If I have completed my 2 years on a 417 (Working holiday) visa on my British passport, am I allowed to come back on my Irish passport on a new 417 visa?
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Make an enquiry here or call us on 1300 887 818.
I applied for a 190 visa, after getting nominated by Victoria, but I have just received my refusal because Immigration only awarded me 5 points rather than 15. Immigration's reasons were that I do not have a degree and therefore 5 years of my work experience is invalid...? I am applying for a 263111 Computer Network and Systems Engineer, and cannot understand the rejection.
If you don’t have a degree and are looking for a Skills assessment through the Australian Computer society, they will take away up to eight years of your work experience to substitute for the requisite academic qualification. In your case they have taken 5 years off. Your example highlights the pitfalls of doing your own points assessment and is the reason we strongly recommend you use a Registered Migration agent or Immigration Lawyer to properly assess your points. Not only will consulting with a firm such as ours eliminate your risk of miscalculating your points, it will save you the waste of money, heartache and negative visa sequelae that a refusal such as yours brings.
Contact us now on 1300 887 818 to find out your true points score OR Click here to book a consultation. It doesn’t matter where in the world you are, we will take care of your Australian Visa issues.
I want to apply for a Working Holiday Visa but I have children here in England. I thought I'd come out on the Working Holiday Visa to look for work, and have the missus and kids follow me out later. Is that a good plan?
Unfortunately in a word – no. Immigration must be satisfied that no dependent children will accompany you to Australia and that means that if they travel to Australia at any time during your Working Holiday Visa, you will be liable for visa cancellation as you will be “accompanied” by them. Satisfying Immigration will only happen if you could produce custody orders for the child or have evidence that you have had no contact with them. If you lie about having children and you subsequently reveal that you do in fact have children in a subsequent visa application, you will likely be caught by the migration fraud provisions which can result in a three year ban for all visa types.
Your best bet is to get some proper advice about the right course to take as it is likely there are other visas which are more appropriate for you. To find out more, contact AHWC Immigration Law 1300 887 818 or book a consultation with us here
We’re often approached by 457 visa holders who for one reason or another want to leave their current employer and work for someone else. They may be unhappy with their employer, want to change positions, or they have simply received a better offer.
The good news is that it is possible to change employers, but there are rules and regulations which must be followed. This is because your current 457 visa has a condition attached to it (8107), which means that you must work only for the employer who most recently nominated you. If you start working for another employer while your current employer’s nomination is in place you will be breaching your visa conditions and risk having your visa cancelled and/or future visa applications refused because you haven’t substantially complied with your visa conditions.
Additionally, the new employer risks fines and sanctions if it employs a visa holder in breach of his/her work conditions.
If and when you find a new employer willing to employ (and nominate) you, the business must be (or must become) an approved Business Sponsor and nominate you for the position they have for you. They must also be able to show that the business genuinely needs you and produce evidence of Labour Market Testing with respect to the position.
A request is made for the new nomination to be linked to your current 457 visa and you may move to the new employer once the new nomination has been approved but not before.
Are you in this situation? Or are you an employer wanting to employ a 457 visa holder from another business?
Talk to us – we are experts in this area and have assisted many 457 workers and their employers with quick, successful outcomes. Please contact us on 1300 887 818 or book a consultation with us and we’ll get the ball rolling for you.
My tourist visa expires next week. Can I call the Immigration Department and get an extension to stay here longer?
It is not possible to get extension on any visa. Each visa has an expiry date, and if you haven’t lodged an application for a new visa, or been granted a new visa, you will become unlawful once your visa expires. If the expiry date of your visa is getting close then it is imperative that you apply for a new visa (if that is possible). If you find yourself in this situation, we would advise that you seek expert advice about your options from a Registered Migration Agent, as you may find that the options that Dept offers you are limited. To learn what your options are, get in touch with AHWC Immigration Law by calling 1300 887 818 or booking a consultation.
How long does it take to be approved as a Business Sponsor so that my business can sponsor 457 Visa holders?
Once all the appropriate documents are lodged, it can take as long as 8 weeks (especially where the company is a new company setup), but often the processing time is much shorter than this, at around 4 weeks.
Find out more about 457 visas and the sponsorship process here.
I am Australian and sponsored my non Australian partner for a partner visa, which he was granted a few months ago. Now he has left me for someone else. Can I have his visa cancelled?
You should contact the Department of Immigration and Border Protection’s temporary partner section via the email address firstname.lastname@example.org and inform them that you are no longer a couple.
In a word – no. You may travel in and out of Australia freely during the life of the visa.
