The MRT Option & realistic processing times?

When DIAC cancels a visa onshore or refuses an application (onshore visa applicants, sponsored visa applicants, business sponsorships or nominations) the cancellation or refusal letter gives the option of making an application to the Migration Review Tribunal (MRT) for an independent review of the decision. This review will be made by the MRT on the basis of exactly the same laws that DIAC applied however this is an opportunity to look again at the ‘merits’ of the case.

Sometimes DIAC case officers make errors (they are only human), often it is a mater of interpretation or a simple dispute involving a factual matter, it may be the application of a discretion that was not exercised by DIAC, or a DIAC policy position that is up for consideration. Often in application criteria there are subjective matters – Is it a genuine relationship? Is the applicant a genuine student or visitor? What is meant by an overall successful business career? There are many examples of decisions that require an individual case officer to go one way or the other on the basis of their assessment of the evidence before them. The point here is that a cancellation or a refusal may not be wholly objective and there is often ample room for alternative interpretation.

This is a good system.

Generally applications are dealt with by the MRT in chronological order of valid application (there are strict time limits for making review applications which, in almost all cases, cannot be altered) however some applications do get priority. In terms of priority some applicants have a legislative priority – for example protection visa refusals must be heard within 90 days. Others can request priority (this is a discretion) and here the MRT has guidelines – an applicant or their representative makes a request and your either get it or you do not – it’s up to the MRT.

There would seem to be a significant difference in the time to get an MRT decision between the Principal Registry in Sydney and the Melbourne Registry with the Sydney Registry having by far the longer time between application and decision. On the MRT/RRT website they have a calculator which gives you an idea of how long you may wait for a decision. Like all similar calculators this is built on qualifications and historical data. It looks at the previous 6 months of decisions and suggests it has a 70% likelihood of actually being an accurate prediction.

It tells us that if you lodge a review application today for a…

  • Family visa refusal you’ll wait 1 year
  • Partner refusal you’ll wait 8 months
  • Protection visa refusal you’ll have a decision in August 2011 (the 3 months already mentioned above)
  • Skilled linked refusal (GSM) 8 months
  • Temporary Business visa refusal 2 years
  • Student visa refusal 16 months

Now I assume these are average figures between Sydney & Melbourne as I have seen quite a few examples in Sydney that have run well beyond these predictions – perhaps they fall into the 30% outside the calculator parameters? Whichever way you chose to look at these figures the turn around is slow.

So what’s the problem? Generally the answer is very simple – too many applications for review – not enough resources.

I note that applicants for Humanitarian/Refugee/Protection visas have their own separate tribunal the Refugee Review Tribunal (RRT). The two bodies live under one umbrella and in here there is a significant problem that is the point of this article!

In Sydney (can’t say for Melbourne I’m not there) the problem for non-humanitarian applicants to the MRT are the very large numbers of RRT cases before the RRT. The MRT & RRT share Presiding Members and the RRT cases get priority (90 days) and hence MRT Members get allocated to these priority RRT cases and everyone else gets to wait.

A recent example saw a Student who’d waited 18months to get a hearing on a Student visa refusal come second in a race with only two starters. There was no question that she was in the right it was a no contest. She’d finished a Bachelor degree (in her home country), a Masters degree (in Australia) and then to stay enrolled a Diploma and an Advanced Diploma while DIAC (1 year to process and then refuse incorrectly) and then the MRT (18 months) deliberated. In the end she’d totally run out of study options in her area for which she could get a Confirmation of Enrolment (CoE). No CoE meant the MRT could not remit the application to DIAC so effectively she lost the application for review.  She was asked if there was not some CoE she could get so that the MRT could help her out. There were apologies for the long wait and the explanation about the RRT cases.

This is crazy – Merits Review? I don’t think so. An obvious error goes uncorrected. The Federal government gets to keep an application fee to which they are not entitled and the only option offered is go and get a ‘some’ CoE to solve the problem and allow the MRT to remit the case to DIAC.

The MRT / RRT are clearly not resourced at a level that allows them to properly discharge their responsibilities. This is not their fault. The fault sits very simply with the Federal Government. Is this yet another example of slowing down the system by the application of administrative constipation?

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765 responses to “The MRT Option & realistic processing times?

