Am I making a mistake?

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Am I making a mistake?

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Old 08-05-2009, 08:15 PM
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Am I making a mistake?

Hi all,

I'm just new to this forum and was hoping you could give me some advice.

I'm 26 and work for a PR company in Scotland. I have family in Melbourne and, despite saying year after year that I'm going to visit, have never been to Australia.

I've recently applied for and have been granted a 1 year Working Holiday Visa on the assumption that I'd be able to leave my current job, go to Melbourne to see how well I fit in and assess the job situation in my industry and, should all be well, apply for a more long-term Visa.

I've since been informed that if I go out on a Working Holiday Visa, should I want a different Visa (Skilled Sponsored - 176 visa would probably be my best bet) I would have to leave the country, apply then return. I'm a bit concerned about this as it means I'd be a long time out of work and was wondering if anyone knew of any way round this, e.g. if I'd be able to apply while in Australia and if granted leave for, say, New Zealand and come back to move into a different Visa.

I was just wondering if anyone else had been in a similar situation and what they did. I really don't want to go through all the process of applying for permanent residency only to change my mind the second I set foot in Oz.

Any advice or experience anyone has to share would be gratefully appreciated!



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Old 08-05-2009, 11:35 PM
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Welcome to the forum Tony and yep for a 176 visa to be granted you need to be out of the country, just the way it is with how immigration have visas categorised for either being in Australia or outside of Australia, even though for cases such as yours it does seem illiogical.

There are other considerations you also need to look at and:

First is that though the 176 visa can be a family sponsored or state nominated visa, there'll still be a points test based primarily on what qualifications you have for assessment by the appropriate organisation in regard to what employment category is on the Skilled Occupations List [SOL].

Follow the Visas trail on Department of Immigration & Citizenship and you'll get at top of the page after a couple of clicks or have a look in sticky thread #6

Second is that there is an application processing prioritisation in place at the moment with a cap on skilled visas and you can read all about that on sticky thread#4 , a PR career stream I doubt will be on a MODL [Migration Occupations Demand List] and thus if it is a family sponsorship you are thinking of, you may not be in the priority field.

If you do have qualifications for an occupational stream on SOL you may be able to land a state nomination - click a bit more through to 176 eligibility and you'll find links to the states for that, having a job or a job offer will certainly help with some states.
You'll find the points test table also under eligibility and you can do a self assessment re acceptable qualifications, work experience [mandatory and points if applicable] , age and english basic/IELTS.

As for the granting of a 176, we had a poster some time ago in the same situation and they received advice that granting was imminent and it was suggested to them that they make their arrangements to leave the country, your choice to NZ, Bali or elsewhere in Asia [very cheap flights available] and let immi know a week before departure [ that would likely allow immi time to have your file back on the actioning conveyor].

And so when the file is picked up for the granting stamp or whatever, the immi computer would have such a person registered as having left the country, and so the visa could be granted and you would be sent an email - hey presto there is a visa registered in the immi computer to allow you to return within the week quite probably - so that way, you've just had a couple of weeks holiday.

Immi are being quite kind in recognising that situation and hopefully it has been made standard practice rather than being left to the discretion of individual COs for if by chance a 175/176 visa does come up for the granting decision and a person is in Australia, could be the visa would be refused [and no chance given to leave], and you've lost the application fee and have to start over.

The other approaches you may want to consider for extra time in Oz are doing some work that'll give you eligibility for a second WHV or if you have an appropriate employer who wants to keep you, see about a long term temporary 457 visa and they can lead to eligibility to apply for a PR visa but a long route with some possible pitfalls.

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