

I have 2 teens (17) who can't go to school w/o PR. 820 allows highschool, but too late for that as they have dropped out and want TAFE now.

I have been applying for any 3year (ENS 856) job available in Australia to no avail.

My partner and I have lodged intention to marry on Nov 14 and I can lodge 820 Nov 17.

 

Dilemma:

What I do know is that if I apply for an ENS, I tsf my $2000, but have to lodge a new application, which means I now have to get exemption for age. If I apply for 820 spouse, I have to pay $2500, my children don't get school and will go home to Canada to live with dad, I have to wait another 2 years for full PR (so I still limits on SOME jobs that you have to be full PR for), and what if the r'ship falls apart?

 

What I don't know is can I leave my 175 application in if I put in an 820?

That way, I can still apply for jobs for ENS, and who knows, DIAC might change their minds in another 6 mths - now that there are signs of rapid economic recovery, they may decide they need workers after all and lift the hold on 175!!!!

 

Also would like to know how long does 820 take to process once they have all docs?

 

Thanks, Suzanne

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Hi Suzanne

 

Yes, no need to withdraw your 175 application.

 

If you meet the 820 requirements prior to your visa expiring - yes - apply for the 820/801 including your children.

 

If you can secure another 457, apply for that as well - get three applications on the go. Is better to have a 457 underpinning your 820 application in case the relationship does break down.

 

Problems you are going to have are when the children turn 18 and and may not be financially dependent on you. They may then not be eligible for any 175 that may come through and any subsequent 457. Applying for the 820 prior to them turning 18 will "freeze" their dependency so they will be OK 2 years later for the permanent 801 visa only.

 

The ENS option would be great if you got the chance but would be reliant on you being on a 457 visa and not a BVA, having just applied for the 820/801.

 

Lots of issues here and I would advise that you contact George Lombard and engage his services to thrash out the best strategy for you.

 

Regards

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Guest CanadianInOZ
Hi Suzanne

 

Yes, no need to withdraw your 175 application.

 

If you meet the 820 requirements prior to your visa expiring - yes - apply for the 820/801 including your children.

 

If you can secure another 457, apply for that as well - get three applications on the go. Is better to have a 457 underpinning your 820 application in case the relationship does break down.

 

Problems you are going to have are when the children turn 18 and and may not be financially dependent on you. They may then not be eligible for any 175 that may come through and any subsequent 457. Applying for the 820 prior to them turning 18 will "freeze" their dependency so they will be OK 2 years later for the permanent 801 visa only.

 

The ENS option would be great if you got the chance but would be reliant on you being on a 457 visa and not a BVA, having just applied for the 820/801.

 

Lots of issues here and I would advise that you contact George Lombard and engage his services to thrash out the best strategy for you.

 

Regards

Dear Tony,

 

Thank you so much for that EXCELLENT advice! :notworthy:

You have made my day, and probably my year, easing a great deal of anxiety surrounding all this. :jiggy:

Thank you so much, Suzanne

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Before I get into all the details, my 2 questions are:

1. Can I leave my 175 application in if I put in an 820?

2. How long does 820 take to process once they have all docs?

 

History:

I live in Sydney since 2002 when I came on a student visa to do a PhD.

PhD awarded May 2008 and I applied (finally!) for PR 175.

Jan 1, no CO assigned and my 175 put on hold (no MODL/CSL/SS).

My current 457 (temp) expires Dec 31; PR health exams expire Jan 12 2010; i turned 45 years old Jan 2009.

I have 2 teens (17) who can't go to school w/o PR. 820 allows highschool, but too late for that as they have dropped out and want TAFE now.

I have been applying for any 3year (ENS 856) job available in Australia to no avail.

My partner and I have lodged intention to marry on Nov 14 and I can lodge 820 Nov 17.

 

Dilemma:

What I do know is that if I apply for an ENS, I tsf my $2000, but have to lodge a new application, which means I now have to get exemption for age. If I apply for 820 spouse, I have to pay $2500, my children don't get school and will go home to Canada to live with dad, I have to wait another 2 years for full PR (so I still limits on SOME jobs that you have to be full PR for), and what if the r'ship falls apart?

