smallbeagle

Hi,

We are leaving for Australia on sub class 457 in January. Just about to start ball rolling to apply for PR/Immigrant. I will need to have my qualification assessed by ICAA (NZ university qualified and CA from NZICA). Should I wait till we enter OZ? I believe there is a difference between applying for PR and as Immigrant. Would it matter if I start applying from here and resume while we are in OZ?

Reason why we are now in a hurry because we have been advised that subclass 139 will be abolished in June 2006.

Thanks

JAJ

It makes no difference whether you apply to ICAA from onshore or offshore. You need an immigration skill assessment from them either way.

Any other kind of skill assessment is only for those who *already* have Australian citizenship or PR, or are New Zealand citizens.

Are you a New Zealand permanent resident? If so, have you got a NZ indefinite returning resident visa?

Subclass 139 will be abolished (for new applicants) and replaced with a temporary visa, most likely from 1 July. However subclass 138 will still be available, if you have a 60 point occupation, won't this be an option? Sponsors in designated areas don't *have* to sponsor for 139.

That said, 139 applications are normally given priority so best to get things lodged before things change.



Jeremy

smallbeagle

Yes, I am NZ PR and have indefinite returning visa. How would this help with our application?

JAJ

It won't help at all but at least it means that if Australia doesn't work out, you can get back to New Zealand. Otherwise you would be risking a one-way trip home.


Is there a reason why you decided not to wait for your New Zealand citizenship before thinking about spending time overseas?

You'd still need to go through the hoops to get PR in Australia, but you'd have more rights in Australia meanwhile. Plus, there's always a risk a future NZ government could legislate to put a time limit on the indefinite RRV - citizenship is more secure in that respect in that you would *always* have the right to go back to New Zealand.


And if you're going on a 457 visa, be aware of the risks, costs and downsides involved:
http://britishexpats.com/forum/showthread.php?t=324062

Are you sure you qualify for points tested migration? And if not, is your employer prepared to sponsor you for ENS permanent residence?



Jeremy

smallbeagle

Thanks Jeremy. I lived in NZ for about 15 years. Yes, in hind sight should have applied for citizenship. Left NZ because of work overseas, in various countries and didn't bother to apply because of RRV. Now hubby has a job in OZ I am kicking myself for not applying for NZ citizenship.

Complication:

1. I am not working full time. Started a retail business last year. So, sponsorship by employer is out of the question.

2. Hubby is a member of IEE but works as a General Manager in Strategy. Do you think he could nominate profession as engineer per SOL and current job as General Manager? Is it advisable to do it this way? Assessment by IEAust must be easier than AIM ?

If I am in employment now I will have quite enough points, with sponsorship by my brother (now a Kiwi) who is living in OZ. However, I am not. So would like to explore sub class 139, which is not point assessed. Still, the sticking issue will be proof of employment for 6 months.

Now, if hubby's nomination of job and declaration of job is ok for assessment perhaps we will stand a good chance under sub class 139?

By the way, we have not approached hubby's work to see if they will sponsor him. Reckon they won't as they have just got us sub class 457 for 3 years, so why should they?

Many thanks for your advice Jeremy. I contacted an agent 2 days ago and they seemed quite clueless! I get more out of this forum.

JAJ

I really cannot understand how so many British people (I assume you are British) can live in a country like New Zealand or Australia for so long and never want to have the same citizenship as their friends, colleagues and neighbours.

If you do go back to NZ at some stage, you will likely find that the residence requirement has gone up to 5 years. http://www.citizenship.govt.nz

Also bear in mind that as you are not a New Zealand citizen, any children you have born outside NZ will not be New Zealand citizens. Nor will they be Australian (by birth) if they are born in Australia, unless you have PR at that stage.


Subclass 139 is going to be abolished soon (likely mid 2006) for *new* applicants and replaced by a temporary visa.

Subclass 138 may still be an option but you really shouldn't waste a moment. If your husband has a Washington or Sydney Accord accredited degree then the option of being assessed by IEAUST rather than AIM is likely to work. Otherwise VETASSESS may be an option, in a 50 point occupation.

A key issue to address for 138/139 is whether the Assurance of Support requirements are met. This traps many people.

The main applicant for 138/139 must be the person with the sponsoring relative, however the spouse can meet the skill requirements instead.

Is your brother also an Australian citizen as well as a Kiwi? If yes he can sponsor, if no, you need to read on ...

- Next question is whether your brother is an "eligible New Zealand citizen". If he's not, he can't sponsor unless he gets PR first. Read form 1162:
http://www.immi.gov.au/allforms/pdf/1162.pdf
- He should get that certificate to confirm his status as it will be needed to sponsor. Check form 990i for the fee, but from memory it's AUD55.
- And if he *is* an 'eligible NZ citizen' then he still ought to consider becoming an Australian citizen, if he's eligible. Otherwise he may well have to do a medical himself as part of the process.

You've probably got a number of options in terms of visas, however you really can't afford to waste time and risk any more doors closing.

The first step is to download and read the Skilled Migration Booklet from the DIMIA site (booklet 6), if you've not done so already:
http://www.immi.gov.au/allforms/books_migrate.htm


You should get some good professional advice, ask on the Australia immigration forums for recommendations. Or PM me and I will give you the details of at least two competent practitioners.



Jeremy