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Discussion Starter · #1 ·
Here is my situation,

I am a Canadian living in Canada, married to an Australian citizen. Have been together for 12 years, married for 8. I have an employer that would like me to start working in Australia in November. They are willing to get me a work visa (457?) through price waterhouse cooper.

How long does this typically take?

Also, is it beneficial to apply now for a 309 offshore and potentially have it approved before I go? (or maybe this is unrealistic). Or go on the work visa and apply for the 820 onshore so that when my work visa runs out I will have a bridging visa? Is the disadvantage that I may not be a PR for a longer period of time? or will it even be much different?

I hope I explained the situation clearly. I guess the question is, what happens if I am waiting on a 309 and also on a 457, don't know if that is even possible, and the 457 runs out? I suppose I have no bridging visa at that time?

I realize that the 309 also requires me to be out of the country when the final decision is made. Is this a major issue? is there flexibility for when you can arrange this?

thanks for any help.
 

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You should be aware that the 457 no longer exists and has been replaced with the new TSS (Temporary Shortage of Skills) 482 visas. They come in either periods of 1 to 4 years depending on your occupation, visa stream and circumstances and have specific criteria to be able to apply. My understanding is that you would not be able to apply for PR on the back of it, but that you could apply for a 820 whilst in Australia on a 482. But I would consult an expert (ie RMA) on that. Danger on this visa could be that it is new so track record and processing times might be unclear for a while.

On the 309 route, you can have a look at recent Canada processing times on this tread: http://www.australiaforum.com/visas...mv-applications-through-ottawa-canada-32.html

They seem to be quicker than some other locations (looking at you Washington!!) but still vary wildly so if you are targeting work in Australia in November (and given it usually takes a few months to compile a complete application) I would personally not count on that timeline. But if you have some flexibility on start date, have a simple case, can front load all your information and willing to risk it, it might be a viable option.
 

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Discussion Starter · #3 · (Edited)
Thank you, I was aware that the 457 was being replaced with something called a TSS, but the correspondence I have had has still called it a 457. I believe it is a 2 year TSS that can be renewed for another 2? That is exactly what I was wondering, if I can piggy back on a 309 application with a TSS, if not, I am glad you told me now and I didn't waste 7000 dollars! I can apply for a 820 as soon as I arrive there and THEN spend 7k, its not a problem, they just need to approve my TSS with due time before november for me to sell our house etc! How about processing times for a TSS with a migration agent?

The reason I was wondering is that I would like to further my education in Australia while working and would rather not pay international fees etc. Also I imagine buying a home or other property would be an issue as a non-PR, even though my wife is a citizen.
 

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Thank you, I was aware that the 457 was being replaced with something called a TSS, but the correspondence I have had has still called it a 457. I believe it is a 2 year TSS that can be renewed for another 2? That is exactly what I was wondering, if I can piggy back on a 309 application with a TSS, if not, I am glad you told me now and I didn't waste 7000 dollars! I can apply for a 820 as soon as I arrive there and THEN spend 7k, its not a problem, they just need to approve my TSS with due time before november for me to sell our house etc! How about processing times for a TSS with a migration agent?
The valdity of your TSS will depend on your occupation, so you'd need to figure out how long it would be. But if you prep the 820 already you could presumably submit it pretty early after you arrive in Australia. Note though that (I believe) it wouldn't become active until your 482 expires, which could be several years. Then again, it apparently can take 2 yrs to be granted.

I have not heard of submitting both a 309 and a skilled visa in parallel - I would check with an RMA on that one.

The reason I was wondering is that I would like to further my education in Australia while working and would rather not pay international fees etc. Also I imagine buying a home or other property would be an issue as a non-PR, even though my wife is a citizen.
I don't know the rules around the fees, but I do know they seem confusing so probably checking exactly what conditions are needed to pay the lower fees (if not done already). Buying property is not a major deal - depending on the situation it could need a review by the Foreign Investment Review Board but if buying with an Australia spouse these are largely exempted (I believe).
Residential real estate - exemptions [GN4] - Foreign Investment Review Board
 

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That is exactly what I was wondering, if I can piggy back on a 309 application with a TSS, if not, I am glad you told me now and I didn't waste 7000 dollars!
The 309 is the offshore partner visa, you would be looking for the 820, the onshore partner visa application.

I can apply for a 820 as soon as I arrive there and THEN spend 7k, its not a problem, they just need to approve my TSS with due time before november for me to sell our house etc! How about processing times for a TSS with a migration agent?
Processing times, unless something has changed or I've been out to lunch this whole time, are the same with or without a migration agent. For what it's worth, after months of research and refining our application, my wife and I submitted our 309/100 from Canada in February and we received our grant in 36 days.
 

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Processing times, unless something has changed or I've been out to lunch this whole time, are the same with or without a migration agent. For what it's worth, after months of research and refining our application, my wife and I submitted our 309/100 from Canada in February and we received our grant in 36 days.
I guess that's unually fast, even for Ottawa?

As Eh? mentions, an RMA does not expedite processing but can help you get to a high quality application quickly, saving you time preparing and having to do lots of research by yourself. But they will never guarantee you a timeframe for grant
 

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I guess that's unually fast, even for Ottawa
If you look at the workbook in my signature there are some of the more recent times in 2017/2018. Ours was granted 20 days quicker then the other quickest grant (56 days) and we lodged a few months after.