Find out more about partner visas here.
It’s our experience that 189 & 190 visa applications are taking between 3-5 months from the date of visa application.
How long do I have to be on my provisional partner visa (subclass 820) before I'll become a permanent resident on a Subclass 801 partner visa?
The permanent 801 partner visa is preceded by the 820 provisional partner visa.
Once you have been granted your 820 visa, the Department of Immigration and Border Protection (DIBP) will seek further evidence of your ongoing relationship approximately 20 to 21 months after the date of your application for your Subclass 820 visa, unless it is satisfied that your relationship is long term, in which case they will grant the permanent visa earlier.
DIBP will require evidence that your relationship is a continuing and genuine partner relationship and that you and your partner continue to live together.
Once DIBP receives this evidence and is satisfied of the genuineness of your relationship is, it will usually grant the permanent 801 visa shortly after two years from the date of your initial application.
As with any visa application, the time the Dept takes to process the second stage of the partner visa will vary on a case by case basis.
Book a consultation today to find out if you’re eligible for a partner visa!
Yes you can provided your tourist visa doesn’t have a condition 8503 “No further stay”, which means you can’t apply for any other visa whilst you are onshore. If you do apply for a 457 visa off a tourist visa, your bridging visa associated with your application will have a no work condition attached to it, and you won’t be able to work until your 457 visa is granted unless you apply for a bridging visa with no conditions – meaning you can work.
The answer is yes, but which visa depends on which visa you meet the criteria for (if any). The most important thing to bear in mind is that you must apply for the new visa before your current partner visa is cancelled, if your visa is the provisional 820 or 309 (as the DIBP will take steps to cancel your visa if it is informed that your relationship no longer exists). The best thing you can do is seek proper advice from a registered migration agent or immigration lawyer as a matter of urgency. If you have a permanent partner visa (801/100), it won’t be cancelled if the relationship breaks down as it is a permanent residence visa.
We can help. Call us on 1300 887 818 or book a consultation.
There a no work conditions attached to a 820 visa, so you may work as many hours as you like.
Visas cannot be extended and you will have to apply for a new visa.
Visas expire after the validity date has been reached, and cannot be extended by any means, as there is no provision in the law to do so.
Once your current 457 visa has expired you will need to have a new visa in place or leave the country (you have 28 days to leave once the visa expires). It’s best to start considering applying for a new visa least 6 months prior to your current visa expiring. This will allow you adequate time if you require a skills assessment etc (ie if you want to apply for PR).
You must also apply for your new visa before your old one expires, as by doing this you will be granted a bridging visa with the same work conditions as your 457 visa, and which will allow you to stay whilst your new visa application is being processed.
If you want to stay in Australia you must appeal this decision within 21 days. There are virtually no grounds for an extension of the 21 days. Given the intricacies of the appeal process it is best to contact a registered migration agent or immigration lawyer to assist you with the review.
Please contact us on 1300 887 818 for advice or book a consultation.
All occupations on theMedium and Long Term Skills Shortage List (MLTSSL) and the Short Term Skilled Occupation List (STSOL) are available to potential 457 visa applicants. You can find a combined list of occupations eligible for the 457 visa here.
Every 457 visa has a primary applicant, and where the primary applicant’s partner makes a joint application for a 457 visa or makes a subsequent application to be joined to the primary applicant’s 457 visa, the secondary applicant will be granted a 457 visa with no work restrictions.
To become an Australia citizen, the general residence requirement is as follows:-
Permanent residents must:
- Have been living in Australia on a valid Australian visa for 4 years immediately before applying which must include the last 12 months as a permanent resident, and
- Not have been absent from Australia for more than one year in the past 4 years, including no more than 90 days in the year before applying.
The Department of Immigration and Border Protection (DIBP) has a handy Citizenship Wizard and some other helpful information.
There are 10 steps in the citizenship application process. In a nutshell they are:-
Step 1: Ensure that you meet the eligibility criteria
You are aged between 18 -60
You are a permanent resident
You satisfy the residence requirement (See FAQ above and the Citizenship Wizard here)
You are of good character
You intend to reside in Australia or maintain a close association with Australia.
Step 2: Check that you meet the residence requirement.
Step 3: Prepare for the citizenship test.
Step 4: Gather your relevant original documents and have copies of them certified.
Step 5: Complete your application form.
Step 6 : Lodge your application, certified copies of your relevant documents and the correct fee
Step 7 : Attend your citizenship appointment – ensure you bring all your original documents
Step 8: Sit the citizenship test at your appointment
Step 9: Await notification of the department’s decision
Step 10: Attend a citizenship ceremony and make the pledge.
