457/e676 help!!!

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457/e676 help!!!


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Old 07-05-2010, 05:01 PM
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457/e676 help!!!

First post here and I really need some advice.
My wife and I want to move to tasmania as we have friends there and fell in love with the country on a recent visit.
The problem is being 30 I can get a whv for a year to find a employer to sponsor me. My wife is 33 so would have to travel on a e676 tourist and not work, but possibly find a sponsor. This is not really a issue. The problem is if the e676 has the claus no further stay attached. Can I still get sponsored with my wife then able to stay and work under my visa or does she have to apply as my partner. This is the part Im not sure of.From what Ive read the partner of a 457 visa holder can reside and work in aus.But do they apply for there own visa? If not then the clause would not count. If they do how would we get round it.

Please help.


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Old 07-06-2010, 04:16 AM
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Quote:
Originally Posted by Si&jen View Post
First post here and I really need some advice.
My wife and I want to move to tasmania as we have friends there and fell in love with the country on a recent visit.
The problem is being 30 I can get a whv for a year to find a employer to sponsor me. My wife is 33 so would have to travel on a e676 tourist and not work, but possibly find a sponsor. This is not really a issue. The problem is if the e676 has the claus no further stay attached. Can I still get sponsored with my wife then able to stay and work under my visa or does she have to apply as my partner. This is the part Im not sure of.From what Ive read the partner of a 457 visa holder can reside and work in aus.But do they apply for there own visa? If not then the clause would not count. If they do how would we get round it.

Please help.
A NFS condition will count and if your wife had one on a tourist visa and you had her down as a secondary applicant on your 457 application you would likely put that application in jeopardy for with applications involving more than one person, just one person not meeting the requirements can cause rejection of the visa.

There is a waiver application provision for a NFS condition, compelling and compassionate grounds and you would be best to at least try and get the waiver first - Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"
Anecdotal evidence is that the condition is not often lifted.

But yes your wife can make a separate application - a link @ Employer Sponsored Workers (e457) - Online Applications for a secondary application but not with a NFS and the way around that will be for your wife to either get an ETA in the first place - Electronic Travel Authority (ETA) - Online Applications and possibly OK if you are hopeful of applying for sponsorship within three months of the WHV starting or your wife arriving on the ETA.
I say possible for whilst a 457 can be applied for onshore, the secondary applicant eligibility - Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
Quote:
As a primary Subclass 457 visa holder, the following people may apply to accompany and stay with you in Australia as secondary visa holders:
and hopefully the to accompany and stay can be considered as alternate as well composite.
So you could look at applying a few options:
. you go ahead a bit earlier on the WHV and your wife follows later
either when you have sponsorship or on an ETA once you have applied.
. if she goes at the same time as you on an ETA [ and she may be questioned at the airport re using appropriate visa ] so perhaps she is prepared to consider a shorter visit to Oz. and also wants to see New Zealand [ Tasmania is Australia's New Zealand ] and will need a trip somewhere at end of three months if you have not got a sponsorship application in.
. if she goes on a tourist visa that'll likely have a NFS, then without a waiver it'll need to be a trip out if you have a 457 application to put in and she'll either need to leave before you put the application in with her as secondary and re-enter on an ETA or wait until the 457 has been granted [ a few weeks to a few months ] .
Alternately, once the 457 was granted without her, she could head to NZ and maker her 457 partner application from there, an online application and possibly granted reasonably quick so she could either sit it out there or get an ETA to return on, either doing her 457 application there or on return.

The other thing to be aware of is that in travelling to NZ, they have a requirement for people to have a flight out booked to a country for which they have a right of entry to so she should not leave heading to NZ until last day or two of a tourist visa.
Another aspect to take care of with applying for an ETA is EU/UK passport holders will have an online application default to an eVisa but they can still get them via a travel agent.
I imagine she like you will be looking at a one way ticket and that will also draw attention to intent but intending to visit NZ and have an uncertain return date is reasonable.
Welcome to AirAsia.com, The World's Best Low-Cost Airline have cheap one way flights Stansted>KL>Melbourne and then tigerairways are cheap across to Tassie.
If you're still a youngish 30 and have sufficient months, if you initially do three months regional work or WWOOF Australia you could qualify for a second 12 months to be tacked on to the first 12 months if you do the three months and apply before turning 31 - will then give you that extra time to find a sponsor .
Your wife can do wwoof too.
Have you checked the ENSOL list to see if you match to something?





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