Australian Skilled Migration Visa - Megathread

Eamonn2010 · 09-10-2014 10:24pm

Further question if anyone could assist...

if your skills aren't on the Skilled Occupation list, but you still meet the skilled migration points requirement (according to the acacia calculator I should get 70 points) are you guaranteed to get a visa?

thanks

wet sand · 14-10-2014 7:13pm

Eamonn2010 wrote: »

Further question if anyone could assist...

if your skills aren't on the Skilled Occupation list, but you still meet the skilled migration points requirement (according to the acacia calculator I should get 70 points) are you guaranteed to get a visa?

thanks

No. To be eligible for a skilled migration visa, it's a requirement that you receive a positive skills assessment.

Sundy · 15-10-2014 4:47am

vibe666 wrote: »

I've started to look into another possible option, which would be (as an IT contractor currently) doing the same thing in Oz, through an umbrella management company that would sponsor me on a 457, assuming I can find a contract with a daily rate over $400 a day, which I don't think would be too difficult from what I've seen given my skillset.

it seems to be much much quicker (approx. a month start to finish once I can find myself a contract), although the downside money wise is that the tax is quite high, but i don't know if it would be much higher than here or a perm position there?

the good news with that though is that when we are ready to go, we could get there in the space of a month or so from start to finish, it's just not *quite* time for that yet, we'd like to spend one last xmas here and have all the family together before we head off and there are a lot of family visits outside of that we'd need to make here and in the UK first.

the other thing is that if/when i decide to make a more permanent move, I'd still have to go through the process for a 189 visa to get PR there and I'm not sure what the situation would be if my ANZSCO code was off the list by then?

If your ANZSCO was off the list then unfortunately there would no possible route for skilled independent PR, if you were here and were sponsored you could hopefully get your employer to nominate you for PR.

To be honest if you could get the PR visa I'd go for it. Being on a 457 isn't all that especially if the economy is a bit shaky like it is now.

Sundy · 17-10-2014 1:50am

Got my grant this morning, pretty stoked!

Thanks for anyone who offered advice or answered questions.

jackbhoy · 08-11-2014 4:12am

Submitted my skills assessment application to ACS last Friday lunchtime, got a positive result less than one week later. I was expecting to be waiting until after Christmas for this, hope rest of application goes as smoothly

imagine_08 · 13-11-2014 1:31am

Hi All

My Australian journey has been a plethora or Visa stress.

I have a query that I hope you guys can answer.

Situation - Currently on a 457 visa. This is my second employer on this visa. I did one year with a company then changed employers. Currently 11 months with this employer so still over a year away from applying for 186 via Temporary Residence Transition stream.

I have been approached by another company. They are willing to take over my sponsorship but I am not too keen on having to start over for a third time on a 457.

My question is, can this new company sponsor me on a 186 visa through Direct Entry stream ? If so can I work whilst the application has gone in? Do I need to get them to take over the 457 visa 1st in order to work with them?

Any information would be much appreciated.

Sean

Mellor · 13-11-2014 2:20am

imagine_08 wrote: »

My question is, can this new company sponsor me on a 186 visa through Direct Entry stream ?

Yes. As long as you meet the requirements for Direct entry. And the position does also.

If so can I work whilst the application has gone in? Do I need to get them to take over the 457 visa 1st in order to work with them?

You continue to work for the first company while the 457 is processing.
Or the new company could take over the 457 (paying the costs involved), and then lodge a separate 186 application.

You could also apply for the 186 visa. And then leave the first company. You will get a bridging visa while the 186 is being decided.
It should be possible to work while on this bridging visa, especially if you can prove that you need to pay bills.
Where you can go ahead and get a job, or whether you need to apply for permission depends on the bridging visa type (eg: Bridging visa A or Bridging visa E)

que pasa · 19-11-2014 6:51am

Is it hard to get a second working holiday visa?

I fulfill the three month work requirement rule. However, it's over 9 years since I was in Oz and I don't remember my tax number or what bank I was with.

I have the employers details but unfortunately it was only cash in the hand so I have less evidence to provide emigration with.

I know a guy who knew a guy who got the visa even though he had only done two weeks on an orchard?

Sounds too good to be true.

lalala85 · 02-01-2015 12:31pm

I am thinking of quitting my job and moving to Australia at some stage in the summer. I have found these forums to be extremely useful in providing information.

