Help on Visa Selection - Working holiday, skilled worker, or other?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Help on Visa Selection - Working holiday, skilled worker, or other?


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-31-2010, 01:33 AM
Active Member
 
Join Date: Feb 2010
Location: USA
Posts: 38
Please update your flag here .

Help on Visa Selection - Working holiday, skilled worker, or other?

I've been doing a lot of information gathering on visas, and I have a few questions about what legally is the best option for me to pursue given my situation.

Here's what I've got going on:

I'm a US citizen whose boyfriend lives in Australia. We've met, things have gone well with us, and I'd like to move over to Australia for a period of time and get a chance to live together before we get engaged. We both know that we want to go the engaged and married route, but I'd like a chance to 1) get to know the country more, and 2) get more in-person time together.

My original thought was to get a working holiday visa, enjoy a year in the country traveling around and getting time with my boyfriend, and then see where it goes from there. My problem is two-fold with this: 1) I'd have to leave Oz to lodge the fiancee visa; and 2) they require you to confirm you don't plan to permanently stay in the country. Or at least, that's my understanding.

Obviously they'll pull my records when we apply for the spouse visa, and I don't want to be caught in a lie, but I have no intention of being outside of the law.

So my next thought is to apply for the skilled migrant (subclass 175) visa, and see from there. But with a 6 month or more wait, it makes me leery that I'll apply and it'll take a year to clear, if I can clear. Since I do handle accounting/money, I think I could make it, but you never know, ya know?

My boyfriend and I will have been in our relationship for over a year come this fall, and I was going to come out in December-ish if possible.

Given my circumstances, which visa would help my situation more? Any help or thoughts are greatly appreciated.

Whew... sorry for the novel! Thanks for reading/advice!


  #2 (permalink)  
Old 05-31-2010, 03:40 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Quote:
Originally Posted by Silviar View Post
I've been doing a lot of information gathering on visas, and I have a few questions about what legally is the best option for me to pursue given my situation.

Here's what I've got going on:

I'm a US citizen whose boyfriend lives in Australia. We've met, things have gone well with us, and I'd like to move over to Australia for a period of time and get a chance to live together before we get engaged. We both know that we want to go the engaged and married route, but I'd like a chance to 1) get to know the country more, and 2) get more in-person time together.

My original thought was to get a working holiday visa, enjoy a year in the country traveling around and getting time with my boyfriend, and then see where it goes from there. My problem is two-fold with this: 1) I'd have to leave Oz to lodge the fiancee visa; and 2) they require you to confirm you don't plan to permanently stay in the country. Or at least, that's my understanding.

Obviously they'll pull my records when we apply for the spouse visa, and I don't want to be caught in a lie, but I have no intention of being outside of the law.

So my next thought is to apply for the skilled migrant (subclass 175) visa, and see from there. But with a 6 month or more wait, it makes me leery that I'll apply and it'll take a year to clear, if I can clear. Since I do handle accounting/money, I think I could make it, but you never know, ya know?

My boyfriend and I will have been in our relationship for over a year come this fall, and I was going to come out in December-ish if possible.

Given my circumstances, which visa would help my situation more? Any help or thoughts are greatly appreciated.

Whew... sorry for the novel! Thanks for reading/advice!
There's quite a bit to happen in next month or so re introduction of changes for skilled migration regulations and you'll really need to assess where you'll stand re eligibility and priority.
You ought to check http://www.immi.gov.au/skilled/gener...ccupations.pdf , A-Z Occupations List - Australian Skills Recognition Information as a guide by occupation to qualification assessment, the first requirement for a 175 to be successful and it'd be best to wait until Immi have their new SOL produced.
Meanwhile, http://www.immi.gov.au/skilled/gener...processing.pdf and Client Service Charter are worth a look to give you an idea of priorities and times.
It could be a ways past Decemberish 2011!

If you are eligible for the US W & H program, that'd be my approach and I'd not be too concerned about not staying in Australia questions on an application for it is there it'll be so because you're applying for a temporary visa and to see that the visa you apply for is the right one for your intent.
In Australia it is accepted that people may change their mind and the question is really a bit superfluous when you think about it but that's the government bureaucracy way.

