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VIC Is My Brother Eligible to Apply for a 485 Visa?

Discussion in 'Immigration Law Forum' started by Khanna, 13 November 2015.

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  1. Khanna

    Khanna Member

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    Hi. My brother is working with an ABN as painter. Is he eligible to apply for a 485 visa?
     
  2. Tim W

    Tim W Lawyer

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    1. I assume you mean painter (of walls etc) rather than visual artist?

    2. Is he lawfully in Australia currently?
      (Bear in mind that if he's working "on an ABN"
      then he might be involved in a sham contracting arrangement.
      Such an arrangement is contrary to law and if he's doing it,
      then he might be in breach of whatever visa he currently has).
      His employer might also be acting unlawfully.

    3. Is he a graduate working in his field?
      (this is mostly what a 485 is for)

    4. In the alternative to item 3, is he a qualified tradesman painter?
     
  3. Khanna

    Khanna Member

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    Hi Tim,

    Firstly thank you for reply,yeah he is painter(walls)and on student visa studying Advanced diploma of management,and got Diploma of business,certificate lll in painting&decorating.So now looking for work experience to launch 485,he got an offer to work on ABN.My Question is he eliglable if work on ABN for 485...?
     
  4. Tim W

    Tim W Lawyer

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    What do you mean by "work on an ABN" ?
    This is usually a reference to a dodgy employment practice called "sham contracting".
     
  5. Khanna

    Khanna Member

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    Thank you Tim it's great help. I will advise my bro not to work on ABN.
     

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