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conditions on independent skilled immi visa

conditions on independent skilled immi visa

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Old Oct 5th 2002, 9:34 am
  #1  
Custard
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Default conditions on independent skilled immi visa

I have applied for independent skilled migration to australia as a
teacher. The high comm. in London informed me they would let me know
of their decision in june 2003. This is my question, can my partner
apply if married to me, for spouse visa once mine is approved. And if
I have to enter oz before a date, (once visa is issued) can I just
enter to activate the immi visa and then leave to go back to uk, if
this is allowed how long can i remain out of oz? Also what happens if
an applicant falls pregnant, ?? sorry about the amount of questions!
Thanks for info.
 
Old Oct 5th 2002, 9:19 pm
  #2  
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Default Re: conditions on independent skilled immi visa

Originally posted by Custard:
I have applied for independent skilled migration to australia as a
teacher. The high comm. in London informed me they would let me know
of their decision in june 2003. This is my question, can my partner
apply if married to me, for spouse visa once mine is approved. And if
I have to enter oz before a date, (once visa is issued) can I just
enter to activate the immi visa and then leave to go back to uk, if
this is allowed how long can i remain out of oz? Also what happens if
an applicant falls pregnant, ?? sorry about the amount of questions!
Thanks for info.
Hi there,

I'm a bit unsure of your first question. You could apply together just now as defacto (ie living together but not married). Once you have been issued with a visa you are given an initial entry date which means you and any people on the application must enter australia by. You can then leave and come back to the uk and return as many times to oz providing it is within the five year peoriod. This period takes afffect from the date your visa is granted. As for being pregnant I'm not sure.

Hope this helps

Ginny
Ginny is offline  
Old Oct 6th 2002, 2:01 am
  #3  
Jaj
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Default Re: conditions on independent skilled immi visa

    >On 5 Oct 2002 02:34:25 -0700, [email protected] (custard) wrote:
    >I have applied for independent skilled migration to australia as a
    >teacher. The high comm. in London informed me they would let me know
    >of their decision in june 2003.

It sounds unusual for them to commit to a date so far in advance.
Yours may well be one of the applications going to Adelaide.


    >This is my question, can my partner
    >apply if married to me, for spouse visa once mine is approved.

Absolutely not. Once your visa is issued (if you've applied as a
single person) you *cannot* get married between then and your first
entry into Australia.

If on the other hand you get married before visa grant, you should
tell the Australian authorities. Your spouse will be added to your
application but will have to do medicals and police checks.

If you're currently living together with your partner you should
already have told the AHC. Once you've been living together for 12
months, they may add him to your application.


One of the more common reasons for PR visas to be cancelled is where
someone approaches the Department after arrival to sponsor a spouse
who was not included on their immigration application. The Department
scrutinise these quite closely.

If you're still confused about what you should do, I suggest you hire
an agent pronto.


    >And if
    >I have to enter oz before a date, (once visa is issued) can I just
    >enter to activate the immi visa and then leave to go back to uk

Yes, you can.


    >, if
    >this is allowed how long can i remain out of oz?

You should make the move within 5 years of the date your visa is
granted. But ideally, so that you don't have travel problems after
your visa expires, you should move within 3 years. That's because you
will need a resident return visa if you want to travel after the 5
year period, and you need to live in Australia for 2 years to get one
of these easily. Five minus two equals three.



    >Also what happens if
    >an applicant falls pregnant, ??


Pregnancy and immigration applications don't mix well.

If you fall pregnant before you do medicals, your application goes on
hold until the baby arrives. The baby is then added to your
application.

There are other scenarios where the baby is born before after
medicals, but before visa grant, or between visa grant and first
entry, or after first entry in Australia, or after first entry
overseas. A good agent should be able to explain the consequences
of any of these less common scenarios.

As I said, pregnancy and immigration don't mix well.

