GSM Update: DIAC extends time for Onshore applications

Below is advice that I have received from the two Professional Associations that represent Registered Migration Agents – The Migration Alliance & The Migration Institute of Australia.

Bottom line is that DIAC are advising that eligible applicants will be able to lodge applications up to 31 December 2012. In other words the opening of SkillSelect on 1 July 2012 will not be the cut off date for eligible GSM (885, 886 & 487) applicants. You have a period of overlap between the new and the old system.

GOOD NEWS!

Migration Alliance advice…

Please see below response from Ben Coates, Policy Officer from Points Based Skilled Migration Policy Migration & Visa Policy Division in relation to question raised by Migration Alliance:

Question from Migration Alliance:

Can all students who finish study at the end of this year and occupation on SOL, and achieve 65 points, apply for a 885 visa?
I thought only students in transitional arrangement (applied TR 485 before 8 Feb 2010) could apply for an 885 before 1 Jan 2013!

Please clarify ?

Response from DIAC:

While the new visas (189, 190 and 489) will be introduced from 1 July 2012, there will be a period of overlap where people in Australia can continue to apply for the existing points-tested skilled migration visas. The 885, 886 and 487 visas will stay open for applications for six months until 1 January 2013.  People already in Australia who want to apply for a skilled migration visa during this period, including those eligible for transitional arrangements, can apply for a 885, 886 or 487 visa and/or submit an EOI for one of the new visas in this period if they wish.

Migration Institute of Australia advice…

GSM Update: Clarification of Applications Open Until 31/12/2012

There has been some confusion about the information on the DIAC website that onshore GSM applications for Subclasses 885, 886 and 487 will remain open until 31 December 2012, as reported in MIA Notice: 2012.26: GSM Update: Onshore SC885/886/487 Applications Open Until 31/12/12, DIAC WA TSC on Monday 30 April.
DIAC’s David Stewart, Program Director, General Skilled Migration, has informed the MIA that GSM Subclasses 885, 886 and 487 will remain open until 31 December 2012 to all eligible applicants, not just to people who are covered by GSM transitional arrangements.

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260 Responses to GSM Update: DIAC extends time for Onshore applications

  1. Hi Grant

    To be honestly.. I cant fulfill 65 points..now what to do?? the biggest question arise??? due to superior english ability…After throwing huge amount of money of Uni fees by my Father’s sweat .from overseas…and there is no way…I was decieted…What to do??

    • Immigration Pty Ltd

      Sam perhaps you’ve got to look into the employment pathway via a sponsored visa TR 457 and then later PR via ENS. Grant Williams

  2. Hi Mr.Grant,
    Thanks for giving good news, and thanks to migration alliance for raising question for us. thank you very much too.

    Regard
    s

    • Hi Grant,

      I could not find a better place to ask this question.

      I was granted a 457 VISA on 7th of December 2011 and received my completion letter on 6th of March 2012.

      Before that I was studying under my student VISA.

      Given that DIAC extended the time period for 885 and 886, what is my last date to apply for through GSM?

      Tara

      • Immigration Pty Ltd

        Tara
        Unless I’m missing something here the simple answer is as soon as you are eligible to meet the GSM PR criteria. Why wait?
        Grant Williams

  3. Hi Grant,

    Sorry for not looking at this post earlier. This must be the post where you quoted me regarding the new announcement that us, transitional GSM applicants may apply up till 31st Dec 2012, without being affected by the SkillSelect/EOI new rules. Is that right?

    Anyway, I have spent the entire weekend looking at your posts and all the comments – starting from August 2011. The wealth of information available here mainly from you and some other contributors, has been mindblowing!

    I just wanted to rephrase my question, as it might have gotten lost among the other posts.

    1) My objective is to apply for 885 immediately
    2) I am on BVA to 485 (which I applied on 8th Mar 2012)
    3) I graduated on 2nd Dec 2011
    4) As of now, 6th May 2012, I have 65 points to apply for an 885
    5) I am quite sure that should I put in an application for the 885 now, the 885 will be processed much, much faster than the 485 I submitted on the 8th Mar 2012.
    6) Would it be advisable to submit an application for an 885 immediately, given that I am on a BVA to a 485 now, and I am still within the 6-months-from-previous-study time frame.
    7) I have completed the online application forms, and have scanned all the required documents – In short, I have everything ready and am afraid to press the “submit” button and pay the $2,960 application fee, in case there are negative repercussions from acting so.

    Please advise?

    Regards,
    Lloyd

    • Immigration Pty Ltd

      I’d say Yes Lloyd but in the end you’ve got the press the button as you say and I have not seen the application. However if you’re sure you’ve got the points I see no reason why not. Grant Williams

  4. It is obviously a very good news for all the prospective Onshore applicants, especially who are struggling with fulfilling points and also for the students who are graduating very soon. I simply can not understand why DIAC is not updating their site with this information! They should and should do ASAP as it is a very important factor for many. I always follow your blog. I Love the way you explain without any complex legal words/sentences.

  5. Hi, the question is not related to the topic but I want to know about traveling overseas on BVB. I was on BVA in aug 2011, then on BVB traveled overseas to meet family in october. Now again I want to apply to travel and meet my family. Diac suggests that I need evidence for my visit purpose. What should I do?

    • And yes I just need to go for 14 days

      • Immigration Pty Ltd

        Not a problem as most BVBs are up to 3 months some longer. Grant Williams

    • Immigration Pty Ltd

      Just apply again and say you are travelling to some family event. Use your imagination. Garnt Williams

      • Be careful about this advice Grant. Might get you in trouble with the MARA.

      • Immigration Pty Ltd

        Dear Leigh
        Migration Agent?
        Do you think this is not correct?
        General warning?
        Grant Williams

  6. Hi, the question is not related to the topic but I want to know about traveling overseas on BVB. I was on BVA in aug 2011, then on BVB traveled overseas to meet family in october. Now again I want to apply to travel and meet my family. Diac suggests that I need evidence for my visit purpose. What should I do? i just need to visit family for 14 days only.

  7. Hi Grant,

    Am really happy to hear that the visa 885 will be available for all students until end of 2012, as I am in my final semester now :D

    Just one quick question, I just received my IELTS results, and I scored 8, 7.5, 8, 7.5. On the result report, it stated that my *overall* band score is 8.

    Would I be able to claim 20 points for my English Language Ability?

    Thanks!

  8. Hi ! I am planning to apply skilled migration visa 885 before june on based of my defacto partner with more than 2yr living together , can you please advise if I can register my relationship as defacto partner or not? and would it make my case strong?

    • Immigration Pty Ltd

      Not sure I really understand your question. You are lodging 885 that’s a GSM application and you want to include your partner or your partenr is the applicant and you will be the secondary applicanat? Anyway yes you can register your relationship if you’re in a State / Territory that has passed that legislation (like NSW) and yes that will add weight to your de facto claims. It will not be enough on it’s own though so you will need to give other proof of your 2 years together.
      Grant Williams

    • Immigration Pty Ltd

      You only need to post in one place it just wastes time – mine to have to respond to this.

  9. Thanks in advance!!!

  10. Hello Grant,
    The link below will clarify the confusion about 885,886 visa after 1st july 2012.

    http://migrationblog.immi.gov.au/2012/04/24/changes-to-points-tested-skilled-migration-visas/

    • Immigration Pty Ltd

      Thanks I guess it does if you read down into Robert’s comments. Remember this is the DIAC Blog. I’d still like to see it on an offical release from DIAC.
      Grant Williams

  11. Hello Grant

    i am a 485 visa holder,welfare worker,dont come under transitional arrangements.My question is can my brother(lives in regional area) can sponsor me or if I have any other options.Please advice.

    • Immigration Pty Ltd

      What visa are you hoping your brother can sponsor your for?
      It really is impossible to answer your question without seeing all your paperwork. Immigration applications can be complex and if you want sensible advice you have to allow the person who you want the advice from to be innpossession of all your details.
      Grant Williams

  12. gooddeals86

    Hi Grant, I’ve applied for TR on 22 Feb 2012 and currently I’m on bridging visa A. Am I still eligible to apply for GSM 885 under transitional arrangement?

  13. Hi! I’m an IT student completing a Master degree this June. I have the required # of points BUT my biggest concern is that the IT roles may be removed from the new skill list coming out this July (they’ve been flagged in the Skills Australia website).

    Some people have suggested lodging my 886 application early to be safe. The website states, “If you do not have all of these documents and you need to lodge your application urgently, you must ensure that you meet the basic eligibility requirements to apply for this visa. ” then goes on to say:
    “A complete application meets all requirements for this visa, with all required documents attached as evidence. Incomplete applications may be delayed or, in some cases, refused.”

    My questions are:
    1. what does “you must ensure that you meet the basic eligibility requirements to apply for this visa” mean? What does “ensuring” mean in this sense?
    2. would you know which situations resulted in refusing an application vs. just having them delayed?
    3. would you recommend submitting incomplete applications? The one document I’m waiting on is my skills assessment, which will take approximately 3 months after I graduate, so it’ll be around 3 months til I’m able to submit it. BUT I should be able to provide documentation showing I’ve submitted a request before July 1st.

    Thank you so much! :)

    • Immigration Pty Ltd

      Maria Not sure who ‘some people’ are but I’v not had any feedback about iT roles being removed. Sounds like a silly rumour.It’s always best to submit a complete application – common sense.
      You get refused if you do not meet the criteria that apply at time of application. Examples have IELTS threshold and for required points. Nominate a skilled occupation on the SOL. meet the Australian Study requirement. Pay the Visa application charge. If an application is incomplete obviously it will take longer.
      Your other post asked about a Bv – Yes you get a BVA if you lodge an application from a current eligible visa.
      Grant Williams

      • Hi Grant,
        thanks! BTW the list of flagged occupations is here:
        http://www.skillsaustralia.gov.au/labour-market-information/skilled-occupation-list/flagged-occupations/flagged-occupations.html

        “It’s always best to submit a complete application – common sense.”
        I agree. In my case, however, the only thing I will lack at my point of application is my skills assessment, though I will be able submit a receipt saying I’d already applied for it, and I am 100% sure I will get certification. l know of a migration agent who submits PR applications w/ the skills assessment to follow, his line of thinking is that it takes a while to be assigned a case officer, and if it’s missing, they’ll just ask for it, but it seems risky, which is why I wanted to get your opinion.

