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Guest natski

Student need to find a way to stay!

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Guest natski

Dear all

 

After a few sleepless nights and lots of worry I have decided to write a thread and wondered if anyone had any advice.

 

To give you a bit of background, I am here on a student Visa and am on my second year, last year i did an Advanced DIploma in Events Management and this year i have just started a Diploma in Small Business Management. I am in Australia with my partner who is on a Business Owner's Visa (163) which is a temporary visa and she will be applying for PR in a few years. My dilema is that although they have changed the rules for Same sex relationships on new applications for the 163, it does not apply for existing Visa holders, therefore come December when my student visa will be nearly up I am really uncertain as to what I can do? I really do not want to go back to the UK and wait till she gets PR to be added on as that could take years.

 

Does anyone have any advice on what I can do? Before we left the UK, the visa process took a few years as most of you will know, and my visa agent back in the UK throughout the process suggested we just wait and see whether the laws changed and they never did, that is why my only option was to study as I had been out here on a WHV in 2001 so could not have another one.

 

I hope someone can offer me some advice, I am feeling really low and worried at the moment and have no idea what to do :cry:

 

Thanks for reading this thread

 

Nat xx

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Hi Nat,

I am sorry I do not know enough to offer any useful advise, but thought I would bump this thread back up to the top for you.

Gill (Gollywobbler) is usually the the one to ask, maybe she can help.

Good look with it all.

 

Melanie x


Terry(43),Melanie(42),Ciara(14),Ruairi(10)

Started to look into PR Oct 08, 175 CSL visa lodged 4/7/09. Visa granted 14/1/10, Arrived in Brisbane 24/08/10 !!!!!:jiggy:

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Guest Guest31881

Hi,

 

Like Terry & Melanie, I do not know enough about your types of visa. I would reccomend contacting an agent for a consultation, they may be able to offer a suggestion.

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Do the qualifications you're studying not enable you to apply for a visa ?


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Hi Nat

 

You can make application for a 163 visa as a secondary applicant - the catch is that it costs A$3,360. If you hold a student visa when you apply for the 163, you can be granted the 163 visa while remaining in Australia - so no need to leave.

 

Regards

 

Tony Coates


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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You say that you are in your second year (and plan to complete it), so I assume that you will be eligible to apply Skilled – Graduate (Temporary) Visa (Subclass 485). This is a 18 month temporary visa for fresh graduates.

 

Once you apply this, you will get a bridging visa until your TR visa comes through (6-9 months). So this should give you about 2 years to stay in Australia.

 

Just my 2 cents but I'm not a migration expert - you are better off discussing this with a RMA.

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Guest natski

Thank you all for your responses, I really appreciate them.

 

Ali and Tcillic - unfortunately I have been told Diplomas/Advanced Diplomas will not give me the points for PR they looking for Degrees etc i believe, and although I have a degree from the UK i have no work experience with it and therefore does not mean much!

 

At least I guess i have the rest of the year to find a way to stay! Lets hope they change the laws regarding me joining the 163!

 

Thanks again

 

Nat

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Thank you all for your responses, I really appreciate them.

 

Ali and Tcillic - unfortunately I have been told Diplomas/Advanced Diplomas will not give me the points for PR they looking for Degrees etc i believe, and although I have a degree from the UK i have no work experience with it and therefore does not mean much!

 

At least I guess i have the rest of the year to find a way to stay! Lets hope they change the laws regarding me joining the 163!

 

Thanks again

 

Nat

 

Are you able to top up your diploma to a degree upon completion and then go from there? Or even transfer to a degree now?


Opinions are like ar**eholes, everybody has one and generally full of s**t. Including me.

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Thank you all for your responses, I really appreciate them.

 

Ali and Tcillic - unfortunately I have been told Diplomas/Advanced Diplomas will not give me the points for PR they looking for Degrees etc i believe, and although I have a degree from the UK i have no work experience with it and therefore does not mean much!

 

At least I guess i have the rest of the year to find a way to stay! Lets hope they change the laws regarding me joining the 163!

 

Thanks again

 

Nat

 

Even if you are doing a Diploma or Advanced Diploma, you will be able to apply for a 18-month TR visa (provided you complete 2 years education in Australia and can get a positive skills assessment)

 

Skilled – Graduate (Temporary) visa (subclass 485) - Skilled Graduate (Temporary) visa (subclass 485)

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Did you see post #6. The poster with professional migration experience on this thread has commented that you could be a secondary applicant on the 163 - maybe worth double checking that?

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Even if you are doing a Diploma or Advanced Diploma, you will be able to apply for a 18-month TR visa (provided you complete 2 years education in Australia and can get a positive skills assessment)

 

Skilled – Graduate (Temporary) visa (subclass 485) - Skilled Graduate (Temporary) visa (subclass 485)

 

You need to nominate a 50 or 60 point occupation to apply for the 485 visa - 50 point occupations need at least a degree and 60 point occupations are trades or specialised professional occupations - so it is unlikely that the 485 will be an option.

 

Regards

 

 

Tony


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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Guest natski

Thank you all for your help, it is really helpful. I am going to speak to the Business Centre today to see whether it is now an option for me to join and will keep you all posted. Thanks again

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Guest natski

Its not good news when I spoke to the Business Centre not only can I not join the 163 Visa, they have said I cannot apply on her visa for PR in a fwe years either. People can only apply for PR if they were on the existing visa :-(

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Hi Nat

 

Perth have confirmed you can make a separate application for the 163 visa as a secondary applicant. I have forwarded a copy of their confirmation Email.

 

Regards

 

 

Tony Coates


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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Guest natski

Thank you so much Welshtone, it scares me that even after I called DIAC directly they gave me wrong information, so it is worrying just how many people are getting the wrong advice.....

 

Thanks again

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Hi Natski,

 

Tony's quite correct - honestly the quality of DIAC call centre advice is generally not in touch with this kind of unusual fact situation - and apart from the ridiculous amount of money you have to pay for the visa you also need to make sure your documentation meets the relevant criteria for proving a relationship.

 

Good luck!

 

Cheers,

 

George Lombard


George Lombard LLB(Hons) Fellow of the Migration Institute of Australia

MARN 9601056 george[at]austimmigration[dot]com[dot]au

www.austimmigration.com.au

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Guest natski

I just wanted to update you all and let you know that yesterday I was granted my 163 Visa......

 

If i have learnt one thing through this whole process is that if the operator on the phone at DIAC says something that doesn't quite sound right, or you had heard conflicting advice - check the law yourself, or go and get sound advice from a reputable agent as they are wrong a lot!!!!!

 

Good Luck to everyone else out there who is waiting for a visa

 

xx

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Hi, just jumping on this thread as I thought, reading on the DIAC website, that to gain a 163 you had to have 2 of 4 previous years business experience, and some money to invest in a business in Australia.. or am I confused with another visa?

 

can someone throw some light on this for me, as we did not take this route (although I have my own small business) due to the investment side, and time you needed to of had a business etc...

 

thanks for any help!

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Guest natski

Yes you are correct about the 163 requirements - I was added on to my partners 163 Visa who met the business requirements

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Hi,

If you dont mind me asking.. are the requirements as exact as it says..what do they class as a successful business career? what do you have to show? and the business has to off turned over min $300,000 in each year before? or in the last 2-4 years?

how long did it take for your partner to get her 163 visa granted from start to finish?

I hope you dont mind but any details you can give on this would greatly help :)

thanks

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Hi natski, can i kindly ask how was the diploma of small business management? I am looking to do it but unsure about its worth? I would be so grateful if you cna let me know its worthiness, value and what you learnt out of it. Thanks so much, Lucian

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