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Change of Visa? What should i do?? Pls help...

Change of Visa? What should i do?? Pls help...

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Old Mar 21st 2006, 4:16 am
  #1  
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Default Change of Visa? What should i do?? Pls help...

Hi all,

I have applied for Skilled Migration Class 136, non-modl visa in August 2005 and have not had Medical/ PCC request as of today. I guess it's going to take another 5 to 6 months time before i know if my application is successfully.

Nevertheless, i have some questions here. I have recently applied a job in OZ and high chance that the company is going to sponsor me to work there. Since i have already applied for my 136 visa, how should the sponsorship go about? My other questions are:

1) Should i inform DIMIA about the sponsorship? What needs to be done?
2) By informing DIMIA, will my application for Class 136 visa be processed faster?
3) Can 2 applications be processed at the same time?

Does anyone here have same experience? Any advices would be greatly appreciated.

Thanks in advance.
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Old Mar 21st 2006, 11:09 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by PTM
Hi all,

I have applied for Skilled Migration Class 136, non-modl visa in August 2005 and have not had Medical/ PCC request as of today. I guess it's going to take another 5 to 6 months time before i know if my application is successfully.

Nevertheless, i have some questions here. I have recently applied a job in OZ and high chance that the company is going to sponsor me to work there. Since i have already applied for my 136 visa, how should the sponsorship go about? My other questions are:

1) Should i inform DIMIA about the sponsorship? What needs to be done?
2) By informing DIMIA, will my application for Class 136 visa be processed faster?
3) Can 2 applications be processed at the same time?

Does anyone here have same experience? Any advices would be greatly appreciated.

Thanks in advance.
Are the company sponsoring you for a temporary or permanent visa? Assuming it's a temp visa:


1. Yes. You can use form 1022. And DIMA will need to know your address in Australia.
2. No. Nor will it increase your chances of getting the 136 visa.
3. Yes. But be careful. If your 136 is granted, and your temp visa has not yet been granted, you should immediately withdraw that application. A later visa *granted* cancels an earlier visa (people have lost PR visas that way).


You will need to leave Australia (eg New Zealand) to have your 136 visa granted. Also don't be surprised by any of these issues with the temporary visa meanwhile:
http://britishexpats.com/forum/showthread.php?t=357804
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Old Mar 22nd 2006, 12:05 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by JAJ
Are the company sponsoring you for a temporary or permanent visa? Assuming it's a temp visa:


1. Yes. You can use form 1022. And DIMA will need to know your address in Australia.
2. No. Nor will it increase your chances of getting the 136 visa.
3. Yes. But be careful. If your 136 is granted, and your temp visa has not yet been granted, you should immediately withdraw that application. A later visa *granted* cancels an earlier visa (people have lost PR visas that way).


You will need to leave Australia (eg New Zealand) to have your 136 visa granted. Also don't be surprised by any of these issues with the temporary visa meanwhile:
http://britishexpats.com/forum/showthread.php?t=357804


Hi JAJ,

Thanks for the prompt reply. If my temp visa happens to be granted before my 136 visa, there shouldn't be any impact right? Please advise. Thanks.

PTM
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Old Mar 22nd 2006, 3:41 am
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Default Re: Change of Visa? What should i do?? Pls help...

Hi,

Yeah ur right provided temp visa granted before 136 visa. U will have
to leave Australia at the time of grant of ur 136 visa.

Yogee.
 
Old Mar 22nd 2006, 5:16 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by Yogee
Hi,

Yeah ur right provided temp visa granted before 136 visa. U will have
to leave Australia at the time of grant of ur 136 visa.

Yogee.
Thanks JAJ and Yogee.

As i'm short of 5 point and had to opt for 100K capital investment under my 136 visa application, i'm wondering if it happen that my temp visa is granted before my 136 visa, is there any way which i can use the fact that i have an job offer in OZ to make up the 5 points and need not make the 100K investment for my 136 visa?

Please advise me..Thanks in advance...
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Old Mar 22nd 2006, 7:32 am
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Default Re: Change of Visa? What should i do?? Pls help...

Hi,

Have you checked STNI nomination list for South Australia, WA, Victoria
??? If your occupation is in the list then it will be good option to
adopt 137 STNI visa. U can convert 136 into 137 without paying another
visa fees.

Hope this helps

Yogee.
 
Old Mar 22nd 2006, 11:17 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by PTM
Thanks JAJ and Yogee.

As i'm short of 5 point and had to opt for 100K capital investment under my 136 visa application, i'm wondering if it happen that my temp visa is granted before my 136 visa, is there any way which i can use the fact that i have an job offer in OZ to make up the 5 points and need not make the 100K investment for my 136 visa?

Please advise me..Thanks in advance...

No points for a job offer unless your nominated occupation is on MODL.
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Old Mar 23rd 2006, 12:39 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by JAJ
No points for a job offer unless your nominated occupation is on MODL.
Unfortunately, my job offer is neither under modl nor STNI nomination list..
Hence, i guess i have to pay another visa fee.

Sorry i have some more questions, please help me to answer them..

1) How long typically does it take to apply a 457 temp visa, a few weeks or few months?

2) I have read the General Migration booklet 6 and it states 'If you applying for an Offshore General Skilled Visa, you must be outside Australia when the visa is granted.' For my case, if my temp visa is granted and i have to start working in OZ before my 136 is granted, will there be a problem? What should i do?

Please advise....Thank you so much..

