Help a couple, lost in a world of graduate, skilled, and de-facto visas

[TooEasy]

Hello all.

My girlfriend of one year and I are facing some huge life (and financial) decisions and we wanted to reach out to you guys and girls in the hopes that you could help us understand our options more clearly before we pay a small fortune for the help of a professional agency and the visa itself.

Essentially, we want to move back to Sydney together to live and work. The aim would be to acquire PR so that we can have a life that is not constantly dictated by the stress of year-on-year visa problems.

About Me

I'm a 32 year old Englishman who is currently residing in the UK. I previously lived in Sydney for two years, during which I secured sponsorship on a 457. That didn't work out and I eventually left Australia due to being unable to find a new sponsor within the 60 day time limit. My visa history includes: one e-visitor visa, first year working holiday (I was too old for the second year), and a 457 temporary work skilled visa.

I was sponsored previously as a 'marketing specialist' and would like to remain in this field, regardless of whether I'm on a skilled visa or not. Since 'advertising' and 'marketing specialists' have been moved to the short-term skilled occupations list, it seems returning to Sydney is a bit harder for me as an individual.

While in Sydney, during 2017, I was preparing to apply for a skills assessment in order to take the direct entry stream to secure PR. I have a highly relevant bachelors degree and plenty of years worth of highly relevant work experience. However, for reasons I can't recall, everyone was panicking about getting their application in before the deadline and I missed it. I soon after left Australia. 

My questions:

1. Now my profession has been moved to short-term SOL, what are the options I have for skilled migration that leads to PR? Does short-term mean definitively short-term?
2. If I was to secure sponsorship under a new 457 sponsorship visa, could I then apply for PR through any other stream (given that I have the experience and qualifications)?
3. If I was to try and secure sponsorship, could I arrive on an e-visitor and transition into a 457 from there, or would I need to leave the country to apply and wait for approval before returning to work?
4. Would there be an advantage of relocating to somewhere other than Sydney/NSW?
5. Are there any other routes for me as an individual that I appear to be unaware of?

About Her

She is a 23 year old Ecuadorian who resides in Sydney and has been studying there for almost five years. She was initially on a Higher Education Sector visa (subclass 573) and then, on 12 April, 2018, in order to extend her studies an extra year, she transitioned to a Student visa (subclass 500). She will receive her final grades and letter of completion before the end of December, this year.

Her degree is International Relations and Politics and she has no professional experience in this field (beyond a few small projects). This means that the 189 After looking at the skilled occupations list, the only possible profession that she feels fits her degree and that she'd like to pursue is 'Management consultant'. 

From her research, she identified two visas that could provide a route forward. The first is the Skilled Independent visa (subclass 189), however, she later learned that this required at least one year of relevant professional experience which she does not have. The second option is the Temporary Graduate visa (subclass 485). According to this visa, there are two streams. The 'Post-Study Work stream' would grant her two years (she is bachelors level only) and doesn't seem to require that she pursue a profession on the SOL. The 'Graduate Work stream' would offer 18 months and require her to pursue work as a 'Management consultant'. Has she understood this correctly?

Just to complicate things further, she would look to add me as a 'de-facto partner' on any visa she applies for, but maybe that's for another thread!

Her questions:

1. 'Management consultant' seems like it could be popular as a default option for those who do not have more specialised skills but want to stay in Australia. If this is the case, does that mean approval will be stricter or take longer?
2. What happens while the 'expression of interest', or the visa itself, is being processed? Will she/we be able to be in Australia—e.g. on a bridging visa—or be able to earn money?
3. If she gets approved for the temporary graduate visa 485 and remains in Australia for two more years, is there a route to PR from there?
4. If she managed to gain a year of employment as an entry level 'Management consultant' could she then apply for the  Skilled Independent visa (subclass 189)?

If you read this far, thank you so, so much. We have faced extremely difficult challenges even to make our relationship last one year. We are just sick of the stress and uncertainty that comes from us both needing visas, but want to give Australia one last shot as we both know beyond doubt we'd be happy there.

Even if you can answer just one question it will help us immensely. If anyone knows of a registered migration agent that could pick up our case, in the event that we decide to commit, that'd also be hugely appreciated.

Yours,
TooEasy

[wrussell]

1. is probably a dead end

2. No

3. Possibly with n employer sponsor, otherwise no.

4. Here are the visas that are currently open in that profession:

 186*, 189 (PT), 190, 407, 485 (GW),489 (F), 489 (S/T), TSS (M)*

PT means points tested

There are devious (legal) ways that you might proceed, but unless you can find a RMA to pull a rabbit out of the hat, you are probably out of luck.