        So again my point of clarification is, “If you do not have all of these documents and you need to lodge your application urgently, you must ensure that you meet the basic eligibility requirements to apply for this visa.” If I have already submitted a skills assessment request and I’m positive I’ll eventually get it, is providing a receipt enough to “ensure” that I meet the basic eligibility requirements? Can other documents (that I do already have) such as academic transcripts and letters of reference regarding my work experience be used as a guide to “ensure” meeting basic requirements for now while I am waiting for the formal skills assessment?

        If it is way too risky for me to submit without the skills assessment, I will have to apply for a graduate visa just so I can get a bridging visa. (The requirement for a graduate visa is just evidence I’d applied for a skills assessment.) Obviously I don’t want to apply for a graduate visa if I can help it as it is additional $$$. I have friends who did just that & they ended up getting their PR before their graduate visas! :P

        Thank you so much :)

      • Immigration Pty Ltd

        Maria

        I suggest you read this page on the DIAC GSM section website before you do anything else.

        http://www.immi.gov.au/skilled/general-skilled-migration/885/eligibility-skills-assessment.htm

        It is fairly clear about the timing of obtaining your skills assessment

        Grant Williams

      • To add — I’ve been hearing that ACS skills assessment currently take between 2 weeks to a month, with some people getting it as early as 7 or 8 days. So I’m hoping that I would be able to submit my skills assessment at most a month after I’ve made my application. I don’t know if this is still risky or if I should apply for a graduate visa in the meantime…

  14. Hi, sorry I have another question.
    My current student visa expires end July. If I apply for an 886 before then, do I automatically get a bridging visa?
    Or should I apply for a graduate visa first?

  15. hello grant
    I have applied for 485 visa on 10th October 2009
    and 885 visa on 24th February 2010.
    I have applied my 885 visa on the basis of 7 bands in each module of Ielts.
    I have voluntary work experience as a cook.
    In 2010 TRA has revoked my skill assessment as a result of that department of immigration canceled my 485 visa application in 2011.
    In January 2012 i have withdraw my 885 visa application as department was considering my application against the PIC 4020. I withdraw 885 visa application because this will barred me up to 3 years for applying any other visa. I came to know that Trade recognition Australia was not a recognized skill assessment body before October 2011.
    In 2011 i worked again as a cook and got a new successful skill assessment from TRA.
    In 2011 i applied for the review of my 485 visa decision to the Migration Review Tribunal ( MRT) with the new skill assessment and i have won my 485 visa case in MRT with new TRA skill assessment in april 2012.
    Now i got my 485 visa can you please tell me what rules now i came under because i lodge my 485 visa in October 2009 and i got a new TRA skill assessment in 2011.

    thank you

    • Immigration Pty Ltd

      Complicated but as you won at MRT for a 485 lodged in 10/2009 you must come under the old rules, old SOL.
      Grant Williams

  16. Hi Grant! again I am enquiring about GSM application with De facto partner to gain 5 points.
    (Primary applicant)My Boyfriend has TR 485 at the moment and (Secondary applicant)I am on Bridging of TR 485(applied 21/3/12). My boyfriend has Got 7 bands in each and we are planning to apply together for Independent Skilled Mig. So can you please advise what is the main proofs we can show to prove living together … we have been searching for a good lawyer, can you suggest a good lawyer? or if we apply on our own is there a high chance to get our application rejected? (we live together since 2009 June).
    Also, We heard that because we are indian nationality there is high risk involved as de facto relationship is not very common in our culture?
    We do have some local PR friends who are ready to do statutory dec. also is overseas (from parents) statements have any value?

    thanks
    Kinjal

    • Immigration Pty Ltd

      Kinjal The de facto and Indian nationality suggestion is nonsense. Have a look at the long list of partner evidence on my Blog in realtion to partner applications. You need proof that you are living together. No statements form parents and relatives in India will not be viewed as strong evidence. You do need to find some Australian witnesses to help you. I do not recommend lawyers or agents as I cannot control what they do. Of course there is a chance that any application can be rejected. It depends if the applicants meet all the criteria to get the visa and that means providing proof. To get partner points the partner must meet strict criteria (on the DIAC website) at time of application NOT LATER! Grant Williams

  17. Hi Grant!
    I completed my bachelor degree in engineering on 28th February 2012 (completion letter) and I have holded my student visa until 28th April although I applied for 485 graduate visa just before the expiry date student visa, having hold the bridging visa A up to now. I have an assessment outcome letter of Engineering technologist, which is still on the list (SOL).

    In this case, assumed that DIAC extension is official, can I still appy for 885 once I meet the requirement by the end of this year (31/12/2012)??

    Plus, if I can, I would still have to apply within 6 month time from my degree completion date, 28/02/2012, which is 28/8/2012 ??

    Although, there might be also problem, if my graduate visa process has no effect since July due to the law change… Does this affect??

    I am not sure if this is still possible for my case..
    Your reply would be very much appreciated.

    Thank you for your help

    Kind Regards,
    Yooun

    • Immigration Pty Ltd

      Yooun
      Yes yopu can apply up until 31 December 2012 but for you the effective cut off date is 28 August 2012 when your 6 months is up. The problem you have is that you are now on a BVA. Once you’ve been on the BVA for more than 28 dyas you will have to wait to get the 485 before you apply and that’s likely to be after 31 December 2012. Do you ahve an employer who might be willing to sponsor you. You can just wait to get the 485 visa and then look to get Pr from a work sponsorship.
      Grant Williams

  18. gooddeals86

    Hi Grant,

    I held a student visa 573 on 8 Feb 2010, this visa expired on July 2011 (don’t remember exact day).

    Then I flung a unit in uni and had to renew student visa 573 and was then granted another student visa 573 on Aug 2011. Successfully finished the course on 19 Nov 2011, the visa then expired on 15 March 2012.

    Applied for a graduate visa on 22 Feb 2012 and was granted a BVA on 15 March 2012.

    On 23 February 2012, Australian Computer Society approved of my skills for ICT Business Analyst.

    I scored a band of 7 for all areas in IETLS.

    Its been exactly 6 months since I’ve finished uni, more than 28 days of holding a BVA.

    Am I still eligible for transitional arrangement visa 885?

    • Immigration Pty Ltd

      What’s the date on your Uni completion letter? Add 6 months and that’s the absolute cut off for a 885. You may have to wait for the 485 to be granted. Grant Williams

      • gooddeals86

        17 November 2011 was the completion date on letter. I guess I have to wait for 485. Thanks Grant

  19. Hi Grant,

    I recently got my TR 485 approved, after almost 3 years since I applied. Now i am preparing my 885 application. Can I still apply my 885 under old 120 points system since I applied for TR in 2009? Also Since i have TR for 1.5 years, can I leave Australia for long time say one year without having any negative affect on my 885 application? If no negative impact then please also please comment on the scenario if I am away and 1.5 years are passed and still my Application for 885 is not approved?

    your suggestions are highly appreciated. Thanks.

    • Immigration Pty Ltd

      Tara
      Yes you are an old SOL system application.
      Being O/s has no impact on your 885. Just important that they have you full contact details.
      Grant Williams

      • Hi Grant,

        So I sent my 885 application 6 weeks back. I still haven’t heard back anything from department, The recent Allocation Table from Department website says that for 885 Skilled – Independent applications with Priority Group 4, CO will be assigned within 4 weeks of lodgement. Its more than 6 weeks now and I can not see any movement with my application. How can someone confirm if the officer is assigned to application?

      • Immigration Pty Ltd

        Tara
        You have lodged an application during the largest changes to immigration law for decades. Busy time for them! Check with the portal on the DIAC online website via your TRN. But really just be a little patient.
        GW

  20. Hi Grant,

    I graduated in 8/2011 and applied for TR 485 in Sep 2011 so now I’m still on BVA. I just got my IELTS 7.0 in each band so I’m gonna apply for PR 885. Since i already passed 6 months time frame after i completed my degree so is it possible for me to apply for 885 straight away or have to wait till I got my TR granted?
    And if it’s the case that i receive TR after 1 July 2012, Will i be bound by the new rules when i lodge my PR 885 application?

    cheers,

    • Immigration Pty Ltd

      Layla
      You must wait for 485 now.
      New rules.
      They have extended the time you can apply up to 31 December 2012 for 885 without using the new SkillSelect system. So that will alsmost certainly work for you.
      Grant Williams

      • Then what will happen if I still don’t have the outcome of my TR till 31 Dec 2012? Does that mean new rule will apply to my case? Cos I know one of my friend still hasn’t received her TR outcome even though she lodged it in April 2011.

        cheers

      • Immigration Pty Ltd

        Yes that means you will have to make your initial attempt to apply for GSM through the new Skill Select system Grant Williams

  21. gooddeals86

    Does the skill select system applies to everybody after 31 Dec 2012?

    • Immigration Pty Ltd

      Yes it does for GSM and Business Skills from 1 July 2012. Grant Williams

      • gooddeals86

        Say I am granted TR after 31 Dec 2012, submit an EOI, then my visa expiry date is coming to an end and have not received an invitation. Do I have to leave Australia?

      • Immigration Pty Ltd

        Yes unless you can get another visa. Grant Williams

  22. I have a question re:
    “Once you’re on a Bridging Visa (and here I’m mostly talking about those on a BVA) and you move beyond what Schedule 3 of the Migrations Regulations charmingly call the “relevant day” (for most 28 days after the expiry of your last substantive visa) you are basically blocked from making another visa application onshore”

    So if I’m granted a BVA for appying for a TR, I can only apply within 28 days for an 886? Otherwise I will have to wait for my TR to be granted?

    • Can I apply for a Skilled Independent (subclass 189) visa under SkillSelect if I am on a BVA? Is there a 28-day period for this?

      • Immigration Pty Ltd

        Maria if you read the DIAC website you’d see that you can apply for the 189 as this new visa does not attract a BV on expression of interest or upon application. Grant Williams

    • Immigration Pty Ltd

      Maria It is complicated in the case of 485 to 885 &886 by the fact that applicants have a 6 month window from their study completion date to make an application. Generally applicants only make one application and if that visa is granted then there is no other consideration. However if you apply within your 6 month window from a BVA for an 885 visa you will be granted a BVC. This BVC will only begin once the BVA ceases. There are a number of possible scenarios. 485 granted, expires 18 months later and then BVC until PR application finalised. On BVA for 485 and then PR granted before 485 There are other possible combinations however and it is really hard to spend time going over all of them here. You need to get your case examined as every person’s circumstances are different. There is no simple general answer.