PTM
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Old Mar 23rd 2006, 5:08 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by PTM
Unfortunately, my job offer is neither under modl nor STNI nomination list..
Hence, i guess i have to pay another visa fee.

Sorry i have some more questions, please help me to answer them..

1) How long typically does it take to apply a 457 temp visa, a few weeks or few months?

2) I have read the General Migration booklet 6 and it states 'If you applying for an Offshore General Skilled Visa, you must be outside Australia when the visa is granted.' For my case, if my temp visa is granted and i have to start working in OZ before my 136 is granted, will there be a problem? What should i do?

Please advise....Thank you so much..

PTM


I'm getting confused. Beside the questions i asked above, i have more questions after reading 'Employer nomination Scheme'. I understand the employer can also sponsor me for permanent visa (Class 856).

If the employer sponsor me for a permanent visa (Class 856),

1) How long typically does it take to apply a 856 permanent visa, a few weeks or few months?
2) Do i still need to obtain a 136 visa for permanent residency in OZ?
2) What is the difference between Class 856 and 136 visas?
3) With the 856 visa granted, does that mean that I'm consider a PR in OZ and that i can work for other employer beside this one whom sponsor me?
4) Can i apply to become an OZ citizen with 856 visa? Is there any restriction with 856 visa?


Nevertheless, if the employer sponsor me for a temporary visa (Class 457),

1) How long typically does it take to apply a 457 temp visa, a few weeks or few months?

2) I have read the General Migration booklet 6 and it states 'If you applying for an Offshore General Skilled Visa, you must be outside Australia when the visa is granted.' For my case, if my temp visa is granted and i have to start working in OZ before my 136 is granted, will there be a problem? What should i do?

Sorry for asking so many questions....please help me as i'm really very confused...

Thank you so much...

PTM
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Old Mar 23rd 2006, 6:53 am
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Default Re: Change of Visa? What should i do?? Pls help...

hi

u have to leave Australia at the time of grant of visa. Generally
people arrange a trip to NZ for a week.
Regarding other queries I guess you need professional advice
 
Old Mar 23rd 2006, 11:47 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by PTM
I'm getting confused. Beside the questions i asked above, i have more questions after reading 'Employer nomination Scheme'. I understand the employer can also sponsor me for permanent visa (Class 856).

If the employer sponsor me for a permanent visa (Class 856),

1) How long typically does it take to apply a 856 permanent visa, a few weeks or few months?
2) Do i still need to obtain a 136 visa for permanent residency in OZ?
2) What is the difference between Class 856 and 136 visas?
3) With the 856 visa granted, does that mean that I'm consider a PR in OZ and that i can work for other employer beside this one whom sponsor me?
4) Can i apply to become an OZ citizen with 856 visa? Is there any restriction with 856 visa?

1. A few months normally, however a skill assessment is usually required for immediate PR. Employer nominated visa are given priority. But then some 457 applications take months too.
2. Not if you have an 856. Both 856 and 136 are permanent visas.
3. Yes. However if you never took up the job at all, this could appear to be visa fraud to DIMA.
4. Yes, after meeting normal residence requirements.

The subclass 856 visa is onshore, and is only for people already admitted to Australia in another capacity. Offshore ENS is subclass 121.

If you ended up on an RSMS visa - subclass 119 or 857 - then the answer to "3" is different as there is a legal obligation to make a 'genuine effort' to complete 2 years with your sponsoring employer and your visa can be cancelled if you don't. DIMA could extend this to ENS visas if they wished.
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Old Mar 24th 2006, 5:20 am
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Default Re: Change of Visa? What should i do?? Pls help...

Originally Posted by JAJ
1. A few months normally, however a skill assessment is usually required for immediate PR. Employer nominated visa are given priority. But then some 457 applications take months too.
2. Not if you have an 856. Both 856 and 136 are permanent visas.
3. Yes. However if you never took up the job at all, this could appear to be visa fraud to DIMA.
4. Yes, after meeting normal residence requirements.

The subclass 856 visa is onshore, and is only for people already admitted to Australia in another capacity. Offshore ENS is subclass 121.

If you ended up on an RSMS visa - subclass 119 or 857 - then the answer to "3" is different as there is a legal obligation to make a 'genuine effort' to complete 2 years with your sponsoring employer and your visa can be cancelled if you don't. DIMA could extend this to ENS visas if they wished.

Dear JAJ,

Thank you so much for your detailed explanation. At this moment, i do not know which visa i will be expecting for that job offer. But since my job offer is not from regional areas of OZ, it should be either ENS Subclass 121 (permanent visa) or Subclass 457 (Temporary visa) , right?

My main concern now is my application for 136 visa, i'm worried that things may start to go wrong when i'm applying 2 visas simultaneously.

Ideal case would be 136 visa being granted first.

If not, am i right to say the following:

1) If the empolyer sponsor me with subclass 457 temp visa, i willl need to have the 136 visa to become PR, right?
***In this case, if i enter OZ with 457 visa before my 136 visa is granted, will my 136 visa be refused since the General Migration booklet 6 states that 'If you applying for an Offshore General Skilled Visa, you must be outside Australia when the visa is granted.' ????? What should i do?

2) If the empolyer sponsor me with subclass 121 permanent visa, subclass 136 visa is no longer needed to gain permanent residency in OZ and i can apply for citizenship after meeting normal residence requirements, right?

I'm sorry for asking so many questions cos' i'm really very lost. I truly appreciate your patience and help in answering those questions for me. Thank you so much....

PTM
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