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  4. Dear Sir/Madam

    Please I need your help I have destroyed myself badly. I need to regather myself now so please do help me through guidance. I have strange educational gaps when I look back I just feel I am a loser. The details are as follows;

    Matriculation 1997
    CAT – Certified Accounting Technician UK (August 2000 to August 2002)
    ACCA – 6 papers passed ( August 2002 to Date) (Still doing)
    A-Levels – University of Cambridge (2005)
    Certified Financial Consultant – May 2011 – Canada
    IELTS – October 2010 – 7.0 Band

    I am working from May 2004 to Date as a full time employee and having around 7 years of true experience till now with 3 employers.

    I have got offer for admission in MBA and MPA in 2 different institutes in Australia.

    Please guide me can I get the student visa for Australia? Should I apply for the VISA on the basis of my study history?

    Please its a request, do guide me and suggest me should I apply or not and if I apply what would be my chances of getting the visa?

    Please if possible guide me through email: bluestox@gmail.com

    With great regards!

    • immigrationptyltd

      Thank you for your comment / request.
      I think it is best if I reply privately via your email.

      Grant Williams

  5. Dear Sir,
    i have applied my case in Migration Review Tribunal (MRT). this Time. can i know now what is my visa status at this time. in which visa . bec. when i come australia then my visa is 573 student visa. and i applied my case for extension but my case is refused then i again apply in Migration Review Tribunal (MRT). visa . Now i want to know what is my visa status please reply me sir.

    • immigrationptyltd

      Dear Puneet
      You had a 573 then appled for a new student visa and this application was refused. I assume therefore that your initial 573 visa had expired by the time DIAC refused your new student application. After DIAC refusal you applied to the MRT for a review of this decision. Provided your 573 visa was still valid when you applied for a new student visa you would have been granted a Bridging Visa A (WA010). This visa would have rreplaced your 573 visa at the moment it expired and it will stay in place until you have exhausted your available review optons. So unless there is more to your story than you have told me it would appear that you are now on a BVA. This will have the same conditions as your 573 visa.
      I suggest you gonto the VEVO section of the DIAC website, register and then you will be able to check your visa situation online.
      If there is more to your story you can let me know and I’ll follow it up with you.
      Grant Williams

  6. Hello sir

    My name is Gurkirat Singh D.O.B- 08/01/1986

    I have received the Decision record for my visa application on 27th June 2011. According to the mail my application for visa extension is refused and the reason for refusal provided is that i haven’t satisfied the English requirements.

    As i have submitted all the documents that is required to satisfy my English requirements. In the mail sent on 11th April 2011 i have attached certificate III and a letter from the institute (Visa letter) which clearly indicates that i have completed a substantial part of Diploma of Management. On the day i have completed 6 units out of a total of 8 units of Diploma which is around 75% of the course.

    During the processing of the application case officer never asked me about providing any document regarding English

    She advised me that either i can email and show my concern regarding the decision or i have to apply for MRT.

    • Immigration Pty Ltd

      Dear Gurkirat

      It is difficult for me to make a meaningful comment on your situation without all the facts. To be responsible I’d need to see the documents you sent to DIAC and also their refusal letter. You do not indicate what visa you applied for (there is not such thing as a visa extension) – I assume from the context that the application was for a futher Student visa.
      If you’d like me to have a look at your options you can contact me via email
      immigrationptyltd@gmail.com or phone 02 92114694 or 0430351877

      Grant Williams

  7. Hello Grant,
    i am pleased to hear from you.well i had applied for my student visa.as i told the whole matter,i got refusal on my student visa.Can tou please tell me if i go for MRT how long it would take to make a decision in my case.and what type of visa i will get after i will apply for MRT.

    thanks gurkirat

  8. Hello Grant,
    i am pleased to hear from you. i had applied for my student visa.as i told the whole matter,i got refusal on my student visa.Can tou please tell me if i go for MRT how long it would take to make a decision in my case.and what type of visa i will get after i will apply for MRT.

    thanks gurkirat

  9. Hi Sir,

    I have done bachelor of business (Accounting) in Australia and had applied for student visa extension to study my master. I was under the impression that as i have done my Bachelor of Accounting, i do not need to attach my IELTS result of 6.0 each. However, latter i had received a email from immigration that my visa got refused due to the fact that i had not attached my IELTS result. After going through the email, i realized that i have forgot to attach my letter of completion. In addition to it, I also i have 6.0 each in IELTS exam before the lodgment of the application and the score is still valid. now, i am going to apply for MRT. I just want to ask what would be my MRT result likely to be?

