What should I do?

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What should I do?


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Old 03-14-2010, 11:05 AM
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What should I do?

Hi guys, great site. I'm hoping someone can help me out with my current situation as i've tried researching what my options are but im finding it very difficult to get my head around it all and when ive called Immigration, ive found them to be un-helpfull.

My Situation is as follows:

Im 26 years old from Ireland, im here on a WHV, ive been here 17 months as i got my original visa extended by an extra year. Ive been seeing my Australian girlfriend for the last 9 months and we're very much in love but we havnt been living together during that time. My visa will expire in October 2010 so i need to know what to do next.

I'm a fully qualified plumber and have the paperwork to support that BUT since ive been in Oz ive not been doing any plumbing as i fancied a break from it so that rules me out of the skilled migrant visa as i dont meet the criteria where i need to be working as a plumber for 12 of the last 24 months. Yet ive been working as a plumber for 6.5 of the last 8 years.

We both agree that its still early in our relationship to get married but we have discussed living together but we wouldnt have enough time left on my visa to have been living together for the required 12months and as she is in Uni its makes it very hard for us to go and live in another country to make it 12 months.

I think my best option would probably be to try and get sponsorship from an employer but that is obviously easier said than done. I also hold dual nationallity as i have both Irish and British passports but i dont know if that helps me in anyway to get another WHV (i doubt this VERY much) People have suggested that i apply for a WHV on my british passport but im quite sure that wouldnt be allowed.

I also read somewhere on here about a 12month tourist visa (not a WHV) i wasnt even aware that they existed so im wondering what the criteria would be for this?

All help is appreciated as the stress from this whole situation is really taking its toll on me and i just dont know what to do. i hope someone can help


Last edited by coyle1983; 03-14-2010 at 11:43 AM.

  #2 (permalink)  
Old 03-14-2010, 12:37 PM
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Quote:
Originally Posted by coyle1983 View Post
Hi guys, great site. I'm hoping someone can help me out with my current situation as i've tried researching what my options are but im finding it very difficult to get my head around it all and when ive called Immigration, ive found them to be un-helpfull.

My Situation is as follows:

Im 26 years old from Ireland, im here on a WHV, ive been here 17 months as i got my original visa extended by an extra year. Ive been seeing my Australian girlfriend for the last 9 months and we're very much in love but we havnt been living together during that time. My visa will expire in October 2010 so i need to know what to do next.

I'm a fully qualified plumber and have the paperwork to support that BUT since ive been in Oz ive not been doing any plumbing as i fancied a break from it so that rules me out of the skilled migrant visa as i dont meet the criteria where i need to be working as a plumber for 12 of the last 24 months. Yet ive been working as a plumber for 6.5 of the last 8 years.

We both agree that its still early in our relationship to get married but we have discussed living together but we wouldnt have enough time left on my visa to have been living together for the required 12months and as she is in Uni its makes it very hard for us to go and live in another country to make it 12 months.

I think my best option would probably be to try and get sponsorship from an employer but that is obviously easier said than done. I also hold dual nationallity as i have both Irish and British passports but i dont know if that helps me in anyway to get another WHV (i doubt this VERY much) People have suggested that i apply for a WHV on my british passport but im quite sure that wouldnt be allowed.

I also read somewhere on here about a 12month tourist visa (not a WHV) i wasnt even aware that they existed so im wondering what the criteria would be for this?

All help is appreciated as the stress from this whole situation is really taking its toll on me and i just dont know what to do. i hope someone can help
The longer a tourist visa is, the more funds Immi will expect you to have to support yourself and ๓ther than that you'll likely have a couple of issues:
. You'll not be able to apply for a tourist visa from within Australia while on a WHV.
. Tourist visas are also likely to have a No Further Stay condition attached so no further visa can be applied for.
And then there's no legal working while on a tourist visa other than WWOOF Australia

You've about covered your options, and an employer sponsorship may be your best chance, though you need to get your qualifications assessment via TRA - A-Z Occupations List - Australian Skills Recognition Information and there could be a recency of practice requirement for that, licensing in Australian states also a requirement, so taking a break may cut off any skilled options for now.

Attempting to get other WHVs because of having dual nationality is illegal, enough said.

If you were hoping to start living together so as to establish a 12 months relationship together, if you started now, you could attempt to do what some people have done on reaching the end of a WHV and that'll be to take a trip abroad and get a ETA - Electronic Travel Authority (ETA) - Online Applications
They are valid for 12 months, allow stays of three months at a time and usually are free of the NFS condition so leaving and a quick re-entry if permitted would allow you to get an additional 6 months together.

I say if permitted, for like tourist visas, an ETA has its purpose and they are not designed for people to get relationship time up, so if the truth is known on questioning on either time you return, you could still be refused entry.
And you're still in a not working situation.

Even if you are able to get the relationship time together and go on to get a partner visa granted, I'd still first be checking re having your trade qualifications assessed for without that, you're limited to not working in your trade.
If you do want to do that, and can still get assessed, another option to a 457 may be the 487 - Skilled – Regional Sponsored (Provisional) visa (subclass 487) and whilst that is being processed, a bridging visa will give you more time to find an employer sponsor.