      Grant Williams

  23. Hi Grant.

    I am on 573 student visa now..till june 2013. I want to call my spouce from overseas, Should I lodge file from onshore or offshore?? After coming my spouse here I wana swap student visa…

    Is it possible??

    thnx

    • Immigration Pty Ltd

      Hakim
      Yes your wife can apply for a dependant studnet visa in her home country. As long as you can meet the financial criteria it should be granted.
      I do not know what you mean by “swap student visa” ???
      Grant Williams

      • Thnx Grant

        I mean, After coming my wife. She will be on student visa and I am on dependent visa..It means, she is studying…any cheap Diploma course

        What about work limitation of both??

        thnx

      • Immigration Pty Ltd

        Work limitation will be 40 hours per forthnight (2 weeks) for both of you if you are allowed to swap over without studying. What’s the point of doing all this if all you end up with is a “cheap Diploma”? Grant Williams

      • Hi Grant

        To be honest with you, there is no hope for PR in future in order to conducting recent DIAC norms. and even current student financial crisis. like less job, struggle.And in this situation I throw money for getting Degree or Higher course its worth less, which it seems to me.

        So I decided to extend student visa again and again, until refuse here and back to home…. no other way..

      • Immigration Pty Ltd

        OK well that’s your decision I guess. Good luck. Grant Williams

  24. Hi Grant,

    On 8 Feb 2010 I held a student visa 573. I’ve finished a 4 years degree course in Australia. The degree course is Bachelor of Pharmacy, date of completion was 7 December 2010.

    I had a full time paid internship in a retail pharmacy from December 2010 to January 2012.

    I chose Retail Pharmacy on SOL and the assessment result was positive.

    Lodged an 485 application on 11 Feb 2011, granted a TR on 30 March 2012.

    IELTS result were 9 9 7 7, overall band score 8.0.

    Am I eligible to apply for Transitional Arrangement Subclass 885 Skilled – Independent before 31 Dec 2012? and I was wondering about the accessing points for transitional arrangement was it 120 or 65?

    • Immigration Pty Ltd

      No you are not a transitional applicant for 485.
      You must apply using the current points test.
      Grant Williams

  25. Hi Grant,

    My appreciations for responding to enquires from scores of intending migrants. I have some enquires for you and I will be grateful if you would answer them:

    1. When an EOI is assessed for visa 189, does the 6 months recent graduate time limit come into play or am I required to I hold 485 visa to qualify for visa 189?

    2. Is there also a quota in place for each occupation within the ranking system when SkillSelect system come online?

    3. Is it possible to submit an EOI this July, and if I am granted 485 visa before 31/12/12 can I still apply for 885?

    4. Is there a SOL update due this July?

    Many thanks,
    Andrew

    • Immigration Pty Ltd

      Andrew I have not seen any of the legislation for the new EOI process as it is yet to be published so I’m not game to answer just on the basis of DIAC promo material about the system.
      Try asking on the DIAC Blog.
      Grant Williams

  26. Dear Grant,

    I held the 485 visa on 8 Feb 2010, but the visa has been expired and I’m holding a student visa now. Am I eligible for the transitional arrangements?

    Thanks!

  27. Hi Grant
    I have a question ,Can I lodge ENS 121, application with skill assessment acknowledgment or do I have to submit an assessment with my application.

    • Immigration Pty Ltd

      Kash

      This is what the Migration Regulation says…

      “(A) an assessing authority specified by the Minister in a Gazette Noticefor this sub-subparagraph as the assessing authority for the occupation to which the appointment relates has assessed the applicant’s skills as suitable;

      Grant Williams

  28. I am registered Nurse in Australia Melbourne for around 18 months ,my immigration consultant stuffed up mine TR application atm my case is in MRT but I have found an employee who has sponsored me.My Consultant advice me that I have to lodge my application offshore .Immi accepted my nomination last year 5th dec and I have only couple of weeks left before it will expire. I have done all preparation but my consultant come up with another issue,that I will require an ANMC assessment and with out it I cant lodge my P.R application ,not even with ANMC acknowledgment letter otherwise my application will refuse.
    I am very confused and frustrated , I dont understand why would I require ANMC assessment,even though I am a registered Nurse.
    Recently few of my friends got their PR and I asked them if they had submitted the ANMC assessment ,they said they dont have to.
    Please advice me what am I supposed to do ? my consultant is very well known and because of them my T.R application was refused because they forgot to submit a document .

    • Immigration Pty Ltd

      You require the ANMC successful assessment because the Migration Regualtions require it

      121.211

      If clauses 121.210and 121.211Ado not apply, each of the following is satisfied:

      (a) the applicant has been nominated by an employer, in accordance with subregulation 5.19(2), for an appointment in the business of that employer;

      (b) either:

      (i) both of the following are met:

      (A) an assessing authority specified by the Minister in a Gazette Noticefor this sub-subparagraph as the assessing authority for the occupation to which the appointment relates has assessed the applicant’s skills as suitable;

      (B) unless exceptional circumstances apply, the applicant has been employed in the occupation to which the appointment relates for at least 3 years before making the application;

      Simple as that I’m afraid.

      Grant Williams

  29. On 8th of Feb 2010 I held a student visa 573. I am on 485 visa which is expiring on 14th Aug, 2013. can i apply 885 visa after 1st July, 2012 under old rules (65 points). Is there any change from 1st July, 2012 can affect my visa application, if I apply after July,2012.
    thanks
    Palwi

    • Immigration Pty Ltd

      As I understand it DIAC are saying 885 will stay open until 31 December 2012. Check with DIAC.
      Grant Williams

  30. livelearngrow

    Dear Grant,

    Do I have to inform DIAC within 28 days of receiving completion letter for my course?

    Will my student visa be automatically ceased after that day, though it expires in Dec 2012?

    Given I have enough documents to apply for PR after the window of time, say in the 30th day, can I apply at that time?

    Thank you very much.

    • Immigration Pty Ltd

      No you do not have to inform DIAC your college does this. Not for you to do. Your student visa will cease on its expiry date Dec 2012. There is no 28 day window you’re just inventing this and you have 6 months after date of completion to apply for PR. Grant Williams

  31. gareth sheehan

    Hi Grant. Your website looks fantastic and you’ve provided so much valuable advice. Could you answer a simple question for me as I’m hoping to apply for PR before July. I’ve worked as a Marketing Brand Manager with two companies from May 09’ to Jan’11 and June’11 to present. Do I qualify for ENS under the 2 year working rule?
    The reasons for the break between employments were – short holiday, job hunting and waiting visa approval for my current employers.

    Thanks for your help
    Gareth

    • Immigration Pty Ltd

      Gareth
      I assume you are on a 457 visa? Current rule up to 30 June 2012 is 2 years on a 457 and at least 1 year before application with the nominationg employer. From 1 July 2012 it changes to 2 years with nominationg employer. You have 2 years in total but not 12 months / 1 year if your current employer is nomination you. So no not right now and after 1 july you’ll need to be 2 years with the current employer on the 457n to qualify. Not really a simple question after all.
      Grant Williams

  32. Hi Grant, this appears to be great news all round for applicants scrambling to meet the dreadful 1 July 2012 deadline. I am graduating at the end of June which makes it virtually impossible to meet this deadline. My migration agent has reassured me with regards to this issue but being a worrywart I can’t help but need some form of reassurance in this. I found this link in the official blog which comments on this issue.

    http://migrationblog.immi.gov.au/2012/03/30/new-visa-subclasses-announced-on-the-skillselect-website/

    The general consensus is that the 885 visa will remain open to all eligible applicants but the reliability of this information is ultimately a main concern. I’m sure everyone would like to avoid a situation where their applications are rejected placing undue reliance on “unofficial” information. Would the fact that (1) comments on the blog are moderated by the department and (2) with it being hosted on govspace.gov.au be sufficient grounds to place reliance? I’ve also carefully read the disclaimers and terms of use and there appears to be no discretionary clauses to substantiate that reliance shouldn’t be placed. Still there’s a call for concern with the omission of this information on the official website. What would your advice in this situation be?

    • Immigration Pty Ltd

      Sharon You have very clearly summarised my concerns at this time. This is on the DIAC Blog but I’m yet to see the actual official announcement. It’s been reported by both the professional associations who work with migration agents. I’d like to be reassured as well Grant Williams

  33. gareth sheehan

    Thanks Grant, just to clarify, I’ve been on a 457 with my previous employer completed employment with them, got another 457, and hope to go for PR once I hit the 1 year mark on June 10th, Does the gap between 457’s matter? I finished my previous employer in Jan 2011 (however my previous employer never contacted the DIAC to terminate my old 457) and I commenced work with an official new 457 visa on the 10th june 2011… so as far as they DIAC are aware there has been no gap in Visas / work time.

    Gareth

  34. Dear Grant,
    I have loged my 485 application by express post on Thursday 24th May and my Visa was expried on Friday 25th May. On Friday 25th I rang the immigration and asking them about have they received my application yet and they told me that have not received yet my application and they are also asking me to check with the post otherwise ring them back on Monday 28th May. Anyway I have checked with the post and they said that it was already in their mail box, in Adelaide but they have not check it yet. Anyway, I am wondering because my bridging visa A is now run out and I just want to know that how they processing for the application? Do they check their email everyday? Should I ring the immigration back on Monday and find out with them because I am now worry about my briding visa which has already expired now.
    Thank you
    Kanya

  35. hi grant
    i apply my 485 visa on December 2009
    and 885 visa on January 2010 on the basis of 7 each in IELTS and i have voluntary experience.
    In 2010 TRA revoked my skill assessment.
    in 2011 DIAC has cancelled my 485 visa application.
    Again i worked as a cook and got a voluntary experience and have a successful Provisional skill assessment From TRA in 2011.
    So In 2011 i apply to Migration Review Tribunal for review of my 485 visa application.
    In January 2012 i withdraw my 885 visa application as the DIAC was considering my file against PIC 4020.
    In March 2012 i had won case in MRT for 485 visa. The MRT has remit my 485 visa case to DIAC for Reconsideration. Hopefully i will get my 485 visa soon.
    My question is that i have lodge my 485 visa application in December 2009 and i have a successful provisional skill assessment from TRA in 2011.
    I also want to know that as i have lodge my 485 visa before 8 February 2010 can i still apply for 885 on the basis of 7 each in IELTS as i already got a Provisional skill assessment from TRA in 2011.

