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Do I have to leave the country if/when I get PR ?

Do I have to leave the country if/when I get PR ?

Old Nov 19th 2002, 2:10 am
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Hi OnlyMe

Nah I am in the same boat as yourself. 457 here with company but independent skills application with Husbands skills. So if we ever get the final ok from London AHC (April 01) application we all have to go. Two adults two children - whoops son not counted as minor now he is 12 so probably full fare. We did manage to one concession. We were able to use the medical part of our 457 applications for the PR because they were still in date. But it will mean we have to leave and re-enter before end March next year. No I am not very happy about it, unneccessary cost at an unfortunate time, like you said in terms of saving for a more permanent stay. We were told to leave five working days for arrangements of the visa and to ensure we had flexible tickets in case there was a problem - I should be so lucky to have the money to arrange all that!

I understand your rant completely. We will get 'bagged' by others saying we are lucky to be here working but it does seem a very unnecessary costly requirement as opposed to Company Sponsored. When did you do your medicals and do you have your PR with an entry by date?

Not that I fancy it but PNG might have a consultant!!!!!! Did you see Port Moresby ranking in the worlds worst place to live?

Let us know how it goes
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Old Nov 19th 2002, 2:18 am
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Originally posted by onlyme
What's the difference between a foreign person being sponsored by a company for PR and a foreign person being sponsored by a company for work purposes and applying for PR independently ? Anyone know ? People who are sponsored by their companies do NOT have to leave the country. I thought you were applying for PR through your company Sandra ?
If a person is sponsored by his/her company for PR, he/she would normally apply for a subclass 856 Employer Nomination Scheme visa, for instance. An 856 visa must be granted onshore. (Don't ask me why the applicant has to be in Australia!)

If a person applies for PR on his/her own (even if he/she is in Oz), that may be a subclass 136, for a skilled independent visa for instance. This is an offshore visa, which means that the applicant must be outside Australia at the time of grant. Why this is so - you'll have to ask the politicians who crafted the Migration Regulations.

Alan has already pointed out these two examples (136 - offshore grant only; 856 - onshore grant only) previously. The one big difference is that the 136 visa is a I-don't-need-nobody-to-sponsor-me visa, while the 856 visa is a I-need-my-boss-to-sponsor-me visa.

The fact that one has to be onshore or offshore is dependent on what's written in the Migration Regulations, and I suspect that it's not regularly changed (as far as being onshore or offshore condition is concerned) because the people who can change the law (Aussie citizens) won't be too bothered whether a 136 applicants must spend a small fortune to fly out and back in again just to be a PR.


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Old Nov 19th 2002, 2:23 am
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Ok I understand the legal - we just have to do it, but I was having a general moan about the fact it should not really matter, we have as onlyme pointed out been here paying taxes etc like the rest of company nominated is it really a big deal to force us out and in?

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Old Nov 19th 2002, 2:39 am
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I applied for PR in March 02. Haven't heard a thing since. They took my dosh fairly pronto though.

I have sent my rant to the immigration minister..so I expect there will be a change in the law any day now !!

I understand the legal stuff too ptlabs...

Blimey, I'll also have to take time off work unpaid, if/when I get PR, just realised, arghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh.
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Old Nov 19th 2002, 3:13 am
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Originally posted by onlyme
I applied for PR in March 02. Haven't heard a thing since. They took my dosh fairly pronto though.
Oh yes, they're pretty competent and efficient when zapping credit cards are concerned. Their impressiveness somehow stops there, though.


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Old Nov 19th 2002, 3:14 am
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come to think of it, although it still pisses me off, it is still the cheaper option, ie. cheaper than being company sponsored. There are people getting company sponsored were I work and they are getting $1000 taken out of their wages every month for 6 months !! Where as I pay a lot less than that and get a holiday thrown in.

