How to immigrate seamlessly

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How to immigrate seamlessly


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Old 03-29-2010, 02:17 AM
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How to immigrate seamlessly

Hello and thank you for creating this forum and the sound advice therein.

I am 33 years old and a citizen of the United States. I'm interested in staying for a few months in a friend's house in Tasmania while on a tourist visa for several months. Question 1: is there a big difference between getting approved for a tourist visa of six months versus one year? I understand that staying on a tourist visa for more than one year is stricter.

Question 2: if I decide I like living there, would I be able to apply for an independent skilled visa while onshore? I develop software and believe my field to be on the MODL list. I read on the immi website that once granted, the recipient needs to be offshore but the application can be placed onshore. Does that mean I have to go back to get it?
Immi: Location When you apply: In or outside of Australia
When the visa is granted: Outside of Australia (unless holding a subclass 444 visa)


Question 3: Would it be beneficial to get a medical workup and police check while I'm here just to be on the safe side? Would I file these with the tourist visa or wait until filing the Independent Skilled?

Question 4: Can I file for an Independent Skilled visa while onshore on a tourist visa? I think the answer is yes.

Last question: What happens if the processing of the Independent Skilled runs longer than the Tourist visa? Could I extend the tourist visa or does applying for the Independent Skilled provide an extension while being processed?

I hope these are intelligent questions. It's a bit of new ground for me, and I appreciate this forum and the moderators for their support.

Cheers,
Brent


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Old 03-29-2010, 04:17 AM
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Originally Posted by brentshaub View Post
Hello and thank you for creating this forum and the sound advice therein.

I am 33 years old and a citizen of the United States. I'm interested in staying for a few months in a friend's house in Tasmania while on a tourist visa for several months. Question 1: is there a big difference between getting approved for a tourist visa of six months versus one year? I understand that staying on a tourist visa for more than one year is stricter.

Question 2: if I decide I like living there, would I be able to apply for an independent skilled visa while onshore? I develop software and believe my field to be on the MODL list. I read on the immi website that once granted, the recipient needs to be offshore but the application can be placed onshore. Does that mean I have to go back to get it?
Immi: Location When you apply: In or outside of Australia
When the visa is granted: Outside of Australia (unless holding a subclass 444 visa)


Question 3: Would it be beneficial to get a medical workup and police check while I'm here just to be on the safe side? Would I file these with the tourist visa or wait until filing the Independent Skilled?

Question 4: Can I file for an Independent Skilled visa while onshore on a tourist visa? I think the answer is yes.

Last question: What happens if the processing of the Independent Skilled runs longer than the Tourist visa? Could I extend the tourist visa or does applying for the Independent Skilled provide an extension while being processed?

I hope these are intelligent questions. It's a bit of new ground for me, and I appreciate this forum and the moderators for their support.

Cheers,
Brent
1. The longer the tourist visa you apply for Brent, the more means of supporting yourself you'll need to show.
Seem to recall you're planning on working remotely for your employer back in the US and thus generate an income.
I'd be creative in how you describe that if needing to show that as a means of support or asked for it could be viewed that even if you're not legally being employed here, one thing could lead to another and so it could be seen that there is a risk of you working here.
Perhaps being on paid leave is the answer.

2. Tourist visas often have a No Further Stay condition on them [it being a random application] which prevents another visa application, though that is in reference to a further visa application which would allow staying, one that can be applied for onshore.
Interesting question whether it would stop you applying for an offshore visa.
You could use the enquiry provision on Contact Us - Department of Immigration and Citizenship to ask and I'd not be surprised if the answer would still be No with the NFS as Immi is kind of run on sticking with regs as they're written and not looking to make variances.

Of course if you were lucky and did not get a NFS condition applied, you could apply for another visa. [ and No, you cannot ask for your tourist visa to not have the NFS ] , [well you could if you like being ignored or bluntly told No!].

With an offshore visa applied for onshore, yep, you need to be offshore to have it granted but you only need to leave Oz., and do not have to go all the way back to the US, only to NZ or Asia for instance.

