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Guest covfan71

OK, having sat here for the last 40 minutes reading through all these posts, all the sarcasm, slagging off etc, does anyone actually know for definite what the rules are for applying for a PR from a PROV 475. Has anyone on a PROV 475 actually been refused a PR and if so can you tell us why????? I would like to agree with Martin and Val as this is what i have been led to believe since i started my whole process of getting a Visa. Like some, i wouldn't want to sell my house, up route my kids from schools etc for the sake of a 3 year adventure as some of you put it. :arghh:

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I have had a quick look through this thread, and I can sense the concern in the postings of many.

 

For what it is worth, here are my thoughts:

 

1. A permanent residency visa is a visa that allows the visaholder to reside in Australia indefinitely. Any other visa is a temporary residency visa. This means that subclass 475 and 495 visas are temporary residency visas.

 

2. The word "provisional" has crept into terminology associated with visas in the last 4 or 5 years. It started with the "provisional" business skills visas (subclass 160 to 165), moved onto the SIR visa (subclass 495), and is now being used in the case of 475 visas.

 

3. In many ways I see the use of the word as marketing speak on the part of the Department of Immigration. State Governments (say) will find it easier to sell a provisional visa to fill their migration quotas with a provisional visa pathway rather than one that overtly carries the word "temporary" in its title.

 

4. There is no automatic right to permanent residency - rather, so long as you meet certain qualifying conditions, there is a relatively well defined pathway to p/r for provisional visaholders.

 

5. In the case of subclass 475 and 495 visaholders that pathway will usually be the subclass 887 visa:

http://www.immi.gov.au/skilled/general-skilled-migration/887/

 

6. If an applicant lodges a valid application for a subclass 887 and meets all the qualifying conditions - admittedly to the satisfaction of the DIAC officer - s/he MUST grant you a permanent residency visa. Anyone who has not been granted such a visa and says there was no good reason for the refusal is - in my view - not telling the whole story.

 

Hope this helps - and allays a few fears.

 

Best regards.

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Guest kangomik

i hope that settles it...... its a fast track shortcut..... with a wish on the end.

 

If your short of points initially, whats says you will meet the points later. ( you cannot blame swapping trades for being higher paid in a job that is not on the list fella) And don't go materialistic with BMW's and what you gave up, to now drive a Toyota........ afterall half the bloomin holdens are not made here!

 

You look and find another route, you could fail in the 3 years gamble.

 

i had never heard of it being called a provisional before, we can all fail our provisional driving test too by the way.... i have always known it as temporary. Yes if i had not got PR i would have taken the chance, and moved family and home on a temp visa.

 

It's alright saying you guy's won't be drawn into arguments, but it's a little like saying i am closing my ears to anything i do not WISH to hear.

 

the forums for advice and opinions, you have yours they have theirs.

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Guest soggy
i hope that settles it...... its a fast track shortcut..... with a wish on the end.

 

If your short of points initially, whats says you will meet the points later. ( you cannot blame swapping trades for being higher paid in a job that is not on the list fella) And don't go materialistic with BMW's and what you gave up, to now drive a Toyota........ afterall half the bloomin holdens are not made here!

 

You look and find another route, you could fail in the 3 years gamble.

 

i had never heard of it being called a provisional before, we can all fail our provisional driving test too by the way.... i have always known it as temporary. Yes if i had not got PR i would have taken the chance, and moved family and home on a temp visa.

 

It's alright saying you guy's won't be drawn into arguments, but it's a little like saying i am closing my ears to anything i do not WISH to hear.

 

the forums for advice and opinions, you have yours they have theirs.

 

I don't think you fully understand the visa system if that is your true opinion, people go for the 495/475 mostly because they have no choice and they will get PR at the end if they do what is required of them as agreed from the outset. As I have said in another post somwhere, if I applied 2 months earlier I could have got a PR visa as I was under 40 at the time, at the time I applied 495 was the only option open for me, 2 months later my trade was put on modl list, and then they offered more points for taking an English test, either one would have got me a PR visa, some people who have PR visa's now may have got less point's than some who are on 495/475 visa's if they applied at a different moment in time.

 

Simon:)

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Guest kangomik

Right it's time to clear this up from my angle, because i see the snow ball comming.

 

I think it's terrible people can sell up and travel half way across the world, spend their money on what ever and then get told, your going back. I honestly think it's wrong.

 

If you add the points up when you first look at this "adventure" and fall short you look at possible other ways to get around it. Once you have found this way you may then put the remote possibilities of return to the back of your mind. Never the less they are still there.

