Can you help solve my Visa Query?

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Can you help solve my Visa Query?


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  #1 (permalink)  
Old 09-23-2009, 11:24 AM
drz drz is offline
 
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Smile Can you help solve my Visa Query?

Hi guys,

I am wondering if any of you can advise me as to my best Visa options.

Here is my situation:

1. I am a Canadian, currently living in Australia, here under a Working Holiday Visa.

2. My Partner is here studying medicine at the University of Queesland (hence why I'm here), for 3 more years. Despite being a post graduate program, I do not believe it is classified as a masters program.

3. I began my employment with my company 1 month ago, and under the conditions of my working holiday visa, I have 5 months left to work there.

4. I work in Marketing/Advertising, and would consider myself a skilled worker in this field.

5. I satisfy the points requirements for the permanent skilled migration visa.

6. Because I do not wish to be bound to an employer as a condition of remaining in the country, employer sponsorship is not a preferred option.

7. I would strongly consider applying for the skilled permanent migration visa, however, it is my understanding, that even If I am accepted, I would still be under the conditions of my Working Holiday Visa, until it expires in June 2010. The issue with this is this does not solve the 6 month employer restriction under my current visa. I would still be required to leave that job, unless I seek employee sponsorship.
___

So, given the information above. What in your opinion is my best migration option? Is there anyway to bypass the 6 month restriction? Do I need a permanent residency visa, if I am only here for 3 more years? Are there any other visa alternatives, e.g, long stay workers visa, that may be a suitable option?

Your assistance with this issue would be most appreciated,

Most Sincerely,

SZ


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Old 09-23-2009, 02:41 PM
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Seems as though you've run through most options and have priorities set.

Taking what appears to be your preferred option:

7. I would strongly consider applying for the skilled permanent migration visa, however, it is my understanding, that even If I am accepted, I would still be under the conditions of my Working Holiday Visa, until it expires in June 2010.

No, that's not so for as soon as you had a PR visa granted, that nullifies any existing visa and you would then have no employer limits.

The issue with this is this does not solve the 6 month employer restriction under my current visa. I would still be required to leave that job, unless I seek employee sponsorship.

You may still run into the 6 months limit though for an application for a PR visa will likely take more than 5 months, and two choices there;

a. Employer seeks special permission to employ you longer and an application for a skilled PR along with your work on particular projects could be supportive reasoning - no guarantees with that though and whereas a couple of years or so ago it was just 3 months with one employer they then had a clause on the web site advising about seeking permission for special circumstances but that seems to have been removed with extension to 6 months.

b. With employer, apply for a sponsored 457 as an interim measure and again no guarantees but there is nothing to stop you starting on the skilled PR application while the 457 is being processed and if approved.
Again it will nullify the WHV and thus your 6 months restriction is gone as will the tie to an employer[s] once your PR is approved.

No way for the six months restriction to be bypassed while on a WHV unless a special permission was granted though that no longer seems to be an option offered by immi.

There are other visas such as the ENS [under Employer Sponsorship] where highly skilled employees are involved.

Another option could be for inclusion as family on your partners visa, that being dependent on your relationship and if you were declared on the student visa application, the nature of that visa also affecting extent of work rights.
http://www.immi.gov.au/students/stud...inging_family/
Conditions for Working While Studying

If you seek to follow the PR route, it is also dependent on a few matters, ie., your claims:
4. I work in Marketing/Advertising, and would consider myself a skilled worker in this field.
You would need to meet the requirements re qualifications for a category on the Skilled Occupations List [SOL]
5. I satisfy the points requirements for the permanent skilled migration visa.

The other matter to be addressed and one that could well put a blocker on a PR application being successful in current times is the visa applications processing priority, courtesy of the GFC - have a read of FAQ in our sticky thread #4 this section.

I haven't checked but I doubt that marketing/advertising is on the CSL and the one way to still have some priority would be if the state, [Queensland I assume] has whatever your SOL occupation classification is on their Occupations nomination list.
If it is, then you could apply for the Skilled Visa 176 [State Nomination] and that is not a commitment to any one employer but just a commitment to be employed in Queensland for two years.

