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Immigration Forum / Australia and NZ / January 2007



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BandS - 30 Jan 2007 03:22 GMT
My friend who is English is over here on a visitors visa but has been
offered a job here working for a jeweller selling their products on
cruise ships coming into Australian ports.

She is 48 years old and has spent the last 18 months running a gift shop
on a cruise ship.

What visa would she be on if she took the job ?  The people offering the
position said they can sort out the visa which would lead to her getting
permanent residency.

I always thought that the cut off point for visas was 45 years old so I
just wanted to check that this was OK for her.

Thanks

Sharon
JAJ - 30 Jan 2007 05:17 GMT
> My friend who is English is over here in Australia on a visitors visa
> but has been offered a job here working for a jeweller selling their
[quoted text clipped - 13 lines]
>
> Sharon

A job offer, in itself, is not enough for either a temporary (457)
or permanent visa (ENS/RSMS).  The job needs to be at a certain
skill level, plus other requirements, and on the face of it it's
hard to see how a sales job like that could qualify unless she is a
trained jeweller.

I'm not aware of any other visas that could specifically cater for
cruise ship employees - there may be something buried in the
Regulations, but that would not necessarily help her get permanent
residence.

There is an age bar of 45 for employer sponsored permanent visas.  It
can be waived but that's not especially easy.  There may also be
problems switching from her existing visa.

Bottom line is that your friend should get some independent professional
advice on what her visa options may or may not be.
BandS - 30 Jan 2007 05:24 GMT
> A job offer, in itself, is not enough for either a temporary (457) or
> permanent visa (ENS/RSMS).  The job needs to be at a certain skill
[quoted text clipped - 13 lines]
> Bottom line is that your friend should get some independent
> professional advice on what her visa options may or may not be.

Thank you so much for that.  I have to say that I am very wary that she
will be able to get a visa so I have forwarded your reply to her
reiterating the part about getting some advice.

I will let you know the outcome.

Once again, thank you for your help

Sharon
mark213 - 30 Jan 2007 10:28 GMT
> Thank you so much for that.  I have to say that I am very wary that
> she will be able to get a visa so I have forwarded your reply to her
[quoted text clipped - 5 lines]
>
> Sharon

Cruise ships dont necessarly require working visas. You are given a
seamans visa/pass that allows you to enter multiple ports but you arent
given residence anywhere. Your terms of employment are normally of the
country that the shop is registered or of the office that made the
employment.

From http://www.customs.gov.au/site/page.cfm?u=4266

Crew change:
Customs officers must give approval before a crewmember is permitted to
sign-off a vessel. Approval to sign-off is subject to a letter from the
Master guaranteeing the crewmember's departure within a specific period
and the crewmember holding an acceptable travel document.

Crew signing-off their vessel will continue to hold a Special Purpose
Visa (SPV) for the period approved by the clearance officer (normally
for five working days). This period can be extended to a maximum of 30
days if considered necessary by DIMIA. Crewmembers who do not leave
within the given period will become unlawful non-citizens and subject to
detention and removal as soon as practicable.

Crew signing off their vessel and wishing to have a holiday in Australia
need a visitor visa. It is advisable that the visa be obtained before
the crewmember travels to Australia. They can also apply for the visa at
an office of DIMIA in Australia within the period their SPV is valid
after signing-off their vessel. Failure to do so will make them unlawful
and subject to detention and removal from Australia.

New Zealand citizens signing off as crew and wishing to remain in
Australia can apply for a Special Category Visa (SCV) by presenting a
valid New Zealand passport at an office of DIMIA and completing a
passenger card.

Crew joining a vessel in Australia
Non-Australian crew intending to join a vessel in Australia must obtain
a transit visa overseas which would allow them to sign onto the vessel
within 72 hours of their arrival in Australia.

Reporting absent crew
On departing a port in Australia, the Master must report to Customs, (on
a Form 25 "Report of Absent Members of Crew"), any crewmember who was on
board the vessel on arrival at that port but is absent, with or without
leave, when the vessel departs that port. This does not include crew who
have signed off and reported on the Crew List Attachment Sheet (CLAS).
Failure to report absent crew could result in a fine of $A4,000.

Maritime Crew Visa (MCV)
In December 2005, Senator Vanstone and Senator Ellison issued a joint
media release announcing the introduction of a new Maritime Crew Visa
(MCV) category from July 2007.

Under the new initiative, all sea crew on commercial vessels including
passenger liners will be required to apply for the new maritime visa
before they reach Australia.

For further information visit: www.immi.gov.au/sea
BandS - 31 Jan 2007 07:07 GMT
> Cruise ships dont necessarly require working visas. You are given a
> seamans visa/pass that allows you to enter multiple ports but you
[quoted text clipped - 54 lines]
>
> For further information visit: www.immi.gov.au/sea

Thanks for all the info but the company she would be working for are
based in Adelaide and she would only go aboard the ships for up to 1
week at a time to sell their products.  She would not be crew.

Sharon
 
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