S P

I am currently in Australia on a 4 year 457 visa, the company I am contracted to want to take over
sponsorship of my visa from the current sponsor (a work agency).

I am just under one year into the current visa, and have been told I don't need to supply all the
backup paperwork with the new application (photos, qualifications, TRA etc), also I wont need to
take new medicals for my self and family members, although the original ones will now be over one
year old?

Does anyone know if this is correct.

Also, I was about thinking of applying for a permanent visa (skilled independent), can I apply for
both at once, or should I get the temp one sorted first?

Lastly, regarding the permanent visa, my wife has a son from a previous relationship, we have no
contact with my stepsons father and it would be difficult to track him down. How would this effect
the visa application.

Thanks in advance.

Bob.

Brisnick

notsure if this is correct.



i had a quick look when i was in the same situation but gave up as I was
under the following 2 impressions:



1) you cannot transfer a 457 visa. you have to apply for another one



2) only a company registered as an apporved business sponsor can
actually sponsor someone.



i believe that things changed sometime this year anyway, so i may be way
out of date. there used to be something called a PQBS (pre-qualified
business sponsor).



i'm sure someone else will correct me if i'm wrong



Originally posted by S P

    > I am currently in Australia on a 4 year 457 visa, the company I am
    > contracted to want to take over

    > sponsorship of my visa from the current sponsor (a work agency).


    > I am just under one year into the current visa, and have been told I
    > don't need to supply all the

    > backup paperwork with the new application (photos, qualifications, TRA
    > etc), also I wont need to

    > take new medicals for my self and family members, although the
    > original ones will now be over one

    > year old?


    > Does anyone know if this is correct.


    > Also, I was about thinking of applying for a permanent visa (skilled
    > independent), can I apply for

    > both at once, or should I get the temp one sorted first?


    > Lastly, regarding the permanent visa, my wife has a son from a
    > previous relationship, we have no

    > contact with my stepsons father and it would be difficult to track him
    > down. How would this effect

    > the visa application.


    > Thanks in advance.


    > Bob.

    > --

    > Cheers,


    >


Remove 'OhmygodImaDJ' and swap 0's for o's if replying.

George Lombard

Hi Bob,

The labour hire company industry has been completely shaken up by the latest
changes. You will need a new visa application as well as a new sponsor.
Backup paperwork is not routinely shared between DIMIA files so most likely
you would need everything again, and the only way you can avoid a medical is
by coming from a country where the risk of TB is very low. Judging by what
I have heard from others in your situation over the past week it would pay
to get a second opinion.

Cheers

George Lombard

Jaj

Hi Bob
George has responded to your point on 457s.

    >On Wed, 26 Nov 2003 12:38:20 +1000, S P <> wrote:
    >Also, I was about thinking of applying for a permanent visa (skilled independent), can I apply for
    >both at once, or should I get the temp one sorted first?

You can normally apply for both at the same time.

Or, if you are getting a new employer and need a new visa, why not ask
if your new employer will sponsor you for employer nominated PR,
assuming you're eligible. Because of the need to test the labour
market in most cases, the easiest time to sponsor for PR is at the
point of hiring, not later (as many employers like to suggest).

    >Lastly, regarding the permanent visa, my wife has a son from a previous relationship, we have no
    >contact with my stepsons father and it would be difficult to track him down. How would this effect
    >the visa application.

You are supposed to declare all natural children, and have them do
medicals and (if necessary) police checks. Why? Because as a
permanent resident, you're able to sponsor natural children under 18
even if you have not been supporting them up to that point.

There is an exemption for a child not migrating if you can convince
DIMIA it's 'unreasonable' for that child to do medicals. Clearly, if
you've no idea where that child is then that would be the basis for
building a case, but you should get some professional advice on this.

An onshore employer nominated application gives you an appeal right to
the Migration Review Tribunal in that respect.

Jeremy

This is not intended to be legal advice in any jurisdiction

Sp

    > >
    > >Lastly, regarding the permanent visa, my wife has a son from a previous relationship, we have no
    > >contact with my stepsons father and it would be difficult to track him down. How would this effect
    > >the visa application.
    >
    > You are supposed to declare all natural children, and have them do
    > medicals and (if necessary) police checks. Why? Because as a
    > permanent resident, you're able to sponsor natural children under 18
    > even if you have not been supporting them up to that point.
    >
    > There is an exemption for a child not migrating if you can convince
    > DIMIA it's 'unreasonable' for that child to do medicals. Clearly, if
    > you've no idea where that child is then that would be the basis for
    > building a case, but you should get some professional advice on this.
    >
    > An onshore employer nominated application gives you an appeal right to
    > the Migration Review Tribunal in that respect.
    >
    > Jeremy
    >
Thanks for the reply, tho you misunderstood me. My wife's son (my stepson) is with us, but we have
no contact with his father. As my stepson has a different surname to us, will we need any other
proof of custody etc.

My wife and her previous partner were never married, so my wife has full custody in the eyes of UK
law. Its just we have nothing on paper proving this.

Bob.

Jaj

Hi Bob
As far as I understand that's correct under UK law, provided the other
partner has never been granted custodial rights by a court. The
latter point is often harder to prove than the first ...

As far as Australia is concerned, the right to take a child to
Australia is very much based upon what the law in the child's home
country is. This of course varies from territory to territory.

If you're here on a 457 or similar visa, was this point addressed at
the time you applied for that, eg at the AHC London?

As your case is not typical (because you're in Australia on temporary
visas) it would still be worth getting a professional to handle your
case, just to be on the safe side.

Jeremy

    >On Thu, 27 Nov 2003 11:11:19 +1000, SP <> wrote:
    >>
    >Thanks for the reply, tho you misunderstood me. My wife's son (my stepson) is with us, but we have
    >no contact with his father. As my stepson has a different surname to us, will we need any other
    >proof of custody etc.
    >My wife and her previous partner were never married, so my wife has full custody in the eyes of UK
    >law. Its just we have nothing on paper proving this.
    >Bob.

This is not intended to be legal advice in any jurisdiction

Sp

Thanks for the info Jeremy,


My wifes old partner has never been granted custodial rights, but as you say, we have nothing to
prove this if the question is asked.

    >
    > If you're here on a 457 or similar visa, was this point addressed at
    > the time you applied for that, eg at the AHC London?

We applied for the 457 visa from inside Australia while over here on a holiday visa, and no
questions were asked about my stepson then.

    > As your case is not typical (because you're in Australia on temporary
    > visas) it would still be worth getting a professional to handle your
    > case, just to be on the safe side.
    >
    > Jeremy

I may look into this.

Thanks again,

Bob.