visa dilemma

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Old Jan 28th 2009, 10:09 am
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Default visa dilemma

hi,my family and i have got the chance to get a residents return visa subject to my wife getting a job offer.{midwife}
our dilemma is that we don't plan on returning for a few years {various reasons}.

one agent has said that if,for visa purposes, she gets a job offer, she need not take job, while another has said that if she doesn't take the job the hospital "could" report her to immigration authorities claiming she falsely obtained visa and thus risk losing our visa.

we feel we don't want to commit to job at present as we have a young family,settling in period,planning to move to a different area of australia,
currently under rental contract in uk and a few other reasons.

we wonder what the likelyhood of an employer reporting such an incident would be or if anyone has experienced something similar.

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Old Jan 28th 2009, 10:45 am
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Default Re: visa dilemma

Originally Posted by fitz
hi,my family and i have got the chance to get a residents return visa subject to my wife getting a job offer.{midwife}
our dilemma is that we don't plan on returning for a few years {various reasons}.

one agent has said that if,for visa purposes, she gets a job offer, she need not take job, while another has said that if she doesn't take the job the hospital "could" report her to immigration authorities claiming she falsely obtained visa and thus risk losing our visa.

we feel we don't want to commit to job at present as we have a young family,settling in period,planning to move to a different area of australia,
currently under rental contract in uk and a few other reasons.

we wonder what the likelyhood of an employer reporting such an incident would be or if anyone has experienced something similar.

Hi Fitz

One for your own conscience there - If you need the job offer to prove close tie, see if you can get a job offer where the prospective employer knows that you are likely not to take it up for possibly 2 years - this would be possible for a nurse and more likely if she has sought after experience. Even if you were reported, DIAC could not prove that you never intended to go er u nless they identified yrom this topic.

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Old Jan 29th 2009, 1:01 pm
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Default Re: visa dilemma

Originally Posted by welshtony
Hi Fitz

One for your own conscience there - If you need the job offer to prove close tie, see if you can get a job offer where the prospective employer knows that you are likely not to take it up for possibly 2 years - this would be possible for a nurse and more likely if she has sought after experience. Even if you were reported, DIAC could not prove that you never intended to go er u nless they identified yrom this topic.

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Tony Coates
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thanks for comments,as you say it's our conscience and we would hate to be doing anything underhand.
we will write to possible employers and explain that we don't plan to move out for a few years and see how it goes,this should,hopefully, avoid any possible problems.

thanks........
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Old Jan 30th 2009, 12:37 am
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Default Re: visa dilemma

Originally Posted by fitz
hi,my family and i have got the chance to get a residents return visa subject to my wife getting a job offer.{midwife}
our dilemma is that we don't plan on returning for a few years {various reasons}.
Unclear what is meant by this, noting the criteria for a resident return visa:
http://www.immi.gov.au/allforms/pdf/968i.pdf
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Old Jan 30th 2009, 1:37 am
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Default Re: visa dilemma

Originally Posted by JAJ
Unclear what is meant by this, noting the criteria for a resident return visa:
http://www.immi.gov.au/allforms/pdf/968i.pdf
Hi JAJ

A Job offer as a nurse could be taken to be a substantial employment tie of benefit to Australia.

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Old Jan 30th 2009, 6:09 am
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Default Re: visa dilemma

Originally Posted by fitz
hi,my family and i have got the chance to get a residents return visa subject to my wife getting a job offer.{midwife}
our dilemma is that we don't plan on returning for a few years {various reasons}.

one agent has said that if,for visa purposes, she gets a job offer, she need not take job, while another has said that if she doesn't take the job the hospital "could" report her to immigration authorities claiming she falsely obtained visa and thus risk losing our visa.

we feel we don't want to commit to job at present as we have a young family,settling in period,planning to move to a different area of australia,
currently under rental contract in uk and a few other reasons.

we wonder what the likelyhood of an employer reporting such an incident would be or if anyone has experienced something similar.

Sorry, I'm a bit confused - your PR visas are expired, you aren't living in Australia and have no intention of moving (back) here for several years.
But you would like a 5 year RRV and your only evidence of ties to Aus is going to be a job offer made to your wife.
She doesn't intend to take the job, just wants the offer to get the RRV and then she will turn down the job.

If I'm wrong please correct me, just trying to make it clearer for people to give their info
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Old Jan 30th 2009, 7:00 am
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Default Re: visa dilemma

Originally Posted by Pollyana
Sorry, I'm a bit confused - your PR visas are expired, you aren't living in Australia and have no intention of moving (back) here for several years.
But you would like a 5 year RRV and your only evidence of ties to Aus is going to be a job offer made to your wife.
She doesn't intend to take the job, just wants the offer to get the RRV and then she will turn down the job.

If I'm wrong please correct me, just trying to make it clearer for people to give their info
as far as i was aware from having read the stipulations on a residents return visa i did not meet the criteria,apparently not so,i contacted a migration consultant about a state sponsorship visa and was told that we may be able to get the RRVISA on the provision of getting a job offer,we explained our situation about not moving out for a few years and were told this would be ok if explained to potential employer.
i would take the job if offered to me on my time scale but obviously could'nt if they wanted me out sooner.
i don't want to commit to a job i can't take in order to get my visa, this would be, in my eyes unethical.
hope this helps.
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Old Jan 30th 2009, 9:29 am
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Default Re: visa dilemma

Yes, would be a straight forward RRV concession if not complicated by the fact that you don't intend to return to Australia for a couple of years. It may be best to re-apply. This concession is fairly straight forward as long as you have not been outside Australia for more than 5 years - so depending on when you last left, it may be better to apply for the RRV when you are ready to go back or, re-apply for GSM visa at some stage.

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