Prudi

Grrrrrrr!!!!! Up until now, my thinking was, "it happens when it happens". Now I want the PR to come through as soon as possible. I just found out that I am entitled to nothing from my old company that went into liquidation (back pay, redundancy, etc) due to not being PR. They will reconsider if my situation changes within a year of the liquidation date, so now I am really hoping Brisbane get their skates on. Grrrr!

Prudi

I realise I am talking to myself here, which is terribly bad form, but I've just re-read the rejection letter. It says the reason I am not eligible is that my visa is temporary, and that I am not entitled to permanently reside in Australia. My visa definitely says provisional, not temporary. Are they the same thing? I always thought that my visa wasn't temporary because it didn't have an end date. Is it all semantics and legalese, or do I hypothetically have grounds to query the decision? Just thinking out loud really, wondering if I can definitely get the cash sooner rather than probably getting it later... Look, there's a straw; watch me clutch at it.

I feel like such a chump for not realising that I was going to get so stuffed by this. I honestly believed that the employment contract I had, that said I was entitled to salary, and redundancy pay, and payment in lieu of notice, was actually worth something more than absolutely chuff all. I'm hardly noticing the discrimination against foreigners - maybe I don't have enough anger in me to be angry on two fronts!

/rant over

navdeepkaur

call DIAC they will give u rough idea about ur progress of ur application

Prudi

Maybe I will e mail them (I am better with the written word), and in no way ask them to rush my visa, but to put the merest hint of a thought in their minds that if they were to grant my PR a little quicker, it would be an act of karmic human kindness to someone who through no fault of her own has fallen between the cogs of the Australian governmental and legislative systems, and would help to dispel the beginnings of any feelings of injustice or discrimination beginning to form in the soul of a new immigrant who so dearly wants to believe that Australia is a country where everyone can have a "fair go".

Or something. Must be bedtime now!

Pollyana

You could certainly try and challenge it with the company on the grounds that the visa is provisional and leads to PR - and you can't get PR without holding the provisional visa first. However its then up to the company whether they will play ball or not. I did try that explanation for a Qld Govt job which I wasn't allowed to take cos I was still on the Temp Spouse visa, but they wouldn't play, even with the support of my bosses at the time.
Worth a go though; being Temp Spouse does show clear intent to settle here permanently after all

SillyOldBag

I am indeed an ignoramus but I would agree that there are certainly grounds on which to dispute their decision, the visa is only temporary in so far as it leads to a PR visa as long as you meet one proviso .... which is of course to still be in the same ongoing relationship after a two year period. If they are processing the application, you have already met the 2 year proviso and therefore it is only red-tape, bureaucracy and possibly government underfunding of DIAC leading to delays/backlogs which are preventing you from already having your permanent visa. I rest my case and my weary arse

navdeepkaur

did u call them. they r very helpful and will assist u with ur query.

Prudi

Thanks for your input, guys, and for being sympathetic to my, um, tired and emotional posts.

It's actually the Department of Education, Employment and Workplace Relations who decide on the entitlements since the company is long liquidated. I kind of like the idea of pitting one government department against another! Pollyana - good point on provisional leading to permanent, I probably wouldn't have thought of that in quite such a linear fashion. Dorothy - a loveable and helpful ignoramus! Again, it probably wouldn't have occurred to me that I almost certainly would have had the PR by now, had it not been for backlogs...!

I will consider my options over the weekend, and then I might get in touch with DIAC. (Haven't done it yet as I can't make a private call from work. Oddly, the company I now work for is closely affiliated to DIAC. Funny little irony, eh?) Anyway, enough off-topic chat. As you were, people!

joquin

And Finaly Today PR Granted OMG

MeinMel

Congrats joquin!

Prudi

Very happy for you! You waited ages for that!

navdeepkaur

i m very happy for u .thats great news i m in que applied in march 2011 .i heard they r clearing the backlog very soon

SillyOldBag

Congratulations! It's a great feeling isn't it! Next step citizenship!

Brisneyland

Very happy for you Joquin.

joquin

Yes its a great feeling

I first arrived here in june 2007 went back to blighty for 10 months in 2008 came back in jan 2009

Am i right in assuming that if the rules dont change i should be able to apply for citizenship in august 2012....?