Visas & Advice Detail
Your questions answered: May 2007
You asked us some questions about emigrating to Australia and here are the expert's replies
Dear Emigrate Australia
I have passed the Trades Recognition Australia (TRA) for carpenter/joiner and I am about to lodge my application forms. The only problem is that last year when I was out one night I got into a fight and was charged with assault and got a £3,500 fine. Do you think this will stop me and my family getting into Australia?
Michael Houghton
Liam Clifford of Global Visas replies
Hi Michael, the Department of Immigration and Multicultural Affairs does take criminal convictions seriously. However, if this was your only offence then your application can still be granted. We would suggest supplying a statement about the incident and expressing your regret. We would also advise you to obtain character references from people who have known you for some time (not members of your family) who can attest to your good character.
Dear Emigrate Australia
I was issued my skilled visa in July 2004 and it therefore expires five years later. Since applying I've met my current partner and we have now been living together for over a year. This gives me two problems. Firstly, that she is not on my visa and although I tried to add her we had not been living together so that was rejected. Secondly, she has family complications here, in that last year she lost her sister-in-law (who left two children) and now one of her adult children is about to have their first child next winter. We have talked a lot about emigrating, and have bought a property in Brisbane, but at the moment she is very reluctant to leave the UK until all parts of the family are settled. We may therefore not have emigrated by July 2009 or if we have then we possibly won't have spent two years there by then. As we've planned another three week holiday there this August we wondered if there was anything that we should do whilst we are over there that could help protect our ability to emigrate in the future and help my partner to get a visa?
Alec Briggs
Liam Clifford replies
Alec, the first issue with regards to your de-facto partner is fairly easily solved. Once you have been living together for 12 months and can prove this with joint bills, bank account, mortgage/lease etcetera, then you will be able to sponsor her for a temporary spouse visa. This is valid for two years after which time she will need to make an application for a permanent spouse visa subject to you proving that you are still a genuine couple.
With regards to your visa the best thing for you to do would be to spend two years in Australia before your visa expires. However, due to your current circumstances this may not be possible so the next best thing would be to arrive and spend as much time as possible there before July 2009. As long as you are in Oz when your visas are valid then it doesn't matter if they subsequently expire whilst you are onshore. The situation then, though, would be that you would need to spend a solid two years in Australia, to meet the requirements for a Resident Return Visa (RRV). This would mean not leaving the country at all, as you wouldn't have a visa to return. Another alternative would be to apply for an RRV once your current permanent resident visa expires. You would need to provide information about your partner's family situation to show the reason why you have not spent two years in Australia.
You will also need to show your substantial ties to Australia. This could be ownership of property, family in Australia, business interests or employment that has substantial links to Australia. Having said this we wouldn't recommend taking this route unless all others options are unavailable as there is no guarantee that you will be granted an RRV.
For further information:
Global Visas
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