Embrace Australia - Australian Forum for immigration and travel.

Need to Know from Senior members and SUSAN + Gillian

Hi Frnds,

My friend is on 475 visa and he want to know one thing

He has to work at least 32-35 hours in week in regional area

but he is in a job where he is getting only 20 hrs per week

he has worked for 3 months in that job till now

But what he want to know is that, in these 3 months job will some Job condition be fulfilled ?

i mean to say that has he fulfilled his 3months/2 (divide by 2) i,e. 1.5 month condition or all his 3 months gone in waste

he not has much time as he spent his approx last 2 yrs of visa in his home country after his first entry in australia

Can anyone reply me

Thanx

Ozzy

▶ Reply to This

Replies to This Discussion

Permalink Reply by ozzy on January 16, 2012 at 9:29

Do anyone Know this.....

▶ Reply

Permalink Reply by Anna Scrivenger on January 17, 2012 at 12:37

Hi Ozzy,

I will try to find an answer for you about part-time work... watch this space!

▶ Reply

Permalink Reply by Gollywobbler on January 19, 2012 at 17:57

Hi Ozzy

DIAC definitely will NOT assume that your friend has worked for 1.5 months whilst he has been doing 20 hrs pw. They will either count it as 3 months of full time work or they will count it as no work at all.

A 475 is a 3-year visa. You say that your friend has spent 2 of those 3 years outside Australia. The requirement with a sc 475 is that your friend must work in Regional Australia for a minimum of 12 months and he must live in Regional Australia for a minimum of 24 months.

So is he planning to get a 12 month extension for his 475 visa? If yes, is there any reason why he should not find full time employment (if necessary via obtaining 2 jobs) so that he will be able to prove at the end of 4 years that he has spent at least 24 months in Regional Oz and that he has worked for at least 38 hours a week during 12 of those months?

Cheers

Gill

▶ Reply

Permalink Reply by ozzy on January 24, 2012 at 11:58

First of all Thanks Gollywobbler for your your reply.

This is not good news it means all his 3 months gone wasted.

I talked with my friend in detail after your question regarding extension:

He just guessed as 2 yrs approx

He given me details as follows abt his job and living:

2 months in Qld (Non Regional)

2 months 1 week in SA ( Regional) but WITHOUT Job

3 months SA with Job (20-22 hrs/week) WITH JOB

10 months in Home Country ( Lived in India to visit Family)

Now

3 months in SA (Regional) WITHOUT Job

-----------------------------------------------------------------

Approx 20 months & 1 week = 1 year 8 months

--------------------------------------------------------------------

He may not need extension but he is worried abt his job Hours

Moreover he has 2 weeks in his 3 months job in which he did 35 & 37 hrs job

Will that Job Slips be counted ( as he has experience from his employer as average hours worked in duration of his job)

Sample of his experience

".....Mr xyz has worked at ....... He has worked average ...hrs at his job per week

Next page shows his hours worked weekly

week .../.../20.. 20 hrs

week .../.../20.. 20 hrs.. so on.. etc

He worked as contractor(Picker) where he was paid by Kilo rate for picking His pay slips don't have hours worked on it but in experience there is 2nd page which shows hrs worked

I know its messy but if you can help that's fine.

One more Question( ooops! sorry so many questions)

if man needs 38 hrs per week and 12 months(54 weeks) of regional work

DIAC should consider (54 x 38 = 2052 hrs) work as fulfillment of the work condition within 3 years

I mean to say The condition is to work in hours not in weeks then DIAC must consider number of hours worked not weeks

Thanx

ozzy

▶ Reply

Permalink Reply by Gollywobbler on January 24, 2012 at 15:06

Hi Ozzy

In principle, what you say about the idea of the hours being counted over 12 months rather than per week does make sense. I understand your logic. However, it is also the case that part of the reason for making the sc 475 a *provisional* visa is so that the Aussie Govt can test whether or not the 475 holder is really employable in Australia or whether he would just end up as a burden to the State Coffers in the long-term,

They do not consider the type of employment that a sc 475 visa holder gets. They merely require evidence that he is employable - which is achieved by proving that he has been employed.

An Australian who is opposed to the idea of allowing Immigration at all (which many are) would say, "Why on earth have we given this man a "skilled" visa if all he has been doing is part-time crop picking? Why can't an Australian pick the crops instead of an immigrant doing that? Why can't the holder of a temporary Working Holiday or a Work and Holiday visa pick the wretched crops, for that matter? Which occupation did this immigrant nominate and why isn't he working in the nominated occupation? Having him picking crops whilst the Aussie is claiming State Benefits because he can't get a job means that the Immigrants are Pinching the Work from the Aussies!!! Grrrrr! I'm paying tax so that the Aussie can claim State Benefits when he could actually be picking crops if he got off his bludging butt, clearly. Grrrr. Grrr" You know what people are like.

