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-   -   Good news for those on spouse visa's (NOT!) (https://britishexpats.com/forum/australia-54/good-news-those-spouse-visas-not-278523/)

Siren & Brian Jan 19th 2005 5:26 am

Good news for those on spouse visa's (NOT!)
 
Since I arrived here in March of 2004 on a Prospective Spouse Visa (Subclass 300) I have been looking for work on and off.

In the beginning, I was unconcerned with not getting a call back as I was informed that each position was receiving 100+ applicants.

Then, I DID get call backs based on my resume but very quickly into the conversation I was asked "So, where are you from?" and "Why are you here?"
Immediately upon discovering that I was here on a spouses visa, I was given "Well, we've had a lot of applicants and it wouldn't be fair to ask you to come in just yet. We'll shortlist and get back to you."

Then nothing. Now I'm pretty sure that the call I got was because I already WAS shortlisted, then vetoed because of my non-permanent status.

Today, I checked the DIMIA site about work rights and I am, in fact, completely entitled to work in Australia. So I rang DIMIA to clarify a few things and it was NOT what I wanted to hear.

1) Every employer has the right to refuse me work because of my temporary status.

2) It is not classified as discrimination. Nor is it a reason to fast-track my application.

3) My PR may take THREE years to process because of the 6 month bridging visa before I get the temp spouse visa and another 6 month wait at the end of that 2 years to get the PR.

All in all, I am SOL when it comes to getting a job here for the next 3 years. :( Unless I can find an employer willing to take a chance on me. Without any Australian work experience and my Canadian experience getting further and further behind me.... well, it's not looking that great.

Luckily, I don't NEED work to survive and can afford to stay home with the kiddos but I am pulling my hair out from boredom. The extra income would come in very handy right now as well.

Ok... Rant over. :(

Siren

cyclemark Jan 19th 2005 5:37 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Siren
Today, I checked the DIMIA site about work rights and I am, in fact, completely entitled to work in Australia.

Given that you are legally entitled to work, I don't see why any prospective employer should need to know what kind of visa you have. You have a visa to work, so you have a tax file number, which should be all you need. No one I have ever worked for has ever asked to see my PR visa.

If I were you, I'd stop telling people the kind of visa you have. Just say you are a permanent resident - this ought to be more than enough.

Good luck!

Go Banana's !! Jan 19th 2005 5:39 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Siren
Since I arrived here in March of 2004 on a Prospective Spouse Visa (Subclass 300) I have been looking for work on and off.

In the beginning, I was unconcerned with not getting a call back as I was informed that each position was receiving 100+ applicants.

Then, I DID get call backs based on my resume but very quickly into the conversation I was asked "So, where are you from?" and "Why are you here?"
Immediately upon discovering that I was here on a spouses visa, I was given "Well, we've had a lot of applicants and it wouldn't be fair to ask you to come in just yet. We'll shortlist and get back to you."

Then nothing. Now I'm pretty sure that the call I got was because I already WAS shortlisted, then vetoed because of my non-permanent status.

Today, I checked the DIMIA site about work rights and I am, in fact, completely entitled to work in Australia. So I rang DIMIA to clarify a few things and it was NOT what I wanted to hear.

1) Every employer has the right to refuse me work because of my temporary status.

2) It is not classified as discrimination. Nor is it a reason to fast-track my application.

3) My PR may take THREE years to process because of the 6 month bridging visa before I get the temp spouse visa and another 6 month wait at the end of that 2 years to get the PR.

All in all, I am SOL when it comes to getting a job here for the next 3 years. :( Unless I can find an employer willing to take a chance on me. Without any Australian work experience and my Canadian experience getting further and further behind me.... well, it's not looking that great.

Luckily, I don't NEED work to survive and can afford to stay home with the kiddos but I am pulling my hair out from boredom. The extra income would come in very handy right now as well.

Ok... Rant over. :(

Siren

Get off the phone I'm trying to ring you to give you tonnes of support and sympathy :)

Jill

Siren & Brian Jan 19th 2005 5:41 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Go Banana's !!
Get off the phone I'm trying to ring you to give you tonnes of support and sympathy :)

Jill


Ring my mobile you ditz!! LOL Remember... I have a TEENAGER *Echo....echo...echo...*

Siren

Siren & Brian Jan 19th 2005 5:46 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by cyclemark
Given that you are legally entitled to work, I don't see why any prospective employer should need to know what kind of visa you have. You have a visa to work, so you have a tax file number, which should be all you need. No one I have ever worked for has ever asked to see my PR visa.

If I were you, I'd stop telling people the kind of visa you have. Just say you are a permanent resident - this ought to be more than enough.

Good luck!


