RSMS & spousal queries....

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Old Aug 5th 2011, 11:07 pm
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Default RSMS & spousal queries....

Hi,
In a bit of a sticky situtation at the moment and would love if someone could provide some insight into everything. We get conflicting information whenever we speak to immigration helpline and have even sought the hekp of a migration agent but I was correcting her on things that she said.

RSMS
I was nominated for a role in a regional area but my employer received notification that on the 25th July stating that the nomination was refused by DIAC as the company is a smaller company and they did not see the need for my role. This nomination had already been approved by the Department of Business!! I received an email from DIAC on the 25th July offering me the opportunity to withdraw my application. The 2 options were to withdraw the application within 28 days or keep the application in. After that I have another 28 days to leave Australia. Worried about the appeal process as there will be no further proof regarding the role and that it is required (the company has recently bought another company that has doubled their client base but DIAC didn't regard this in assessment). Have been advised that the appeal process can take 2 - 3 years and then the visa commences after this.

Spousal
I am currently engaged to an Australian citizen and we have plans to marry before my visa ceases. As I'm currently on a bridging visa (non substantaive), I would be granted a bridging visa C with no work rights. We have been told that if we can show compelling need to work this may be waived. What details are required to show these compelling reason?

Sorry about the long winded email but trying to look at all avenues?
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Old Aug 6th 2011, 12:29 am
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Default Re: RSMS & spousal queries....

Well if I were about to marry an Australian I would not bother pursuing the appeal, the energy and stress involved doesn't seem worth it.

To get work rights when your bridging visa doesn't allow it, you would most probably have to prove financial hardship. Can you do that? What do you live on now?

Or could you not just wait for the visa?
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Old Aug 6th 2011, 12:35 am
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Default Re: RSMS & spousal queries....

Originally Posted by dublingal
Hi,
In a bit of a sticky situtation at the moment and would love if someone could provide some insight into everything. We get conflicting information whenever we speak to immigration helpline and have even sought the help of a migration agent but I was correcting her on things that she said.
Stop trying to get advice from the immigration helpline (it's the last place you should look) and if the migration agent isn't sure, then find another one immediately.

I can see a whole host of red flags in what you post, including a possible Section 48 bar and Schedule 3 criteria.

I recommend that you find a good migration agent straight away. One good option is George Lombard in Sydney - call 02 97990085. Another option is to contact an organisation like IARC, http://www.iarc.asn.au but I'm not sure that you can afford to wait for a response. Be prepared to pay for professional advice.
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Old Aug 7th 2011, 10:41 pm
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Default Re: RSMS & spousal queries....

We have calculated our income without my partner and we would be minus $350 per fortnight so fingers crossed they consider that financial hardship. We have based in the Northern Territory, do you know if that migration agent does phone interviews?
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Old Aug 7th 2011, 10:42 pm
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Default Re: RSMS & spousal queries....

Originally Posted by dublingal
We have calculated our income without my partner and we would be minus $350 per fortnight so fingers crossed they consider that financial hardship. We have based in the Northern Territory, do you know if that migration agent does phone interviews?
He does have clients outside Sydney and you can work by phone/email/courier as needed. I recommend you call immediately. If he can't help he should normally refer you elsewhere.
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