    Thank you

    • Immigration Pty Ltd

      Vin Your situation is complicated by the actions of DIAC and TRA but from what you have written here once DIAC grant the 485 you will be an old system applicant – or transitional applicant for the 885 application. Grant Williams

  36. i have applied my gsm under 885 in april2010 , i want to know when will i get my visa.plz help me out. i am waiting for last two years.

    • Immigration Pty Ltd

      No idea. They don’t tell me either I’m sorry. Check the DIAC website processing upadates.
      Grant Willoiams

  37. Hi Grant,
    Is there anything written on the DIAC website or in the legislation that states that a company can sponsor someone from overseas on a 457 Visa only in the event that they can prove that they searched the Australian market first and couldn’t find those particular skills in the Australian market.

    • Immigration Pty Ltd

      Yes that is the intention of the 457 program however the operation is not quite up to that standard. Why do you ask? Grant Williams

  38. hi,
    I am on a student visa currently which expires on 30 sep 2012.
    i want to apply for a graduate visa by aug, what bridging i am gonna be on?
    also, in dec i will apply for my pr, then what bridging will i be on if my graduate visa is still not granted by then? will i be able to travel on these bridging visas?
    Cheers
    Gopal

    • Immigration Pty Ltd

      BVA and then they will also grant a BVC but you stay on BVA until the 485 is granted and the expirews or the PR is granted. You only go onto BVC if 485 is granted and expires. If 485 is refused you go onto BVC.
      Grant Williams

  39. Hi Grant, I am holding student visa after 8/2/2010, I am not those student who has transitional arrangement. Can I use the old rule to applied my PR or I have to go through the new EOI process?
    Iris

  40. Hi Grant ! Regarding the 2 yr Study requirement…
    I finished Master of Professional Accounting in Aug 2010: 1.5 yr
    & Diploma of Management in January 2011 to January 2012: 1yr

    Do I meet the Requirement?

    • Immigration Pty Ltd

      Probably – its fine for two years obviously but you’ll need to convince DIAC that the studies are ‘closely related’ for immigration. This is not a given! Grant Williams

  41. Hi Grant,
    I have a question about partner skills point. Does he/she need to have full skill assessment or a provisional assessment is accepted?

    Thanks

    • Immigration Pty Ltd

      Skills must have been successfully assessed.
      Grant Williams

      • Hi Grant,
        Thanks for such a wonderful help. I was worried about the new changes coming in place on 1 july 13, as I will be graduating in mid october this year. Can you please tell me the process of applying for pr right after I graduate? Like will I have enough time to submit my application before 2013? Secondly my first cousin lives in 2903 ACT, can I benefit from her sponsor, if any? As I have ielts 7 each. Hopefully a professional accounting bachelors degree in october 13.
        Thanks soo much for taking your time out.
        All the best for the future.

        Regards,
        Aly.

      • Immigration Pty Ltd

        The changes start on 1 July 2012 not 2013! The entire process is fully set out on the DIAC website. Iwill be putting up a post soon on these changes. Too much info to give as a Blog answer.
        Grant Williams

  42. hi grant
    i have apply my 485 visa on June 2010 on the basis of advance diploma of hair dressing and currently i am on 485 visa.
    i just want to know that can i apply for 885 visa as DIAC has extended the time limit for onshore applicants.
    Thank you

    • Immigration Pty Ltd

      No you have to apply on the new list and hairdressing is not on this list.
      Grant Williams

  43. Hi Grant,
    As per the new point system, I lack 5 points which I would be able to satisfy showing my 1 yr of experience in IT (65 points). I would be completing one year of my IT profession only on 16 Jan 2013. Am i eligible to lodge a 885 application in the month of december 2012? so that I do not fall in the EOI category.

    Thank you

    • Immigration Pty Ltd

      I think you’ve answered your own question. If you claim the work experience at time of application and you do not have the full year then you are misleading DIAC and they will refuse the application. 1 year is one year. Close does not count.
      Grant Williams

  44. Hi grant,
    I gave ielts in march and got above 8 in all but reading and a month later I got above 8 in all but writing. Potentially a stupid question, but could I use both results combined to show above 8 in all components ? Or I have to get that within a single exam?

    Cheers

  45. Hi Grant,
    I have posted my query yesterday, but has vanished for some reason. As per the new point system I lack 5 points which I should be able to score showing 1yr of work experience. The problem is that, I would be completing one year only on Jan 16 2013. Will I be able to lodge my application in the month of December 2012, so that I do not fall in skills select.

    Thank you

  46. Hi Grant,

    In terms of proving 5 years overseas experience, what documents should I provide to Immigration if I would like to apply Skill Independent sub class 885 to gain 10 points?

    I am a bit of concern to ask my old company for the payslip as they did not implement payroll system at the time I was working.

    • Immigration Pty Ltd

      Mai
      A properly drafted work reference on letterhead specifying inclusive dates of employment with date of issue and signed by someone who is named under the signature and with the contact details of the business on the refernce – address and phone and email.They will check!
      If possible pay slips and tax records to show you were legally employed.
      Grant Williams

  47. Thank you

  48. Hello Grant,
    I am currently on the bridging visa A (applied for visa 485 around March this year). unfortunately due to the need of 10 more points and not being successful in IELTS I have not been able to apply for 886 so far. I am going to do the IELTS one more time and will get the result 8 days after 6 months from my university completion date. first I wanted to know is 8 days still counts that they would reject my application for it? the second question is, is that possible to get my 485 visa under 12 months so that I can apply before 1 Jan 2013?

    Thanks in advance

    • Immigration Pty Ltd

      Kamran
      No 6 months is not 6 months and 8 days. This is legislated period. No room to move from the set period.
      Yes it’s possible but currently it’s not happening.
      Grant Williams

  49. Hi Grant,
    I have an issue, my student visa expires on 30 September 2012, I would apply for a graduate visa on the 1 August 2012. Can I visit home from 10 August till 10 October 2012? I mean can I get a bridging visa B, before my current student visa expires?

    Thanks,
    Gopal

    • Immigration Pty Ltd

      No. You can only getonto the BV once your student visa expires., So the times you suggest will not work. Grant Williams

      • Hi Grant,
        My student visa expires in march 13, however I will finish my degree in october 12, my ielts is 7 each and can I get my relative sponser points from my first cousin, citizen, from ACT? Lastly can I apply for pr under the current system under my current circumstances, as mentioned above.

        Regards,
        Aly.

  50. Hi Grant,
    I have recently finished my Masters in IT ,have relative sponsorship and able to score 55 points in new points system i:e for Age-30, Qualifications – 15+5=20 and Australian work experience occupation related-5, a total of 55 points. Pls let me know, am I eligible to get the rest of 10 points for 886 PR (relative sponsorship) same as I do get 10 points under the new points system for Designated area sponsorship if I apply for a visa before the cut off date 31st Dec 2012 which is extended for 885,886 and 487 by the DIAC for all eligible former and current students.

    Am I eligible to apply for direct PR (886- relative sponsorship).

    Rgds,
    Pavani

    • Immigration Pty Ltd

      Pavani
      I cannot answer this question without seeing all your paperwork. It’s just not a responsible thing to do. You need to get an agent to look at your options. My Blog is not here to be a free application assessment service. Questions, problems, issues yes but I’m not trying to substitute for application assessment. If you’re not sure get some help.
      Grant Williams

  51. Hello GRANT,

    I have apply my 485 visa in November 2009.
    In February i applied my 885 visa on the basis of 7 each in Ielts.
    I have voluntary experience as a cook.
    In 2010 TRA revoke my skill Assessment.
    Again i worked as cook and get my TRA skill assessment in 2011.
    In 2011 DIAC cancel my 485 visa.
    after that i apply review of delegate decision to Migration Review Tribunal ( MRT).
    In February 2012 i withdraw my 885 visa because DIAC was considering my file against PIC 4020.
    because i do not have any other option.
    In April 2012 i won the 485 visa refusal case in MRT and they Remitted my 485 visa application to the department again for reconsideration.
    Last week the DIAC open my 485 visa application again and send me email that i do not satisfied the PIC 4020.
    Now i already have successful TRA skill assessment from that i won my case in MRT. i have all documents like statuary declaration, time sheets, snaps from the restaurant where i worked.
    Again DIAC is considering my485 file for PIC 4020 even after i won the case in MRT. I think DIAC is not giving importance to the MRT decision.

    Thanx in advance.

    • Immigration Pty Ltd

      Vin This should resolve itself but it is important that you respond to DIAC and make these points Stressing exactly what the MRT decided. I have had a case just today remitted from the MRT to DIAC and a response from DIAC that shows that they have not read the MRT decision just simply assumed what they thought the outcome must have been. Totally different to your situation but my point is sometimes DIAC seem to not see the obvious unless it is pointed out to them. It would be most unusual for DIAC to again refuse an application after a remit from the MRT but it does happen. Are you absolutely sure there is not more to your story that the MRT did not know and that DIAC may have been told or discovered? Grant Williams

      • Thanx for replying Grant
        Grant I have explain each and every aspect of my case when DIAC refused my file they must have send all the records to MRT or MRT office must have contacted the DIAC to obtain more information about my 485 visa application. But I am totally surprised with DIAC response towards my 485 application . How DIAC is not giving importance to a case that have already won in MRT. Please tell me how to convince them as I got all the required documents like Successful TRA skill assessment, time sheets and snaps during works n statuary declaration from my employer? Please suggest something

      • Thanks for replying Grant,
        Is it possible for an Australian graduate, who is an international student, to settle in QLD under the RSMS, if apply in november this year. Is there any EOI that might affect RSMS applicant if applied *onshore before 2013 january.