My main concern in moving to Australia is that I would be quitting a very well paid job in Ireland and I have yet to decide whether or not moving is a mistake. I know my family will think I am mad!!!

Ideally, I would like to have a job lined up first before applying for a visa. I have been sending out my C.V. to companies. However, so far, all of my applications have been unsuccessful. Moreover, recruitment companies do not seem to want to deal with me as soon as they learn that I do not hold a visa to work in Australia.

Hence, my question is as follows, has anyone been able to successfully obtain a job in Australia before obtaining a visa or have most people first obtained a visa and then looked for a job after??

Not only would I prefer o hae a jo line up for in ou here, I also would prefer o oain on of hose sponsorship visas so ha I am no limit in working in a plae for a maximum of six months.

Help!

DeclanClune · 05-01-2015 4:36pm

Hi there lalala85,

It is possible to secure a sponsor before leaving here but it really does depend on your occupation - there are very few occupations now where employers will be willing to sponsor someone from half way around the world that they have not met or worked with before. That assumes that you have the work experience (and qualifications) they are looking for to start with.

By applying for a sponsorship visa, the employer has financial and legal obligations that he needs to comply with.

If you compare this to someone who holds a permanent residency visa, the employer has no financial or legal obligations that he needs to abide by. So from an employer's perspective, he is far more likely to hire someone who holds a skilled visa over someone that he needs to arrange a sponsorship visa for.

You will find that securing a job holding a skilled visa is very different to the tonnes of knock backs that people get when trying to get a job under a sponsorship visa.

Some other points to bear in mind

The working holiday visa that you mentioned also has limitations in terms of the amount of time that you can work with any one employer (6 months - like you mentioned) and it lasts for a maximum of 12 months so it can be difficult to secure something from a career perspective.

The sponsorship visa ties you to that employer. If you want to switch jobs, you will need to find a new sponsor willing to sponsor you and pay fees again.

The skilled visa also has its downside in that it is more expensive than the other visa types and it takes about 8 months to be processed but once it is granted, it is a lifetime visa allowing you to work for whatever employer you want (in your occupation). Securing employment is significantly easier if you hold a skilled visa.

In short, unless you have contacts from family / friends or have already worked for an employer before, you could find it difficult securing sponsorship whereas the skilled visa puts you in charge of your own destiny.

You didn't advise your occupation or other details and I guess you want to remain anonymous for personal reasons so feel free to send me a private message if you have more detailed questions.

Regards,
Declan Clune

Squeakf99 · 14-01-2015 5:10am

Hi all,

Very helpful forum. Has anyone here used true blue migration? They have a no visa no fee policy. I will be applying for Victoria state nomination 190 visa as life scientist nec. I submitted my skills assessment with Vetassess 9 weeks ago and I will sit IELTs in 3 weeks.

I live and work in Qld with my partner (both on WHV) since July. I will be applying from QLD. The Victorian state nomination website states you need a job offer but when I called they said it's not completely necessary as long as I convince then I want to live there. So I will write a letter with friends address and number in Melbourne (who I will live with) and a list of jobs applied for and a contract from my current job stating that I will finish in March and my employers number to confirm this.

True blue have quoted me 2200 despite the fact that I've done a huge amount of it already.
Any suggestions??? Or has anyone used True Blue before. I really want this PR visa but don't want to risk doing the state nomination part alone in case I don't get it but it's a lot of extra money.

Sarah

irishmover · 14-01-2015 9:54am

There's not really much they'll help you with. Nothing that warrants $2200. My advice is avoid any migration agent and research anything you need yourself. I'm sure there's someone here who has done the 190 visa before, I've completed 189 so I might not be as useful as others.

You're already half way there anyway.

Squeakf99 · 14-01-2015 10:20am

Hi Irish mover,

Thanks for your reply. I do think this is crazy high money. I do think it will be very difficult for me to get state nomination for Victoria while in QLD with no job offer in Victoria. So this "no visa no fee" is quite appealing.

I have contacted 4 agents. True blue quoted me thi another gave me wrong information, another said she doesn't do skilled migration visa and the other gave no response.

