SarahMarx

Hi all,

I would like to know how long it takes to be allowed to work after migrating to Australia as a Spouse. I've been combing everywhere, and can't find a thing.

We're not planning on applying for another year because my contract is good until May 2006. However, I'd just like to know if I'll have to sit around twiddling my thumbs for a few months/years?!? without the right to work.


Thanks all!

JAJ

Spouse visa holders have full work rights as far as DIMIA are concerned.

However unless you qualify for the permanent visa straight away you could well find that many employers will not hire you for long-term or career orientated jobs (ie the better jobs) until you get your PR, normally after 2 years.

How long have you been together and do you have children?

Jeremy

SarahMarx

Thanks for the quick reply!

It's all rather complicated. In fact, my fiance doesn't have his skilled perm res visa yet (waiting for the final police check to come through from Japan.) So, assuming he'll get the visa, we're trying to figure out how to get me there.

He's getting divorced right now. We plan to marry at the end of the year. We haven't been living together because he works 75km from me. We have been together now for 11 months, but because we aren't living together now we decided getting married is the best way. Either that, or go over on a student visa (I would like to get my MBA).

I've been teaching English (university lecturer (NOT a PhD though!) in Poland and currently in Germany as part of the training department of a global firm) for the past 8 years. I wouldn't expect to get a great job anyway right away until I continue my studies.

No kids, no full time co-habitation yet, nothing else really except that he's registered in my flat on the weekends. This is common in Germany--to have a rental for work during the week and have another place for the weekends.

Ok, enough new stuff added onto the fire..

Thanks..

wmoore

And you made it all sound so straightforward in your first post
From what you've written here I seriously think you will have lots of trouble getting a spouse visa in the near future. You need to speak to an agent to get the gen on what is and isn't possible. Do a search on here for George Lombard or Alan Collett - both of these guys companies will give you a simple free assessment.

SarahMarx

Hi there...

Nah, I've done all the research, and honestly don't think we'll need to pay an agent. The main thing I needed to know was if I would be able to work. I'm making great cash here and more or less like working, so I know I would be completely bored if I couldn't work there.

My fiance did all of the skilled migration application himself which is a hell of a lot more difficult than the spouse application. He'll be going there on business in the next couple of months and will probably be able to move there permanently with his current employer at the end of the year.

As far as I know, once we are married, I am eligible to be sponsored by him as his wife. I know it's not automatic, but I can't imagine there would be any problems.

Maybe I'm naive....

wmoore

Ah OK Well if you're happy with the rest of the visa details then Jeremy answered this one - if you move to Oz on a spouse visa then you have pretty much unrestricted work rights.

Good luck!

SarahMarx

Cool beans..

JAJ

If you get married then the 12 month cohabitation requirement does not apply, so your application is simpler in that respect. All the other spouse visa requirements will still need to be met.

If you are applying as a de-facto couple, in these circumstances, I'd definitely use a good agent as it would not be a simple case.

Also - if you plan to get married, you should not do so before he validates his PR visa (unless you want it to be cancelled). He should also be up-front with DIMIA now about the fact there is a future spousal sponsorship in the pipeline, even if you're not his 'spouse' as of now.

The fiance visa may be an option if you plan to get married in Australia. And one further point - PRs sponsoring for spouse or fiance visas are expected to be 'usually resident' in Australia.

Jeremy

SarahMarx

Hi Jeremy,

Thanks for all the info. I've read you on this forum for the past few months and have always respected your advice.

We don't want to get married in Australia as I want to celebrate with all of my friends and family in the US, so the fiance route isn't plausible. De facto isn't good for me because, well, I'm a bit old fashioned and want to be married first before having kids. And I'll be 33 this year.

He's already told his caseworker about me when he asked to get his soon-to-be ex off his application, which he lodged WAY back in Jan 2004. He was asked 3 months ago for his Med and Police check. Just waiting for the 1 form Japan.

He will probably be able to take over the resident engineer position in Melbourne in the company he's currently working for in Germany at the end of this year. My contract for my current position ends in mid May, 06. So, if he's already in Australia with his PR validated, working for 6 months, hopefully this will be enough. If not, I can extend my contract until it is enough.

Do you think this should fly? Otherwise, like I said, I would maybe go down there as a student. It's something I've been planning on anyway.

Thanks!