    Kind Regards,
    Tushar Khanna

    • Immigration Pty Ltd

      Dear Tushar
      From the information you provide you should get a favourable outcome at the MRT. It will however take more then 12 months on current waiting times and it is important that you continue to study as normal while on your Bridging visa. Also the MRT can only give you back your Student visa if you have a current COE at the time they make their decision.
      Grant Williams

  10. hello sir this is binita. i was studying here in melbourne for 2 yrs and i lodged my visa for extension for bachelors in accounting and it got refused. now i am planning to logde MRT. i want to ask you that can i study and work and travel during this time span???and if i study will i be able to collect my certificates of completion even if the MRT is not in my favour???…i am so tensed… i dont want to return home without any qualification in my hand…
    thankyou

    • Immigration Pty Ltd

      Dear Binta
      I assume you are now on a Bridging Visa A that was granted when you lodged your new student application and your previous student visa expired. Provided you lodge your MRT application for review validly within the required time period you will remain on the BVA throughout this process which may take up to 18 months on current waiting times.May be less in melbourne than currently in Sydney. You most certainly can continue to study your chosen course throughout this time. If you seek to travel you must apply for a Briding Visa B which is essentially a BVA for travel. There is an application from and fee and you must have a substantial reason for travel but in reality any good reason other than perhaps a holiday in Tahiti will do. A wedding, a family occassion. The BVB is granted for a specific period (often 3 months) and you must be back before it expires. Normally if you’re at the MRT you should inform them that you have been granted a BVB and that you will be o/s for the period of the visa. Keeps them in the loop. Yes you will be eligible to graduate from any course you complete during this period no matter what the MRT outcome.
      Grant Williams

  11. Sir Grant,

    I am very glad that you are helping people who are in confusion. I am highly thankful that you replied to my post about MRT case of visa extension.
    Sir, I have few more doubts. As knowing from the fact that MRT cases are sky rocketed and there is much delays expected for the case review. FFirstly, Suppose, I have finished my studies in that span of time and then does my visa extension decision matters to MRT? Secondly, if i get favourable outcome then shall i be provided with some time to lodge an other application which leads to residency after the MRT result of my case

    With Kind regards,
    Tushar Khanna

    • Immigration Pty Ltd

      Dear Tushar
      Yes there are significant delays and this does have implications for review applicants who finish their studies, as you suggest, before their review at the MRT is finalised. An applicant for review who has had a student refusal can only get a favourable MRT outcome if they have a current CoE for any course. Once the MRT remits your case (sends it back to DIAC with whatever instructions or determinations are appropriate for the case) DIAC will generally grant the student visa. At that point the now visa holder can make another application as a) they have a substantive visa and b) the bar under section 48 of the Migration Act that attaches to a visa refusal is deemed never to have happened as you have won at the MRT and got the visa granted. Complicated I know!
      The question about a PR application given a successful MRT outcome has more to do with timimg than anything else and it will depend on when your course finsihes relative to the MRT result. You should also look at the article on my blog on the new upcoming EOI – Expressions of Interest system from 1 July 2012 which is a game changer for GSM.
      If you’d like to make an employment based application with a business/job sponsor this will not be affected by the EOI system.
      Grant Williams

  12. thankyou so much sir for yr response..
    i want to ask you something else as well. when i applied for my visa, immi sent me a request letter to show the proof of my financial help to continue my study. i am here with my husband and the amount that was mentioned in letter was far lesser than we have expected ( two people). when i told this to my agent, he said it wont affect any thing , we just have to multiply that amt into 3( i.e. for 3 years). and we did that. showed the finances according to it and i have a doubt that we r rejected because of that. can i reapply again instead of doing MRT.

    • Immigration Pty Ltd

      Dear Binta

      Once you have had an application refused in Australia you cannot make another application onshore (Section 48 of the Migration Act).
      Hard to comment on the financial situation without seeing all the paperwork.
      Grant Williams

  13. respected sir i applied for gsm 885 , diac refused the case on the basis of fraudulent certifacte that was used in gaining tra , after that i have paide experience from other resturant , after refusal i applied for mrt , but i am loosing the mrt case as well , so what options i have to stay in australia ?
    pleasereply i be very greatful to you , i am in very bad situation

    • Immigration Pty Ltd

      Dear Sukhvir
      From the information you provide and here I’m assuming the certificate provided was actually fraudulent, I can see no options that are likely to be successful. You can ask the Minister to intervene in your case by writing to him however your situation, as you have explained it, does not meet his guidelines and it is probable/certain that he would refuse your request. Depending on the dates of submitting the fraudulent document you may well be subject to a 3 year ban on further applications (Public Interest Criterion 4020) for submitting fraudulent documents to DIAC.
      Grant Williams