I cannot afford to give up my job and move to Victoria now in case I cannot get another job there. I have been trying but it's so hard on a WHV. I guess I hope the agent can get me the nomination even though I'm not there yet.

irishmover · 14-01-2015 10:50am

Squeakf99 wrote: »

Hi Irish mover,

Thanks for your reply. I do think this is crazy high money. I do think it will be very difficult for me to get state nomination for Victoria while in QLD with no job offer in Victoria. So this "no visa no fee" is quite appealing.

I have contacted 4 agents. True blue quoted me thi another gave me wrong information, another said she doesn't do skilled migration visa and the other gave no response.

I cannot afford to give up my job and move to Victoria now in case I cannot get another job there. I have been trying but it's so hard on a WHV. I guess I hope the agent can get me the nomination even though I'm not there yet.

Well mind me asking what it is that they have outlined that they will do for you? I'm interested in knowing.

Also, you're certain that 190 is the visa you will be applying for? Is that due to your occupation not being on other lists? Or maybe a points issue? If you can apply for the 189 my suggestion is to definitely go for that one. It's reasonably straight forward and doesn't distinguish between States.

Edit: Nevermind, I see Life scientist nec is on CSOL and not on SOL.

DeclanClune · 14-01-2015 11:05am

imagine_08 wrote: »

My Australian journey has been a plethora or Visa stress.....I have been approached by another company. They are willing to take over my sponsorship but I am not too keen on having to start over for a third time on a 457.

Hi Sean,

The 457 visa requires you to work for the sponsoring employer only. As you know you need to apply for a new visa if you want to join a different employer.

The employer can end this sponsorship at any point in time so in a way, your visa and your performance / relations with your employer are connected.

Also under the 186 direct entry stream for the ENS visa, you must have a job offer from the employer for at least 2 years for that application.

To give you an alternative, you could consider the 189 or 190 skilled visas which are independent of any employer. They give you permanent residency for Australia and allow you to work for whichever employer you wish. So you'd have a lot more freedom under either of these visas and you control your own destiny - not your employer. On the flip side, it would mean that you would cover the costs of the visa yourself (approx EUR 6K if using an agent). The processing time takes about 8 - 10 months so you could remain working with your existing employer (or get sponsored by the new employer) while waiting for the 189 or 190 visa to be granted. But you have the freedom to pick and choose what employer you want to work for and may give you more options from a career perspective.

If you have any questions, let me know.
Regards,
Declan Clune

Squeakf99 · 14-01-2015 11:52am

irishmover wrote: »

Well mind me asking what it is that they have outlined that they will do for you? I'm interested in knowing.

Also, you're certain that 190 is the visa you will be applying for? Is that due to your occupation not being on other lists? Or maybe a points issue? If you can apply for the 189 my suggestion is to definitely go for that one. It's reasonably straight forward and doesn't distinguish between States.

Edit: Nevermind, I see Life scientist nec is on CSOL and not on SOL.

Hi,

Your right my occupation life scientist nec is not on SOL (required for 189 visa) but is on the CSOL (for 190 visa).

I have 50 points now (30 for age and 20 for Phd). I hope to get at least 10 points for IELTS and I will get another 5 for state nomination but I don't think I will need these points. The quote of 2200 is for advise on visa type, skills assessment, IELTS and state nomintaion application. It doesn't include the EOI application.
They wouldn't even offer a discount considering I will have done the bulk of it myself.

This is my only hope of a PR visa so I find it quite risky to go alone. I would do a 189 alone but 190 when I'm not in the state and don't have a job offer will be hard to get.

Has anyone here got a 190 without a job offer? I will have a look through the other threads.
Thanks folks

DeclanClune · 14-01-2015 11:54am

Hi Squeak99,

As a Life Scientist NEC, Victoria state is currently your only option for skilled migration. The 189 visa does not have Life Scientist NEC on its demand list.

As your skills assessment was submitted 9 weeks ago you have another 3 weeks or so remaining before you receive the result for this.
The occupation they assess you as is crucial because this will actually determine your available options on where you can apply.

Note that according to the Victoria state requirement - if you are in another state, you must have a job offer in their state in order for the nomination to be approved successfully - so I would query their advice more first before you go giving up your job in QLD.

Note that with TB, they are not guaranteeing to refund all your fees - only those that are paid to them. Fees for a state nomination or visa fees to DIBP are not refunded.

Being honest, any sensible migration agents worth their salt would not take on a case in the first place unless they felt sure of your application going through successfully in the first place. If it didn't then most would also consider refunding fees too. So i would not be overly influenced by the "no visa no fee" advert. I would read the small print to see what exactly would be refunded to you. We always carry out free assessments first before taking on a file to ensure that we can actually help the customer in the first place.