 

What I don't know is can I leave my 175 application in if I put in an 820?

That way, I can still apply for jobs for ENS, and who knows, DIAC might change their minds in another 6 mths - now that there are signs of rapid economic recovery, they may decide they need workers after all and lift the hold on 175!!!!

 

Also would like to know how long does 820 take to process once they have all docs?

 

Thanks, Suzanne

 

Hi Suzanne,

1) Yes. You can retain your 175 application and apply for an 820;

2) This depends on how and where you apply. Paper lodged 820 visa applications can take up to 6 months. If, however, you book an interview when you lodge and the application is decision ready it can be finalised on the day.

If you apply for ENS you can switch your 175 application and therefore not have to pay another lodgement fee. Also if you switch to ENS you need not worry about being over 45 as the regulations for switching from a 175 to ENS allow for this.

 

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699

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Guest CanadianInOZ
Hi Suzanne,

1) Yes. You can retain your 175 application and apply for an 820;

2) This depends on how and where you apply. Paper lodged 820 visa applications can take up to 6 months. If, however, you book an interview when you lodge and the application is decision ready it can be finalised on the day.

If you apply for ENS you can switch your 175 application and therefore not have to pay another lodgement fee. Also if you switch to ENS you need not worry about being over 45 as the regulations for switching from a 175 to ENS allow for this.

 

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699,raul@ozimmigration.com

ANDRE BURGER & ASSOCIATES

AUSTRALIAN IMMIGRATION SERVICES

www.ozimmigration.com

Phone +61 (0)2 8345 5600

 

WOW!!!!

Thanks so much Raul. That information is competely useful!

It sounds like I have all my bases covered if I lodge the 820 in person as soon as I get the marriage certificate?

It is so relieving to know that my under 45 status is locked in with the 175.

It may sound dramatic, but your advice and Tony's above has had a significant impact on my psychological well-being. Thank you so much! :hug: Suzanne

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Thanks Raul

 

I am based in Ireland the last 8 years so I was not able to answer the on-shore procesing times for Sydney. Just to clarify the "switching" - if an ENS nomination was approved, Suzanne could apply for the 121 off-shore ENS visa and, if the 175 is still being processed, she could apply for the 121 free of charge and, as you say, it would not matter if she had turned 45 since lodging the 175 application. The 175 remains a live application until decided or withdrawn. "Switching" implies that the 175 is somehow affected by availin gof teh free application and age concession.

 

Regards

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WOW!!!!

Thanks so much Raul. That information is competely useful!

It sounds like I have all my bases covered if I lodge the 820 in person as soon as I get the marriage certificate?

It is so relieving to know that my under 45 status is locked in with the 175.

It may sound dramatic, but your advice and Tony's above has had a significant impact on my psychological well-being. Thank you so much! :hug: Suzanne

 

Hi Suzanne,

You are very welcome, I am glad to help.

 

Please note that for quick turnaround of an 820 visa you will need to lodge a decision ready application, which means all necessary documents are provided at time of lodgment.

As the regulations have been changing regularly my advice would be to obtain clear and concise answers to your particular situation, so that you can relax and be confident in your future visa pathways.

 

 

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699

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Thanks Raul

 

I am based in Ireland the last 8 years so I was not able to answer the on-shore procesing times for Sydney.Regards

 

Processing times can be difficult to advise on as they are constantly changing.

Just to clarify the "switching" - if an ENS nomination was approved, Suzanne could apply for the 121 off-shore ENS visa and, if the 175 is still being processed, she could apply for the 121 free of charge

 

Correct.

 

and, as you say, it would not matter if she had turned 45 since lodging the 175 application. The 175 remains a live application until decided or withdrawn. "Switching" implies that the 175 is somehow affected by availin gof teh free application and age concession.

 

Correct.

If you switch to an ENS visa from a subclass 175 you need to have been under 45 when you lodged the 175 only, as you have already met the time of lodgement criteria for this visa.

 

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699

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