A Chef, a father his daughters and a marriage! 457, RSMS, Partner Visas


Justin Browne

Justin Browne

Chief Executive Officer

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About Our Client

Our client is a family of 7 Nepalese of which 5 settled in Australia. We first met the father in 2005 on a trip to Dubai. He was a chef there at a great little steakhouse and he expressed his desire to come to Australia. Through our hospitality contacts, we got him a job in Sydney and he made the move in 2006. His family stayed in Nepal and he was content in establishing himself in Australia with a plan to bring them once he was settled.

The Problem

Things were going well for him until whilst he was on holidays back in Nepal in 2010 his employer had to close the business. In the middle of the GFC, it was not looking very promising for him as restaurants were experiencing a downturn and there was great uncertainty in the market. As he was offshore there were no ongoing obligations for his old employer and he had managed to hold onto his 457 visa for 12 months and was still eligible if he could find employment. In addition, he was not going to be eligible for another 457 visa as the English requirement had changed and it was clear we would need to apply for an RSMS visa for him in the coming year. We also were aware two of his eligible daughters were over 18 and would need to prove dependency in the future if they were to be included in a PR application.

The Solution

We assisted him to find a new role in Orange NSW and he was able to come back to Australia and commence work. We now had to prepare him and his family for the PR application. This application was going to ask for exemptions from the English requirement, age requirement and age of dependants requirement, essentially every exemption you can ask for! Firstly we had him skill assessed as a chef to ensure the department didn’t have any issues with his skills. We then assisted him enrolling in a Certificate 3 in the English Language. We wanted him to be able to show he was making a concerted effort to learn the language. His daughters were also provided with information that would enable them to ensure they remained dependant on their parents until we had lodged the application and they received their residency. This was important as there was a relationship with the elder daughter we needed to take into account. When we applied we had detailed submissions from his employer, members of the local community and the English school to show that there was a real benefit to the Orange community for his visa to be granted. We were also able to show that all his daughters were enrolled in full time study and hence dependant on him. There was a lot of communication with the department but eventually the family received their Permanent Visas. Just when we thought we were all done, the eldest daughter announced her engagement, and we are happy to say that her husband is now in Australia as the proud owner of a 820 Partner visa. A ten year saga that worked out so well for all involved.

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