If I can be any more help, let me know.

Thanks
Declan Clune

irishmover · 14-01-2015 12:36pm

Squeakf99 wrote: »

Hi,

Your right my occupation life scientist nec is not on SOL (required for 189 visa) but is on the CSOL (for 190 visa).

I have 50 points now (30 for age and 20 for Phd). I hope to get at least 10 points for IELTS and I will get another 5 for state nomination but I don't think I will need these points. The quote of 2200 is for advise on visa type, skills assessment, IELTS and state nomintaion application. It doesn't include the EOI application.
They wouldn't even offer a discount considering I will have done the bulk of it myself.

This is my only hope of a PR visa so I find it quite risky to go alone. I would do a 189 alone but 190 when I'm not in the state and don't have a job offer will be hard to get.

Has anyone here got a 190 without a job offer? I will have a look through the other threads.
Thanks folks

Well this is the thing, a migration agent does not influence case officers nor guarantee acceptance in your circumstance. Realistically the chances of getting your visa accepted with or without a migration agent will not differ enough (most likely not at all seeing as you're capable of understanding how to do your Skills Assessment solo) to warrant paying them obscene fees.

You'll essentially be paying them to submit your visa and tell you a bunch of information you easily could find on the immigration website or calling through to the Victorian immigration.

That's just my opinion on it. I suggest asking immigration regarding having no job offer, but what your plans are if you were to be approved, will be more beneficial, and importantly a fraction of $2200 to achieve.

DeclanClune · 14-01-2015 1:15pm

I agree with Irish Mover.

I would contact Vic Immigration first to confirm whether your application is going nowhere without a job offer in Vic State.
I would not use the reason why you want to move as being life scientist NEC only appears on Vic State shortage list. It isn't a convincing reason as to why you want to move there.

I would probably research a number of open vacancies in your occupation (within Life Scientist NEC) and also use your friends / contacts living there as your primary reasons for wanting to move there. Remember though that the immigration officer you speak with may have a different opinion compared with the guy that would be reviewing your state nomination application. So there is no guarantee but at least you will get a good guide on whether they will accept your application without a job offer.

AUD 2200 is a lot for just giving you advice especially if they don't check or prepare your file or lodge it or handle any immigration queries for you. Seems a lot especially when you are doing everything.

Regards,
Declan Clune

Squeakf99 · 14-01-2015 11:11pm

I will get a contract from the agent and determine exactly what they will do for this fee and what they will refund. The state nomination application itself is free in Victoria but obviously will need to pay 3500 to DIBP if I get this.

I have called the Vic migration office and the told me I can apply outside Vic without a job offer but I will need to convince them that I want to live in Vic. I said that I would give evidence of jobs applied for along with an address and contact details of the friends I will live with and they said that would be good. They said there is no "ceiling" as such but everyone is in competition with each other so if others have better applications they will get it over me. They will a bit vague but I will call again when I get my skills assessment and see what they say. Hopefuly that is positive, the Vetassess advisory service said it was "highly likely" that I would get a positive outcome, but that's no guarantee.

I will try determine what they will do that I can't on my own. Bu from what you guys says if I've got this far maybe I can also get to the next stage with help from really helpful forums like this.

Would a job offer for my partner in Melbourne help much do you guys reckon?

irishmover · 14-01-2015 11:43pm

I Dont see how a job offer for your partner in Vic wouldn't help. It certainly would provide an extra reason as to why you desire victoria over another state.

I skimmed over the immi.gov 190 page and noticed a minimum of $20k in your bank account to prove you can sustain yourself whilst searching for a job in Victoria. This was just a quick skim over so I may not know the full story but are you aware of this requirement?

Squeakf99 · 15-01-2015 4:43am

irishmover wrote: »

I Dont see how a job offer for your partner in Vic wouldn't help. It certainly would provide an extra reason as to why you desire victoria over another state.

I will definitely try my best to get this and put as good a case forward as possible

I skimmed over the immi.gov 190 page and noticed a minimum of $20k in your bank account to prove you can sustain yourself whilst searching for a job in Victoria. This was just a quick skim over so I may not know the full story but are you aware of this requirement?[/QUOTE]

Ye I realise this and with my partner we can transfer all our money into the same account and will be just a few thousand short. They do state "We do not require evidence of these financial resources."