The next Aussie Voter would drawl, "Good luck on you, mate, because I want to eat the crop but I am not prepared to sweat around picking it myself!" Again, you know what people are like!

Somewhere, I did read something which suggested that 20 hours work per week over 52 weeks would be enough for an upgrade to a sc 887 visa but I can't remember where I read it, so please treat this as nothing more than a *rumour* and treat it with suspicion for the time being. We cannot assume that this is anything more than an inaccurate rumour unless we can make certain about whether or not it is true.

I read it on another forum. I think it might be contained in DIAC's Policy Documents - I think so but I am not sure. The Policy Documents are hidden on Legend:

http://www.immi.gov.au/business-services/legend/

Access to Legend is free in the main State Libraries and it is also available in some university libraries as well. Otherwise, one has to either buy a subscription to Legend (not cheap) or ask a Registered Migration Agent instead. All RMAs are required to have access to the Policy documents. A friend of mine says that Legend is the walking definition of "Totally UNfriendly to the User." She is an RMA and she is also a very experienced legal practitioner. She says that there is no need for Legend to be so awkward to work but apparently it is!

I think it would be cheaper, less hassle and more reliable if your friend asks an RMA whether or not 20 hours a week will be enough for an sc 887 visa later. The RMA will either know for sure or he will ask DIAC but s/he can do that more reliably than you or I could do so. You or I would be stuck with submitting a pre-lodgement enquiry at the ASPC - which might not produce a reliable result.

I think it would be best to pay Susan to provide formal advice to your friend about this because it is so important not to risk misleading him. Susan can be contacted at McGrath Migration Lawyers in Brisbane:

http://mcgrathmigrationlawyers.com/immigrate-australia-contact/

Susan does not make mistakes and she is a qualified RMA, which I'm not, so it would be much safer to pay Sudsan to answer the question reliably, in my view.

Cheers

Gill

▶ Reply

Permalink Reply by ozzy on February 4, 2012 at 8:52

Hi Gill,

Thanks for valuable replies

I know Susan the senior Member of this forum is also Migration agent

Can you tell me any guess of cost she will Charge from my friend to give the details of above said matter

Or Susan can also tell this

You and She can send me Private message (if it is not good to discuss on forum)

Thanks

▶ Reply

Permalink Reply by Gollywobbler on February 6, 2012 at 20:42

Hi Ozzy

Sorry - I have no idea what Susan's charges would be. You or your friend would need to contact her direct and ask her.

Cheers

Gill

▶ Reply

Permalink Reply by ozzy on February 9, 2012 at 11:30

Thanx Gill

Plz tell me one thing

From when my friend came to know that DIAC will not consider less hours experience he left that job and searching for new one (Thanx for making him aware abt that)

In the mean time he got experience

I am writing some lines

"...... that Mr ....has worked at.......

Commencement Date : ../.../...

Last Day worked Date:.../.../...

Role................

Position: FULL TIME- Daily Hire Contract

During his engagement he has worked total ..... hours giving him an average of 31.42 hours per week. Payment summary copy is attached

Regards

XYZ"

My frnd want to know

Is this experience worthy as written Full Time on it and the average hours he has worked is 31.42 which is nearly full time

Thanx

▶ Reply

Permalink Reply by Gollywobbler on February 10, 2012 at 1:06

Hi Ozzy

I think you are getting into very dangerous territory, my friend. It is ILLEGAL for anybody in Australia to offer advice to another person about visas unless the person giving the advice is:-

1. A Registered Migration Agent; or

2. A blood-relation of the person seeking the help; or

3. An MP, a vicar or similar.

Unless you are in one of the three categories above in relation to your friend then the risk is that DIAC might regard you as being an unregistered migration agent. That is a criminal offence in Australia, for which the maximum penalty is 10 years in prison.

Therefore I think you need to be very careful about your own position, Ozzy. However concerned you might be about your friend, the bottom line is that you yourself MUST be seen to remain on the right side of the Law.

It is common knowledge that DIAC pay companies to spy on most of the Internet forums. The spies follow me around because Gollywobbler is so well-known. However the spies also know that I am in the UK - where DIAC can't touch me. Also, I have no wish to fall out with DIAC - their head honchos in the UK know who I am because I've been to Australia House in London to meet them. They also know that although I devote a lot of my time to the various Internet forums, I never, ever get involved with trying to charge anyone for my help.

If I lived in Australia, though, I would just keep quiet, period.

I am not prepared to try to offer this anonymous friend of yours detailed advice of the type that s/he seems to be seeking. S/he should consult a Registered Migration Agent.

I think that you need to steer clear of getting too deeply involved as well, for the reasons I have given above. Please, please be careful?

Cheers

Gill