Spouse Visa problem

[Aerofoil]

Hi all

I'v just a quick question to anyone who had dealings with emigration to Australia or who has actually emigrated themselves. Basically i comply with the requirements for a family visa based on my spouse being an australian citizen...however i was wondering where i would stand in terms of then being able to work as a pilot in australia seeing as that is my profession in the uk. The reason im asking this question is because the job of an aircraft pilot is not on the list of jobs in the points system in order to gain a general skilled migration visa.
So would i still be able to work as a pilot based on my spouse visa?

[Wizofoz]

Almost certain the answer is yes. Being married to an Australian Citizen gives you right of abode (inclusive of right to work) and permanent residence and citizenship after a qualifying period. Points system only applies if you are seeking skilled migration as an individual.

[Aerofoil]

Many thanks for the reply.
Is the same true of a prospective spouse/partner visa? I'v just realised i put spouse visa in the post but we are not yet married. According the the prospective spouse/partner visa i will have the visa for 2 years and if the relationship is still genuine etc then i will be given the visa permanently...Would this also mean i could work as a pilot for the initial 2 years and from then on also?

[kar200]

Hi there,

I have nearly a similar case as yours except I never worked "jost got a license"

The difference between the prospective and the spouse is that in the prospective there is no period that you have to proove and if I remeber it is something like 12 months of being together but with the prospective you have 9 months to get married.

For work you will have no restriction at all but I believe that to work in Australia you will need to convert your license to an OZ one and you should be fine.

I think that most airlines require you to have a permanant residency status which you won't get for at least a couple of years "plus the waiting period for the process that I am in at the moment :)"

Good luck and welcome to Australia

[tail wheel]

You will be granted a Sub Class 309 Visa, subject to DIAC review two years after arrival in Australia.

There is no work restriction on a 309 Visa and as it is a Provisional (Permanent) Resident Visa, you meet all requirements for airline employment.

Don't split with the Missus in the first two years or you will be packed off back to the UK! There is no obligation to marry within that two year period, or at all. You will be entitled to Medibank cover on arrival but not entitled to any social welfare payments in the first two years or until substantive Permanent Residence is granted.

[Aerofoil]

Thank you guys so much for the info. That helps a huge amount!
I'v been looking into the converting of the licences but what i have read is a little vague.

On the CASA site it says il need to do a flight rules and air law exam and 'a flight test?'
and if im doing an intstrument rating conversion i could have to do an 'additional exam and/or flight test'?

I'v also been told by a friend that your flight experience can determine how much you have to do to convert the licence...if thats the case i have around 1300hrs total of which 1070ish are on a Boeing 737 if that makes a difference.

Can anyone shine a clearer light on what il be expected to do to convert from my UK / JAR licence?
Also what would my chances be of getting employment based on having the right to live and work in aus and also having an aus converted licence?

Many thanks again in advance

[tail wheel]

Aerofoil. The process of converting your UK/JAR License will not change through debate on PPRuNe!

The CASA web site "Conversion of overseas licences (http://www.casa.gov.au/fcl/overbr.htm#convert)" gives you the correct information and CASA contact details.

As to your chances of employment? Excellent - whilst Australian unemployment is at 4%. Whether it is flipping burgers, in GA or the airlines will largely be up to you, although your command hours may be deemed a little low for GA twin operations.

[captk]

Aerofoil

Check this website out, that should answer all your questions.

http://www.immi.gov.au/migrants/partners/spouse/309-100/index.htm

Even with the temporary visa you should be still able to work.

[weloveseaplanes]

Thanks for the link captk. It was useful for us too :ok:

[Capt Wally]

'Aerofoil' yr subject title had one too many words in it mate, "VISA" take that out & now we are getting to the crutch of the problem!:E:ok:



CW

[desmotronic]

There ya go mate, marry her and you can work straight away. :E

[weloveseaplanes]

Oh no. I've just married.