You will find the form which also contains more detailed information about the process here.
What happens when a couple who has been granted PR (permanent residence) splits up after the visa has been granted?
If permanent residence has been granted and the couple splits up, both get to keep their permanent residence visas.
For a 186 visa, the employer must offer you at least 2 years of employment and the nomination stage. However (unlike the 187 visa) once the 186 visa is granted there is no condition requiring the visa holder to remain with the employer and there are no grounds for visa cancellation if the visa holder leaves the employment.
There is also no requirement to inform the Dept. of Immigration.
Obviously, the terms of the employment contract signed by the 186 visa holder and the employer must be adhered to, and there are moral issues for the visa holder to consider if he/she is considering resigning from an employer before the end of the two years, considering the employer has gone out on a limb to successfully nominate them for permanent residence.
I am in a de facto relationship with an Australian citizen and have been granted a provisional partner visa (Subclass 820). My partner has been violent towards me and I have been forced to take out an intervention order against him and I have fled our apartment. What will happen to my partner visa now?
If you have evidence that domestic violence has occurred such as a court order, police reports, photographs or other evidence, you may still be able to progress to permanent residence despite the fact that you have broken up with your violent/abusive partner or are no longer in a de facto relationship.
There are provisions in the partner visa regulations that may allow the partner victim of domestic violence to be granted the permanent residence partner visa in these circumstances if all other criteria are met.
Please contact us for assistance on 1300 887 818.
Provided you can prove a de facto relationship of a least 12 months your partner may be an eligible family member and become a secondary applicant on your student visa. Eligible family members (a partner and partner’s dependent children) may only be added to your student visa where their existence has been disclosed in your student visa application.
A partner may therefore be added to your student visa, but only if you disclosed your relationship at the time of your application or the relationship commenced after your student visa was granted.
If you were in a relationship at the time of your student visa application but you did not disclose this to the Dept of Immigration, you may not add a partner after the grant of the visa. In this case you would need to apply for a new student visa and include your partner in the new application, and also meet the criteria below.
If you did disclose the existence of a partner at your initial application, then you may add your partner later if you also meet the criteria below.
The criteria discussed above are as follows:
- The student visa applicant/holder must be in assessment level 1 or 2 or eligible for streamlined visa processing OR
- In assessment level 3 or 4 and the course is longer than 12 months. If the duration of the course is less than 52 weeks, your family members are eligible to join you in Australia if your current course(s) has a total duration of the courses a is 52 weeks or more, or you have been in Australia lawfully for 12 months or more.
Your assessment level is determined by your course of study and your nationality. For help determining whether you can add a partner to your student visa, book a consultation with AHWC or call 1300 887 818.
Help! I'm on a 457 visa and my employer has just let me go. Another employer has offered me a "trial" working period before he will offer me a new sponsorship. Is this OK?
If you leave your current employment, you have 90 days to find a new sponsor. Unfortunately though, taking part in a remunerated trial period of employment will result in a breach of the conditions on your current visa – which are that you must only work for the current sponsor. In theory, if you do take part in a “trial” period of remunerated employment, your current visa may be cancelled. It’s a difficult problem for employment seekers on 457 visas once they have left their sponsored employment to work out how to demonstrate their skills to a potential new employer. A possible solution to this issue may be to enter into a written agreement with a potential employer that spells out that you are not employed, are not being remunerated and are simply present on the employers premises to demonstrate your skills and undergo an interview. If a new employer offers you a position, ensure that the employer becomes an approved sponsor (if not one already) and nominates you immediately for the position so that you can move into paid employment again as soon as possible. Remember that you cannot work for the new employer until the new nomination is approved by the immigration department.
You DO NOT have to get naked! You are given a gown to cover up. Women keep bra and knickers on, and men keep undies on. You will have your chest listened to via a stethoscope placed on your back. Your tummy will take a bit of a prodding – nothing too embarrassing. The worst bits are arguably having to have a blood test (ouch), produce a urine sample (getting it in the jar is the trickiest bit!), and have a chest X Ray. Keep in mind, this is no friendly GP visit. The only thing this doctor wants to do is pass you as fit for your visa. Keep your eyes on the prize and just answer the questions.
I'm unlawful and I just saw what seems to be a lovely friendly advert by the Department of Immigration in the Irish Echo. It said that if we had overstayed our visas we should go in and see them and they will give us the right information. Does that mean they'll let me stay if I go in?
