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Old 12-09-2003, 02:29 PM   #1 (permalink)
Donglemouse
 
Posts: 4
Default visa question - skilled independent

ok i did look at the FAQ but couldn't find the answer to this one



I should have enough points for an independent skills migration visa.



If you make an application and have a spouse - if you qualify does
your spouse also get a visa?(and does it matter if they meet the
basic requirements themselves or not - the only potential issues I
may have is for my girlfriend she has not worked 12/last 18 months in
her 60pt skill)



or



Does it just mean your spouse is entitled to enter Australia with you
but is not eligible for work?



Just wondering as if I apply with my girlfriend can we get away with one
paying one set of fees for skill assessment and avoid het problems of
meeting the recent work experience requirement - we should have no
trouble proving the defacto/common law relationship or whatever else it
is called.



Thanks

Andy

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Old 12-09-2003, 02:36 PM   #2 (permalink)
Rgregan
 
Posts: 99
Default Re: visa question - skilled independent

Dear Andy,



The whole "dependent" family qualify - if one member does in the skilled
visas -s/c 136/7/8/9. i.e. your wife and children can get visas if you
get one - conversely ther is a principle of "one fail -all fail" If
you qualify and your wife is refused because of a health or character
issue - the whole family unit fails..

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Old 12-09-2003, 02:44 PM   #3 (permalink)
Donglemouse
 
Posts: 4
Default Re: visa question - skilled independent

can I clarify:



1) if my spouse doesn't not have the recent work experience is that an
issue? (assume my skills, points etc are all ok)



2) can my spouse work on arrival?(again assume my skills, points etc
are all ok)



3) finally one more question at the moment I read the typical
timeline for an application is 50 weeks - is this from very start
to end (ie. includes the period to get your skills assessed then
apply to DIMA etc)

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Old 12-09-2003, 02:53 PM   #4 (permalink)
Troood
 
Posts: 34
Default Re: visa question - skilled independent

Originally posted by donglemouse

    > can I clarify:


    > 1) if my spouse doesn't not have the recent work experience is that an
    > issue? (assume my skills, points etc are all ok)


    > 2) can my spouse work on arrival?(again assume my skills, points etc
    > are all ok)


    > 3) finally one more question at the moment I read the typical timeline
    > for an application is 50 weeks - is this from very start to end
    > (ie. includes the period to get your skills assessed then apply to
    > DIMA etc)





Hiya

I'm going on my husbands visa and will be able to work as soon as I get
out there. Would rather be a beach bum, but we'll see how things go
with his work.



Yes, can work straight away.



The 50 week timeline is from when your main application has gone in to
DIMIA. It doesn't include the skills assessment as you do that
separately. You could perhaps look in to state nomination if your
skills are in demand. We're doing this and we're hoping to be fast
tracked to 6 months rather than quoted 50 weeks.



Hope this helps :-)

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Old 12-09-2003, 02:53 PM   #5 (permalink)
Hase
 
Posts: 19
Default Re: visa question - skilled independent

Dear Andy,

If you qualify for the pass mark and you are able to proof your "genuine
relationship", you may apply as main applicant and include your spouse
as "de-facto spouse" - no matter what her qualifications are. In this
case you only have to pay the fee once. She has to meet health and
character requirements though - and might need to pass the IELTS test in
case she`s not a native speaker. Actually this depends on the case
officer - in my case luckily I didn`t have to sit the test....

Once your PR is granted, she has to enter Australia after you (but can
travel on her own, as long as you enter first) in order to validate her
visa. After that she`s free to do what she wants!

Good luck,

Hase

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Old 12-09-2003, 02:56 PM   #6 (permalink)
Rgregan
 
Posts: 99
Default Re: visa question - skilled independent

Originally posted by donglemouse

    > can I clarify:


    > 1) if my spouse doesn't not have the recent work experience is that an
    > issue? (assume my skills, points etc are all ok)


    > 2) can my spouse work on arrival?(again assume my skills, points etc
    > are all ok)


    > 3) finally one more question at the moment I read the typical timeline
    > for an application is 50 weeks - is this from very start to end
    > (ie. includes the period to get your skills assessed then apply to
    > DIMA etc)



1/ not an issue.



2/ yes -



3/ no the time is from lodgement with dimia - start to finish is more
like 65 weeks dependingupon who is assessing your skills.

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Old 12-09-2003, 02:56 PM   #7 (permalink)
Donglemouse
 
Posts: 4
Default Re: visa question - skilled independent

thanks for the replies guys she is a uk citizen with no criminal record
or illness so there should be no issues with language or character etc



- is this correct she has to enter after me? she can't enter at
the same time

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Old 12-09-2003, 02:58 PM   #8 (permalink)
Rgregan
 
Posts: 99
Default Re: visa question - skilled independent

Originally posted by donglemouse

    > thanks for the replies guys she is a uk citizen with no criminal
    > record or illness so there should be no issues with language or
    > character etc


    > - is this correct she has to enter after me? she can't enter at the
    > same time







Yes - she must be in the queue after you at entry.

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Old 12-09-2003, 07:26 PM   #9 (permalink)
Jaj
 
Posts: 7214
Default Re: visa question - skilled independent

Effectively she needs to arrive at the same time as you, or later, and
both of you must arrive before the first entry date.

She can't arrive *before* you.

Jeremy

    >On Tue, 09 Dec 2003 15:58:51 +0000, rgregan <member9405@british_expats.com> wrote:
    >> - is this correct she has to enter after me? she can't enter at the
    >> same time
    >Yes - she must be in the queue after you at entry.
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction
 
 


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