Maybe the government spotted that one and decided to make us pay in other ways.
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Old Nov 19th 2002, 3:14 am
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Originally posted by Sandra
Ok I understand the legal - we just have to do it, but I was having a general moan about the fact it should not really matter, we have as onlyme pointed out been here paying taxes etc like the rest of company nominated is it really a big deal to force us out and in?
Someone once suggested that it's done so that the airline industry gets a boost. It's not difficult to see why they've left this illogical rule intact if that were really the case.


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Old Nov 19th 2002, 3:56 am
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Originally posted by onlyme
come to think of it, although it still pisses me off, it is still the cheaper option, ie. cheaper than being company sponsored. There are people getting company sponsored were I work and they are getting $1000 taken out of their wages every month for 6 months !! Where as I pay a lot less than that and get a holiday thrown in.

Maybe the government spotted that one and decided to make us pay in other ways.
I paid nothing
MY company paid for it all.

Isn't that illegal taking the cost out of the wages??... if it isn't it should be.

cheers
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Old Nov 19th 2002, 4:32 am
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I think it has something to do with the agreement they signed with the sponsoring company. Don't think it's illegal, is it ?
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Old Nov 19th 2002, 6:14 am
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With respect, you should have known all this before you embarked on your visa strategy. You chose to apply for a skilled independent visa and the regulations are quite clear - you can't be in Australia when the visa is granted. Yes, it's a nonsense, but those are the rules of the game ...

All that said, I have a hunch that this requirement to be offshore at the time of visa grant might change at some point within the next year or so, because it does seem a completely unnecessary cost, particularly for those of you who are working in Australia on 457-sponsored visas.

Best regards.



Originally posted by onlyme
I just do not see the point of having to leave at all, maybe us temp residents already in Oz should have a march through the centre of Sydney !

Why on earth do people have to shell out another huge amount (Singapore $800 per person, NZ $500 per person) on flights, not to mention all the other costs involved with going abroad (accomodation, food, etc, for X amount of people), especially when they may not be able to afford it or are trying to save every penny they can so that they can put down a deposit for a house in Australia ?

They must think people who come to Australia on a temporary business visa are all loaded with cash. They were just lucky enough to be sponsored by an Australian company that's the way it was for me anyway.I personally have been paying the highest tax rate in Australia since I have been here and as a temporary citizen I am not entitled to any social benefits. I have also been paying for my non-working wife and child. It's hard enough trying to make a living in this beautiful country, so why does the government make us leave the country in order to be accepted back to a place where we have already been for more than 2 years !?

Will I be able to claim anything back on tax for the forced trip abroad, do you know ?

What's the difference between a foreign person being sponsored by a company for PR and a foreign person being sponsored by a company for work purposes and applying for PR independently ? Anyone know ? People who are sponsored by their companies do NOT have to leave the country. I thought you were applying for PR through your company Sandra ?

Enough ranting from moi.
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Old Nov 19th 2002, 10:57 pm
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well, if its any help, applied 136 Mar 02, sent medicals/police checks/form 80 Nov 17th (at DIMIA request), expect to hear b4 xmas (according to Case Officer).

PNG to pick up.......hhhmmm....is that cheaper than Auk NZ ?
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Old Nov 21st 2002, 9:03 am
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ok
so if you do have to leave the country, who thinks where is the cheapest place to spend and get to from east coast.
melbourne for me so im considering n.z as the destination to pick up visathere does seem to be a few last minute cheaper flights, has anyone used this sort of thing?
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Old Mar 12th 2003, 12:43 pm
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I got my pre-grant letter today !!!! Now I have to leave. Any ideas on where is the cheapest place to go from Sydney for 3 people for 7 days ??

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Old Mar 12th 2003, 1:02 pm
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Oh come on.....

If you can't treat the family to a short holiday to celebrate getting your PR, then what?
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Old Mar 12th 2003, 1:06 pm
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Congratulations!!!!!!!!!!!!!!!!!!!

after all my research, wasted cause we are going back to the UK!!! New Zealand worked out the cheapest but Fiji for a nice holiday was also good

Check out...http://www.dfat.gov.au/missions/

you need somewhere with a working mission (cause of possible conflicts!)

Have the greatest time celebrating ...pleased for you

Cheers
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