We’ve seen this advert. It says “My visa has expired. I made a mistake. I’m really worried, I don’t know what to do. Get the right information, Contact the Community Status Resolution Service”
In a word – don’t do it. Contact an Immigration Lawyer instead (yes lawyer, because your information will be privileged – i.e. unable to be released without your consent). An Immigration Lawyer will provide you with accurate and proper advice and explore all legitimate visa options for you.
If you present yourself to the DIBP – they will give you a very Short Bridging Visa E, and instruct you to leave the country. In rare occasions you may be detained.
Let us help. Call 1300 887 818 or book a consultation.
Have a look at our helpful blog post here. It’s got some great tips on speeding up the process.
The answer is you can achieve this in a few different ways.
Applying for the following visas is the most common pathway for 457 visa holders (DIBP figures) to reach PR:
Subclass 186 (Employer Nominated Scheme (ENS)) (58.3% of 186 grants)
Subclass 187 (Regional Sponsored Migration Scheme (RSMS)) (15.4% of 187 grants)
Subclass 189 (Skilled Independent) (16.2% of 190 grants)
Subclass 190 (Skilled Nominated) (6.0% of grants)
Subclass 186 and 187 visas can be accessed via Direct Entry or via a Temporary Residence Transition stream (TRT) where the 457 visa holder has been on the 457 visa and has worked for the same employer for at least two years. A Direct Entry application may be lodged anytime before your two years is up but you will require a skills assessment for the 186 option and may require one for the 187 option depending on your occupation and qualifications. There is no skills assessment requirement for the TRT. You’ll find further information on the 186 and 187 visa options here.
Subclass 189 and 190 visas require skills assessments, EOI’s and an invitation to apply. A couple of advantages of these visas though is that no evidence of licensing is required if you work in a licensed trade such as electrician, plumber etc, and you’re also not reliant on an employer nomination as you are with the 186 and 187 options. Find out more information about this possibility here.
There is also a tiny proportion (3%) of 457 visa holders that go onto lodging successful Partner Visa applications where they can prove they have been in a de facto relationship with an Australian citizen or Permanent Resident of at least 12 months. Find out more about this option here.
Any questions? Call us on 1300 887 818 and we’ll go through your options with you.
My friend and I lodged our permanent residence visas on the same day. His was granted today. Why wasn't mine granted today as well?
There are many variables which affect the length that visas of the same class will take to be processed by the DIBP. As you can imagine applications will be allocated to different case officers, some of whom may have light case loads and some of whom may be “snowed under”.
It goes without saying that the DIBP caseload is constantly huge. Each case officer assesses the application in their own way, using the discretion they have under the Migration Act to weigh up the criteria contained within the regulations, and to decide whether the application meets the criteria for grant of the visa.
Some case officers may work part time, some may take longer than others, your documents will be different etc etc. Your evidence may need to be verified by overseas agencies as well – and this always seems to take ages. There are no standard processing times (although there are processing time guidelines), and in a nutshell, your friend was just lucky that his application made it through the queue before yours.
Bombarding the DIBP with requests to “speed up” an application are counterproductive too unless the application time has exceeded the processing guidelines. Hassling the DIBP or an individual cases officer generates no result other than to annoy and frustrate all concerned.
Click here to read our article called
WANT TO STAY ON AFTER YOUR WORKING HOLIDAY VISA? – 10 TIPS FOR SUCCESS for the best advice and strategy.
If you are transiting – that is, arriving in and staying in the international transit area of an Australian Airport, before boarding a connecting international flight to another country, you do not need a visa provided you do not intend to exit through immigration and out of the airport.
By way of example if you’re arriving at Sydney International Airport on you way to Auckland, New Zealand, you will not need an Australian visa if you remain in the transit area before boarding your New Zealand connecting flight.
Is is possible to get sponsorship with an RPL (recognition of prior learning) qualification in Australia?
Many Registered Training Organisations RTO’s) in Australia offer Australian qualifications via recognition of prior learning. These qualifications provide visa applicants a fantastic opportunity to meet the “skilled level” required for a 457 visa, which is a temporary sponsored work Australian Visa.
Call us on 1300 887 818 or book a consultation if you’d like one of AHWC’s Migration Agents to provide you with an appraisal of your situation and examine whether your qualifications and/or experience “make the grade” (Fees apply).
My 457 visa is just about up and my family and I need to return home to attend some family business. Can I get my super back once my visa is finished?
Yes you can – under certain conditions. Have a look at our recent blog post with links on this issue here.
I just transferred my 457 visa after being successfully nominated by a new employer. Does this mean I have a new visa and the four years starts again?
The original expiry date of your visa remains the same. The only change is that you have a new employer and you must work there.