 

[TooEasy]

2 minutes ago, wrussell said:

1. is probably a dead end

2. No

3. Possibly with n employer sponsor, otherwise no.

4. Here are the visas that are currently open in that profession:

 186*, 189 (PT), 190, 407, 485 (GW),489 (F), 489 (S/T), TSS (M)*

PT means points tested

There are devious (legal) ways that you might proceed, but unless you can find a RMA to pull a rabbit out of the hat, you are probably out of luck.

 

Thanks for your reply, wrussell. Just to be clear, you're replying to her questions (second bunch)?

[Marisawright]

1 hour ago, TooEasy said:

Thanks for your reply, wrussell. Just to be clear, you're replying to her questions (second bunch)?

It probably doesn't matter, because of that last line - "you are probably out of luck" means what it says.

WRussell is a highly experienced migration agent.  When he reads a post like yours and thinks there's a chance, he says, "I suggest you consult a MARA registered agent to develop a strategy".    The fact that he hasn't, speaks for itself. Given his experience, if he can't find a way, I'd be surprised if anyone can.

I know it's hard, but the harsh fact is that for the vast majority of people, migrating to Australia is impossible - and you and your girlfriend may be in that situation.  Australia only accepts people in a narrow range of occupations, and even then, you need the right qualifications AND the right experience.   You can go back to uni, retrain and then get the work experience, but there's always the risk that occupation is off the list by the time you apply. 

The fact that you breached the conditions of an earlier visa would make your chances even worse (even though I seem to recall it wasn't your fault). 

I'd say you have two options.  Pay a top agent (e.g Wrussell) to examine your case and give you a professional opinion.  

Or explore the possibility of bringing your girlfriend to the UK on a Partner Visa.  There are no skills requirements, only a financial requirement.

Edited October 23, 2018 by Marisawright

[Nemesis]

bear in mind - 457s no longer exist, you would need to look at a 482.

You cannot be a de facto partner on each other's applications unless you can prove 12 months of cohabitation - thats living together, not just in a relationship. To be added as a partner wth thing as they are at present you would need to get married.

 

[Marisawright]

1 hour ago, Nemesis said:

bear in mind - 457s no longer exist, you would need to look at a 482.

You cannot be a de facto partner on each other's applications unless you can prove 12 months of cohabitation - thats living together, not just in a relationship. To be added as a partner wth thing as they are at present you would need to get married.

 

Reading the above, I assume they were living together while he was in Australia, and he can justify their current separation by the fact he had to leave when he lost his job.  So I don't think that's a problem.

The problem would be whether he could get one of the new temp visas when he overstayed last time (so there's a black mark against him).  Also it would only be temporary, and he's asking about their prospects of getting PR.  

[Nemesis]

32 minutes ago, Marisawright said:

Reading the above, I assume they were living together while he was in Australia, and he can justify their current separation by the fact he had to leave when he lost his job.  So I don't think that's a problem.

The problem would be whether he could get one of the new temp visas when he overstayed last time (so there's a black mark against him).  Also it would only be temporary, and he's asking about their prospects of getting PR.  

Hopefully thats the case with the cohabitation, and they have shedloads of info showing how they have kept in touch and sustained the relationship. If they have only been together for aa year though,and it sounds like he left in 2017, they could be pushing it. 

I can't see where he overstayed though, must have missed that bit. It could mean a three year ban if he did 

I only mentioned the 457 as he seems to think they still exist. As for how to get PR, not my area, I stay out of that one. They need a seriously good agent,and probably a lot of good luck.  

Edited October 24, 2018 by Nemesis

[Marisawright]

11 minutes ago, Nemesis said:

I can't see where he overstayed though, must have missed that bit. It could mean a three year ban if he did 

I recalled his username from earlier posts and looked it up.  He got bad advice from his employer's agent and didn't leave the country within the required time after he lost his job.  He didn't get a ban though.

[Nemesis]

4 minutes ago, Marisawright said:

I recalled his username from earlier posts and looked it up.  He got bad advice from his employer's agent and didn't leave the country within the required time after he lost his job.  He didn't get a ban though.

Ahh, thanks for that! Lucky not to get a ban, but they will cast an extra eye over the new application I'm sure

[TooEasy]

7 hours ago, Nemesis said:

bear in mind - 457s no longer exist, you would need to look at a 482

Oops. Yeah... I'm actually fully aware of that. I obviously wasn't thinking when I submitted my OP!

7 hours ago, Nemesis said:

You cannot be a de facto partner on each other's applications unless you can prove 12 months of cohabitation - thats living together, not just in a relationship. To be added as a partner wth thing as they are at present you would need to get married.