 

Yes "if you meet all the criteria" everything should be spot on, but who decides who meets this criteria and to what degree? Not me or you thats for sure.

 

Supply and demand, unfortunately they have little demand, and lots of supply. I DO NOT agree with it, but thats the state of it, at the present moment in time.

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Right it's time to clear this up from my angle, because i see the snow ball comming.

 

I think it's terrible people can sell up and travel half way across the world, spend their money on what ever and then get told, your going back. I honestly think it's wrong.

 

If you add the points up when you first look at this "adventure" and fall short you look at possible other ways to get around it. Once you have found this way you may then put the remote possibilities of return to the back of your mind. Never the less they are still there.

 

Yes "if you meet all the criteria" everything should be spot on, but who decides who meets this criteria and to what degree? Not me or you thats for sure.

 

Supply and demand, unfortunately they have little demand, and lots of supply. I DO NOT agree with it, but thats the state of it, at the present moment in time.

 

The requirements to secure permanent residency are clear and are not particularly burdensome.

 

I understand (broadly) what you are saying - but don't agree with the relatively alarmist tone, and don't agree with the conclusions you are drawing.

 

Best regards.

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Guest soggy
Right it's time to clear this up from my angle, because i see the snow ball comming.

 

I think it's terrible people can sell up and travel half way across the world, spend their money on what ever and then get told, your going back. I honestly think it's wrong.

 

If you add the points up when you first look at this "adventure" and fall short you look at possible other ways to get around it. Once you have found this way you may then put the remote possibilities of return to the back of your mind. Never the less they are still there.

 

Yes "if you meet all the criteria" everything should be spot on, but who decides who meets this criteria and to what degree? Not me or you thats for sure.

 

Supply and demand, unfortunately they have little demand, and lots of supply. I DO NOT agree with it, but thats the state of it, at the present moment in time.

 

This post I pretty much agree with.:)

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I have had a quick look through this thread, and I can sense the concern in the postings of many.

 

For what it is worth, here are my thoughts:

 

1. A permanent residency visa is a visa that allows the visaholder to reside in Australia indefinitely. Any other visa is a temporary residency visa. This means that subclass 475 and 495 visas are temporary residency visas.

 

2. The word "provisional" has crept into terminology associated with visas in the last 4 or 5 years. It started with the "provisional" business skills visas (subclass 160 to 165), moved onto the SIR visa (subclass 495), and is now being used in the case of 475 visas.

 

3. In many ways I see the use of the word as marketing speak on the part of the Department of Immigration. State Governments (say) will find it easier to sell a provisional visa to fill their migration quotas with a provisional visa pathway rather than one that overtly carries the word "temporary" in its title.

 

4. There is no automatic right to permanent residency - rather, so long as you meet certain qualifying conditions, there is a relatively well defined pathway to p/r for provisional visaholders.

 

5. In the case of subclass 475 and 495 visaholders that pathway will usually be the subclass 887 visa:

http://www.immi.gov.au/skilled/general-skilled-migration/887/

 

6. If an applicant lodges a valid application for a subclass 887 and meets all the qualifying conditions - admittedly to the satisfaction of the DIAC officer - s/he MUST grant you a permanent residency visa. Anyone who has not been granted such a visa and says there was no good reason for the refusal is - in my view - not telling the whole story.

 

Hope this helps - and allays a few fears.

 

Best regards.

 

I don't think you will get it anymore clearer than that.......

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Guest Devon

 

 

6. If an applicant lodges a valid application for a subclass 887 and meets all the qualifying conditions - admittedly to the satisfaction of the DIAC officer - s/he MUST grant you a permanent residency visa. Anyone who has not been granted such a visa and says there was no good reason for the refusal is - in my view - not telling the whole story.

 

Hi Alan

I know that you help many people. However IF we are refused then I would be greatly offended by this part of your post as we have definitely met all of the criteria. I would even forward my papers to you to prove it! Not that I should have to - I just feel that this was pretty harsh! It would not be that we are "not telling the whole story"!

The only thing that has happened is that OH's skill is no longer on the list.

We have done everything that was asked of us and more.

Sorry I don't let my toys out of the pram very often but on this occassion I felt I had to!

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Guest Martin and Val

 

If your short of points initially, whats says you will meet the points later. ( you cannot blame swapping trades for being higher paid in a job that is not on the list fella) And don't go materialistic with BMW's and what you gave up, to now drive a Toyota........ afterall half the bloomin holdens are not made here!