I can't lie and say I have a PR because a) My tax number is a non-resident tax number and b) If they ever ask for it, (which they have the right to do) I can't provide it, thereby, caught in the lie.
Maybe the Canadian accent peaks thier curiosity?? I suppose I could refuse to discuss it but that would come off rude and secretive - also not good on a job interview :(

The FIRST question out of the mouths of job agency reps - "Do you hold a PR?"

Thanks for the support anyway!

Siren

Simone Jan 19th 2005 5:49 am

Re: Good news for those on spouse visa's (NOT!)
 
Well, just keep trying... and try not to mention the temp visa.

Pascal got a great job on a temp visa. First 3 months temporary, and now permanent.

Good luck, it's quite annoying I can imagine!! :mad:

:)

bondipom Jan 19th 2005 6:02 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Siren
I can't lie and say I have a PR because a) My tax number is a non-resident tax number and b) If they ever ask for it, (which they have the right to do) I can't provide it, thereby, caught in the lie.
Maybe the Canadian accent peaks thier curiosity?? I suppose I could refuse to discuss it but that would come off rude and secretive - also not good on a job interview :(

The FIRST question out of the mouths of job agency reps - "Do you hold a PR?"

Thanks for the support anyway!

Siren

You are resident for tax purposes. I put resident on my resume, not temp resident (economical with the truth, not a lie). A lot of jobs ask for citizenship or permanent residency. Government employers do not have much flexibility however the private sector does.

BTW be careful of DIMIA phone lines as they have again spouted crap. It takes 2 years from date of application to get PR. Your date of application is the date you lodged the application after getting married. 3 months before a decision is due DIMIA should send you the forms needed. Get the application in ASAP. I got my PR 2 years after application. Good luck applying and sadly you are not the only provisional partner suffering from this.

Another way forward is to go for temp positions and work your way into a permie job.

The new minister for citizenship has still not announced whether he will continue the previous Ministers proposed law change to allow a year on a provisional spouse visa to count towards the 2 years. By July I will be the father of an Aussie, been in a relationship with an aussie for 7 1/2 years, (married for 2 1/2 years) lived here for 3 years (+1 year in 97/98) and not entitled to citizenship. I will be entitled in November.

Muzza04 Jan 19th 2005 6:03 am

Re: Good news for those on spouse visa's (NOT!)
 
If you have no restrictions on work conditions on your current visa, you should have full work rights like PR.

www.immi.gov.au/allforms/booklets/1127.pdf

mlbonner Jan 19th 2005 6:03 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Siren
I can't lie and say I have a PR because a) My tax number is a non-resident tax number and b) If they ever ask for it, (which they have the right to do) I can't provide it, thereby, caught in the lie.
Maybe the Canadian accent peaks thier curiosity?? I suppose I could refuse to discuss it but that would come off rude and secretive - also not good on a job interview :(

The FIRST question out of the mouths of job agency reps - "Do you hold a PR?"

Thanks for the support anyway!

Siren

Hi,

Dont lie, do what I did - on the forms, where it says 'do you have PR', I crossed out the P and wrote yes (because I do have residency, just happens to be temp.) I was offered two jobs here, both saw my passport and knew what type of visa I was on.

TFN's are just a number, I believe its the box you tick on your tax return that changes the status. I have the same TFN now, as I did on my WHV. When I phoned the ATO, they said I would always have the same number, regardless of status.

Anyway, good luck with it. I think the trick is to find a decent agent. I settled on two agencys in the end (got a job offer through both of them). I had really good relationships with both contacts there, and actually regularly go out drinking with one of them still :)

mlbonner Jan 19th 2005 6:05 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Muzza04
If you have no restrictions on work conditions on your current visa, you should have full work rights like PR.

www.immi.gov.au/allforms/booklets/1127.pdf


True, but unfortunately not always as straight-fwd. Not all employers understand that this particular visa leads to almost certain PR. Going through an agency makes this easier to get around, as a decent agent should be able to explain the difference to a prospective employer :)

cyclemark Jan 19th 2005 6:06 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Siren
I can't lie and say I have a PR because a) My tax number is a non-resident tax number and b) If they ever ask for it, (which they have the right to do) I can't provide it, thereby, caught in the lie.
Maybe the Canadian accent peaks thier curiosity?? I suppose I could refuse to discuss it but that would come off rude and secretive - also not good on a job interview :(

The FIRST question out of the mouths of job agency reps - "Do you hold a PR?"

Thanks for the support anyway!

Siren

Fair point - lying would not be the best move!

You will have to learn to speak Aussie....

Pollyana Jan 19th 2005 6:13 am

Re: Good news for those on spouse visa's (NOT!)
 