Jeremy
 
Old Oct 7th 2002, 7:55 am
  #4  
Custard
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Default Re: conditions on independent skilled immi visa

[email protected] (JAJ) wrote in message news:...
    > >On 5 Oct 2002 02:34:25 -0700, [email protected] (custard) wrote:
    > >I have applied for independent skilled migration to australia as a
    > >teacher. The high comm. in London informed me they would let me know
    > >of their decision in june 2003.
    > It sounds unusual for them to commit to a date so far in advance.
    > Yours may well be one of the applications going to Adelaide.
    > >This is my question, can my partner
    > >apply if married to me, for spouse visa once mine is approved.
    > Absolutely not. Once your visa is issued (if you've applied as a
    > single person) you *cannot* get married between then and your first
    > entry into Australia.
    > If on the other hand you get married before visa grant, you should
    > tell the Australian authorities. Your spouse will be added to your
    > application but will have to do medicals and police checks.
    > If you're currently living together with your partner you should
    > already have told the AHC. Once you've been living together for 12
    > months, they may add him to your application.
    > One of the more common reasons for PR visas to be cancelled is where
    > someone approaches the Department after arrival to sponsor a spouse
    > who was not included on their immigration application. The Department
    > scrutinise these quite closely.
    > If you're still confused about what you should do, I suggest you hire
    > an agent pronto.
    > >And if
    > >I have to enter oz before a date, (once visa is issued) can I just
    > >enter to activate the immi visa and then leave to go back to uk
    > Yes, you can.
    > >, if
    > >this is allowed how long can i remain out of oz?
    > You should make the move within 5 years of the date your visa is
    > granted. But ideally, so that you don't have travel problems after
    > your visa expires, you should move within 3 years. That's because you
    > will need a resident return visa if you want to travel after the 5
    > year period, and you need to live in Australia for 2 years to get one
    > of these easily. Five minus two equals three.
    > >Also what happens if
    > >an applicant falls pregnant, ??
    > Pregnancy and immigration applications don't mix well.
    > If you fall pregnant before you do medicals, your application goes on
    > hold until the baby arrives. The baby is then added to your
    > application.
    > There are other scenarios where the baby is born before after
    > medicals, but before visa grant, or between visa grant and first
    > entry, or after first entry in Australia, or after first entry
    > overseas. A good agent should be able to explain the consequences
    > of any of these less common scenarios.
    > As I said, pregnancy and immigration don't mix well.
    > Jeremy

Thanks for all that info, makes things clearer... I'm not actually
living with my partner, but will be in 6 months as I'm travelling at
the moment. ( I have informed high comm. in london of my travels)
Shall I tell them I have a partner too? (i was single when i applied a
year ago) Do I have to live with him first for 12 months before he can
be added to my pr application. And also does he have to have any
skills assessed or simply added to my application? In the situation of
pregnancy, is it better to wait until I enter oz? So if he is added
now to my application will it take longer to get approval? The date I
was given was May/June 2003, without all this other stuff.
Thanks again.
 
Old Oct 11th 2002, 10:43 pm
  #5  
Jaj
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Default Re: conditions on independent skilled immi visa

If you don't live together (and haven't done so previously) then he's
not considered your partner.

Once you start living together then you must tell DIMIA - however he
still won't legally be treated as your partner until you've lived
together for 12 months. I'm not sure if they apply this only at time
you apply for the skilled visa, or at any time, however.

If you're engaged to be married you need to tell them that also.

If he ends up being treated as your partner on your skilled
application, he won't need his skills assessed or anything, but will
need to do medical and police checks at the same time as you.

If he's not treated as your partner, you will have to sponsor him for
a spouse visa after you've made your first entry to Australia. New
application form and fee, plus he spends 2 years on the temporary visa
before getting PR.

You should make sure that you:
1. tell the Department all the details about your relationship.
2. If you need to sponsor him for a spouse visa later, make sure what
you tell the Department then is consistent with what you told them at
the time of applying for your skilled visa, otherwise you can end up
in real trouble.

Jeremy


    >On 7 Oct 2002 00:55:19 -0700, [email protected] (custard) wrote:
    >Thanks for all that info, makes things clearer... I'm not actually
    >living with my partner, but will be in 6 months as I'm travelling at
    >the moment. ( I have informed high comm. in london of my travels)
    >Shall I tell them I have a partner too? (i was single when i applied a
    >year ago) Do I have to live with him first for 12 months before he can
    >be added to my pr application. And also does he have to have any
    >skills assessed or simply added to my application? In the situation of
    >pregnancy, is it better to wait until I enter oz? So if he is added
    >now to my application will it take longer to get approval? The date I
    >was given was May/June 2003, without all this other stuff.
    >Thanks again.
 