Before you get too far into planning you should make yourself aware of new Immi regs. being introduced, a sticky thread at top of section for a link and the MODL no longer exists.

3. I would not get a medical done for they're only valid for one year and depending on whether you can apply for a visa or what the priority system may be - the State Migration Plans mentioned in new regs kind of will replace the previous MODL/CSL means of getting points and prioritisation and you may need to be either looking at a particular state and an SMP. Likewise with the police check, it'll be best to get an idea of whether you may have to return to the US at some stage before applying.

4.As stated, it'll depend on whether a tourist visa gets a NFS condition applied or not.

5. If you do not get a NFS, you can make an application to extend a tourist visa, it again depending on showing means of support other than working in Australia, being employed/paid here.
You could get to the stage of not being able to extend the tourist visa any further and having to leave, some people taking a short trip out to apply again from overseas and again you would need to convince Immi that you were having an extended paid leave holiday.

Immi could be suspicious of that arrangement, and that's where some thought on how it is to be described is necessary.

I'd also suggest that you may want to consider the possibility of getting your skilled visa application in ASAP if you can get sufficient points, even if you can rake up 100 points for the pool mark and then perhaps looking at a State Sponsorship or waiting for the SMPs to be established as there'll likely be a provision to move an application up in priority if you find your occupation is on a SMP.
Very first thing to do will be to get ACS assessment anyway and that will probably take 12+ weeks so the situation on SMPs may be known by the time you're ready to make the skilled Visa application.

If all that puts you outside the time frame of when you want to initially make your trip over and you have arrived and have a NFS, by the time you have your skilled visa application all sorted, it may just mean you'll need to take a short trip abroad to lodge the skilled visa.

If you have sufficient funds or can show means of support via a paid leave/remote input scenario you may also want to look at a 12 months tourist visa as though they'll likely have the NFS they can also provide for a near two year stay because of the way they are issued:
. A latest entry date near 12 months from date of grant and a validity of 12 months from last entry before the latest date - so if you put in for one of those in next few weeks for our May trip, if it has a latest entry date of sometime next year, you take a short trip to return just before latest entry and you'll have a further year.

In having the Skilled Visa application in earlier, Immi will certainly be aware of that when you enter on the tourist visa and so you'll need to be able to clearly establish that you'll have a connection to your employer in the US re activities in the US.

Whatever tourist visa you get and when you apply for the Skilled Visa, the tourist visa running out while the SV application is still not decided will mean you need to depart and to still work remotely, why not try Asia for a bit as there'll be some pretty cheap living available in no end of locations, a month here and there for a few and then re-apply for Oz.





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Old 03-30-2010, 01:56 AM
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Yes, Wanderer, your memory is accurate regarding the previous posts. I wrote a long response here only to have it eaten by an accidental bump of the F5 key.

Regarding the income to show, will they require copies of bank statements? What about the case of having an inheritance in regards to how to support myself?

By the end of this week, I'll have lodged a resume for the ACS. It sounds easier to me to start on the tourist, then file the Skilled.


Here is a snippet from an automated email the government website sent in response to my pre-application enquiry as suggested in this post:

If you are outside Australia when you lodge your GSM visa application, unless you apply for and are granted another type of visa, you will not be able to travel to and remain in Australia during the processing of your GSM visa application. If you do hold another type of visa, you will only be able to stay in Australia while that visa is valid - unless you apply for and are granted a subsequent visa.

If you are in Australia and have lodged an application for an 'offshore' GSM visa (that is, a visa which can only be granted while you are outside Australia) and you wish to remain in Australia while your application is processed, you will only be able to stay in Australia while your current visa is valid. If you wish to stay past this date, you must apply for another type of visa.

So basically, I go for the one-year tourist visa (because there is a commitment in May to attend that the Skilled will not be completed in time) and apply for the independent skilled while onshore. Travelling offshore if the skilled visa is granted would be a bit of a celebration I think. Asia or New Zealand sound nice.

Great, thank you, Wanderer. You support has been integral.


Last edited by brentshaub; 03-30-2010 at 02:04 AM.

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