457 to PR and Partner Queries

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457 to PR and Partner Queries


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Old 04-10-2010, 06:41 AM
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457 to PR and Partner Queries

Guys,

Firstly thanks to everyone for posting their experince on this website. Its been a great help at a quite confusing time. There a few things I'd like to get opinons so if anyone has any thoughts they would be greatly appreciated.

I'm from the UK and have been in Australia for 3 and 1/2 years and I'm employed as an Electrical Engineer and hold a 457 sponsored visa.

I'd like to apply for Permenant Residance and it seems the best way for me will be the employer sponsored 856 visa.

I've been through the info on this website and IMMI and with a bit of work collating information should be able to meet the criteria.

However some questions:-

1. I would like to add my partner to the application. We met 18months ago whilst living in a shared accomodation. We quickly developed a relationship and after 6months were commited to each other. At this point my partner, who is from Korea, went to work on a farm a SA to enable her to get a second working holiday visa. So we were apart for the first 4months of our 12months partnership. I do have records of visiting her in SA and the phone calls every night. On her return we moved into a place togeter and have the lease to show 8months together .I guess we could wait another 4months but I'm really concerned the requirements are always changing and I don't want to get caught out by some policy change so want to get things moving if possible.....any thoughts?

2. We will need to obtain police clearances from Korea for my partner. Has anyone had experience of this? Whats is the best way to get it translated and certified?

3. I will apply for a Police Check from the UK later today. I think there might be a couple of minor cautions on there from my younger days (no jail time or anything too real serious!). Could this be an issue?

4. I left Austalia 20months ok for a 3month break in the UK. Could this be an issue. Do I need two years coninuous stay in Australia to apply for a 856?


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Old 04-14-2010, 04:02 AM
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Quote:
Originally Posted by Algun View Post
Guys,

Firstly thanks to everyone for posting their experince on this website. Its been a great help at a quite confusing time. There a few things I'd like to get opinons so if anyone has any thoughts they would be greatly appreciated.

I'm from the UK and have been in Australia for 3 and 1/2 years and I'm employed as an Electrical Engineer and hold a 457 sponsored visa.

I'd like to apply for Permenant Residance and it seems the best way for me will be the employer sponsored 856 visa.

I've been through the info on this website and IMMI and with a bit of work collating information should be able to meet the criteria.

However some questions:-

1. I would like to add my partner to the application. We met 18months ago whilst living in a shared accomodation. We quickly developed a relationship and after 6months were commited to each other. At this point my partner, who is from Korea, went to work on a farm a SA to enable her to get a second working holiday visa. So we were apart for the first 4months of our 12months partnership. I do have records of visiting her in SA and the phone calls every night. On her return we moved into a place togeter and have the lease to show 8months together .I guess we could wait another 4months but I'm really concerned the requirements are always changing and I don't want to get caught out by some policy change so want to get things moving if possible.....any thoughts?

2. We will need to obtain police clearances from Korea for my partner. Has anyone had experience of this? Whats is the best way to get it translated and certified?

3. I will apply for a Police Check from the UK later today. I think there might be a couple of minor cautions on there from my younger days (no jail time or anything too real serious!). Could this be an issue?

4. I left Austalia 20months ok for a 3month break in the UK. Could this be an issue. Do I need two years coninuous stay in Australia to apply for a 856?
Hi Algun,
It's good that you've found the forum a help and it continues to grow with more and more people posting their experiences, especially when they have been prepared to do some self research like it appears you have.

I'd not expect you'll have any problems with getting permanent residency one way or another and getting to your partner last, time of preparedness may get you the extra 4 months, ie.

The 856 will give you top priority as far as application processing goes and of course you'll need your employer to be prepared to go ahead with that and they'll need to get approved and have a nominated position approved also - will take them some time and they may decide to use an agent [ a possible advantage for you, re your break ].

Employer Nomination Scheme (Subclass 121/856) does have an eligibility requirement of
Quote:
•have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
and so if you do not have the full two years up because of the break, it will be questionable whether you would meet that - that's where an agent if used by employer may be able to advise - perhaps if you have been with the one employer before/after the break, it could be considered as extended leave.

Alternately, the other way you could be eligible would be via
Quote:
•have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
So if you have already had your qualifications assessed, not a problem and if not, it'd probably be an advantage for future employment options.

So one way or another, a bit of time needed re consultation with employer/agent and if need be IEA assessment [ 3-4 months for that ]

If you do have your qualifications assessed already or intend to, you'll also have the option of considering an independent skilled application whilst
continuing on a 457.
As you've alluded to, there are changes being made to regulations - What's New? Recent Changes in General Skilled Migration but for highly skilled people such as engineers, the CSL still exists and it'll be replaced in some part by State Management Plans as far as priority given.

Re getting documents translated [ and your partners birth certificate as well as any others required by the application will also need translating/certifying ] - the applying for this visa section for any visa -
Employer Nomination Scheme (Subclass 121/856)
has relevant info - Welcome to NAATI you'll find for translations and with police checks you'll also find a link on http://www.immi.gov.au/skilled/skill...-checklist.pdf to a section that gives contact details for overseas and AFP check purposes - the Checklist being the ultimate tool for DIY processing

But start with Employer Nomination Scheme (Subclass 121/856) and explore.

You may find that NAATI do not list anyone for Korean services [ a bit surprising that and perhaps a future employment prospect for your partner! ] but a google for Korean Translation Services will get you Korean language translations in Sydney, Melbourne, Brisbane, Perth, Adelaide. We translate Korean documents. amongst others to check on costs etc.

You'll find that you have to be a fairly serious criminal type to have a visa refused and earlier age minor infringements are not likely to be an issue.

So with getting an application organised [ including Korean documents obtained/translated/certified ] you could have that four months extra together.

If you're ready earlier, your partner can be on your application as a family member - Employer Nomination Scheme (Subclass 121/856) and though nothing is specified there a look at relationship info - Australian Immigration Fact Sheet 35. One-Year Relationship Requirement and the CAQ will show that some allowance can be made for separations.





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