Squeakf99 · 16-01-2015 6:25am

I spoke to "Australia here we come" and they said despite the migration office saying I don't need a job offer, they don't my chances are very slim without one. Even if I move to Victoria before applying they may think I only moved to apply so it's very hard to know what to do.

Does anyone know what qualifies as a job offer? Does it need to be a full work contract or does a letter or email stating the terms of employment along with company details and ABN suffice?

rightyabe · 24-01-2015 2:15pm

Hey just starting my 187 visa at the minute. Im a sponsored (457) Construction Estimator in Perth. Im on the 457 for 15 months but need PR asap.

My employer has just got a quote of $8000 for me and my partner and agent costs. As I will be going the direct entry route what could I get sorted now so I can lodge my application straight after my nomination comes thru?

Could I get police clearance?
Skills assessed?

DeclanClune · 06-02-2015 5:58pm

Hi there Rightyabe,

Did you mean 187 RSMS visa or 186 ENS visa?

What exactly does that quote cover?
Immigration fees alone are AUD 6380 - RSMS 187 visa OR AUD 5820 - ENS 186 visa.
This does not include the agent fees and does not account for skills assessment fees either

The AUD 8000 would seem to be too low so just double check what you are getting in that quote!

Is the employer already approved for nomination?

I know you say you need PR asap.
Once your visa application is submitted, you will be put on a bridging visa if your current 457 is about to expire.

Regards
Declan Clune

rightyabe · 07-02-2015 1:48pm

Hi Declan.

My employer told me the cost as $3500 for me 1500 for my partner and 3000 in agent costs. I thought 5000 very cheap my self to be honest. It's a 187 visa for sure.

My employer got me to sign a thing there the last day to say they started the application and I've to stay 2 years etc..

They sponsored me on 457 so not sure if there approved to nominate me etc..

DeclanClune · 09-02-2015 10:42am

He is not too far off with the current immigration fees of
AUD 3520 - main applicant
AUD 1760 - partner

You have your skills assessment fees and medicals in addition also but I understand that you already have your skills assessment underway.
It is great that the employer is covering your immigration and agent fees. Even better for you is that once your visa is granted, you are not necessarily tied to that employer so you can take up employment with another employer even though you have a 2 year job offer.

Declan

rightyabe · 09-02-2015 10:50am

DeclanClune wrote: »

He is not too far off with the current immigration fees of
AUD 3520 - main applicant
AUD 1760 - partner

You have your skills assessment fees and medicals in addition also but I understand that you already have your skills assessment underway.
It is great that the employer is covering your immigration and agent fees. Even better for you is that once your visa is granted, you are not necessarily tied to that employer so you can take up employment with another employer even though you have a 2 year job offer.

Declan

I still haven't started my skills assessment yet. Can I start it now? How long could it take and who do I apply to? I'm a construction estimator?

digiman · 10-02-2015 8:50am

I've recently became PR, was intending to stay for 2-3 years more in Sydney and get citizenship next January also. However a really good job opportunity has come at home that has got me thinking about me going back.

Q1, can my PR Visa be extended from Ireland when it runs out in 4 years if I left Sydney this year and didn't come back?
Q2, I've heard it's possible to get your super back if you declare that you won't be returning to Australia again, any truth to this? I guess I would have to give up the PR at that stage anyway.

irishmover · 10-02-2015 10:02am

1.http://www.immi.gov.au/Visas/Pages/155-157.aspx

Read the conditions.

2. As PR I dont think you can even forfeit your visa. Just for temporary visa holders.

https://www.ato.gov.au/Individuals/Super/In-detail/Temporary-residents/Super-information-for-temporary-residents-departing-Australia/

Mellor · 10-02-2015 10:34am

@Digi
If in the future you wanted to come back, you could always get a returning residebt visa if PR expires.

There was discussion previous about claiming super back after PR expires or after requesting it be cancelled.
But I can't remember which way it went.

DeclanClune · 10-02-2015 10:37am

rightyabe wrote: »

I still haven't started my skills assessment yet. Can I start it now? How long could it take and who do I apply to? I'm a construction estimator?

Hi Rightyabe,

You can do your skills assessment at any point you wish. Although it remains valid generally for 12 months (depending on the assessing body).

