Angela (name changed) came to me after having been in Australia for over 6 years. She had originally came over as a dependent on her father’s 457 visa along with all of her family. The remainder of her family had all gone on not only to attain permanent residency, but Australian citizenship, whilst Angela was still on a Bridging Visa. How could this be?
Apparently Angela was refused her permanent residency when the remainder of her family was granted theirs as the Case Officer did not deem her to be her father’s dependent. She had been searching for ways to stay in Australia ever since and came to me after another of her visa applications had been refused. We explored all of her options and determined that her best course of action would be to apply for the subclass 190 visa as she was a qualified Enrolled Nurse and had been working as an Enrolled Nurse for more than a year in South Australia whilst studying for her Registered Nursing qualification. Angela was happy to try, but was quite anxious as she had been advised that she was not eligible and had experienced refusals in the past.
As we got over each hurdle (skills assessment-positive, state nomination-approved, invitation letter-attained), it was time for Angela to go offshore (she was unable to apply for the visa whilst in Australia as she was section 48 barred), the day she had to leave, she was feeling as anxious as ever, ‘Do you think they will approve my visa?’ ‘Will I ever be able to come back?’ Angela went offshore and we lodged her subclass 190 visa application.
Once the Case Officer started processing her application, another hurdle had to be overcome: The Case Officer started to question whether her work experience came to at least 20 hours per week for 12 months (we had claimed 5 points on this basis). Having analysed the documents thoroughly and discussing the point in detail with the client, I was confident it did. We gathered even more documentation, went back to the Case Officer citing Case Law, Legislation and Departmental Policy all evidencing that the client did meet the requirement and…finally after being offshore for 4 months, Angela’s 190 visa was approved and she returned to Australia as an Australian permanent resident.