TSS Visas and Genuine Temporary Entrants

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TSS Visas and Genuine Temporary Entrants


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Old 06-20-2018, 02:36 AM
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TSS Visas and Genuine Temporary Entrants

Hi there,

Iím new to the forum and have a question

Myself and my wife have been on multiple 457 Visas from 03/2011 until 08/2017. We applied for a Permanent Residency RSMS 187 Visa in April 2017 meaning we are now on a Bridging Visa A whilst that application is being processed.

Unfortunately, some time ago, the company sponsoring me for the 187 went into Receivership. Whilst I am still employed, Iím resigned to the fact that the visa will not be approved leaving us with limited options. We have not yet withdrawn this application but intend do so before a decision is made.

My wifeís employer offered to lodge a new short term TSS Visa to buy us time for Customer Service Manager with the nomination being lodged last weekend. Since then we have discovered they have introduced a new requirement which we now must satisfy, ďGenuine Temporary EntrantĒ.

Given we have held back to back 457s in both our names, with our intention on PR clear with the lodgement of the 187 visa, how does one satisfy this requirement to show we are genuine temporary entrants? I donít think we can, so are we wasting our time?

I am reluctant to commit any more money, time, oxygen given immigration are specifically targeting people on temporary visas. At this rate, I think in two years time, I would be happy to leave Australia for good, as they are making it too difficult for people to stay here.

Does anyone have any experience of this GTE requirement for the TSS visa, and any advice you could provide me would be much appreciated.

Thanks!


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Old 06-20-2018, 08:08 PM
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I agree with your assessment that they are making it simply too difficult for skilled people to migrate to Australia and maybe thatís the intention.

I also agree with your summary of your ability to meet GTE requirements. The 457 visa provided a clear pathway to PR. This link has now been removed.

Some pedantic case officer is bound to jump on the fact that you previously applied for PR, so if you can still be bothered to go through with this ,you should clearly explain your intentions to return home once the visa expires. Apart from a statement, it Is hard to suggest any evidence, unless you have already made arrangements for employment/ residence in your home country. I have no personal experience with the new TSS requirements, as it has only been in place for such a short time.

I heard of a case where a 4 year old was refused a subsequent student visa on GTE grounds. Both parents are in Australia on student visas. It is getting more ridiculous by the day.

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Old 06-21-2018, 01:10 AM
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Hi Nick,

Thank you for coming back to me, and I suppose thank you for not providing me with any new information to consider!

One would think that after being here for 8+ years, contributing to the community, being charitable and paying some $65k in taxes last year that someone would logically think "do you know what, why are we making it so challenging for people".

I can walk 300 metres in Perth and become quickly dismayed at how the Department of Home Affairs think they have any grasp on the state of economy or immigration.

You win some. You lose some. We've won in the past and Australia will lose in the future.

Thanks again.


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Old 06-21-2018, 04:41 AM
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Quote:
Originally Posted by dutchgold647 View Post
Hi Nick,

Thank you for coming back to me, and I suppose thank you for not providing me with any new information to consider!

One would think that after being here for 8+ years, contributing to the community, being charitable and paying some $65k in taxes last year that someone would logically think "do you know what, why are we making it so challenging for people".

I can walk 300 metres in Perth and become quickly dismayed at how the Department of Home Affairs think they have any grasp on the state of economy or immigration.

You win some. You lose some. We've won in the past and Australia will lose in the future.

Thanks again.
I totally sympathise and agree with you. All I can do is present you with the harsh facts. If I had any more positive news, I would gladly share it with you.

It might be worthwhile having a shot at it anyway, but you really should try and find out if there are any long-term options available for you.

LadyRogueRayne likes this.

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Nick van Voorst
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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