Again the timeframe depends on the assessing body in question but a typical timeframe is 2 - 3 months.

If you need specific assistance with getting that granted, let me know.

Thanks Declan

DeclanClune · 10-02-2015 10:47am

digiman wrote: »

I've recently became PR, was intending to stay for 2-3 years more in Sydney and get citizenship next January also. However a really good job opportunity has come at home that has got me thinking about me going back.

Q1, can my PR Visa be extended from Ireland when it runs out in 4 years if I left Sydney this year and didn't come back?
Q2, I've heard it's possible to get your super back if you declare that you won't be returning to Australia again, any truth to this? I guess I would have to give up the PR at that stage anyway.

Hi Digiman,

If you leave Australia and your PR expires while you are outside of Australia - which is your case, you will need to apply for a new (permanent residency) visa to return to Australia. YOu cannot extend your PR visa.

If you are in Australia when the 5 year residency visa expires, then you can apply for a resident return visa if you leave Australia with a view to returning. To avoid this most people apply for citizenship after 4 years of living in Australia - the final year at least being as a permanent resident.

In terms of reclaiming super, I confirmed with Taxback.com that once you are resident, you can't recliam your super back. You can call them on 1800 674 014 for more infromation.

Thanks
Declan

irishmover · 10-02-2015 11:10am

DeclanClune wrote: »

Hi Digiman,

If you leave Australia and your PR expires while you are outside of Australia - which is your case, you will need to apply for a new (permanent residency) visa to return to Australia. YOu cannot extend your PR visa.

If you are in Australia when the 5 year residency visa expires, then you can apply for a resident return visa if you leave Australia with a view to returning. To avoid this most people apply for citizenship after 4 years of living in Australia - the final year at least being as a permanent resident.

In terms of reclaiming super, I confirmed with Taxback.com that once you are resident, you can't recliam your super back. You can call them on 1800 674 014 for more infromation.

Thanks
Declan

According to the immigration website link I posted above you do not need to apply for a new visa. Its case officer dependant.

Subclass 155 Resident Return visa

You might be able to be granted this visa if you:

have spent a period totalling two years in the last five years in Australia as either an Australian permanent resident or citizen (the 'residence requirement').
have not spent two of the last five years in Australia as a permanent resident or citizen, but can satisfy the processing officer that you have substantial business, cultural, employment or personal ties of benefit to Australia, and:
are lodging while in Australia and can show compelling reasons for any continuous absence from Australia of more than five years;
are lodging while overseas, were a permanent resident or citizen when you last departed Australia and can show compelling reasons for any continuous absence from Australia of more than five years;
are lodging while overseas, were a permanent resident or citizen in the last 10 years and can show compelling reasons for absence(s) over five years

DeclanClune · 10-02-2015 11:18am

A resident return visa requires you to have compelling reasons or substantial ties to Australia in order to be considered.

From the strings above, Digi has recently just secured PR and wants to know can he extend PR if he leaves.
He can't extend the current visa.
And if he leaves Australia now for a job overseas, it would be very hard (almost impossible) to show compelling reasons or substantial ties to Australia.

On this basis, he would not be issued a resident return visa and so he would need to apply for a new PR visa.

irishmover · 10-02-2015 11:28am

DeclanClune wrote: »

A resident return visa requires you to have compelling reasons or substantial ties to Australia in order to be considered.

From the strings above, Digi has recently just secured PR and wants to know can he extend PR if he leaves.
He can't extend the current visa.
And if he leaves Australia now for a job overseas, it would be very hard (almost impossible) to show compelling reasons or substantial ties to Australia.

On this basis, he would not be issued a resident return visa and so he would need to apply for a new PR visa.

That is all true but you originally said Digi cannot extend their PR. Which is untrue. How are you to know Digi doesn't have compelling ties to Australia? Most likely they do not but I think best to inform of the avenues to continue PR than to simply tell them no they can't get an RRV.

Also, it would appear they may not be too far off the 2 years needed (looks like 1 year into PR) to ensure access to a RRV, which may be achievable and still be able to return to Ireland to this employer.

DeclanClune · 10-02-2015 11:46am

irishmover, you cannot extend your current visa - that is already granted and cannot be changed.

He may be able to obtain a new visa - whether that be a resident return visa or a different PR visa.
In either case, they are new visa applications that would need to be submitted to DIBP.
The current visa is issued for 5 years and cannot be extended.

