joninoxford

Following on from my other post, this topic has got me worried. My Provisional Spouse Visa was granted in January, I arrived in Australia in February and have been applying to many jobs. All without exception (50+ jobs I have applied for) say you need to be either a Permanent Resident or Australian citizen to be considered. The only jobs that don't require this seem to be backpacker type jobs and temping. Does that mean people on a Provisional Spouse Visa are greatly limited on what jobs they can apply for? How have other people coped with this? It seems a little hard to believe that everyone in the same boat has been temping for 2 years prior to getting a permanent visa. Help appreciated!

Muzza04

My girlfriends on same visa as you. She works full time.


As provisional spouse...you have the same working rights as a PR visa holder.

joninoxford

Thanks for the reply! So your advice is to apply anyway even if they state you must be a Permanet Resident or Citizen? Do employers legally have the right to say "no provisional spouse visa holders"?.

Muzza04

need to do a bit of research to be sure.

My girlfriend has a spouse defacto visa....dont know subclasss yet..will get back to you on that one.. and she can work anywhere.

Anyway....a while back i ran a check on her working rights etc to see if there were any traps/ conditions attached with this sort of visa.

There are....in claiming benefits/mortgages etc.

But for working/ employment rights....Yes she can apply for any job she likes.

Think it's illegal for employers to have conditions like " no provisional spouse visas"

I mean..how the heck you going to support yourself...when you cant claim dole money etc.

Muzza04

go to:

www.immi.gov.au

and in partner migration there is a booklet in PDF format...and on page 21 says you have full working rights.

jayr

I thin that "Austrlaian Citizinship or Permanet Resident" is generally shorthand for youneed to have the right to work here - we won't help you.

There are certain jobs, probably limited to Government and military which only accept citizenship I think.

The difficulty getting a job is common and not likely to be related to your visa status.

bondipom

It depends on the employer. Lying by ommission is probably the best bet. You are an Australian resident. Don't mention the temp bit.

As said before you can take any job you are offered. Some federal government positions require Australian citizenship but state government jobs normally require PR.

I arrived here on a provisional spouse visa as well. Contracted for a while and was offered the permanent job despite it being advertised for PRs.

Pollyana

I have to admit that apart from govt and university jobs, I haven't seen much inisistence on PR. Temp govt jobs are OK on a Pros Spouse or Temp Rseidence. Most forms ask if you have PR, I always put "Spouse Visa", it shows an intention to stay, as opposed to a temp business visa or WHV. As long as you are up front about the visa status (and point out that it leads to PR) theres no harm in applying for jobs that say PR only - then its up to them if they want to bend the rules. Nothing ventured, nothing gained.
Spouse visas, of whichever sort, show an intention to settle here, thats what they are after.

Peter

It's silliness like this that adds credence to the need for Australia to introduce a work permit card. One that states this person is authorised to live and work in Australia. No having to discuss subclasses with some clown employer who wouldn't know a provisional spouse visa from the man in the moon.

Here in the US, I simply show my card and hey presto.

Pollyana

You're right, that would make such a difference. I have had discussions with 4 government depts now that have said, yes, my visa is as good as PR - 18 months to wait for it in writing though, and until then we are both stuck as they can't employ me (assuming they wanted me!!!! )
The minute I say I am married to an Aussie, there is a change of attitude from "oh, she's a Brit here temporarily" to "Ooooh she's actually settled here"
A work permit card with basic conditions would be a really good idea.

Muzza04

You gotta remember...Australia aint as advanced as the US or Europe when it comes to work permits.


At least here with the system, they have some control, unlike the UK where there are dodgy people about handing out fake NI cards which are pretty much a license to work.

Pollyana

I'll give you that one; shame there is no happy medium though - UK one extreme, Oz the other. Seems the Americans have this one a bit better sorted. Must be a nightmare for employers here, with so many different visa rules and classes.

Jacko1

Surely your visa is a PR with citizenship granted after 2 years?

My other half has a PR visa and I am Australian

PJ

Peter

No, it's a temporary visa. It gets reassessed at 2 years for PR status.

http://www.immi.gov.au/migration/fam...ners/index.htm

Has the lowdown on the differences.

JAJ

The local DIMIA office will always be more than happy to confirm the extent of work rights on any visa.

A 'work permit' card wouldn't make any difference to the *real* issue - employers do not want to hire someone whose visa may expire and leave them in the lurch without an employee. They could always sponsor for a work visa in the worst case scenario, but they generally hate the thought of that.

This is not an problem for casual jobs, but is often an issue when 'career' jobs on offer. No 'working card' is going to fix that problem.

Incidentally, Australians in the UK on the four year Ancestry visa (which can be converted to PR after four years working) can sometimes experience the same problem - employers offering career jobs often want to see someone with UK citizenship or PR status.

Jeremy