Old Oct 12th 2002, 4:04 am
  #6  
Custard
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Posts: n/a
Default Re: conditions on independent skilled immi visa

[email protected] (JAJ) wrote in message news:...
    > If you don't live together (and haven't done so previously) then he's
    > not considered your partner.
    > Once you start living together then you must tell DIMIA - however he
    > still won't legally be treated as your partner until you've lived
    > together for 12 months. I'm not sure if they apply this only at time
    > you apply for the skilled visa, or at any time, however.
    > If you're engaged to be married you need to tell them that also.
    > If he ends up being treated as your partner on your skilled
    > application, he won't need his skills assessed or anything, but will
    > need to do medical and police checks at the same time as you.
    > If he's not treated as your partner, you will have to sponsor him for
    > a spouse visa after you've made your first entry to Australia. New
    > application form and fee, plus he spends 2 years on the temporary visa
    > before getting PR.
    > You should make sure that you:
    > 1. tell the Department all the details about your relationship.
    > 2. If you need to sponsor him for a spouse visa later, make sure what
    > you tell the Department then is consistent with what you told them at
    > the time of applying for your skilled visa, otherwise you can end up
    > in real trouble.
Hi thanks for all this info.. can you answer this now..
What do you mean about being consistent with info or i'll get in
trouble?
My boyfriend and I aren't engaged just dating but are serious about
each other and will luve together in the UK next spring... as i'm
currently travelling - soon with him too. So I didn't meet him until
after I applied for ISM...can he still be added to my form. I'm in Oz
at the moment on WHM visa - should I tell the office over here, or
write to london high commission to let them know I am in a
relationship? Do we have to live together in the UK first? And will my
application simply be placed on hold if they approve it? Sorry bout
all these questions, just want to be clear on what to do.
    > Jeremy
    > >On 7 Oct 2002 00:55:19 -0700, [email protected] (custard) wrote:
    > >
    > >Thanks for all that info, makes things clearer... I'm not actually
    > >living with my partner, but will be in 6 months as I'm travelling at
    > >the moment. ( I have informed high comm. in london of my travels)
    > >Shall I tell them I have a partner too? (i was single when i applied a
    > >year ago) Do I have to live with him first for 12 months before he can
    > >be added to my pr application. And also does he have to have any
    > >skills assessed or simply added to my application? In the situation of
    > >pregnancy, is it better to wait until I enter oz? So if he is added
    > >now to my application will it take longer to get approval? The date I
    > >was given was May/June 2003, without all this other stuff.
    > >Thanks again.
 
Old Oct 12th 2002, 8:09 am
  #7  
Jaj
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Posts: n/a
Default Re: conditions on independent skilled immi visa

Example:

You start a de-facto relationship after you apply for skilled
migration, but don't tell the Department. After arriving in Australia
you try to sponsor your partner for residence. As part of that you
will need to make declarations about how you met etc. The first thing
they will look at is how the timeline compares with what you told the
Department when applying for migration. If they don't compare
alongside each other, not only will he have problems, but you'll be in
a mess too.

Just tell the Department about your circumstances. It's really quite
simple. It doesn't mean he'll be added to your application, as you'd
need to meet the requirement to have lived together for 12 months.

Immigration and starting relationships don't mix very well (I know I
said this about pregancy too).

If you're still confused after all this I'm afraid you need to hire an
agent.

Jeremy

    >On 11 Oct 2002 21:04:31 -0700, [email protected] (custard) wrote:
    >Hi thanks for all this info.. can you answer this now..
    >What do you mean about being consistent with info or i'll get in
    >trouble?
    >My boyfriend and I aren't engaged just dating but are serious about
    >each other and will luve together in the UK next spring... as i'm
    >currently travelling - soon with him too. So I didn't meet him until
    >after I applied for ISM...can he still be added to my form. I'm in Oz
    >at the moment on WHM visa - should I tell the office over here, or
    >write to london high commission to let them know I am in a
    >relationship? Do we have to live together in the UK first? And will my
    >application simply be placed on hold if they approve it? Sorry bout
    >all these questions, just want to be clear on what to do.
    >> Jeremy
 

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