But first step I reckon is the trade assessment for without that you'll need to consider your options of foregoing your trade or returning to Ireland or wherever in UK/Europe that you can work to get a 12 months recency of experience established.





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Old 03-14-2010, 12:57 PM
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Thanks for the help wanderer. Seems like were kinda screwed unless we do something dramatic like marriage etc. Im currently looking into getting my skills recognised


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Old 03-15-2010, 12:58 AM
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Originally Posted by coyle1983 View Post
Thanks for the help wanderer. Seems like were kinda screwed unless we do something dramatic like marriage etc. Im currently looking into getting my skills recognised
A recent alternative to marriage coyle, for just residents of ACT, Victoria or Tasmania is a Relationship registration, kind of a marriage certificate for defacto couples and it is only for those states/territory at the moment because it is a state legislation that it relies on.
NSW may not be too far away from legislating as well.

So if you get a relationship registered, that'll also waive the 12 months together but you''ll still need more than just being Bf/Gf and be in a relationship.





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Old 03-15-2010, 03:20 AM
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Really? well thats ppretty helpful wanderer as im actually in melbourne but what how would i go about that and also how do we know if we are eligible? thanks once again for your help


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Old 03-15-2010, 05:19 AM
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Originally Posted by coyle1983 View Post
Really? well thats ppretty helpful wanderer as im actually in melbourne but what how would i go about that and also how do we know if we are eligible? thanks once again for your help
Have a look @ https://online.justice.vic.gov.au/CA...ationship~&3=~
The situation is more for permanent residents but you'll note from P3. of an application form, ID documents would allow you to use your passport and a Vic Drivers Licence which you would need to see about getting, a need to convince them I imagine of intent to settle in Vic. [ plenty of plumbing work I imagine with all the wet weather and winter coming, might be one angle if needed. ]





  #7 (permalink)  
Old 03-15-2010, 07:29 AM
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once again wanderer many thanks. I think we should have no problem getting our relationship registered, if we were successful, you mentioned that it would waiver the 12 month period so does that mean that we would be able to apply for a de-facto visa? or how does it help us by having it registered?


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Old 03-15-2010, 08:38 AM
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Quote:
Originally Posted by coyle1983 View Post
once again wanderer many thanks. I think we should have no problem getting our relationship registered, if we were successful, you mentioned that it would waiver the 12 month period so does that mean that we would be able to apply for a de-facto visa? or how does it help us by having it registered?
The relationship registration will give a waiver for the 12 months requirement of a relationship as you can note from the link under eligibility section for a defacto visa - Family - Visas & Immigration
There is still a need to provide other evidence of your relationship being more than Bf/Gf and you need to have a good read of the eligibility section and Booklet #1 to do all the things in next 6-7 months that will have you meeting requirements.
The applying for this visa section Checklist should also be used in getting your application together.

No visa is an automatic situation and you need to put in the effort of getting organised and making sure your application is as sound as possible.
A read of elkittens sticky thread on doing her partner visa may help.





Last edited by Wanderer; 06-11-2010 at 11:55 PM.

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Old 06-11-2010, 03:43 PM
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Just wondering if you went for the registration of relationship

Quote:
Originally Posted by Wanderer View Post
The relationship registration will give a waiver for the 12 months requirement of a relationship as you can note from the link under eligibility section for a defacto visa - Family - Visas & Immigration
There is still a need to provide other evidence of your relationship being more than Bf/Gf and you need to have a good read of the eligibility section and Booklet #1 to do all the things in next 6-7 months that will have you meeting requirements.
The applying for this visa section Checklist should also be used in getting your application together.

No visa is an automatic situation and tou need to put in the effort of getting organised and making sure your application is as sound as possible.
A read of elkittens sticky thread on doing her partner visa may help.

I had a look at the application forms for Victoria but a bit stuck how you get over the first qualifying point, as you have to be a resident or at least have a visa in your passport allowing permanent residency...was wondering if you had the 12 month visa that it fell into the permanent bracket...even though short term permanent. hey ho....


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Old 06-12-2010, 12:03 AM
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Originally Posted by wimo View Post
I had a look at the application forms for Victoria but a bit stuck how you get over the first qualifying point, as you have to be a resident or at least have a visa in your passport allowing permanent residency...was wondering if you had the 12 month visa that it fell into the permanent bracket...even though short term permanent. hey ho....
If you are referring to
Quote:
Two people may apply to register a domestic relationship if:
• the relationship is between two adults (18 years of age or over) who are
in a registrable domestic relationship (refer to defi nition below); and
• both parties are domiciled or ordinarily resident in Victoria; and
• neither of them is:
– married; or
– in a registered relationship; or
– in another registrable relationship.
And the List 1 for ID.

They also have List 2 and
Quote:
• If you are unable to provide an identification document from List 1, you must provide two from List 2 and one from both List 3 and List 4.




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