 

You look and find another route, you could fail in the 3 years gamble.

 

Hi Kangomik, I see no reference to me here in your post, only the fact that you refer to some things I have written in an earlier post. I wonder why you feel it so necessary to get personal! If in deed your post is referring to my text then you don't know me at all. Materialistic I am not Mate. You may not mean to offend but I'm sorry you have.

As far as I'm concerned I wish good luck in what ever you aim for, along with everybody else I meet or talk to and if I disagree with them I will tell them and they will know for sure that it is directed at them so that there is no confusion.

Have a good day mate.

Martin

Thank you Alan for your constructive input. It certainly clears a few things up for me. Cheers.

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Guest emmaandlee

As an addition note to Alan's I also contacted Lorraine at Go Matilda. For all those on a 475 Visa these were only introduced in September 2007, so no-one will have been able to apply for their perm Visa yet - But anyone that will be soon let us know how you get on!

 

Emma

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Guest Nick11

6. If an applicant lodges a valid application for a subclass 887 and meets all the qualifying conditions - admittedly to the satisfaction of the DIAC officer - s/he MUST grant you a permanent residency visa. Anyone who has not been granted such a visa and says there was no good reason for the refusal is - in my view - not telling the whole story.

 

Hope this helps - and allays a few fears.

 

Best regards.

 

Come on guys. Alan is an immigration guru. He has completely hit the nail on the head here.

Hopefully all 495ers should sleep peacefully tonight.:SLEEP:

Nick

x

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6. If an applicant lodges a valid application for a subclass 887 and meets all the qualifying conditions - admittedly to the satisfaction of the DIAC officer - s/he MUST grant you a permanent residency visa. Anyone who has not been granted such a visa and says there was no good reason for the refusal is - in my view - not telling the whole story.

 

Hi Alan

I know that you help many people. However IF we are refused then I would be greatly offended by this part of your post as we have definitely met all of the criteria. I would even forward my papers to you to prove it! Not that I should have to - I just feel that this was pretty harsh! It would not be that we are "not telling the whole story"!

The only thing that has happened is that OH's skill is no longer on the list.

We have done everything that was asked of us and more.

Sorry I don't let my toys out of the pram very often but on this occassion I felt I had to!

 

I mean no offence.

 

However, a DIAC case officer is required to give a reason for any application refusal => hence my comment.

 

Hope that clarifies matters for you.

 

Best regards.

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As an addition note to Alan's I also contacted Lorraine at Go Matilda. For all those on a 475 Visa these were only introduced in September 2007, so no-one will have been able to apply for their perm Visa yet - But anyone that will be soon let us know how you get on!

 

Emma

 

Thats a very good point, lets see what happens towards the beginning of 2010 when the first 475s to permanent come through. God, I hope its good news as we should be nicely settled by then.

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Funny that I have just got of the phone to my agent and been discussing the same thing. We are running two visas side by side to make sure we are sucessfull!. We gained our state sponsorship so applying for the 475 but at the same time applying for a 175 visa as well. He has advised us to do this as the 175 could take sometime (at least 18 months!!) plus if they do cut the numbers into Australia we have the 475 to fall back on. The only problem is the cost!!!

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Guest covfan71

 

I mean no offence.

 

However, a DIAC case officer is required to give a reason for any application refusal => hence my comment.

 

Hope that clarifies matters for you.

 

Best regards.

 

Alan,

 

thanks for your comments so far on this subject. I am more than happy at what you have said so far and you have put my mind at rest. I would think you have also put a few other people's minds at rest as well. It's pretty clear in my opinion what you need to do to receive PR and like you said i would expect a damm good reason why a PR was refused if it came to it.

 

Once again thanks

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Just thought I would add a bit of good news - I have been granted Permanent Residency! I arrived in Adelaide in September 2008 on a 457 visa, applied for a 857 (regional) visa in Feb 09 and received news yesterday that I, my husband and my 23yr old (dependent student) have got it! AND I am 48 yrs old!!

So its not all doom and gloom

Good Luck to you all

Catherine

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Guest soggy
As an addition note to Alan's I also contacted Lorraine at Go Matilda. For all those on a 475 Visa these were only introduced in September 2007, so no-one will have been able to apply for their perm Visa yet - But anyone that will be soon let us know how you get on!

 

Emma

 

the 475 replaced the 495 that has the same conditions for PR attached to it and has been around a few years now.:D

 

Simon

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