mimi717 Posted September 21, 2013 Report Share Posted September 21, 2013 Hi, we're in Oz at moment and can anyone tell me if my husband can apply for a 189 permanent residency visa alone or does myself and 2 kids also have to apply at same time? Also does he need to be in employment before he can apply? Have researched this but not getting anywhere, its not clear as far as I can see,maybe i'm missing it. We are currently in WA on 457 visa,and been here 1yr. Just lost job sponsorship due to company closing, funds low so trying to work what to do. Can the PR application be paid in instalments? Thanks in advance. Quote Link to comment Share on other sites More sharing options...
Lou8670 Posted September 21, 2013 Report Share Posted September 21, 2013 (edited) You should all apply to all stay in Australia and you can't pay the actual visa fee in instalments as you have to pay the fees on full when you lodge your visa application. You or your hubbie will need to have a skill on the skills list and will need to meet the points criteria and have your skills assessed. Depending on your skills his can take a little while to process so would give you time to get some money together. 90 days might not be enough time for your 189 to be processed though. I think you would be best speaking to a migration agent who can advise your best course of action. Lou Edited September 22, 2013 by Lou8670 Quote Link to comment Share on other sites More sharing options...
DyLeB Posted September 21, 2013 Report Share Posted September 21, 2013 Yes you must all be on the application as you are his dependants. The fact that you are in Australia would leave you and children without a visa if it was possible to apply alone which it is not. You don't need to be working to be eligible for 189 but must pass points test, have positive skills assessment completed, and ielts if required. Once invited you would get bridging visa to allow you to stay in Australia while application was being processed. The PR application fee is paid in full at time of lodgement. Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted September 21, 2013 Report Share Posted September 21, 2013 (edited) Hi, we're in Oz at moment and can anyone tell me if my husband can apply for a 189 permanent residency visa alone or does myself and 2 kids also have to apply at same time? Also does he need to be in employment before he can apply? Have researched this but not getting anywhere, its not clear as far as I can see,maybe i'm missing it. We are currently in WA on 457 visa,and been here 1yr. Just lost job sponsorship due to company closing, funds low so trying to work what to do. Can the PR application be paid in instalments? Thanks in advance. I don't understand why you are asking if your husband can apply for the 189 visa alone, do you want to split up and go home? If no, then you need to all apply for a visa. You can read about the 189 visa if you search for it on www.immi.gov.au, it is pretty clear that being in employment is not a criteria for this visa. However there is a lot to do before you can apply, like skills assessment, IELTS, lodge an expression of interest and wait for an invitation. You would be very lucky to get that done in the 90 days you have left now your sponsorship has ended. Your visa situation is highly precarious, by all means get the 189 running in the background, but you need a more immediate solution to stay legal until that is finished. I would suggest this is probably by finding an employer to take over the sponsorship. Consult a migration agent asap to see if there are any other options. Bridging visa is mentioned above, but a bridging visa A from the 457 would have the same conditions as the 457, i.e. that you must continue to be employed by the employer. So you would be in breach of BVA and would end up on BVE, which is a very undesirable bridging visa to be on, hopefully it won't be for long. Note that you would not be able to leave the country on a BVE (or rather you can leave but won't be able to come back). Edited September 21, 2013 by guest10912 Quote Link to comment Share on other sites More sharing options...
mimi717 Posted September 22, 2013 Author Report Share Posted September 22, 2013 Hi, thanks for the info. Rupert, I was asking if hubby could apply alone because of cost as I previously mentioned this is a big problem at the moment.We have consulted the immigration dept but gave us little help and only told us about the a new employer to take over 457 and 90 days deadline, which we already new. The problem with applying for the PR is the Fees as we have no money due to my hubby's previous employment not paying wages for weeks and weeks now and closed down, so he's owed a lot of money but they're not paying out! Lodged complaints with Fairwork and contacted Employment Law centre etc but all takes weeks to be investigated and in meantime have to put food on table for our family! Any savings we had has been paying bills and food but almost nothing left! Applied for over 50 positions now over past 8wks, myself included but all saying same that business is slow and not taking on 457 sponsorship. We're not giving up and still applying everyday hopeful something will turn up. We're both on the skills list also but time running out. Thank you for advice, greatly appreciated. Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted September 22, 2013 Report Share Posted September 22, 2013 Hi, thanks for the info. Rupert, I was asking if hubby could apply alone because of cost as I previously mentioned this is a big problem at the moment.We have consulted the immigration dept but gave us little help and only told us about the a new employer to take over 457 and 90 days deadline, which we already new. The problem with applying for the PR is the Fees as we have no money due to my hubby's previous employment not paying wages for weeks and weeks now and closed down, so he's owed a lot of money but they're not paying out! Lodged complaints with Fairwork and contacted Employment Law centre etc but all takes weeks to be investigated and in meantime have to put food on table for our family! Any savings we had has been paying bills and food but almost nothing left! Applied for over 50 positions now over past 8wks, myself included but all saying same that business is slow and not taking on 457 sponsorship. We're not giving up and still applying everyday hopeful something will turn up. We're both on the skills list also but time running out. Thank you for advice, greatly appreciated. The visa fees for the rest of you are going to be less than the cost of a flight home I reckon and those of you without the visa would have to leave. There is no option to pay in instalments either, do you have a credit card that you can whack it onto though? You are doing the right thing looking for another sponsor, it would be the quickest way to secure your visa status, so keep trying. There is something else you need to put onto the table as well ... going back ... it might not be what you want to hear, but it is an option that you need to look into. Quote Link to comment Share on other sites More sharing options...