In terms of compelling circumstances - I advised that my assumption was based on the information provided which is limited.
He mentioned that his visa is a newly granted PR visa, he would be out of Australia for the next 4 years, there is no mention of running his own business or having any close family who are Australian citizens/residents.
Given these facts, it would be difficult for Digiman to prove compelling circumstances.

Digiman, if your situation is different or you have additional information, you are more than welcome to either post that information or send me a PM and I will advise in my capacity as a registered migration agent.

Thanks Declan

Legend100 · 10-02-2015 11:53am

DeclanClune wrote: »

In terms of reclaiming super, I confirmed with Taxback.com that once you are resident, you can't recliam your super back. You can call them on 1800 674 014 for more infromation.

This is not entirely accurate as there are cases where you can reclaim it on grounds of hardship but on its most basic level, it cannot be reclaimed.

irishmover · 10-02-2015 11:56am

DeclanClune wrote: »

irishmover, you cannot extend your current visa - that is already granted and cannot be changed.

He may be able to obtain a new visa - whether that be a resident return visa or a different PR visa.
In either case, they are new visa applications that would need to be submitted to DIBP.
The current visa is issued for 5 years and cannot be extended.

In terms of compelling circumstances - I advised that my assumption was based on the information provided which is limited.
He mentioned that his visa is a newly granted PR visa, he would be out of Australia for the next 4 years, there is no mention of running his own business or having any close family who are Australian citizens/residents.
Given these facts, it would be difficult for Digiman to prove compelling circumstances.

Digiman, if your situation is different or you have additional information, you are more than welcome to either post that information or send me a PM and I will advise in my capacity as a registered migration agent.

Thanks Declan

But there is the possibility of getting a resident return visa, which is not an extension (like you said) but a whole new 5 year visa, at a massively reduced price and much easier to achieve than the first PR visa. Obviously Digi did not know this. Easier for digi to see what is required to achieve the resident return visa (which is the only real avenue here if they want to come back) than to just say no its not possible. Let them come to their conclusions with all the facts is my opinion.

Anyway, I've done my bit to help them ensure they are aware of what the requirements are to return to Australia after PR has expired and that's really all I want to say. Hopefully this helps them with whatever decision they make.

Slideways · 10-02-2015 12:07pm

I'm fairly sure I know the answer but I'll ask anyway.

I was in Australia for 1 year on a WHV in 06/07

I moved here in Feb 2012 on a 457 and got PR 15 months ago.

How soon can I apply for citizenship?

DeclanClune · 10-02-2015 12:09pm

Legend100 wrote: »

This is not entirely accurate as there are cases where you can reclaim it on grounds of hardship but on its most basic level, it cannot be reclaimed.

Hi Legend,

Yes - you could be right there, I am not certain on this but that is what I was told when I asked Taxback.com for Digiman.

Digiman, you can check with either Taxback.com directly on 1800 674014 or else contact the ATO.

Regards,
Declan

Legend100 · 10-02-2015 12:14pm

Hi Declan,

I was wondering if I could pick your brain on something,

Every year, around this time, we hear of possible occupations being removed from the SOL, most notably accountants.

I am currently gathering my info so I can get my skills assessment done as soon as possible for the 189 (try to get my EOI in before the end of June)

Have you heard any rumblings in your dealings with Immi that accountants could be removed in July?

thaks

irishmover · 10-02-2015 12:16pm

Slideways wrote: »

I'm fairly sure I know the answer but I'll ask anyway.

I was in Australia for 1 year on a WHV in 06/07

I moved here in Feb 2012 on a 457 and got PR 15 months ago.

How soon can I apply for citizenship?

Feb 2016 you can apply.

Criteria is 4 years in Australia on any visa and 1 year immediately leading up to citizenship application as PR. So the WHV time counts.

Note that there are day restrictions for being outside Australia over the four years. Its reasonable but I'd check it up on the immi citizenship page to confirm of you're within the limit.

Edit: sorry just seen it was whv is 06/07 that doesn't count as its outside the 4 year requirement so Feb 2016 is still a goer.

https://www.ecom.immi.gov.au/citz/startIntervalCalc.do

DeclanClune · 10-02-2015 12:19pm

Slideways wrote: »

I'm fairly sure I know the answer but I'll ask anyway.