So you are in Australia for 12 months, get a job hopefully and in a relationship and perhaps no need to leave Australia to apply for a further visa unless the W & H visa has a No Further Stay condition put on it and the WHV417s don't and I'd expect it to be the same for the 462 even though there is not the second visa option as with the 417.

If you're in the relationship from go to whoa for the 12 months, you could apply for a partner visa on the last day [ which is kind of borderline and risky given you're kind of just making the 12 months ] .
What some people may do in that situation is with your visa having about a week to go, you jump on a plane to NZ or wherever is closest/cheapest depending on where in Oz you'll be.
If NZ, make sure you do not leave it until last day for they have a requirement of you needing an onward flight to a country you have a right of entry to and so that can get messy seeing you'll be needing to apply for an ETA there.
But if NZ and you go a few days at least before your visa expiry, you go online, get the ETA - Electronic Travel Authority (ETA) - Online Applications and fly back.

You could be asked of your intent seeing as you have just had 12 months in Australia and Immi would be particular concerned to make sure you were not intending to do some more work [ not allowed on an ETA ] so leave any work references back in Australia before you leave for NZ and if queried, it's OK that you still have a few places you want to see [ and it'll not hurt to have thought about what they might be ] .

So you have the chance to spend a bit more time together and get yourself clearly past the 12 months for a partner visa and so apply onshore and you will be issued with a bridging visa.
It means you cannot work until you get the partner visa but at least the higher risk of refusal has been removed.

Another approach depending on where Bf is based is that it may be possible to register your relationship and if you can do that, the 12 months is waived but you'll still need evidence of a relationship.
The ACT, Victoria and Tasmania had legislation in place for relationship registration [ a defacto marriage certificate ] from last November, NSW may be close and you'll just need to check.

A further string to your bow if you are qualified in accountancy will be to seek an employer sponsorship - top priority re skilled visas and a temporary residency 457 is for up to four years and so ample time for you.
At some stage, you can approach your employer [ and if you have at least three years of experience, they may be prepared to do it straight away ] re sponsoring for permanent residency via the ENS.
Employer Sponsored Workers - Workers - Visas & Immigration





  #3 (permalink)  
Old 05-31-2010, 04:28 PM
Active Member
 
Join Date: Feb 2010
Location: USA
Posts: 38
Please update your flag here .

Thank you, Wanderer, your information has been extremely helpful. I think the hardest part now will be figuring out the partner visa intricacies - more research, here I come.


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 06-05-2010, 05:54 PM
Active Member
 
Join Date: Feb 2010
Location: USA
Posts: 38
Please update your flag here .

Quote:
Originally Posted by Wanderer View Post
Another approach depending on where Bf is based is that it may be possible to register your relationship and if you can do that, the 12 months is waived but you'll still need evidence of a relationship.
The ACT, Victoria and Tasmania had legislation in place for relationship registration [ a defacto marriage certificate ] from last November, NSW may be close and you'll just need to check.
Hey, I checked the NSW registration, and the measure passed, with the registration to be expected to fully start in July.

A few quick questions about relationship registration:

1) Would registering our relationship hinder my Working Holiday visa?
2) It appears registering would help with a partnership visa. Yes?

Thanks in advance!


  #5 (permalink)  
Old 06-05-2010, 11:12 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Quote:
Originally Posted by Silviar View Post
Hey, I checked the NSW registration, and the measure passed, with the registration to be expected to fully start in July.

A few quick questions about relationship registration:

1) Would registering our relationship hinder my Working Holiday visa?
2) It appears registering would help with a partnership visa. Yes?

Thanks in advance!
The NSW legislation is not only well advanced but compared to the Vic. legislation it does seem more flexible in requiring only one person to reside in NSW - http://www.bdm.nsw.gov.au/PDF%20form...tionships1.pdf

I'm not sure if their intent was to allow for just interstate relationships or also for relationships of someone in NSW with a person abroad.

In your case if you get a WHV, I'd still do that first and come to Australia and then leave it until you had been here for at least 6-9 months, just allowing time for the registration and then still get a partner visa application in if you choose to follow through.

Even though the 12 months relationship is waived by marriage or a relationship registration, Immi still do require sound evidence of a relationship existing and so try to rush the partner visa too quick and even get a registration after two short a period and it'll not look quite as well as taking your time in which you can get together more evidence.