verystormy Posted September 22, 2013 Report Share Posted September 22, 2013 I agree with Rupert. Keep looking for a sponsor. But, you need to start making contingencies about the prospect of going back. Don't leave it to the last minute as that is when it really will jump up and bite you. Start planning it now and if another sponsor comes along, great. But if not, you are ready. You need to be making plans for where you will live if you have tong back, start contacting schools and things. If you have no where to live then be contacting your local council about housing. DSS about financial help on arriving. All of this can be turned off if you find a sponsor. But better to be prepared if not. Quote Link to comment Share on other sites More sharing options...
mimi717 Posted September 22, 2013 Author Report Share Posted September 22, 2013 Yes, I agree we have to face the prospect of maybe going home...and look into getting help back in the UK if need be. Our dream has turned into a nightmare! We don't have the funds to ship our belongings home or flights but the company has to repatriate us, but they're saying they have no money to do so! They have screwed us over. We will be left with nothing. We don't have credit cards or we'd probably be thinking of using them now to apply for PR. Really didn't see this one coming,our life in total turmoil at moment and time is so precious. If we have to leave then I will just be grateful for the great memories we've had here in Oz with our children, who love it here and now call it home,so sad but have to keep going and pray something turns up. Thanks again for all your advice very much appreciated. Quote Link to comment Share on other sites More sharing options...
portlaunay Posted September 22, 2013 Report Share Posted September 22, 2013 This is so unfortunate, very, very sad for you and your family. I wish I could help, anything I say seems so superficial but I hope that whatever happens, in the future you will be able to look back upon this with some fondness. I wish you the very best of luck to you and your family. Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted September 22, 2013 Report Share Posted September 22, 2013 Yes, I agree we have to face the prospect of maybe going home...and look into getting help back in the UK if need be. Our dream has turned into a nightmare! We don't have the funds to ship our belongings home or flights but the company has to repatriate us, but they're saying they have no money to do so! They have screwed us over. We will be left with nothing. We don't have credit cards or we'd probably be thinking of using them now to apply for PR. Really didn't see this one coming,our life in total turmoil at moment and time is so precious. If we have to leave then I will just be grateful for the great memories we've had here in Oz with our children, who love it here and now call it home,so sad but have to keep going and pray something turns up. Thanks again for all your advice very much appreciated. Stories like this make me feel very sad, it is why some of us always warn about families and 457 visas ... then get called 457-haters, but it isn't true. The visa has its place, it is just that I don't think its place is for young families on limited funds that want to start a new life. Quote Link to comment Share on other sites More sharing options...
New Life Down Under Posted September 25, 2013 Report Share Posted September 25, 2013 Yes, I agree we have to face the prospect of maybe going home...and look into getting help back in the UK if need be. Our dream has turned into a nightmare! We don't have the funds to ship our belongings home or flights but the company has to repatriate us, but they're saying they have no money to do so! They have screwed us over. We will be left with nothing. We don't have credit cards or we'd probably be thinking of using them now to apply for PR. Really didn't see this one coming,our life in total turmoil at moment and time is so precious. If we have to leave then I will just be grateful for the great memories we've had here in Oz with our children, who love it here and now call it home,so sad but have to keep going and pray something turns up. Thanks again for all your advice very much appreciated. What occupations are you both? Sorry havent read all of the thread but I hate hearing about people being mistreated by their employers. I often here people on here complaining about DIAC (or as we now need to call them DIBP!!) however the stringent immigration procedures are actually in place to protect the migrant. We dont want people moving here, going through a huge upheaval and expense to be left high and dry. A lesson for everyone out there, do not sit back on a 457 and wait for a permanent visa to come your way, try and get your employer to sponsor you for RSMS, ENS or apply for EOI if you can. Quote Link to comment Share on other sites More sharing options...
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