wishful

Hi Guys, I hope this thread finds you well

I just thought I'd post this to get your thoughts as we feel that we've hit a dead end!

My Wife and I plan to emmigrate to Australia (Under the skilled sponsored catagory) as soon as we can, we are still in the early stages (Still getting our skills accessed) however have become really unstuck by the Department of Immigration decision to introduce restrictions for skilled visa applicants who have a family sponsor who lives in Sydney.

My Wifes brother has lived and worked in Sydney for approx 7 years and has been an Ozzy citizen for two of these and we needed his sponsorship to get the points that we need. Without the sponsorship we don't have the points

To shine a small ray of hope, My wifes mum and dad recievd their Visa's last week and intend to move out there early next year. I'm unsure of the class of visa they used to get in but know it cost them quite a bit of cash (they are both retired and had to pay the ozzy government over £20k before they could get their visas although the whole process took them under 4 months from start to finish!).

Anyway, the point is they have said if need be they will settle/rent a property outside of Sydney (or one of the applicable areas) so thet can be our sponsors but my question relates to how long would they need to be residents before they could sponsor us?

Also, they don't plan to move until early next year which means we can't even start our application process until they move out if we plan to go this route.

My Wife and I can get enough points (105) to be added to the pool but I'm unsure if applying, knowing that we will be added to the pool is the best way to go as we don't fancy wasting upto 2 years just to find out that we can't get in this way. (one of the main drivers for moving out is our 2 year old son, so ideally we would like to get things sorted before he's nearing school age).

We looked at the remaining relative route as my wife would be the last relative left in the UK after her folks move out but all my family (parents etc) still live in the UK.

Has anyone here managed to get their visa after being in the pool and does anyone have any suggestions on any other avenues that we may have over looked.

My Wife is a training consultant and I'm currently a commercial manager working within IT procurement. However my wife is the lead applicant as on paper I don't have any formal qualifications for my job having just worked my way up over the years.

Any suggestions, top tips, motivational quotes etc would be very greatly apprieciated.

Thanks for all your help in advance!

Go Banana's !!

I admire your don't-give-up attitude as it certainly looks like you have work cut out.

I'm no expert but after being on here for a while you will undoutedly get some good advice, however if you are as determined as you seem then I think you should seek professional advice as "the tricks of the trade" may be able to see a way through.

Sure it may cost you some money but if you want it bad enough then you might find that this is the best way forward.

Good luck following your dreams and your family.

Best wishes

Warren

JAJ

One option you may have is to get assessed in a 50 point occupation that's on the Sydney skill shortage list. If you have a UK degree, this is worth looking at it. For the time being - at least unofficially - DIMIA are saying that only the nominated occupation rather than the work experience needs to be on the Sydney skill list.

But don't try this on your own - hire a top-class registered migration agent (agent needs to be good) to handle this for you. Otherwise the risk of getting it wrong due to confusion is high.

Assuming they have the *permanent* Contributory Parent visa (subclass 143 if applied for offshore) they will be able to sponsor as soon as they arrive in Australia and can show they are *living* there and not just visiting.

If they do have the permanent visa, then who has done the Assurance of Support for them? If it's your wife's brother then he can't act as assurer for you as well (legal limit of two adults) and you'll need to find another.

Correct - they need to be usually resident in Australia before they can sponsor.

Forget the pool.

The only way out of the pool (barring a pass mark reduction that won't happen) is to get nominated by a state government or a regional employer.

You should check the skill shortage lists of Victoria, Tasmania and South Australia to see if there's any prospect of an STNI nomination. With STNI you don't need to worry about points - just basic requirements (70 points are required, but this equals the basic requirement).

People may mention the SIR visa to you - forget it if you only have 105 points as the pass mark is 110 and there are a number of risks and issues with SIR as you don't get permanency immediately - it's only a visa of last resort.

Forget remaining relative on that basis.


You should get some professional advice to make sure your wife's work experience is on the Skilled Occupations List. What skill assessing authority were you planning to use?