        Thanks in advance Grant

      • Immigration Pty Ltd

        Aly Yes its possible. No there is no EOI for the employment stream visas ENS / RSMS Grant Williams

      • Immigration Pty Ltd

        Vin You can only give them the information you’ve got. This seems very odd. If you have a migration agent representing you I’d be getting them to attempt to engage the case officer or even go well over that person’s head to someone senior to try to find out what is actually going on. If you don’t have a representative you should get one asap. Grant Williams

  52. Hello Grant I have query about de-facto relation. me and my girlfriend living together from last 3.5 years together in the same house in victoria. now we are going to apply 885 visa before dec 2012 so what kind of evidence do we need to show to immigration department to make a valid visa application or it’s better to register our relationship in Victorian registration authority as a domestic relationship and from when this relation would be consider count. Cheers

    • Immigration Pty Ltd

      Jolly
      Yes I’d register the realtionship and also provide a body of evidence that you are in a genuine realtionship. Statutory decl;arations from each of you and some from Australian friends.
      Grant Williams

  53. swathi swarup

    Hello Grant,
    Hoping you can clarify as I have heard mixed opinions. So I applied for a 485 visa in August 2010 and was granted the temporary residency visa on October 2011. I wish to apply for 885 visa so from what you’ve said I gather that I have till Dec 2012 to apply for this one? The only thing that is holding me back is that I am 5 points short which I can get through IELTS 8 band each. I am really close and have been losing by 0.5 in one or the other bands. but still trying.
    Also, my aunt is planning to get married and move to melbourne and she’s marrying a citizen so I believe she will receive her PR/citizenship soon. Does that mean she/her husband to be is eligible to sponsor me?

  54. Dear Grant,

    I worked with my current employer for 2 years and 2 months on sub class 457 and 1 month on sub class 856 (ENS PR Visa) since it was grant. Recently I’ve got a really good job offer, and I really want to move on, however when I myself have tried searching all possible issues which can be the subject for my visa to be revoked if I decided to leave my current employer, I’ve found so many rumor answers related to this topic which are unrealizable and it’s really hard for me to make a decision because I don’t want to get any trouble with visa cancellation.

    Some people said that:
    1. If an employee who is sponsored by his/her employer never starts his/her job or leaves after a short period (a few weeks after visa grant), it may be construed as VISA FRAUD and it’ll be a subject for the visa to be revoked. I have seen some people whose visa were revoked because of that issue”. However they haven’t been able to state exactly how long will be considered as a short period such as: 4 weeks, 10 weeks, 24 weeks,…etc

    2. If you decided to go with ENS you would probably have to stay with your employer at least 3 years since your visa grant. Refer to section 57 in the Form 47ES, where you declare, you agree to take this position up to 3 years. Therefore leaving the current employer can lead to the situation of fraud visa and it’ll be the subject for visa to be revoked.

    .3 Under Migration Law there is NO OBLIGATION for the employee to remain in the employment of the sponsoring employer. Not so long ago, an oil and gas industry engineering firm sponsored their CEO from 457 to 856 under a three years contract. A few weeks after the CEO obtained his 856 approval with waivers for Age, Skills assessment and English language requirement, the CEO resigned and set up his own company in competition with his sponsor. The sponsor explored all means to have his 856 visa cancelled. I wrote to the department on behalf of the sponsor, my client, and found DIAC has no provision to cancel the visa even though the three year employment contract, a material fact for the waiver and visa grant, was breached a few weeks after visa grant. There is nothing in Migration law that allows for visa cancellation even if the employee resigns a day after the visa grant. My advice is based on this actual incident. “http://forum.migrationhelp.com.au/archive/index.php/t-1200.html”

    So, is there any document from DIAC which attests to “I have to serve and how long do I have to serve the sponsor upon the visa 856 granting”, or is there any section of Immigration Law which states about this.

    I’m looking forward to hearing from you asap

    • Immigration Pty Ltd

      Nguyennx

      There is quite a lot of myth flying around about this situation. The position is in fact quite simple. No you don’t have to stay. There is no mandatory visa condition of employment on an ENS visa. Your employer declares that the position will be available for 3 years with no restrictions beyond that and you sign a declaration that says “I understand that if I am applying under ENS then I am agreeing to take up the position for at least 3 years.” However when your visa is issued there is no such condition on it. People who sign in the same spot for RSMS sign a much more restrictive declaration but that is because it’s much easier to get this visa and it’s easier as they are agreeing to live and work in a regional area.

      Yes you do sign this declaration but this is a commercial / civil law contract and DIAC cannot interpose a restriction on you in this manner once you are a PR. Think of it this way…circumstances often change eg. the GFC and you can bet your boots that your employer would let you go in a flash if it was commercially necessary for the business. In the same way you may decide that this place of employment is not for you for whatever reason – in your case a better offer and you are free to take up that offer. It may well be that your employer will have some civil action against for in relation to your contract of employment but that is not a visa or immigration matter.

      Let’s be clear if it could be demonstrated that you completely misled your employer and used them to get PR and had no intention of taking the position then a case could be made for immigration fraud and DIAC could move to cancel your visa. This is clearly not the situation in your case.

      This happens all the time and it’s mostly people getting a better offer/job.

      The important point is it is not a condition on your visa. Your visa has no employment restrictions.

      Grant Williams

      • Thanks for replying Grant. In regards to rsms 887, I have heard that there would be no difference b/w onshore and offshore applicants with effective from 1 july 12.
        Also, I’ll be graduating as an accounting student, still is it possible to get hold of rsms sponsor from an employer of a business there in regional qld. As he wants me to be a manager of.his store with an annual turnover of just 2 million aud.?
        Regards,
        Aly

      • Immigration Pty Ltd

        From the little bit you’ve told me I’d say you could be an RSMS applicant. Get some help to do this! Also read all the info on the DIAC website about the new post 1 July 2012 RSMS visa …it’s all there. Don’t listen to what people say. Grant Williams

  55. Dear Grant,

    I just would like to clarify something once and for good. In terms of the visa eligibility requirement to make a valid application for a subclass 885. The DIAC’s website states that there are several options, two of which are the following:
    - you must be on an eligible student visa; or
    - you must be on a bridging visa A or B, AFTER making an application for another substantive visa (for instance a subclass 485) AND you held an eligible visa within the last 6 months of making the application for the 885.

    Assuming that you satisfy all other requirements (points system, IELTS, and still within 6 months of completing your course etc, etc …) can you or can you not rely on the second option above to satisfy the visa eligibility requirement?

    The reason I am asking is that an allegedly “very experienced” immigration lawyer recently told me that it is not possible to do so and that “most of the information posted on the Department’s website is deceptive anyway”. However she was not able to refer me to any section of the act or any of the regulations. She made a vague reference to schedule 3 of the regulations, but the last time I checked I was NOT an unlawful non citizen! (seriously!). On the other hand, I spoke to two different officers of the DIAC (on different days and I wrote down their names and the day/time I called) who both confirmed that it is possible to use the second option and one of them also told me “we cannot give you legal advice but you might want to reconsider receiving advice from that agent”. So the question is … Who is right???

  56. Thanks for your fast reply, especially on a public holiday. Much appreciated.

  57. Good Day Grant, first of all thnx 4 ur last rply…I still have confusion about de-facto relation to register in Victorian authority. do they count from this month if i do register in this month or from last 3.5 yrs they gonna count it the time period ? also we living together and we have all the geniune proofs, bcoz we r planning to lodge in Dec 2012 so it would be only 6 month fron june 2012 legal certificate instead of 1 yr (Immi Requirement for defacto relation) so should we register ?
    My second question is that can we still apply till dec 2012 the 885 or not bcoz we were on student visa on 8th feb 2010 and right now we holding 485.
    Regards

    • Immigration Pty Ltd

      Jolly Yes DIAC are saying that 885 is open untiol end Dec 2012. Registration replaces the 12 month requirement. Grant Williams

  58. Hi grant , i really apperciate u r valuable efforts to help all of us . 

    A would like to know do i eligible for 457 visa , if i already have employer,who willing to sponsor me .  
    Here some of my details 
    I applied for 485 visa on 14-02-2012
    , still hold student visa expire in dec-2012. 
    Have 9 month part time experience with same employer . Looking forward for your valuable suggestion. 
    Thx

  59. Thnx 4 rply …so should We register our relation to Victoria authority ASAP or not bcoz anyway it will take 6 more month from dec 12 to open our file so it will be going to open in june 2013 so 1 yr requirement can be be complete ?
    Plz suggest us.

  60. Dear Grant.
    currently i am in 457 visa and ( since last year june) and in this coming august i will complete my 3yrs fulltime in my profession “chef” . is it possible to apply permanent residency in coming august ? And is any changes affect to me ? desperately waiting to hear from you . plz suggest me under which subclass i can apply for PR .

    with Regards
    Mack

    • Immigration Pty Ltd

      Mack
      Two things > Not enough info to answer your question and > how are you hoping to apply for PR?
      Sounds like you should be getting some good professional help to make your application.
      My Blog is not here to do application assessments. They nbeed to be done face to face.
      Grant Williams

  61. Hi grant
    I’m in 457 visa more then 18 month by this month however I applied rsms on Feb 2012 but still no result incase if rsms will rejected can I apply ens or not after 5 month it gonna b 2 years with same employer and she will nominate for sure there will b any changes on ielts or still 5 thanks

  62. Hi Grant

    Today just announced new pass mark is 60 for 3 catogeries visas??
    can u explain in brief how it works?? Mean At a time, points should be 60??

    suppose I have 50 pts, at present, Can I submit EOI in this 3 catogeries??

    Thnx

    • Immigration Pty Ltd

      No I have not even had a chance to read it yet you know more than I do right now. Grant Williams

  63. Hi Grant,

    I came across your blog just last night and read many blogs by you and your replies to the queries and could not stop reading until i felt like sleeping.So i was very impressed.
    I have a query which is that i applied for my wife’s offshore student visa on 25 may in 572 subclaas through a registered migration agent whereas i have applied for 485 here.The unfortunate thing was that we got the refusal letter on 12 june which stated that case officer refused the visa because applicant did not satisfied the regulation 572.223(1)(a) which is not a genuine temporary entrant.CO also defined that although student provided SOP but his concluding lines for the refusal were these-Whilst I accept and have placed weight on the fact that the applicant may wish to study in an English speaking environment, given the applicant has not investigated study options in her home country I cannot be satisfied.
    We accept that our SOP was not that influencing so i want to seek your advice in this case.Can we reapply with a more influencing and detailed SOP which could satisfy CO.As the course is going to start on 3 july so our MARA agent advised that we will take extension or deferment letter of 2-3 weeks from institute and reapply again.
    Please reply me ASAP.Seeking your advise will be very beneficially for me.