    • Sukhvir r you still living in Australia I got same case like yours can you please give me a call or send me an e-mail my e-mail is garysingh09@gmail.com
      Can I get your number bro

      • hey bro,
        try any other visa like 457 visa but in other occupation not in same field.
        ask from immigration they will explain to u . u can apply in same field any visa untill 3 year . whn u applied mrt . ru in sydney

  14. Hello Grant,
    My name is Kaval, I am really really confused. I have been living in Australia since 3 years as a student. In last month i applied for student visa further stay. After 2 weeks immigration sent me an email to send them all of the documents like IELTS,bank statements etc. They ask me to show $19450 in my account , and i did.
    But last week i got an email from immigration to show them 6months savings history or to get an letter from college (75%) study completion. I did not complete 75% yet.
    In my case, I came to Australia in May 2008 (Single). And then i went back to india in March 2009 and married with an indian boy. Just after 2 months there were big family issues and i broke up the relationship with my husband. But he had already applied for a spouse visa and when i ask him then he said he already withdrawn his application. But in December 2009, i got a phone call from an unknown number, when i picked up my phone, it was him (My Husband), and he told that he is in Australia and he will ruin my life. I told him if he calls me again i will report it to police.
    But again after 1 month he called me again and then i went to the nearest police station and i made an complaint against him. Police officer contacted him and ask him if he disturbs me again he would take an serious action.
    So, in july 2010, my visa was going to expire and he knew that i am not going to apply his visa with me, so he left Australia in June.
    I do not have marriage certificate copy, so i can file for divorce.
    So, now i will turn to my visa and my current situation,
    I am living with my boyfriend since july 2009, we living in a same house as a couple. He is on bridging visa. Last time when i applied for student visa he helped me out (funds etc,).
    But this time, when i applied for my visa and showed them funds and everything, they asked me for 6 months savings history. which i dont have at all. But my boyfriend has 6months old history.
    Is that possible if my Boyfriend can show his savings history?
    Or what should i do, Please help me out. Give me suggestions what should i do.
    I will be very very thankful to you and your efforts.
    Regards
    Kavaljeet

    • Immigration Pty Ltd

      Dear Kaval
      Your situation is quite complex and there are a number of questions I’d need to ask you to be in a position to advise you prudently. I do not think it is appropriate to do this in this public forum. Privacy and confidentiality issues.
      If you’d like to contact me privately by phone or email I’d be happy to discuss your situation. My Mobile 0430351877. Email: immigrationptyltd@gmail.com. Office: 02 92114694
      Grant Williams

      • I applied my TR 485. As per new rule I need 7 band each IELTS. If my case is open. By that time, I couldn’t  make it 7 in each than my case officer going to refuse my visa any way. So my last option is i am planning to go for MRT. I heard that it takes 18 months to open MRT case. But in that mean time if, I got 7 band each will I able to win the MRT decision. In this situation,  what is the percentage of my winning chances? If I got 7 each in IELTS before the MRT case open. Also what happens, if I got employer sponsor in meantime during MRT period. Will i be able to use that Employer sponsor to apply PR or not. Please clarify my doubts it will be great helpful for me. It gives me peace of mind. Thank you very much for taking your valuable time to reply me.    

        Best regards.    
        SAM 

      • Immigration Pty Ltd

        Reply already sent to your email.

  15. Hello sir
    My name isjesus.I have few doubts regarding my visa so could you pls help me out. I applied for student further stay in Australia everything was fine but the problem was regarding funds I showed the funds back in my country in my dad’s account but without my knowledge he withdrawn the money bcos of this reason my visa got refused so if I show them the funds again in MRT will I get my visa back pls reply to my comment I am very much tensed about this.
    Thanks

    • My name is Esha sorry for mistake

    • Immigration Pty Ltd

      Dear Esha
      The overall question of funds depends on the assessment level for your student visa which is determined by your country or origin.
      I’d need more information to answer fully but generally speaking if the financial conditions have not been met at time of decision the answer may well be no as the MRT can only apply the same law to the documents you have provided as DIAC.
      Grant Williams

      • Thanks for replying sir .As i am from india when I got my refusal of visa I asked my dad about funds in the account.He replied saying that he can show the funds from the other source. So sir I would like to ask you that in front of MRT can I show funds from the other source of my dad is it acceptable by MRT to grant a visa