What have I gotten myself into :ugh:

[desmotronic]

bluddy kiwis :}

[weloveseaplanes]

What with ANZACs and all that, we're all one happy family at heart! You know, the more the merrier, my home is your home, visa versa of course. Be round soon Desmotronic. :p

[Aerofoil]

Thanks for all the help guys.

Il be getting the ball rolling then on Tuesday seeing as its a bank holiday here in the uk!

I owe you all a beer....did i say that out loud? :ok:

[ABX]

Gudday all,

Wiz,
Almost certain the answer is yes. Being married to an Australian Citizen gives you right of abode (inclusive of right to work) and permanent residence and citizenship after a qualifying period. Points system only applies if you are seeking skilled migration as an individual.

I think your explanation is a little lacking. Technically simply being married to an Aussie means SFA, zip, nada. Hypothetically an Aussie citizen could marry someone who the government just will not, under any circumstances, let into the country. Reasons for this include criminal convictions, health issues and dozens of other reasons.

I can state categorically that being married to an Australian Citizen does not give you right of abode.

I knew a guy** who fell in love with, and quickly married, an Asian lady, thinking pretty much what you wrote: that she would be allowed to come to Australia due to them being married. She had TB and other lung issues and three years elapsed while they tried to get her healthy enough to pass the health test for immigration (quite a comprehensive test with physical examinations, blood tests, xrays etc.). During this time he spent tens of thousands on her health and on commuting regularly from Oz to Asia to be with her. Unfortunately circumstances took a toll on them both and their relationship didn't make it.

End result: two very unhappy people destined to be apart from each other and one very broke guy.

I simply tell this true story to illustrate that the process is not always cut and dried, there can be obstacles.

My experience was via the Spouse visa. A Spouse visa, once granted, gives you the right of abode (with conditions) very limited access to Centrelink benefits, but it does give you the right to work here.

As others have said, you would still need to convert your licence to an Aussie one.

Hope this helps.

ABX:ok:

Ps. We didn't consult an immigration lawyer and I wouldn't recommend using them either. We successfully did it all ourselves, I only would have used a lawyer if things went wrong. Lawyers are expensive, I know two different couples who got the Spouse visa and it cost couple A $6000 and couple B $19000. Doing it ourselves cost around $2000 in fees and expenses such as medical etc.

**No, this is not my story, it really happened to a guy I knew.

[Transition Layer]

What about the fact that many airlines (and other employers) specify "Permanent Australian Resident" as part of their employment criteria.

I would have thought that the initial 2 year period, i.e. the Spouse temporary visa, would not make them a permanent Australian resident?

In my opinion, yes you can work, but I doubt it if they specify "Permanent Australian Resident".

[ABX]

As has been said, a Spouse visa is not guaranteed as permanent. Surprisingly, a permanent residency is well... permanent.

[tail wheel]

Frozo.

A Sub Class 802 Visa (http://www.immi.gov.au/migrants/family/child/802/index.htm) is an On Shore Spouse/Child Visa.

A Sub Class 309 Visa (http://www.immi.gov.au/migrants/partners/spouse/309-100/index.htm) is a Spouse Visa: Offshore Temporary and Permanent (Subclasses 309 and 100).
As Aerofoil is off-shore, he would be granted a 309 Visa, not 802. Conditions and restrictions appear the same, so the balance of your comments are correct.

There is no work restriction on either Visa.

[crank1000]

Aerofoil,

I notice your location is still London. Two questions,

Have you actually applied for a visa yet? If yes which one? I did read your posts but was a little unsure.

If your not actually married but are intending to be married then the visa's already discussed are the one's you should look into. If you aren't married or intending to marry soon then you must have co-hobitated for the last 12 MONTHS. You must also have a rental agreement, phone, power bill and joint band accounts to back this up. If you don't have proof you won't get a visa.