All the applications I did I wrote "PR Pending - Spouse Visa." Its true, I am pending its grant, albeit 13 months to wait.
I don't suggest anyone tells an outright lie, as several employers have asked for a copy of my visa/proof of work rights for Australia on seeing that I only have recent employers listed here.
Not really had any employment issues though -I can't get perm govt jobs, so I go for temp ones (don't know if WA has different rules on this though) - I've just changed to a different govt dept so am now in my second job for them. I know its diffiicult to get to first base, but if you get as far as a phone call, try and elaborate on the family being settled here etc, and the fact that your visa is only temp cos you haven't been married long enough.

I do feel for you, Siren, as you're in a position I dreaded being in, and I think I've been very lucky.

Good luck - hope you find something soon.

Polly

Siren & Brian Jan 19th 2005 6:26 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by bondipom
You are resident for tax purposes. I put resident on my resume, not temp resident (economical with the truth, not a lie).
Good luck applying and sadly you are not the only provisional partner suffering from this.

The new minister for citizenship has still not announced whether he will continue the previous Ministers proposed law change to allow a year on a provisional spouse visa to count towards the 2 years.

<Some snipage done>

Thanks, Bondipom.
I'll try the resident thing. Maybe it wil put them off asking on the phone or in interview.

I hope he does! However, with my luck it will come into effect just as I'm reaching my 5th year here in Oz! LOL

Siren

Siren & Brian Jan 19th 2005 6:31 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Pollyana
All the applications I did I wrote "PR Pending - Spouse Visa." Its true, I am pending its grant, albeit 13 months to wait.
I don't suggest anyone tells an outright lie, as several employers have asked for a copy of my visa/proof of work rights for Australia on seeing that I only have recent employers listed here.
Not really had any employment issues though -I can't get perm govt jobs, so I go for temp ones (don't know if WA has different rules on this though) - I've just changed to a different govt dept so am now in my second job for them. I know its diffiicult to get to first base, but if you get as far as a phone call, try and elaborate on the family being settled here etc, and the fact that your visa is only temp cos you haven't been married long enough.

I do feel for you, Siren, as you're in a position I dreaded being in, and I think I've been very lucky.

Good luck - hope you find something soon.

Polly

Perhaps that might work as well... hmmm. Maybe combine the two? On the resume "Resident" and if asked to elaborate I can say PR pending?

I never thought that getting work would be so difficult! It's not liked I flipped burgers in Canada (though that type of job might be more plausible here...lol.)

Siren

Barbara_CH Jan 19th 2005 6:57 am

Re: Good news for those on spouse visa's (NOT!)
 

Originally Posted by Siren
Since I arrived here in March of 2004 on a Prospective Spouse Visa (Subclass 300) I have been looking for work on and off.

In the beginning, I was unconcerned with not getting a call back as I was informed that each position was receiving 100+ applicants.

Then, I DID get call backs based on my resume but very quickly into the conversation I was asked "So, where are you from?" and "Why are you here?"
Immediately upon discovering that I was here on a spouses visa, I was given "Well, we've had a lot of applicants and it wouldn't be fair to ask you to come in just yet. We'll shortlist and get back to you."

Then nothing. Now I'm pretty sure that the call I got was because I already WAS shortlisted, then vetoed because of my non-permanent status.

Today, I checked the DIMIA site about work rights and I am, in fact, completely entitled to work in Australia. So I rang DIMIA to clarify a few things and it was NOT what I wanted to hear.

1) Every employer has the right to refuse me work because of my temporary status.

2) It is not classified as discrimination. Nor is it a reason to fast-track my application.

3) My PR may take THREE years to process because of the 6 month bridging visa before I get the temp spouse visa and another 6 month wait at the end of that 2 years to get the PR.

All in all, I am SOL when it comes to getting a job here for the next 3 years. :( Unless I can find an employer willing to take a chance on me. Without any Australian work experience and my Canadian experience getting further and further behind me.... well, it's not looking that great.

Luckily, I don't NEED work to survive and can afford to stay home with the kiddos but I am pulling my hair out from boredom. The extra income would come in very handy right now as well.

Ok... Rant over. :(

Siren


I have the same problem..they always ask about the residency and as soon as I mention temporary it's all over. I always try to explain that it will lead into permanent but that never helps. Just had an interview today and they asked me AGAIN..I just said, yes, I am a resident. I don't think I will get a good paid job until I have permanent residency. I am not married to an Aussie, 'only' de facto and I think that could make them think that there is a higher risk of splitting up and leaving the country..I don't know.

I know how frustrating it is, especially if you need the money. (Mine only lasts for another 2 months...paaaanic!) But hang in there, let's not give up!

Barbara


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