    Thanks and Regards
    Varinder

    • Immigration Pty Ltd

      Varinder
      Why don’t you just apply for a 485 visa for your wife as a subsequent entrant. Here I’m assuming you have told DIAC you are married when you lodged the 485. If you married after lodgeing the 485 that is also fine. I can see no reasi=on for your wife to come on a Student visa. Education Agents often favour this as they get a commission on the course from the college.
      Not your bets option.
      Grant Williams

      • Ok Grant i got married after lodging my 485 visa and its not decided yet too.Moreover she is interested to study here,So my query here is that as i told you reasons for my wife’s refusal so can we reapply with new SOP and an extension from institute.The reason sounded very silly and stupid to me for refusal.
        Thanks and Regards
        Varinder

      • Immigration Pty Ltd

        Varinder She can always reapply. The govt will be happy to keep taking your money. The real question is will they grant the visa? Once they have decided that she is not a genuine temporary entrant it will be very difficult to change their mind. You can try. Maybe better to wait until the 485 is granted and bring her then? Grant Williams

  64. hi
    just wanted a suggestion. I am currently at 70 points if i get statesponsorship in Wa (which i definatly would). my only problem is that i havent recieved my tr as yet. ive got a CO more than a month ago and have provided him with form 80 which he asked for a month ago. i have called immi to inquire the progress of my application but no response. I cannot understand what Is wrong. although iam sure i havent provided any fake or miss leading documents as my case is very simple. What can i ido… any suggestions.ive even told tham that i want to travel out of australia but i just waiting to be granted the visa so that i donot have to pay the cost of changing the bridging visa. and definatly this wud delay my application further… what can i do…

  65. Hi Grant,
    I want to know the requirements and processing time for 485 subsequent application for my wife.
    Thanks

    • Immigration Pty Ltd

      Varinder Of cousre you do but that’s not what the Blog is for. You need to get some professional help for this. I’m not here to list out all the criteria for visa applications or to do full assessments by Blog post. Time to spend a few dollars and get some professional face to face advice if you can’t do this research yourself. Grant Williams

      • Hi Grant,
        I really appriciate your quick response to the posts on this blog. Just a quick one. I have got my uncle (Mother’s brother) in Sydney and he is an Australian citizen. Will I be able to score the 10 points if he is ready to sponsor me.

        Thank you

      • Immigration Pty Ltd

        Varun Sponsor you for what visa? If its GSM No. That visa disappeared in July 2011. Gramt Williams

      • Ok thanks Grant really appreciate it.

  66. Hi,
    jus another question.I have done masters in international business from uni of wollongong sydney which was for one year. Then i did masters in accounting which was 1.5 years from perth.some of the courses were exempted in masters of accounting as i already did them at bachelors and masters in intl business Like economics statistics finance.my overall study is more than 2 years and is at the same level of masters.i think that both these skills are used together while you work as an accountant in a company anywhere in the world. Do you think these 2 masters degree are closely related and satisfy the 2 year study requirement. ive nominated my occupation as an accountant for 485 visa.

  67. Hi
    Just a quick question i have done Diploma in Commercial cookery,I lodged my TR in Dec 2009,so i fall under transitional arrangement i have 8 in Reading 8 speaking and 8 in lstening but 6 in writing. And as i have Natti certificate i ahve 5 point i am on 485 what can i do?Can i apply PR and then try scorng 7 each or ?

    Please reply

    • Immigration Pty Ltd

      Bhanu
      You must have your English score for points BEFORE you apply.
      Grant Williams

  68. Supposedly being a New Zealand citizen we get the ‘privilege’ of being able to live in Australia (Special Category 444) and apply for an offshore 175 visa – how exactly is this a benefit? In such situations as these I could definitely use the benefit of having an extra 6 months months time to prepare for an onshore 885 visa…

    • Immigration Pty Ltd

      Spej
      I don’t make the rules and you’re alot better off than many applicants. You rae allowed to saty as long as you want.
      Grant Williams

      • Very true. I guess my frustration stems from the predicament of my partner who has fewer options. Thanks.

  69. Hi Grant,
    I really appriciate your quick response to the posts on this blog. Just a quick one. I have got my uncle (Mother’s brother) in Sydney and he is an Australian citizen. Will I be able to score the 10 points if he is ready to sponsor me.

    Thank you

    • Immigration Pty Ltd

      No Sydney is not a regional area and that’s the only place that relatives can now sponsor from Grant Williams

      • I made a map of areas that are not part of the Regional Skilled Migration Scheme if you are interested. Everywhere else is I believe (though let me know if I have something wrong).

        http://goo.gl/D3hdL

  70. Hello Sir Williams,

    I am on BA. Am I eligible for RSMS or ENS, under direst entry stream ??? … I have got diploma in retail supervision and my employer is willing to sponser as a retail restaurant manager. and I am with my current regional employer from last 18 months.

    I am not sure if my qualification falls in skill level 1-3 . if not, my employer also holds labour agreement. Can I apply through Agreement Stream ??

    Please share your suggestions !!! Thank you

    • Immigration Pty Ltd

      Sammi
      My Blog is not here to make assessments for applicants. Under the new system you will be able to apply from a BVA. The rest you need to get checked out by a professional who can look at all your paperwork and at the occupation and skill level in ANZSCO. I will not do that here it takes way too long.
      Grant Williams

  71. Hello
    I was a student doing diploma in hospitality management in 2008(cook). I finished my studies Oct 2010 and applied for visa 485. I was granted visa 485 jan 2012. I am now finishing skill assessment as cook through the job ready program. I scored ielts 7 overall band. Am i eligible to apply for 885? Is it going to be in the current point test?

  72. Satvinder singh

    Hi

    I applied state nomination visa 487 in april 2010 last year. my occupation was welfare worker. i informed regional department ASAP i received my acknowledgement for the 487 visa. but they failed to send my details to Immigration department.

    And now few days before i called immigrations to know the status of my visa they said that my nomination is invalid, as regional department informed immigration about my nomination after 3rd march 2011.
    it means that after 3rd march 2011 welfare worker was not in NSW state regional sponsorship list. and

    But when i applied visa in 2010, regional department failed to provide immigrations form 1100 on time. due to their lateness now i have to suffer.
    i have to now ask them for off-list nomination. for which i have to live and work in regional area before the visa grant to again get a off-list nomination. and the off-list nomination is not guaranteed. If i get off-list nomination i have to apply a new case and pay the fee again.

    please advise me. i don’t know what to do.

    Please helppp

    • Immigration Pty Ltd

      Satvinder
      There is no fix for this problem. The off list application seems a viable option. There are a large number of people in this position – I heard a figure of 1200 who did not have 1100 forms with their applications. DIAC have just started to clen them all out of the system. Due to the huge time lag there is nothing that can be done esp if the occupation in no longer on the list
      Grant Williams

      • Satvinder singh

        Thanx for replying grant.. I have few questions i hope u might know.. 1. Who is responsible for this.     2. Nobody consulting me either regional office, my agent, immigration they just pointing each other.                                      4. Where to report about this.     5.my agent saying if DIAC refuse  visa we ll go to MRT nd we will definately win. Is this true?

      • Immigration Pty Ltd

        Satvinder Basically DIAC will say you are responsible – that’s the actual legal position as it was your application. To get anywhere else you will need to prove that someone actually did not do what they said they would do be that the agent or the State body. You can report the agent to http://www.mara.gov.au if you feel you have proof. f you don’t it is a waste of time. As to winning at the MRT I can see no basis for this opinion. If DIAC refuse due to no 1100 form. The MRT must do the same. No form submitted still means no d=form submitted. Sounds like someone trying to cover up a mistake and hoping you’ll just go away to me. Grant Williams

      • Satvinder singh

        Thank you grant.

  73. Hi Grant,

    Just a quick question. I have lodged an application for a sub-class 885 (just myself/superior english/no dependents) last week and paid the first instalment. Do I still need to pay the $4,110 second instalment in order to get the grant of the visa; and if so, when?

  74. Hi there,
    I have one question please give me solution,
    I am in Australia on my temporary visa 485,My wife is in India and I got her 485 (spouse) visa approved. but after her visa get approved she gave birth to a baby,
    now I want to know that do I need to apply a separate visa for my child to bring her in Australia or baby can travel on her parents visa? Baby is only 2 months old.
    A quick response will be highly appreciated.
    Regards
    Jassi

    • Immigration Pty Ltd

      Jassi
      You need to contact DIAC and inform them of the birth and ask for the child to be included. They will tell you what they want you to do.
      Grant Williams

  75. Dibu Poudyal

    Hello Grant,
    The Points test for the new skillselect sets 15 points for a bachelor level Educational qualification as mentioned in this link.
    http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-tested-migration-fact-sheet.pdf
    My question to you is:
    1) Does it necessarily have to be a bachelor of honors and does it have to be a bachelors of honors from a accredited course WITHIN Australia ? Or it could be simply a bachelor degree (without honors) of the same standards from overseas ?
    If a normal bachelor degree from overseas does not suffice, will an additional ONE year masters degree acquired within Australia fulfill the requirement ? As far as my knowledge is concerened, you need at least 2 years of australian study to be eligible for any australian education to be considered for the points test. Please enlighten.
    Another question to you is :
    Will submitting the EOI under the new Skillselect category potentially jeopardize a candidate’s chances thereafter of attaining any visa that requires an intention to return, such as tourist visa or the student visa. Does the immigration office possess the right to cross check my EOI and raise questions in the event I should apply for a student visa ?
    Thanks

    • Immigration Pty Ltd

      Dibu
      The points are for a degree equivalent to an AQF bachelor or higher degree. Yes I think the masters will also work. You need to check the bachelor against the Country Education Profile for your country. Before you ask me to do,that on the Blog the answer is no as it requires a subscription to either your country profile or the regional profile – all expensive. You can subscribe.
      Yes of course DIAC can cross check. Yes it will have an impact.
      Grant Williams

  76. HI Grant,
    I m working as a cook from last 2.5 years and studying Bachlor In professional Accounging will finsih on this July.Is there any possible way to apply for TR or PR from Cook .what are the option do i have? any better suggestion. What happen if i find any sponser for cook?is there any option from it.
    Thanks

    • Immigration Pty Ltd

      Sunny
      As you obviously know cook is not on the occupations list so it’s out for GSM. Employment is the only option however you must have qualifications in this field even for regional applications. No magic solution.
      Grant Williams

  77. My name is divya, recently I finished my 2 yr masters in Australia. How ever I have no experience at all in my field. I have also applied for my 485 visa. So I recently heard news that 189 visa points are dropped to 60. So I wanted to know. If I can apply for 189 visa after I get my 485 visa.

