Linda Irvine Posted January 17, 2010 Share Posted January 17, 2010 Hello there, can anyone give us some information please. IF (and a big IF!) our perm res is granted, we understand you have to leave Australia and get the visa activated abroad, is this correct, and if so how long do you have to be away, does it matter where you go, and why do you have to do this? Thanks:err: Link to comment Share on other sites More sharing options...
Guest The Ropey HOFF Posted January 17, 2010 Share Posted January 17, 2010 Hi Linda, i take it you are already in Australia and if you are i have heard that you have to do something like this, i don't know a lot about it so i have replied to bump your thread up to the front so someone who does know might reply. I am not certain, but i heard that only the main visa applicant has to fly out of OZ and then back in again, but i might be wrong, all the best, jim Link to comment Share on other sites More sharing options...
Pumpkin Posted January 17, 2010 Share Posted January 17, 2010 Hello there, can anyone give us some information please. IF (and a big IF!) our perm res is granted, we understand you have to leave Australia and get the visa activated abroad, is this correct, and if so how long do you have to be away, does it matter where you go, and why do you have to do this? Thanks:err: I think it depends whether you applied for an on shore or offshore visa. If you applied for an offshore visa then you have to be offshore when they issue it. So in that case yes you will need to leave Australia. You can go anywhere you like, Bali or New Zealand seem to be popular options and I think DIAC recommends you are away for about five days to give time to get everything organised. Link to comment Share on other sites More sharing options...
Smirfyduo Posted January 17, 2010 Share Posted January 17, 2010 Hello there, can anyone give us some information please. IF (and a big IF!) our perm res is granted, we understand you have to leave Australia and get the visa activated abroad, is this correct, and if so how long do you have to be away, does it matter where you go, and why do you have to do this? Thanks:err: Hi Linda, My understanding is that if you lodged your PR application offshore, then it has to be granted when you are offshore. You have to go somewhere where there is an Australia High Commission as you need to go there to have your visa evidenced in your passport. We were in this position - our case officer sent us a "Pre-grant" email, advising us that we had to leave Australia and advise the DIAC of our travel itinerary. They recommend that you are out of the country for 8 working days - They also tell you not to go straight into the High Comm on day 1, - you need to leave it for 5 working days before approaching the High Comm to have your visa evidenced in your passport. However, we left Aus and went to Auckland on the Thursday - on Monday we chanced our arm and went into the HC - and left 10 minutes later with visa in passport. Good luck! Cheers Jules Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted January 17, 2010 Share Posted January 17, 2010 Hello there, can anyone give us some information please. IF (and a big IF!) our perm res is granted, we understand you have to leave Australia and get the visa activated abroad, is this correct, and if so how long do you have to be away, does it matter where you go, and why do you have to do this? Thanks:err: Hi Linda I have now had a chance to go through your earlier threads and posts. To answer your immediate question, Australian Immigration Law says that if you apply for the "offshore" version of a visa then you must be outside Australia at the time when this "offshore visa" is granted. I don't know why this law is so but it is so. However are you sure that the un-registered woman in the UK who is acting as your agent has applied for the OFFSHORE version of your RSMS visa? The offshore version of this visa is the subclass 119. The onshore version of it is the subclass 857. http://www.immi.gov.au/skilled/skilled-workers/rsms/ Considering that you are in Australia, working on a 457 visa, I would have thought that the onshore subclass 857 RSMS visa could have been applied for? I'm not sure because I'm not a migration agent but reading the burble I don't see why the onshore visa couldn't have been sought? If the onshore sc 857 RSMS visa has been applied for then you need to stay in Australia whilst the visa is granted and the visa labels will be put into your passports by DIAC in Australia. If you are right and you do have to go offshore, you need to go to anywhere which is outside Australia and has a local DIAC office dealing with visas. Just choose the cheapest place for a package holiday, I suggest, somewhere close to Australia because package holidays for 7 or 10 nights or so are much cheaper than organising travel and accommodation on your own. Since you are in Gympie, not far from Brisbane, the closest destinations are likely to be in the Pacific. Noumea in New Caledonia belongs to France, is cheap and has a DIAC office. Fiji and Vanuatu also have DIAC offices, as does Auckland in NZ. Bali might be cheap from QLD as well? Air Asia X does cheap flights from Brisbane to Kuala Lumpur in West Malaysia and there is a DIAC office there as well. Hong Kong and Singapore will both do as well. My major concern at the moment was described by you in this thread in April 2009: http://www.pomsinoz.com/forum/migration-issues/58791-rsms-nightmare.html Apparently your agent lied when he said that he had applied for your RSMS visas in July 2008. The woman who took over says that she has lodged the applications. However you told us about all this in April 2009. Now, nearly 12 months later, your RSMS visas have STILL not been granted? The RSMS visa has been super fast tracked since January 2009. Whether the onshore or the offshore version is sought, DIAC try to finalise the application within about 3 months. Therefore why is this STILL dragging on many months later? In the thread above, Alan Collett of Go Matilda told you about a colleague of his, Sarah White. Did you contact her at any stage? Cheers Gill Link to comment Share on other sites More sharing options...
Alan Collett Posted January 17, 2010 Share Posted January 17, 2010 Linda, Given your earlier experiences I would encourage you to ask for sight of the letter from the Department of Immigration which confirms the lodgment of the nomination application, and confirmation of the approval from the Regional Certifying Body. And as Gill says, applications under the RSMS are required to be processed by DIAC as a priority => 12 months is far too long. I recommend you take the initiative and seek clear explanations from your appointed advisor, as what you are experiencing is out of kilter with the generality of employer sponsored permanent residency applications which we have handled in recent times. Best regards. Link to comment Share on other sites More sharing options...
Linda Irvine Posted January 18, 2010 Author Share Posted January 18, 2010 Thankyou very much for all the information, you are all so kind and helpful. We actually only lodged the visa before Christmas as it took a while to get everything together, sorry I didn't make that clear. We have actually been sent the letter of confirmation that it has been lodged, and payment has been received, as well as the letter of confirmation that the local Chamber of Commerce has approved us as we are exceptional circumstances, so all is finally ok! Good to hear RSMS is being fast tracked, we didn't know that, also it is a sub class BW857 visa, so I take it this means we do not have to leave Australia to get it evidenced in our passports? Thanks again:hug: Link to comment Share on other sites More sharing options...
Alan Collett Posted January 18, 2010 Share Posted January 18, 2010 Yep, a subclass 857 visa is an onshore visa, so no need to depart Australia prior to grant. Good luck! Link to comment Share on other sites More sharing options...
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