PR application

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PR application


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Old 01-10-2011, 06:03 AM
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PR application

My partner has a 457 visa in Australia and is planning to apply for PR. She also wants to include me in the application as defacto partner. However her 457 visa will expire this coming Feb 7th 2011 and she is still waiting for her nomination for the PR lodging. The immigration has told her that her option is to apply for bridging so as to extend her stay while waiting for the nomination. Our concern is that bridging visa must be applied within Australia. I am now currently in teh Philippines and has no eligible visa to be in Australia. It says that i can be included in her 457 bridging visa only if i am in Australia. Do we still have other options? Hoping for any advice.


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Old 01-10-2011, 11:33 AM
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Having a look @ http://www.immi.gov.au/allforms/pdf/1024i.pdf , perhaps in her case it is a BVE that she could apply for if she is not ready to apply for the PR visa before the 457 expires but I would get some thorough advice from an agent on the situation as Immi are there just to process applications more so than issue specific advice.
She may even be better to see if an extension of the 457 is possible.

When it comes to a partner, no matter what kind of visa is involved, there are eligibility requirements and the visa holder has been in Australia for a lengthy period and you in the Philippines, your eligibility could be questionable and if you attempt to be included as a secondary applicant and are refused, that could then jeopardise the primary applicant's application.
Something else that some very specific advice should be obtained on.





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Old 01-10-2011, 01:10 PM
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Regional Sponsored Migration Scheme(Subclass 119/857)

Hello Wanderer,

I'm new here in forum. I just read your advise that are very helpful. Could you also help us to clarify about the Subclass 857 Visa. To give you some background about us. My husband was offered by his employer for a permanent resident visa but we need to exit because his previous 457 Visa was canceled for 3 months and he is not qualified for an onshore application. Also my husband was working in Australia for more than 5 years, 4 years in NSW and almost 2 years in Victoria. I also work there in Australia for 2 years and my 2 kids studied there for 2 years as well. Luckily his employer in given him a chance to apply for permanent resident visa(Subclass 857) for our family. We have an agent who advised us to leave or exit Australia because my husband is barred 48 according to him. So its been almost 3 months from the time that we exited Australia.And according to our agent as soon as we go back to our country he will lodge our application. But until now my agent don't have a feedback from the immigration about the development of our visa according to him.So in your knowledge, how long we will stay here in the Philippines to wait for the approval of our visa?Thank you in advance for your help.


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Old 01-10-2011, 10:54 PM
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Hopefully, your family did not remain in Australia without any visa if that is what your agent means by barred 48, for if you did remain without a visa, Immi will certainly not see that as being very good.

Bans on people entering Australia are usually in place re visits on temporary visas and so if your husband has all eligibility requirements for an offshore 857 visa and the employer likewise, then an application may be OK.
Details @ Skilled Workers Permanent Visa Options- Employer Sponsored Workers - Workers - Visas & Immigration
Immi may look more closely at the operation of the employer, his eligibility and the position nomination if he is the same employer that had sponsored your husband on the 457 and so that may account for some delay.

Whereas using an agent costs a heap of money and sometimes services including communication may not always be as desired, why not just ask the employer whether he has approval for the position nominated and then you could consider your husbands eligibility.





Last edited by Wanderer; 01-10-2011 at 10:58 PM.

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Old 01-11-2011, 03:37 AM
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Decision ready checklist - Perth

Hi Wanderer
I am applying my 885 evisa and wondering if there are any registered migration agents in Perth willing to provide a decision ready checklist with my application?
I am a recent graduate of architecture with a job offer (to start work in 1 weeks time).
Have all documents ready, just need the DRC?
Can you assist or refer to any agents in Perth willing to assist?
Awaiting your reply
Seanyboy


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Old 01-11-2011, 12:12 PM
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Nope, don't know of any agents in Perth nor whether the DRC approach is somrthing that Immi will be continuing with for as I understand it may have been an interim arrangement being done from Brisbane office prior to SMPs being finalised.





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Old 01-12-2011, 03:15 AM
zsa zsa is offline
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Hello Wanderer,

Thanks for the immediate response. One more question, do you know in our case how long is the processing of a Subclass 857. Thanks again and all the best!


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Old 01-12-2011, 04:38 AM
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You can check on Client Service Charter for a guide but there can always be variances.





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Old 01-18-2011, 01:23 AM
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Quote:
Originally Posted by Wanderer View Post
Having a look, perhaps in her case it is a BVE that she could apply for if she is not ready to apply for the PR visa before the 457 expires but I would get some thorough advice from an agent on the situation as Immi are there just to process applications more so than issue specific advice.
She may even be better to see if an extension of the 457 is possible.

When it comes to a partner, no matter what kind of visa is involved, there are eligibility requirements and the visa holder has been in Australia for a lengthy period and you in the Philippines, your eligibility could be questionable and if you attempt to be included as a secondary applicant and are refused, that could then jeopardise the primary applicant's application.
Something else that some very specific advice should be obtained on.
I called immi about this and they told me that as the primary applicant, you would have an option to remove your partner if immi does not find sufficient evidence to prove the de facto relationship.


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Old 01-18-2011, 05:48 AM
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Sometimes information can get muddled in telephone discussions and so that's why there'll always be cases specific advice is needed and Immi are not there to be specific advisors.





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