    • Immigration Pty Ltd

      Divya
      Yes you can and you can lodge an EOI in the new system immediately (when the system starts that is) while on the BV for the 485.
      Grant Williams

  78. Dear Grant,

    I read all the comments you have written and I would like to thank you that you spent so much time to answer all those questions.

    My question to you is at the moment I have 65 points and I am still in the 6 month frame after my completion letter date and I will be able to use both the old system (885) or the new skillselect system (189). In skillselect the pass mark will be 60 and the old system will still remain same which is 65 and I have enough points for both system. What I am wondering is would I be better off by using the old system to apply for PR or the new system?
    Thanks.

    Regards

    Baris

    P.S: I did some research about how to get a letter of offer and how long it would take to get one and etc. but unfortunately there was not enough information about it.

    • Immigration Pty Ltd

      Baris
      I’d make an old system application immediately. You can do both so when the new ssytem statrat you can lodge an EOI any time.
      Grant Williams

  79. Hi,
    I am on 485 ending Nov 2013. Currently am with 55 points and my professional year program will end in nov 2012. So i will have 60 points. Is it advisable to apply EOI as soon as PYP finishes? Or should i wait to get more points? (i get 5 points for turning 25 years in aug 2013). I have this question as selection will be based on ranking.

    Kind Regards
    Dev

    • Immigration Pty Ltd

      Dev The system has not even started yet so it is really difficult to comment on how it may work in reality. However the EOIs are sorted by points so more will be better than less. Why not put in an EOI now and then another when you have more points…you can lodge multiple EOIs. Grant Williams

  80. Hi Grant,

    Just a question with regards to my case. I am really confused with what option to go for ?

    - I am a transitional applicant.
    - My visa expires on the 6 july next month.
    - Did my master of business (Marketing) – with 6 months relevant exp.
    - Have got the band score of 8 in each in Ielts.

    If I am not wrong I can qualify the new point system (65/70) but cannot qualify the older one(120/110). And also I am confused with the EOI, will it be applicable on my case from the 1st or the 6th of july.

    Will highly appreciate your help in this matter

    Kind regards,
    Dally

    • Immigration Pty Ltd

      Dally It’s hard to offer an opinion – you say you are transitional but there are two types of transitional applicant which one are you. You are suggesting you are transitional for PR (points test questions) but what visa did you hold on 8 February 2010? Grant Williams

      • Sorry Grant, I applied for 485 and was on bridging visa on feb 8th. 2010

        Thanks
        Dally

      • Immigration Pty Ltd

        Dally Yes you are PR transitional but transitional only applies to the old system Why not just apply under the new system now? Grant Williams

  81. Dibu Poudyal

    Dear grant,
    Sorry for this off the topic question from Nepal. Do you know if DIAC in general will be notified automatically if I apply to a body (eg. to Engineers Australia ) in Australia for my Skills assessment ? I’m thinking this might have an impact on my student visa application. There’s no way I will be lodging my EOI before I have my student visa in my hands, to avoid any questioning from the DIAC. But I want to have my skills assessed at least asap. Thanks.

    • Immigration Pty Ltd

      No DIAC do not receive any such notification as far as I am aware. Grant Williams

  82. Hello Mr Williams,

    i have applied for my 886 visa on 13th june 2012 as i managed to get a score of 65 after 5 points from WA State sponsorship approval. As my State sponsorship condition says that i have to stay and work only in WA for the next 2 years, I would like to know if its a better idea to apply for EOI after 1st july 2012 so i can work in other states too. i am an Undergrad Electronics Engineer and my course is in SOL. What visa would i be eligible for if i dont go with the state sponsorship but still be able to get PR in the new permanent visa criteria.

    • Immigration Pty Ltd

      Mustafa
      These are separate applications if you get the 886 you are bound by its conditions. If you make an EOI and then get an invitation and then get the visa you are free to go where ever you want. Hard to comment on the new system until we actually see it in operation.
      Yes you need both forms.
      Grant Williams

  83. Dear Mr. Williams,

    one more query, my friends told me to fill in form 80 and 1221 with my 886 visa application. i havent received any replies from the DIAC, have filled the form 80 but dont find 1221 anywhere on the website. should i wait for the DIAC to reply? or just attach the form 80 ??

    kind regards

    Mustafa

  84. Hi Grant,
    I m currently holding 573 visa for higher education,is there any chance to apply 457 visa ? what are the eligibility to get this visa.
    Kind regards
    sunny

    • Immigration Pty Ltd

      Sunny All this information is on the DIAC website I really don’t have the time to sit here typing all that out for you it would take hours as it is very complicated. This is not why this Blog is here. If you need this type of advice find a good professional agent and get an appointment. Grant Williams

  85. Hi Grant
    I am currently holding visa 485, and recently I got 7 or above in each band in IELTS exam, which makes me eligible to apply for PR. But I am confused whether or not my spouse needs to give IELTS exam to prove the functional English Requirement as per immigration.

    She was doing Diploma in Business Management before she got the dependent visa for about 14 months, for which she got Certificate III. As per immigration “evidence that you have completed at least one year of full time study in Australia towards a degree or diploma qualification with all instruction conducted in English”.

    Does this mean she needed to have diploma or certificate III is enough as it included about 14 months of study in Australia or she needs to sit for IELTS exam

    Thanking you in advance

    Sooraj

  86. Thank you Mr. Williams

    Appreciate it. Keep up the good work

  87. Hi Grant,
    I hold 485 visa currently, and got IELTS 7 in each. Can you please advise how to apply through state sponsorship? I have skill assessment as a General Accountant. Do I need Accounting experience or not for applying state sponsorship? I have no knowledge about sponsorship procedure.So any guidance would be very helpful.

    Thanks,
    Catherine

    • Immigration Pty Ltd

      Catherine
      This is not why my Blog is here. There are 7 different staes and territories all have different rules for application. You need to go and get some paid professional help. It would take hours to answer this question and I just don’t have the time. Sorry.
      Grant Williams

  88. Hello William,
    I am Tij, I have just finished my Bachelor in Professional accounting(30/6/12) but I have got student visa until 15/03/13. And I am ready to apply TR( Got 6 in each band). My question is: Do I still have work limitations of 20 hours per week until my student visa expires despite of the process of TR lodgement? And do i have to continue my study until my student visa expires?

    However, my wife will be finishing her Bachelor in nursing by the end of this year. She is on her own student visa. We have already registered our marriage with immigration. We are planning to apply PR, Can you please recommend us which process is beneficial for us and which way to go?
    Much appreciated for your help.

    Regards
    Chhitij

    • Immigration Pty Ltd

      Tij
      If you have finished your primary course DIAC seem to be allowing you to stay on the Student visa and wait for the 485. Seems wrong to me but that’s what’s happening.
      Two different applications. Up to you. Many people do both.
      Grant Williams

  89. Hi Mr. Grant
    actually i have applied for my TR on 30 sept 2008 and being granted on 25 jun 2010 and now on 24 dec 2011 i have applied for PR 885 with IELTS score of 5.5 each.
    now question is some of the agents said that i have get 6 each in IELTS and some of them said i dont need because my file is in old rules.
    please tell me what is the fact.
    regards
    Gurmeet

  90. Simon Vuong

    Hi Grant,

    Thank you for your informative and succinct post in regards to the extension for application of 885

    I’m currently holding my temporary working visa 485, which will be expired on August, 2013. I also already obtained a “Temporary Skilled Assessment” from VETASSES as a Chemist. In October 2012, I would be qualified for the pass mark 65 as I will gain 1 year full time work experience and this job is purely relevant to my skilled occupation. Yes, 3 more months. The new SOL, however, does give me headache as my Skilled Occupation, Chemist, is REMOVED.

    My question is that if I am able to lodge applications up to 31 December 2012, using the OLD system, would I still be able to follow the old SOL, which my Skill as Chemist remained safely ?

    Thank you Grant and have a great day

    Best Regards

    Simon

    • Immigration Pty Ltd

      Simon What visa were you on on 8 Feb 2010?
      Grant Williams

      • Simon Vuong

        Hi Grant,

        Thank you for your reply. I belive I was holding a Student Visa on 8th February 2010

        Thank you and regards
        Simon

      • Immigration Pty Ltd

        Hi Simon this means you were transitional for 485 only so PR application is new SOL and points tewst.
        Grant Williams

      • Immigration Pty Ltd

        Then you are transitional for 485 only Any further application is new SOL and Points Test. Grant Williams

  91. Mohit Dutta

    hi grant
    i am holding a student visa 572 which will be expired on 15 march 2013 but my study is finished on 31 may 2012.my question is: i am going to apply tr in 485 visa in august 2012 so now do i have to study until the student visa finishes and if not then will i get fulltime workrights…?
    regards
    mohit

    • Immigration Pty Ltd

      Mohit
      If you’ve finished the courses you signed up for DIAC seem to be letting you sit on the Student visa till the 485 is granted. You’d be out of session and able to work. Seems odd to me but that’s what they are doing.
      Grant Williams

  92. Angelica Rojas

    Dear Grant,
    I hold an student visa (573) which expires on the 30 of August, my main intention is to apply for the 885 GSM as soon as possible, however, I have some time-frame concerns.

    1. I am about to finish a Master of Architecture
    2. the university will give me the certificate on the 10 of August
    3. Then I will apply for verification of Australian qualification under the relevant authority (this is a valid degree by the AACA)
    4. the verification takes about 4 weeks (7 of September) this is the only extra document that I need to comply with all the requirements for the 885

    the main question is Do I need to apply for the visa 485 while I am waiting for the verification of skills assessment? or Should I apply for the 885 while I am waiting for the AACA answer .

