Single Mum

In the General Skilled Migration Booklet, it says that recent work experience is part of the basic requirements that must be satisfied before lodging the application.

It says that if the nominated occupation is worth 60 points, must provide employment references that you have been been in paid employment in a skilled occupation for at least 12 of the 18 months immediately before applying.

I already passed the ACS assessnent and will get 60 points for that, IELTS for 20 points, age - 28yo, 30 points, Specific work experience - 10 points (worked in IT for almost 7 years).

My problem now is I have been unemployed since June 16, 2005 and still in the process of securing the birth certificate and passport of my baby (I gave birth 2 weeks ago) so I can include her in my application. This might take more than a month to accomplish.

To meet the basic requirement of the recent work experience, when is the last day I can submit my application? Will it be end of november or 14th of december? How do they do the couting? Is it by day or by month? I was just thinking if they will still consider me as employed in the month of June, since I did not complete the entire month.

Also, what are the required documents to make a valid application if I want to include my baby? The booklet says I must provide them with full birth certificate or other evidence of age for all applicants included in the application. But the document checklist for subclass 136 says certified copy of passport biodata page is required. Is passport really necessary or a birth certificate issued by the local civil registry will suffice?

Thanks to those who will give their time to answer.

spottydog

As far as I was aware a valid application can be lodged with just a positive skills assessment, application form and the correct fee. Why not send off what you have for the application immediately (so you don't risk falling foul of the 12 out of 18 months requirement) then send the certified copy of your baby's birth certificate and passport once you have them.

welshtony

Spotty dog is right, fee. plus Form 47SK that nominates a visa class, plus evidence that your skills have been assessed (can be a negative assessment) = valid application for 136/137.

Assuming you were emplyed continuously for the 12 month period of 16th June 2004 to 15th June 2005, then your valid application should be received by ASPC by 15th December 2005. So they pretty much go by the day to count the 12/18.

Regards

Tony

Single Mum

Yes, I already have a positive skills assessment and I was continously working for 7 years until June 15. But the page 13 of Booklet 6 (Gen Skilled Migration) states that "Full birth certificate or other evidence of age for all applicants included in the application" must be provided during the time I lodge my application or it will be returned as invalid. On the otherhand, the document checklist for 136 requires certified copy of passport biodata page. Are these documents really not required?

JAJ

They cannot return a subclass 136 application as invalid simply because a birth certificate is missing. However as you have a tight deadline, have you thought of hiring an agent familiar with skilled migration (not all agents are) to assist with your application?



Jeremy

welshtony

The booklet is inaccurate, the only related legal requirement for making a valid application would be the need for a "personal Identifier" This would be a signature on the form or a passport-style photograph for each applicant. Your signature is taken to be also on beahlf of any of your children under 16 who are included in the application, send in photo of your baby and then there is no doubt that your baby has also made a valid application.


Tony

obiwan

Hi Tony,

the application will be accepted even if she is not able to provide a certified birth certificate for the newborn baby?

so she only needs to send the passport pictures with the signature (by single mom) at the back?

welshtony

The law says you must, when applying for a visa, provide a personal Identifier. Each member of a family unit applying for a visa is technically making a separate application for a visa, therefore each person included in the visa needs to supply their Personal Identifier. In a case of say two parents and a young child (under 16) both parent's signature on the Form 47SK is accepted as ok for the child as well. With the changes over recent versions of the form 47SK and confusion over the last few signature pages on the form, for a 136 applicant, for example, only the main applicant signs and the main applicant, any spouse and any children 16 and over sign the Social Security acknowledgement. So, signature for spouse can easily be missed and there is no obvious place where you are signing on behalf of any children under 16 - so to be safe, a passport style photo with the name of the applicant written, not signed on the back, just makes sure that the application meets the legal requirements for making of a valid application.

This is all a bit technical but the importance of the validity of an application can not be overstressed - imagine lodging in Single mum's case, it would probably be 4 months later, if it gets through the first screening, that her application is returned to her as invalid. She then faces at least a 12 month return to work before being able to apply again - if she misses the 12 month anniversary of her cessation of employment, she would need to do a new 3 years of experience and turn 30 in the mean=time.


Tony

Single Mum

As much as I wanted to hire an agent, I don't have the budget right now. With all the expenses of childbirth and the visa application fee, this unemployed single mother just couldn't afford it. I'll just try to find ways of doing it on my own with the help of good people like you guys.

jgomezsabado

hi tony. im new here. sorry for my ignorance. are you an agent? it seems you know much about all of these.

Jonahs_mummy

we submitted our 136 without new babys birth cert & passport details. We sent a 1022 form with the documents 4 wks after the initial submission. We did the application DIY without an agent - we only had an agent for the skills assessment.

Single Mum

Was your baby born before you lodge the application? Did you include her name in the form 47sk as a child included in the application?

I was actually wondering if I can do that, lodge the application where my baby is not included in the application, then just submit a change in circumstances to include my baby in the application. Is this acceptable?

welshtony

is a bit of a long story - I worked for DIMIA in Perth from 1986 to 1996 and then became a Registered Agent operating in Perth from 1996. I left Australia for Ireland in April 2001, my wife is from Cork. I spent the next 4.5 years mainly working for a UK based Migration Organisation, providing them with advice and skills assessment services, so my client contact was minimal and, as I was operating outside Australia I did not need to be Registered. So over the last 10 years, my membership has lapsed 3 times I think. It is no problem as long as I re-register within 12 months of my lapse which I always do.

My last registration expired 16th March 2005. I now no longer work for the UK company so am having to get out into the real world again and start up my own business in Ireland/UK but I am between jobs in that my registration may not be sorted until the new year. I can hardly take on clients after advising everybody they should only engage a Registered Migration Agent. So normally, I would not have time to give such detailed answers to postings, but while I have the time, it does me no harm to do this as I have always worked behind the scenes for the UK company and not a lot of people have heard of me.

So there you have it, in a nutshell.


Regards


Tony

ptlabs

If you have a baby after your application was lodged but before it was decided (i.e. before visa grant), you can add your newborn baby into your application by submitting a change of circumstances form plus the identity documents for the baby.

The baby will of course be subjected to a medical check in order for your application to be finalized.

Peter

Buzzy--Bee

And so many of us are grateful for your situation and your advice!

Cheers

Buzzy