So far, we have co-habited for 10 months. Just to be clear, we're also currently living together in the UK.

On the home affairs website it says of a de-facto relationship:

Quote

For a de facto partner, the relationship needs to have existed for 6 or 12 months before you lodge the application. The length of the de facto relationship depends on the visa you are applying for.

Are you aware of certain visas requiring 12 months only? Or did you say 12 months to be safe?

[TooEasy]

9 hours ago, Marisawright said:

Reading the above, I assume they were living together while he was in Australia, and he can justify their current separation by the fact he had to leave when he lost his job.  So I don't think that's a problem.

Correct. Just to be clear, we were living together in Sydney for 6 months, travelled together around Europe for 3 months, and are currently living together, albeit at my parents. There were two months in between that where we went to our respective homes to visit family.

9 hours ago, Marisawright said:

The problem would be whether he could get one of the new temp visas when he overstayed last time (so there's a black mark against him).  Also it would only be temporary, and he's asking about their prospects of getting PR.  

I did stay beyond the 60-day limit required to transfer sponsorship, though my visa was never cancelled. I was the one who cancelled it. Though I respect that this may still appear as a black mark against my name. In my defence, I called immigration immediately and they told me to email my case to the 457 team. I did that and never heard a reply. I also informed them immediately of my change in working conditions.

[TooEasy]

8 hours ago, Nemesis said:

Hopefully thats the case with the cohabitation, and they have shedloads of info showing how they have kept in touch and sustained the relationship. If they have only been together for aa year though,and it sounds like he left in 2017, they could be pushing it. 

I can't see where he overstayed though, must have missed that bit. It could mean a three year ban if he did 

I only mentioned the 457 as he seems to think they still exist. As for how to get PR, not my area, I stay out of that one. They need a seriously good agent,and probably a lot of good luck.  

We have almost never spent a single day apart over the past year, except for when I had to leave Australia. However, she left at the same time and we both returned home to visit family. During the two-month period before we saw each other again we were in contact almost every single day, including making plans for when we would see each other again.

In regards to the 'overstaying' thing, I lost my job after six months of sponsorship. I have written evidence that the migration agent representing the company I left (WPP) told me, in no uncertain terms, that I could remain in the country after 60 days and seek a fresh sponsorship. So, I continued the job hunt for several months after before realising that it was not possible for a new company to employ me before I had left the country and cancelled my visa. My visa remained valid until I had left and personally cancelled it. God knows what implications that will have on future applications, but I was asked to present my case to the team who deal specifically with 457 visas and I did just that. Never received a response, even to this day.

I realise my mistake in referring to 457s as if they exist—I know very well that they were scrapped! I just forgot to use the correct name for the new visas.

[Marisawright]

14 minutes ago, TooEasy said:

We have almost never spent a single day apart over the past year, except for when I had to leave Australia. However, she left at the same time and we both returned home to visit family. During the two-month period before we saw each other again we were in contact almost every single day, including making plans for when we would see each other again.

In regards to the 'overstaying' thing, I lost my job after six months of sponsorship. I have written evidence that the migration agent representing the company I left (WPP) told me, in no uncertain terms, that I could remain in the country after 60 days and seek a fresh sponsorship. So, I continued the job hunt for several months after before realising that it was not possible for a new company to employ me before I had left the country and cancelled my visa. My visa remained valid until I had left and personally cancelled it. God knows what implications that will have on future applications, but I was asked to present my case to the team who deal specifically with 457 visas and I did just that. Never received a response, even to this day.

I realise my mistake in referring to 457s as if they exist—I know very well that they were scrapped! I just forgot to use the correct name for the new visas.

All this is really pointless; what is the point of looking for more ways to get to Australia temporarily, when you know none of them can lead to permanent residency?

Isn't it time, as you're in a permanent relationship, to think about settling down somewhere you are able to stay long term - like the UK?  

You asked for a recommendation to a good agent.  My recommendation is WRussell.   Engage him to give you an honest opinion - maybe he will find something, but then again maybe he won't, but if that happens, you need to accept it.  No agent is going to find a magic solution if there isn't one.

Edited October 24, 2018 by Marisawright

[TooEasy]

18 minutes ago, Marisawright said:

All this is really pointless;

Yep, it may be. I was just providing extra context for those who asked.

20 minutes ago, Marisawright said:

One of your questions was to ask for a recommendation to a reputable agent.   You can't do better than WRussell so I recommend you contact him and get him to do a thorough assessment of your case.   That's what you need now - a clear assessment of your case.  I'm afraid you may not like the answer but the facts are the facts.  No agent can work miracles.

I have sent him a message. Thank you