    Does the 885 give some days to complete all the documentation ( like student visas or graduate visas)

    Please advice,

    Thanks in advance,

    Angelica

    • Immigration Pty Ltd

      Angelica
      If your visa (573) runs out you are unlawful.
      You must have the skills assessment to be able to apply validly.
      Sounds like you must make the 485 and then the 885 to ensure you have the BVA
      GW

  93. Hi Mr. Grant
    actually i have applied for my TR on 30 sept 2008 and being granted on 25 jun 2010 and now on 24 dec 2011 i have applied for PR 885 with IELTS score of 5.5 each.
    now question is some of the agents said that i have to get 6 each in IELTS and some of them said i dont need because my file is in old rules.
    please tell me what is the fact.
    regards
    Gurmeet

  94. Hi Mr. Grant,

    I am currently holding a student visa and my final result will be released on 16th of July. I am planning to apply for a visa subclass 485 (tenporary residence). I am just woderingwhat is the due date for me to lodge my online application? And also i am a bit confused ICAA requires me to supply the academic awards but i will not be able to have it until tge graduation ceremony which is 3 month(End of September) from now so does it mean i can’t lodge my skill of assessment application to ICAA before the graduation ceremony? Thank you

    • Immigration Pty Ltd

      Sally
      Awards does not mean the actual degree testamur it means the evidence that you have been awarded the degree so an official transcript and completion letter will be fine. You have 6 months from the date of completion to apply.
      GW

  95. Hi
    This is Sam. I am currently studying bachelor in nursing, will be finishing on november 2012. I am planning to lodge ENS after my study. Can you please reply me if any organisation will be eligible to give me ENS as soon as I finish my study. I have heard that I need to have previous experience with same employer for a year before we apply for ENS? Is it true?
    Thank you.

    • Immigration Pty Ltd

      Sam
      This system for students is no longer available as the old exceptional circumstances exemption to 3 years recent work experience for students in ENS ceased son 30 June 2012. You will have to either go for GSM Skill Select OI or get a TR 457 sponsor and then go for ENS in 2 years time.
      GW

  96. Hi Mr. Grant
    actually i have applied for my TR on 30 sept 2008 and being granted on 25 jun 2010 and now on 24 dec 2011 i have applied for PR 885 with IELTS score of 5.5 each.
    now question is some of the agents said that i have to get 6 each in IELTS and some of them said i dont need because my file is in old rules.
    please tell me what is the fact.
    regards
    Gurmeet

  97. Dear Mr. Williams,

    I find your website is really helpful ! thank you for that , and I’ve several questions that i need to ask to you.
    I will explain my case briefly here :
    1) Currently I’m holding student visa, and it will be expired until 30th of August 2012 (which is in less than 2 months)
    2) I’ve already got my result (final result from Uni) on 29th of June 2012 (a few days ago)
    3) My passport is valid until October 2013.
    4) I want to apply for temporary resident (subclass 485)

    My questions :
    1) What is the latest date that i have to lodge my TR application ?, considering about my student visa that will be expired soon
    2) If my result was released from 29th of June 2012, i’ve heard that i have to lodge within 28 days after the result is released, if not i will be in trouble. But on the other hand, i have read from immi.gov , we have 6 months from the day the result is released to apply . Which one is correct?
    3) I have read from Immi.gov about passport issue, that to apply temporary resident visa my passport has to be valid at least 2 years, is that right? whereas in my case my passport will be expired next year.
    4) in ICAA application, i’ve read that we have to provide “Original certified copy of degree certificate” as one of the requirements. But my degree certificate will be issued on my graduation date (which is on september 2012 , after my student visa is expired). I can not request my certificate earlier. Therefore, is it ok if give my “Completion letter” instead of degree certificate ?

    Thank you so much for your help, prompt response will be highly appreaciated.

    Kind regards,
    Vanessa

    • Immigration Pty Ltd

      Vanesa
      1. Before your visa expires
      2. 6 months application window.
      3. You just need to get a new passport before the old one expires. Your current passport is fine.
      4. Certified copy of completion letter and academic transcript will do the job.
      GW

  98. Marie Perera

    Dear Grant, I sponsered my nephew for a Advanced Diploma Course and later Degree in Hospitality management. After completing his Degree he applied for PR in feb 2009. 886 Family sponsered. Upto now he has not heard anything from DIAC. At the moment he is on a bridging visa.Why are they delaying the PR?
    Thanks
    Marie

    • Immigration Pty Ltd

      Marie He is the lowest level for priority processing I’m sure he knows all about it as DIASC will ahve sent him emails. Grant Williams

  99. hi Grant,
    What happens if PR application is refused? Can the applicant go for another visa or apply for PR again after accumulating necessary points?
    Thanks!

    • Immigration Pty Ltd

      Saurav
      What PR visa? There are many different types.
      Are you onshore or offshore?
      GW

      • I am onshore, planning to apply for 885, have to rely on work experience for 5 points due to age. I have been working as an Accounts Clerk for 1 year and not sure if it is ‘ closely related occupation ‘ to accounting. Confused to whether move ahead or not.
        What if I apply 885 and then DIAC doesn’t recognise my work experience??
        Please advise!

  100. Hi Grant,
    A general question here. I know of 2 people who got their 885 approved in 1 month, one was in 2010 and one just recently. Just wondering, are 885 applications not processed in order of date of lodgement? Why do some people wait for more than 12 months and some get theirs approved so quickly? Does it depend on their occupation or some other factors or is it random? Thanks, Cheryl.

    • Immigration Pty Ltd

      Cheryl Don’t always believe what people tell you most don’t tell all of the truth. However it always depends on the quality of the application and what other checks internal and external may be required. Security, checking claimed points for work experience. Every application is different so they different times. DIAC don’t believe anything you tell them and they check everything back to its source. So no it’s not random no system could possibly work that way! GW

      • Hi Grant,
        I have two questions in regards to the 885 visa

        1. If I lodge my electronic application say today, do I have 28 days to complete and upload all my documents?

        2. If I have overseas experience for more than 5 years closely related to my occupation – Architect- how I need to prove that overseas experience- are the certification letters from my Employers enough (including my job-description) or what kind of extra documents I will need to submit to the DIAC so that they can make sure that my experience is genuine)
        Thank you for your advice,

        Angelica

      • Immigration Pty Ltd

        Angelica
        This is a question I never understand and it is often asked. If you have all the criteria met, skills assesed IELTS etc etc… you must have the documents for them – why would you not upload them at the time of application? If you’re waiting for a translation or something like that and you can’t wait (visa expiring) then do it later but you can’t apply and then upload docs required at time of application later unless thay have dates prior to the date of application.
        DIAC will check all your experience at source. So if you are provideing work references make sure they are dated, signed and the name of the signatory is clearly avaialble on the letter, they are on letterhead with contact address and phone numbers and most importantly tell the employers that they will be contacted so they don’t go …Who?
        GW

  101. Hi Grant,

    I held Sub Class Visa 573 on 8th Feb 2010.
    My Sub Class Visa 573 was valid till Sept 2010.
    I Just did one semester (4 months) in Australia and graduated in July 2009.
    I left Australia after my graduation.

    So i just want to know if i can apply for Skilled – Graduate (Temporary) visa (Sub Class 485) through Transitional Arrangements.

    Kind regards,
    GSM

    • Immigration Pty Ltd

      GSM
      If you are saying you did not complete your study in Australia. NO you are not eligible.
      GW

      • Hi Grant,

        I will explain my situation again. I guess there was some confusion.

        I came to Australia for my last semester, and graduated in Australia.
        So I did complete my study in Australia.
        My stay in Australia was for 4 months.
        I left Australia in July 2009 but my student Visa 573 was valid on Sept 2010.

        So do I qualify for Transitional Arrangement?

      • Immigration Pty Ltd

        gsm
        No YUou must meet the Australian Study Requirement wich is 2 years (92 CRICOS accredited weeks) of study in Australia to be eligible to apply onshore.
        GW

  102. Hi Grant. Do you have an idea about how long does it take to get a 485 visa granted after case officer allocation. Ive got my CO 2 months ago and have not recieved a decision on my application uptill now. Everything in my application is genuine. i was asked to provide form 80 which i gave them the next day and now its 2 months. The CO says that they r still undergoing routine background checks. I cannot apply for pr unless i donot get this visa 485. My nationality is Pakistani. Maybe thats the reason for the delay..

    • Immigration Pty Ltd

      Abraham
      Background checks for Pakistani citizens can take many months. I’ve seen them take 6 months recently.
      GW

      • Thanks for the quick response.
        Q1 another question is that I have applied in the skills select for 189 visa on 1st july. My points are 65 which is above the threshold points. My occupation is accountant. If I get selected ( Which is highly unlikely that I wud be selected), will that effect my 485 visa processing and security check.
        Q2 if i travel out of australia while having the background checks being done, will this effect my 485 visa processing.

      • Immigration Pty Ltd

        Abraham 1. No 2. No but they will only grant the BVB if they feel they will not be able to grant your visa during the time you propose to travel. GW

  103. I did my last semester in Australia. Therefore my B.Com was completed in Australia.
    I was studying in University of Wollongong in Dubai and then transferred to University of Wollongong in Wollongong (Australia). So i got my Degree in Australia.
    So am i eligible for transitional Arrangement?

  104. Hi Mr GW,
    I have a query regarding the application, that is about education. i have completed my 2 years masters degree in Australia and have it assessed by Institute of Charter Accountants. I did my Bachelors degree from my home country and passed with a second division, which I was advised that it is equivalent to advance diploma only and i will not be eligible to apply for PR despite having completed my masters degree. Is this true?
    would be grateful if you could clarify me.

    • It is actually to claim 15 points for education. i would only be able to claim 10, which i think is not what should be.

    • Immigration Pty Ltd

      Sooraj
      The Masters degree meets the points requirement.
      GW

  105. hi grant
    i will apply 885 visa via online. i am transitional applicant. i have fulfilled all requirements. any way definitely i have to provide all evidence related skilled work experience where i will claim point. i am doing two jobs .one is relation with my skill & education and another has no relation with my skill.My question is do i have to provide details from my other job which has no relation with my skill and education when i will apply for 885 visa.could u pls reply. thanks.

  106. Hi Grant,
    Thanks for providing us with such a wonderful platform.
    I am working as an accounts clerk for 1 + year and planning to claim points for work experience.
    My first question is- does accounts clerk come under closely related job to accounting?
    And the second- what if DIAC refused to award point for work experience? Can I still apply for pr 885 next time ? I am on 485 and it is valid for next year December.
    Please advise.

    • Immigration Pty Ltd

      Saurav No it does not. Much lower skill level. Yes you can apply again and again I stress this work expereince will not fly! GW