Honestly, we expected to be waiting a lot longer.
 

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If you get your 309/100 app in now, there is a good chance it would be granted before November and because of your relationship length, you should get both the temporary 309 and the permanent residency 100 at the same time.

Worst case, if the grant doesn't come before November, then yes you can still go to Oz on another visa while the partner visa is in process. They will notify you when they are ready to finalize the partner visa and ask you to leave. The amount of time you have is typically dependent on the date of your police checks or medical, whichever hits the 12 month expiry first. You would just need to hop on a plane to any country for 3-5 days, and most people take a short vacation to Indonesia or NZ.

I would say 309/100 and applying now would be the best route rather than waiting until end of the year to get here then apply onshore for the 820/801. In my opinion, you'd likely be coming to Oz with PR by the end of the year that way.
 

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You can always contact a professional RMA and pay a consultatuon fee to get a better understanding of all your options. There may be other ways to get here that are cheaper or faster depending on your personal circumstances.
 

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Discussion Starter · #10 ·
The 309 is the offshore partner visa, you would be looking for the 820, the onshore partner visa application.

Processing times, unless something has changed or I've been out to lunch this whole time, are the same with or without a migration agent. For what it's worth, after months of research and refining our application, my wife and I submitted our 309/100 from Canada in February and we received our grant in 36 days.
wow thats crazy fast. I am in edmonton. I would prefer that route honestly, going there as a PR would be much better for us. I haven't spoken to the RMA assigned to me yet, I will ask these questions for sure. Good to know it can happen that fast!
 

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Also I imagine buying a home or other property would be an issue as a non-PR, even though my wife is a citizen.
A foreign person purchasing property as 'joint tenants' with their Australian citizen spouse do not need foreign investment approval [FIRB]. This exemption does not include purchasing property as 'tenants in common'.
https://firb.gov.au/exemption-thresholds/exemptions/

Most couples buy under the Joint Tenants system.

Tenants in Common share a specified proportion of ownership rights.
Joint Tenants have the ''right of survivorship''.

Friends might buy under the 'Tenants in Common' system to safeguard their investment.
 

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Here is my situation,

I am a Canadian living in Canada, married to an Australian citizen. Have been together for 12 years, married for 8. I have an employer that would like me to start working in Australia in November. They are willing to get me a work visa (457?) through price waterhouse cooper.

How long does this typically take?

Also, is it beneficial to apply now for a 309 offshore and potentially have it approved before I go? (or maybe this is unrealistic). Or go on the work visa and apply for the 820 onshore so that when my work visa runs out I will have a bridging visa? Is the disadvantage that I may not be a PR for a longer period of time? or will it even be much different?

I hope I explained the situation clearly. I guess the question is, what happens if I am waiting on a 309 and also on a 457, don't know if that is even possible, and the 457 runs out? I suppose I have no bridging visa at that time?

I realize that the 309 also requires me to be out of the country when the final decision is made. Is this a major issue? is there flexibility for when you can arrange this?

thanks for any help.
Hi

Another avenue to look at (depending on what profession you're in) is coming in on a TSS visa (the new 457 visa) and then seeing if your company will sponsor you for an employer-sponsored permanent visa. This could potentially save you a lot of money, especially if the employer is willing to pay the application fees. Partner visa applications cost $7,000 and take a long time to process.

Again, depending on your occupation/skills/education etc, you might be able to apply for a skilled independent visa (189). This is a permanent residency visa that does not require employer sponsorship.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
 

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I think the 457 work visa is no longer available,.so your employer cannot apply for it.

Your best route is to apply visit visa sc 600, then in Aus apply for 820/801 along with a bridge visa that will give you work rights.

The offshore 309 will not have bridge visa rights.
SC 820 is 12 to 15 months processing with 7k AUD plus Medicals and Police Checks.

Regards

Here is my situation,

I am a Canadian living in Canada, married to an Australian citizen. Have been together for 12 years, married for 8. I have an employer that would like me to start working in Australia in November. They are willing to get me a work visa (457?) through price waterhouse cooper.

How long does this typically take?

Also, is it beneficial to apply now for a 309 offshore and potentially have it approved before I go? (or maybe this is unrealistic). Or go on the work visa and apply for the 820 onshore so that when my work visa runs out I will have a bridging visa? Is the disadvantage that I may not be a PR for a longer period of time? or will it even be much different?

I hope I explained the situation clearly. I guess the question is, what happens if I am waiting on a 309 and also on a 457, don't know if that is even possible, and the 457 runs out? I suppose I have no bridging visa at that time?

I realize that the 309 also requires me to be out of the country when the final decision is made. Is this a major issue? is there flexibility for when you can arrange this?

thanks for any help.
Hi

Another avenue to look at (depending on what profession you're in) is coming in on a TSS visa (the new 457 visa) and then seeing if your company will sponsor you for an employer-sponsored permanent visa. This could potentially save you a lot of money, especially if the employer is willing to pay the application fees. Partner visa applications cost $7,000 and take a long time to process.

Again, depending on your occupation/skills/education etc, you might be able to apply for a skilled independent visa (189). This is a permanent residency visa that does not require employer sponsorship.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
 
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