Permanent Resident - eligible?

rinkystink · #1 (**permalink**) 5th July 2008, 04:16 PM

I've been reading and reading about the points system, etc, and it seems that every website where you can find out your points score tells me something different.

My other half with be working as a systems designer (IT) on a 457 visa, and we would like to apply for permanent residency but don't think he is eligible. We also wonder if he will be eligible for an employee sponsored permanent visa after 2 years with the company if we can not go the other route.

Although he has worked in the IT profession since he was 18, in different areas of the trade, he has no formal qualifications in his speciality.

He has worked for 3 years with his current employer; two IT positions before that over a 1 year period; before that a 2 year period of self employment; and finally then the same position for another 3 years previously.

The new job he is taking on in Perth is slightly different to his current employment - more one area that he is now going to be specialising in that has been part of his current role.

Some websites say that he will get in via skills assessment, others by experience, and others not at all as he has no degree or diploma.

Which is right? Can we even apply when on a 457 anyway?

So sorry if this seems so obvious, I am just rather stumped here.

kaz101 · #2 (**permalink**) 5th July 2008, 08:48 PM

Hi Rinkystink,

Have you checked out the visa and points links in the "PLEASE READ...." post towards the top of the forum? That goes to the government migration websites and so they have the real say in how to get into Oz.

If you search through the posts you'll find that quite a few members come here on a sponsored visa and then apply for permanent residency.

You may need professional advice and if so consult a migration agent. Their first consultation is usually free, and I know they can seem expensive but they are worth the value to get you started here and there are usually different levels of fees depending in the service required.

Regards,
Karen

rinkystink · #3 (**permalink**) 6th July 2008, 07:23 AM

Thanks for your response. Yes, I did look on these sites but it's still a little unclear, I guess the agent route is the way to go, once we get over to Perth on the 457 perhaps.

Thanks again

J.J · #4 (**permalink**) 16th July 2008, 03:06 AM

It is with great interest that I have read your recent threads. We came over to Australia 18 months ago on a 457 visa, (My husband is in I.T.& I am a Hairstylist) and thought it was time to start the process of Permanent Residency.
Like you, I have a child with Aspergers Syndrome. We were informed by our immigration lawyer last week, that we are wasting our time as we will be declined due to our daughters condition. It would put too much pressure on the medicare system and state.

I have done quite a bit of research in this regard, and there really is no way of getting around it. I want to tell everyone who has a child with this condition, who is thinking of coming here, that it is, just temporary.

Not good for kids who thrive in routine and stability.
regards,
J.J

Dolly · #5 (**permalink**) 16th July 2008, 03:27 AM

Quote:

Originally Posted by J.J

It is with great interest that I have read your recent threads. We came over to Australia 18 months ago on a 457 visa, (My husband is in I.T.& I am a Hairstylist) and thought it was time to start the process of Permanent Residency.
Like you, I have a child with Aspergers Syndrome. We were informed by our immigration lawyer last week, that we are wasting our time as we will be declined due to our daughters condition. It would put too much pressure on the medicare system and state.

I have done quite a bit of research in this regard, and there really is no way of getting around it. I want to tell everyone who has a child with this condition, who is thinking of coming here, that it is, just temporary.

Not good for kids who thrive in routine and stability.
regards,
J.J

Hi J.J,

Welcome to the forum.

Have you asked more than one agent their opinion? I know with the medical side of applying for a PR visa there is a possibility of not passing, but that is usually due to serious conditions like TB or AIDS.

I would get a second and third opinion.

Dolly

Tiffani · #6 (**permalink**) 16th July 2008, 04:03 AM

Quote:

Originally Posted by Dolly

Hi J.J,

Welcome to the forum.

Have you asked more than one agent their opinion? I know with the medical side of applying for a PR visa there is a possibility of not passing, but that is usually due to serious conditions like TB or AIDS.

I would get a second and third opinion.

Dolly

That was my thought. Asperger's doesn't seem to be a disease that would really tax the system the way that HIV or TB would (which is really all they cared about for the 457 visa, and we front-loaded our medicals for the PR application).

If they kept out everyone who had a minor mental or physical disability, they would be shooting themselves in the foot. I would think that if people who are diabetic are able to come in, Asperger's should be almost a non-issue.

I would keep asking, like Dolly says. You could also contact the DIAC themselves and see what they say. They may not be able to give you an absolute "yes" or "no" because a lot of it will depend on circumstances, but unless they can say "no, we don't allow people with Asperger's to immigrate permanently here" then hope is alive!

J.J · #7 (**permalink**) 16th July 2008, 04:17 AM

Thank you for your replies. I have seriously looked into this. The comment from 2 other well known immi laywers were, "I believe it would be very difficult to succeed". There are a few court cases going down at the moment involving families who have children with an ASD. Not allowed to post the URL until I become an active member!
Regards,
J.J

Dolly · #8 (**permalink**) 16th July 2008, 04:58 AM

A friend of mine has given me details of an agent who specialises in the medical side of things.

His name is Peter Bollard Peter Bollard & Associates Home Page

Dolly

rinkystink · #9 (**permalink**) 16th July 2008, 06:52 AM

Have you done a forum search on here and other Expat forums for Asperger Syndrome? I have done one and found many people who have children with AS and other issues who have gained permanent residency status. I truly think it depends on the circumstances.

Does your child require a lot of care and one to one support? It seems that in cases such as these there is a little more difficulty, but residency is still possible.

I think you should seek the advice of a specialist lawyer who may be able to help.

pete.c · #10 (**permalink**) 18th July 2008, 02:55 AM

Hi Rinkystink,

After discussing your situation with one of our agents, they believe your options are the following...

In general terms, you can obtain permanent residence through employer sponsorship. You will be eligible by working on a 457 in Australia for two years, including one year with the sponsoring employer immediately before the visa application is lodged, or by obtaining a skills assessment and demonstrating three years of work experience as a systems designer.

Otherwise, another option is to obtain a skills assessment and lodge permanent residence independently if the age and English requirements are satisfied. Even though you don't have a degree, you may be able to obtain a skills assessment by Recognised Prior Learning.

It’s a tricky situation so if you would like to arrange for an initial legal assessment for $330 on the phone or in person please let me know. If so you will need your resume and a complete previous visa history, including the dates the visas were granted and what subclasses.

Any further questions please ask, good luck!