There is a way around this. It's called a holiday working visa. It's valid for 12 months and if you live together for the 12 months or part there of which you are deficient, then you can apply for temporary residency. Temp residants have no work restrictions. Holiday work visa people have to change jobs every 12 weeks.

If you want to PM me feel free as I would be happy to help.

[Transition Layer]

Yep holiday working visa would allow you out here for 12 months but to clarify the above post, you can actually work for any single employer for a period of 6 months, not 12 weeks. I believe it changed a couple of years back.

After the 12 months holiday visa you could then go for the spouse visa - just make sure as soon as you move out here you get a lease in both your names, bills, bank accounts etc.

[crank1000]

Just looked at the Regional Express web page. Says that you have to be legal to work in Australia. Didn't say what sort of visa, just as long as you have one.. Interesting?

[Kelly Hopper]

Arriving into OZ in order to marry an OZ citizen on a tourist visa purely to gain access to residency, even with the authorities full knowledge has been known to work!!! Just throw dollars in the right direction and you could be amazed! Corruption is everywhere.:ugh:

[crank1000]

How do you know it's just to get residency?They could really be in LOVE!

[tail wheel]

"...even with the authorities full knowledge has been known to work!!!"

Not if the Tourist Visa is endorsed with Condition 8503 (http://www.immi.gov.au/media/fact-sheets/52cImposition_of_visa_condition.htm)!

:E

[ABX]

Not if the Tourist Visa is endorsed with Condition 8503 (http://www.immi.gov.au/media/fact-sheets/52cImposition_of_visa_condition.htm)!
Exactly right tailie.

I am quite surprised at the level of good information being posted in this thread. Heartening to see. Naturally it is being tempered with a small amount of opinion and bullshyte!:E:}

[Kelly Hopper]

Crank 1000:
'IN LOVE':confused:
They had only just met!!!! She from Eastern Block, him from PNG originally and twice her age. No history of any relationship as there was none. Dept. were tipped off but as she arrived with $$$$$$ with her after being detained was allowed in and now granted residency!!!
Harsh??? Hardly!
KH

[Taildragger67]

Is the same true of a prospective spouse/partner visa? I'v just realised i put spouse visa in the post but we are not yet married.

Mate if you've put in an application declaring you are married as at the date of application when, in fact, you are not married, then you've possibly made a false declaration. That might stymie everything before we even get onto worrying about visa sub-class.

Then again I've not seen one of these application forms so if it asks forward-looking questions, then I take it back.

[crank1000]

???? ???????????

[Lasiorhinus]

I'm bewildered as to how you could not realise that you haven't got married yet..:confused:

[Kelly Hopper]

Crank1000
Sorry I thought that was quite clear?
The post was about getting a spouse into OZ. I am trying to point out that $$$$$$$$ counts in this world and I have personal experience of seeing the corruption that exists even in OZ.
ie: If you have enough cash to give and give it to the right people anything is possible. The rules cease to exist.
Same everywhere I guess???
KH

[crank1000]

Kelly,

My girlfriend entered the country on a holiday work visa because even thouogh we had been going out for 2 years, we hadn't co-habitated for a continuous 12 months. Immigration were fine with this and were told by the immi officer that it is quite common practice.

Moving on, I think the amounts of money needed to do what you are suggesting are usually alot more than average Joe immigrant has access too. Australia, USA, UK etc all offer residency to celebrity/rich people because the money they bring in the country far exceeds the money they take out. If you are going to start a business employing more than a certain amount of people you can get a visa also. What you are suggesting which I think is paying off a local corrupt politician, would be not only political suicide for the MP but a certain gaol term for you. A Melbourne MP was caught a couple of years ago doing this and he got ten years!

The government just announced it is looking for UNSKILLED workers to immigrate. Australia is turning into an international labour market. The type of people we let immigrate to this country is dependant only on which minority the govt is trying to impress today. The point I'm trying to make is that having money has always been a way into Australia and the labour market as we know it in this country is going to be turned on its head pretty soon.

cheers