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Old 12-28-2003, 06:36 PM   #1 (permalink)
Peter Braun
 
Posts: 5
Default 457 visa; NAATI; employer reference; custody

Hi all,

I hope someone is able to help me with the following
questions concerning a 457 visa application:

* According to booklet no. 1154 all documents not in English,
for example birth certificates etc., must be translated by
a translator accredited by the NAATI. Well, unfortunately,
the only NAATI-accredited translator in Germany is not available
before middle of January - and I would like to lodge my
visa application earlier. My question: Is it really necessary
to have documents translated by a NAATI-accredited translator?
It would be no problem to provide translations prepared by
a translator who is authorized by the President of the Regional
Court. Does anyone have experience with this? Unfortunatly,
the Australian embassy (Berlin) was not able to answer this
question.

* My second question concerns the format for "reference letters
from previous employers". In several postings in this group
I already found out that there exists a more or less strict
recommendation which information a reference letter should
contain (position hold, duration, hours worked, main duties,
rate of pay) but it was always referring to other types of visa.
Does this also apply for a 457 visa application?

* Finally, my visa application includes my wife, our son, and
my wife's daughter (of which I am not the father ;-)). Therefore,
we have to produce documentation showing that "the applicant
has the legal right to remove that child from the country".
We plan to attach the following documents to the visa application:

- Declaration of both parents about joint execution of parental
care and custody (in German: "Erklärung beider
Elternteile über die Ausübung des gemeinsamen Sorgerechts"),
which defines who has the legal right to decide where the
child can live (among other things).
- Declaration of consent of the father of the child to remove
his child from Germany to Australia for specific period of time.

Do you think that these two documents will be sufficient for DIMIA?
Or is there any form, comparable to form 1229, that we should complete
in this case?

Thanks for your help!

Peter
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Old 12-29-2003, 11:09 AM   #2 (permalink)
Rgregan
 
Posts: 99
Default Re: 457 visa; NAATI; employer reference; custody

Dear Peter,



I wouldnt want to put my neck on the line for your other queries - but
as to the translation;



my experience is that if the document have been translated by a "locally
recognised" translator and this form of recognition is affixed to each
document translated - then this will be acceptable to DIMIA.

__________________
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Old 12-29-2003, 07:30 PM   #3 (permalink)
Jaj
 
Posts: 7214
Default Re: 457 visa; NAATI; employer reference; custody

    >On Sun, 28 Dec 2003 19:36:29 +0100, Peter Braun <> wrote:
    >Hi all,
    >I hope someone is able to help me with the following
    >questions concerning a 457 visa application:

Note that from 1 January 2004, application processes for 457 visas
will change:
http://www.immi.gov.au/legislation/a...01012004_2.htm
http://www.australian-embassy.de/visa/visas/New457.htm



    >* According to booklet no. 1154 all documents not in English,
    > for example birth certificates etc., must be translated by
    > a translator accredited by the NAATI. Well, unfortunately,
    > the only NAATI-accredited translator in Germany is not available
    > before middle of January - and I would like to lodge my
    > visa application earlier. My question: Is it really necessary
    > to have documents translated by a NAATI-accredited translator?
    > It would be no problem to provide translations prepared by
    > a translator who is authorized by the President of the Regional
    > Court. Does anyone have experience with this? Unfortunatly,
    > the Australian embassy (Berlin) was not able to answer this
    > question.

I think rgregan has responded on this point.


    >* My second question concerns the format for "reference letters
    > from previous employers". In several postings in this group
    > I already found out that there exists a more or less strict
    > recommendation which information a reference letter should
    > contain (position hold, duration, hours worked, main duties,
    > rate of pay) but it was always referring to other types of visa.
    > Does this also apply for a 457 visa application?

The template is an ideal, but as you're not applying to Adelaide it's
not quite as critical.


    >* Finally, my visa application includes my wife, our son, and
    > my wife's daughter (of which I am not the father ;-)). Therefore,
    > we have to produce documentation showing that "the applicant
    > has the legal right to remove that child from the country".
    > We plan to attach the following documents to the visa application:
    > - Declaration of both parents about joint execution of parental
    > care and custody (in German: "Erklärung beider
    > Elternteile über die Ausübung des gemeinsamen Sorgerechts"),
    > which defines who has the legal right to decide where the
    > child can live (among other things).
    > - Declaration of consent of the father of the child to remove
    > his child from Germany to Australia for specific period of time.
    > Do you think that these two documents will be sufficient for DIMIA?
    > Or is there any form, comparable to form 1229, that we should complete
    > in this case?


There's no specific form. As long as there's evidence to prove that
as far as German law is concerned, consent from all parents with a
right to have a say in where the child lives has been given. If
necessary they will consult the Embassy in Berlin for clarification.

That's not really answered your question whether the specific
documents will be acceptable, but it's the best anyone can do on this
forum.

Jeremy
This is not intended to be legal advice in any jurisdiction
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Old 01-03-2004, 06:51 PM   #4 (permalink)
Peter Braun
 
Posts: 5
Default Re: 457 visa; NAATI; employer reference; custody

    > There's no specific form. As long as there's evidence to prove that
    > as far as German law is concerned, consent from all parents with a
    > right to have a say in where the child lives has been given. If
    > necessary they will consult the Embassy in Berlin for clarification.
    >
    > That's not really answered your question whether the specific
    > documents will be acceptable, but it's the best anyone can do on this
    > forum.
    >
    > Jeremy

Thanks to both of you for your immediate response.

Peter
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