Jeremy

wishful

Jeremy, thanks soo much for taking the time to reply

I'll take this away to digest , we will also seek futher advice from an agent as I think this may be the only way to go in the short term

Thanks again, its appreciated!

nj_lawson

Hi, had a vaguely similar situation in that we have been pooled, have now employed a migration agent who has given us hope and other routes to try and are currnelty waiting to see iff we suceed on a STNI.

My recommendation would be to speak to a migration agent which costs nothing see what their preliminary thoughts are and go from there.

All the best
NIcky

JAJ

I understand that a challenge to the legality of the Sydney skill shortage list will be filed in the Federal Court (in Sydney) on 22 October.

Jeremy

wishful

Thanks for this extra note Jermey and thanks for the support nicky

Where is the best place (other than here of course) to get updates on these type of events. I'm sure a challenge on this could bring hope to may people

JAJ

If your agent is not an immigration lawyer (not all agents are) you should discuss the options of getting a lawyer involved on the case.

If the Sydney skill shortage list is ruled invalid - and DIMIA then move to implement the list through Regulations (likely) - it may not necessarily help those who have had invalid 138 applications since 8 Sept unless they have lodged their own review application. Advice from a good immigration *lawyer* is essential.

And of course there's no point in doing any of this if there's another reason why the application can't succeed - eg, you can't get a skill assessment or the work experience is not in a skilled occupation.

Jeremy

PS most Australians will appreciate it if you spell their name correctly

wishful

Hello everyone, very long time no type.

I thought I'd just add to one of my last (very old) posts on this forum to give hope to others.

After all of the hurdles presented to us, we actually got our Perm Residency Visas a year ago yesterday (without the help of an agent) .

The house is now sold (subject to contract) and we hope to be out in WA before the end of this year.

We applied under the skilled sponsored category.

As I've mentioned in previous threads, all went well but a week before we sent our application off Aussie Dept of immigration decided to introduce restrictions stopping folks living in 'restricted sydney postcodes' from acting as a sponsor.

Guess who lived in a restricted postcode? Yep, the brother in law.

So, we had to hatch a cunning plan.

My Brother in law who lives in Sydney had a friend who had a holiday home.

Very genouroulsy, he offered the father-in-law the use of the home (to sue as an address) rent free.

So the father in-law goes out to Sydney last year for 6 months. Rents the property in a non restricted postcode area and acts as our sponsor.

Thankfully he was there long enough for us to get the go ahead for police checks and medicals and forwarding mail to the brother-in-laws address for a further 6 months (just in case).

The time was sufficent enough for us to make the decision to bring him home.

Incidently they never did send any paper work to the address, it was all done by e-mail in the end so who knows how restrictive this restriction actually is (unless they do checks randomly which I'm sure may well be the case).

One of the brother-in-laws Aussie friends (who we have only met once!) agreed to be our Assurer and approx 2 months laters we got our e-mail saying we'd got our Visa's

Anyway I guess the moral of the story is that sometimes getting into Australia seems like an impossibility. However stick with it.

We really thought that was it, our dreams were over but with enough work, determination and 'cunning plans' we got there in the end.

Good luck with all of your journeys downunder

Craig822

Yay

Nice one mate. Good things come to those that wait. Good on you for being so determined, whereabouts in WA are you headed?

All the very best for your new futures.

wishful

Hi mate

We did our Months Rekkie in February and rented a house off the west coast drive in Sorrento.

We fell in love with the place so we'lll probably look at renting around Hillarys or Sorrento for the first 6 - 12 months until we get settled and get to know the wider area better, after then..who knows

Stephen

I agree with JAJ here. If it wasnt for my UK degree (which I just got through the OU) we would be boll***d.

Britishaussie

I'm impressed. Just proves there is nearly always a way. Hope the house sale goes OK.

acbh2

Thats fantastic news just goes to show good things come to those who wait. Good luck for your futures in Oz I hope its everything you want it to be.
Andrea
xx

Craig822

Wishful

Have to agree, thats a nice area. We bought in Connolly which isn't a million miles away. See you at a social sometime next year.

Regards