So first step is to look at what category or categories on SOL you feel you could comply with and see if they are on the Queensland nomination list [ and again, no guarantees with a nomination being successful], the states having certain criteria to be met, eg. possibly a job offer but that should not present a problem if you are already in work and company is prepared to make an offer of continued employment, [not that you need to maintain employment with that employer]
If it is a Yes, Yes position, then.
a. get qualifications assessed
b. apply for State Nomination, and on success
c. in goes your 176 application.

The last hurdle if still in the run is getting granted a 176 - you need to be outside of Australia

A reference in Booklet 5 actually states something like " if a visa application final determination is being made and the applicant is in Australia, that would mean the visa granting requirements would not be met " = visa refused and you're back to square 1 - visa application fee of about $2425

In practice it may not be so bad as we had a couple in a similar situation post a thread, actually also on WHV and they had received advice from immi that a final determination was approaching and so to within the next month contact immi re what their arrangements would be to leave the country, and then a week before doing so to advise of their departure date.
Theory being that the week would allow time for their file to be dusted off reading for checking/signing etc., a final check on the computer would show that they had departed the country and hey presto, the visa would be granted and an email advice would let them know they could then return.

Weird huh?, but that's the way of this bureaucracy!

So if that's all a bit too much bother it's back to either the
. 457 or
. if the six months restriction is not going to drive you batty enough that you'll seek out another kind of 457 [Magnum type! - boom!]
and you do not mind getting your hands dirty in between,
you could seek to do three months of specific work to become eligible for a second WHV.
And taking a bit of a holiday in between, the three years might nearly be up.

Good luck.





  #3 (permalink)  
Old 09-23-2009, 03:58 PM
drz drz is offline
 
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Smile Thanks

Thanks for your thorough response.

. Just to Clarify: If I am on my WHV, and apply for my PR Visa, I understand that I will be issued a "Bridging Visa". While I have this bridging visa, I am still under the conditions of my WHV, until the PR visa is granted.

In your estimation, how long will it take to acquire my PR Skilled Migration Visa (roughly)? Is it worth me spending the $5000+ when it's only for 3 years? Are there not any other long stay unrestricted options short of permanent residency, that may be a better option?

Thanks again,

SZ


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  #4 (permalink)  
Old 09-23-2009, 04:06 PM
drz drz is offline
 
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Smile My Apologies

I saw you addressed my question, re, other visa options in your above posting. My apologies, it's late and need to go through it more thoroughly.

Cheers again,

SZ


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Old 09-24-2009, 12:35 AM
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" . Just to Clarify: If I am on my WHV, and apply for my PR Visa, I understand that I will be issued a "Bridging Visa". While I have this bridging visa, I am still under the conditions of my WHV, until the PR visa is granted. "

Nope, I didn't address that query and it is another aspect I didn't touch on and probably should have.

Whilst you can apply for a PR onshore, the reason for you having to be offshore for it to be granted is that the immigration regulations classify it as an 'offshore visa', no other reason but in it being an offshore visa it means that there is NO Bridging Visa provision, hence you would have to get your running shoes on to get it granted before your current WHV expired.

Your options would be:
a. leave at end of the WHV and await getting the PR
b. leave and come back on an ETA or tourist visa [no working other than www.wwwoof.com.au or Help Exchange work for accommodation and food in Australia New Zealand Canada Europe not wwoof ] , and then have to leave again when PR granting was due.
c. do some specific work to get a second WHV but still have to leave for granting

As to time frame, I reckon you ought to allow something like:
. 3-4 months for qualifications assessment and state nomination if possible.
. 9-12 months for the visa processing [though you could get lucky]





  #6 (permalink)  
Old 09-24-2009, 04:19 PM
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drz,
Re comments on the 176 visa, with latest announcement on processing priorities, what I said is now irrelevant unless you have an occupation on the CSL, ie.

Latest Immigration Regulations Update
http://www.immi.gov.au/skilled/gener...processing.pdf

Unless you have an occupation on the CSL, forget a GSM skilled visa application
Until after 2013






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