NSW What Visa Should My Cousin Apply For?

Discussion in 'Immigration Law Forum' started by Smiley, 13 August 2018.

  1. Smiley

    Smiley Well-Known Member

    1 April 2015
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    What sort of visa can my cousin apply for to return to Australia and pick up his Nursing Registration? I would be grateful for any comments and or assistance.

    Current situation and resolution sought

    Long story short, my cousin is a Chinese citizen in Hong Kong, completed his degree in nursing in Australia and received a graduate position at a local hospital in NSW. Both events occurred in November 2017. Though he completed his nursing degree, he had to wait until January 2018 to receive his Nursing Registration to formally allow him to work in a hospital as a nurse. However, his student visa expired in December 2017 and he was required to leave Australia prior to this to ensure he did not over stay his visa.

    The resolution my cousin seeks is to return to Australia with an appropriate visa so he can pick up his Nursing Registration, and commence work at a local hospital he has been offered a graduate position, with a view of becoming a Permanent Resident and citizen of Australia.

    Overstayed holiday visa as a minor

    For the record, as a minor, my cousin though no fault of his own, overstayed his holiday visa when he was a child due to the actions of his mother and father choosing to overstay. Several years later, still a minor, the entire family returned to Hong Kong. On departure, my cousin was given a 5 year ban on returning to Australia due to this, however, upon appeal, given he was a minor and this was not his decision to overstay, the ban was overturned, allowing him to return and study in Australia.

    Aside the above, my cousin has not committed any crimes or illegal activities anywhere in the world including Australia, and for all intensive purposes would be a person of good character.

    Brief timeline of my cousin
    1. 2008 – 2011 - Arrived on a student visa and graduated with a Bachelor's degree of Information Technology in 2011.

    2. 2011 - 2012 – Temporary Graduate Visa which allowed him to work in Australia

    3. 2013 – Visitors visa

    4. 2014 – Working Holiday Visa

    5. 2014 -2017 Student visa and graduated with a Bachelor of Nursing Degree in 2017

    6. November 2017 – Offered a Graduate position to work at a NSW hospital for one year commencing in January 2018

    7. December 2017 – Student visa expired and departed Australia to Hong Kong prior to expiration

    8. January 2018 - Nursing Registration available to be collected though must be collected in person without exception (according to the nursing registration office)

    9. January 2018 – Applied for an E-Visitor 651 visa under a British passport but this was declined as it was invalid and cannot be used to make a E-Visitor 651 visa

    10. January 2018 - Visitor 600 visa applied for but after two months of backwards and forwards with immigration, this application was cancelled upon my cousin applying for a new student visa to continue studying nursing – Masters Degree in Nursing.

    11. January 2018 – My cousin applied for and was accepted into a Masters Degree in Nursing.

    12. January 2018 - Student visa application declined. Reason immigration provided was that my cousin was using student visas to live in Australia as opposed to study. That the purpose of a Student visa is meant to be short term and not continually re applied for.

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