I was in Australia for 1 year on a WHV in 06/07

I moved here in Feb 2012 on a 457 and got PR 15 months ago.

How soon can I apply for citizenship?

Feb 2016 if you have remained in Australia for the majority of this time. The rule is

4 years continuously living in Australia plus the last year on a PR visa before applying.
NOTE - You cannot be outside of Australia for more than 3 months per year during that 4 year period and not more than a 12 months gap in total over the previous 4 years before applying.

So your time on the 457 and PR will count if you have not been outside Australia as per the note.
Your time on the WHV does not count however as it is outside the most recent 4 years.

Thanks Declan

DeclanClune · 10-02-2015 12:44pm

Legend100 wrote: »

Hi Declan,

I was wondering if I could pick your brain on something,

Every year, around this time, we hear of possible occupations being removed from the SOL, most notably accountants.

I am currently gathering my info so I can get my skills assessment done as soon as possible for the 189 (try to get my EOI in before the end of June)

Have you heard any rumblings in your dealings with Immi that accountants could be removed in July?

thaks

Hi Legend,

Yes, there have been rumblings about the removal of accountants from the demand list but that is all it is at this point.

My advice to anyone looking to apply for a visa is get your application submitted while you are still eligible. Immigration can bring in changes at any time - not just in July.

The professional bodies are up in arms about the suggestion of removing accountants from the demand list so DIBP has been slow to make any changes here. But they could if they feel it appropriate.

I know it doesn't really answer the question, but you need to ensure to get your skills assessment and visa application in process quickly and correctly.

Book your academic IELTS ASAP if you haven't done so already. You need a 7.0 at least on all 4 subjects for your assessment.

Regards,
Declan

Plug · 10-02-2015 2:07pm

Hello everyone,

I've been on my 457 for two years now and Im ready for the move to PR. I want to do it myself as the visa agents tend to charge massive amounts for F all. I understand there are several different routes but I need advice on the best way to go. So basically my circumstances are I'm single, being on the 457 visa for two years, qualified car mechanic for nearly three years and working for the same company since I came over.
I know if I go through ENS I won't need to get skilled assessed but is there an independent scheme I can go through that doesn't involve me leaving the country or getting skilled assessed. I'd rather keep cost to a minimum and be able to move about without staying with the one employer for a few years.
If I have to pay for skills assessment I will but I don't fancy doing that regional visa. Also I plan on staying in Perth.

Any help will be truly appreciated,
Thanks in advance

Plug · 10-02-2015 2:22pm

Just had a look at the Skilled Independent visa (subclass 189). This gave me a fright, as Im already on a 457 does that mean Im out or is there a loophole?

This visa is for points-tested skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government.

digiman · 10-02-2015 10:26pm

Thanks everyone for all the replies. I may just have to return for a while before it expires then so!!

AngryHippie · 10-02-2015 10:34pm

digiman wrote: »

I've recently became PR, was intending to stay for 2-3 years more in Sydney and get citizenship next January also. However a really good job opportunity has come at home that has got me thinking about me going back.

Q1, can my PR Visa be extended from Ireland when it runs out in 4 years if I left Sydney this year and didn't come back?
Q2, I've heard it's possible to get your super back if you declare that you won't be returning to Australia again, any truth to this? I guess I would have to give up the PR at that stage anyway.

I'm pretty sure you have to enter the country every 18 months to keep it active.

Once you pull your super, you are done AFIK

Legend100 · 11-02-2015 1:29am

DeclanClune wrote: »

Hi Legend,

Yes, there have been rumblings about the removal of accountants from the demand list but that is all it is at this point.

My advice to anyone looking to apply for a visa is get your application submitted while you are still eligible. Immigration can bring in changes at any time - not just in July.

The professional bodies are up in arms about the suggestion of removing accountants from the demand list so DIBP has been slow to make any changes here. But they could if they feel it appropriate.

I know it doesn't really answer the question, but you need to ensure to get your skills assessment and visa application in process quickly and correctly.

Book your academic IELTS ASAP if you haven't done so already. You need a 7.0 at least on all 4 subjects for your assessment.

Regards,
Declan

thanks Declan,

I have the IELTS completed so that is one tick off the list. Gathering my skills assessment info at the moment so hopefully I can get that submitted in the next few weeks.

Australian Skilled Migration Visa - Megathread

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