  #6 (permalink)  
Old 09-03-2010, 01:33 PM
Active Member
 
Join Date: Feb 2010
Location: USA
Posts: 38
Please update your flag here .

Ok, sorry to resurrect an old thread, but I thought it'd be useful given my next question (so everyone is on the same page).

I've decided to apply for the WH visa, and it'll be taken care of, no worries. My only question is about the No further Stay condition. If things are still going well, we were planning on getting married and then applying for the spouse visa (since that would give us right to waive the 12 months as well). BUT... if NFS condition is there, can we still apply for spouse/defacto visa?

I've tried googling and searching Immi's site, but haven't had much luck finding out specifically which visas are allowed and more concrete explanation past the 2-3 sentences listed pretty much everywhere.


  #7 (permalink)  
Old 09-03-2010, 04:08 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Quote:
Originally Posted by Silviar View Post
Ok, sorry to resurrect an old thread, but I thought it'd be useful given my next question (so everyone is on the same page).

I've decided to apply for the WH visa, and it'll be taken care of, no worries. My only question is about the No further Stay condition. If things are still going well, we were planning on getting married and then applying for the spouse visa (since that would give us right to waive the 12 months as well). BUT... if NFS condition is there, can we still apply for spouse/defacto visa?

I've tried googling and searching Immi's site, but haven't had much luck finding out specifically which visas are allowed and more concrete explanation past the 2-3 sentences listed pretty much everywhere.
The NFS condition would prevent you from applying for another visa but what you could always do is still get married or seek a relationship registration and get all your partner paperwork in order [ FBI checks taking about 9-10 weeks apparently ] and consider a New Zealand honeymoon/holiday and put in your partner application there on arrival.
Some people have been lucky in getting applications submitted there done fairly quickly.
If you need to resort to that, just do not leave it until the last day of your W&H visa as to go to New Zealand you'll need a return flight to a country you have a right of entry to and so with the W&H visa still current, you could get an ETA there for coming back while the partner visa was being processed if that was necessary.
You could do the same thing to one of the Pacific Island nations or asia if wanting other choices and not an issue re the flight out.
I see with the US version of the W7H visa there's also a restriction on applying for other skilled visas even without a NFS condition, so I mislead you earlier.





  #8 (permalink)  
Old 09-03-2010, 04:46 PM
Active Member
 
Join Date: Feb 2010
Location: USA
Posts: 38
Please update your flag here .

Quote:
Originally Posted by Wanderer View Post
You could do the same thing to one of the Pacific Island nations or asia if wanting other choices and not an issue re the flight out.
I see with the US version of the W7H visa there's also a restriction on applying for other skilled visas even without a NFS condition, so I mislead you earlier.
Yeah, I had just noticed that myself (no worries about the misleading, I know you weren't trying to ).

You know, I don't know if I should even be concerned about the NFS so much, but it just seems so freaking ridiculous that I should have to potentially jump out, get an ETA, and put in the partner app if/when I get married. Urgh. >.<

And by the by - Wanderer, thank you so much for all of your help. I see how much effort you put into helping people understand all of this, and I can't thank you enough for the service that you do.


  #9 (permalink)  
Old 09-04-2010, 12:05 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Thanks for that Silviar and yes the NFS and some of the other regulations like the onshore/offshore regimen can be a bit of a pain for many and it is wondered why they are there many times.
All I can say is that the immigration regulations and the immigration is a bit like legislation for the masses in all sorts of areas, think the military for instance and the principle is applied of here's a regulation to adhere to and we're not going to have flexible ones that could lend themselves to chaos.
For the W&H , I imagine that is different to the standard WHV merely because of the horse trading that was done by the bureaucrats in establishing the conditions between US and Australia.





Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Working on a working holiday visa Ghostzapper Jobs and work 11 12-14-2011 08:28 PM
Skilled worker visa Dylanj08 Visas and immigration 1 04-24-2011 09:37 AM
Spouse Visa and also a Skilled Worker Adyhottie Visas and immigration 1 02-19-2011 01:22 PM
PHD VS Skilled worker migration sunny Education 2 01-26-2010 06:34 AM
from working holiday visa to skilled migration ? jak9966 Visas and immigration 2 01-01-2010 03:21 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 04:02 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com