      • Immigration Pty Ltd

        Dear Esha
        The same rules apply to funds no matter what source you father provides – provided the funds were there in this other source at the date of your application the MRT may find in your favour. I say again however that it is very difficult to answer these sort of questions with only partial information. The point of my BLOG is not to be a place where readers can get migration questions answered in this manner. You need to take your case to a reputable registered migration agent so that they can look at all the facts and make an assessment.
        Grant Williams

  16. Dear Sir,

    I have applied for 885 visa 2 months ago.(finished my masters in accounting and finance). This week case officer was allocated to my file, he send me mail requesting my IELTS, which i do not have(7 in all modules). I still have 25 days to submit. I have booked my test and confident that i will get 7 in all. But i am just thinking if some thing goes wrong i.e., if i did not achieved 7 in all, what are my options. Can i apply for MRT and while the case is running can i sit for IELTS and submit the favorable score. please advise me

    thanks in advance

    • Immigration Pty Ltd

      Dear Chowdry
      I assume you need IELTS 7 to pass the points test. If you cannot show the IELTS they will refuse the application if this is the case as not meeting the criteria at time of decision.
      I cannot answer your MRT question is I do not have all the facts of your case. I suggest you need to seek professional advice in person from a reputable registered migration agent.
      The point of my BLOG is not to be a place where readers can get migration questions answered in this manner. I t not prudent for any professional agent to answer complex questions without knowing all the facts.
      Grant Williams

  17. Dear Sir,

    I graduated last semester from UOW. I did MICT(Masters of information and communication technology). i have applied for both TR and PR (485 and 885) visas. I did apply for TR in the month of February and PR in the month of May. With in 1.5 months time period i have been assigned with a case officer for my PR application and he is asking my IELTS document. i am given only 3 days to submit all the documents. Only IELTS result sheet is due in my application and i booked for 30th of July for the next test. My agent explained to the case officer about my situation and sought for 28 days time period. But my case officer declined to accept that. Now my agent is saying to hang on, even if i get rejected for PR application i can go for MRT later and by the time of processing by MRT, if i get 7 in all band i should be in safe side and i would be granted for PR visa. That is told to me by my Agent. Is it likely that ?

    My question is how long normally MRT will take to do the review?
    If MRT refuse my review , will my TR still be valid application?
    If i get refused in MRT, will i be able to apply for PR later on after my TR gets approved?
    What would be the consequence of all these things?

    I dont want to leave Australia. please provide me some information regarding these issues. I will be really really grateful to you. Thanks in advance. please help.

    max

    • Immigration Pty Ltd

      Dear Sanjib
      You already have an Agent working for you and I’m not going to comment on this person’s advice. It would seem you have claimed points at time of application that you could not show the proof for at time of decision. A major problem! DIAC can validly refuse your application if you do not submit documents as requested when they are ready to make a decision.
      MRT cases are taking a long time to come to a hearing, possibly as long as 18 months.
      I assume you have lodged both the TR and PR applications while your TU Student visa was still valid??? The system will not accept a GSM application if you are on a Bridging visa awaiting a 485 visa decision.
      If both applications have been receipted and are valid and the above assumption is correct, they are separate valid applications for different visas. Hence they should both be assessed separately. So yes the TR application should still be valid.
      However it is very difficult to give proper advice when one only has partial information and I am reluctant to offer any definite advice and please do not act on this without getting it checked by someone who is qualified / registered and to whom you have shown all the relevant documents.
      The point of my BLOG is not to become a free advice service. It is impossible to answer every question as I am not in possession of all the information and there are only 24 hours in a day.
      Grant Williams

  18. Dear Sir,

    Thank you very much for your valuable comments. just to know, if one of my PR application get refused from MRT, am i gonna be black listed as i cant apply for PR anymore.. Or i can?

    thanks again
    Sanjib

    • Immigration Pty Ltd

      The short answer is NO.
      Once you have an onshore visa application refused you are subject to a section 48 bar on subsequent applications. However as you lodged the 485 before the GSM for PR and provided the 485 is granted you could then lodge a new GSM PR application but only after you get the 485.
      Grant Williams

  19. Dear Sir,
    First a fall i would like to thank you very much for giving your concern reply’s to every one, Now coming to my issue i am prakash been studying in australia for more than 2 years, recently i have applied for my student visa extension and i am pretty sure my visa will get regected as the case officer was asking about my gap of 9 months.
    I came to australia through student visa for 2 years for the study of business management as (6months certificate 1V, 1 year diploma and 6 months advance diploma) After 1 year, the college have announced that they will be finishing the cource in 2 months and will give only diploma certificate, more over asked to pay the fees for 2 years where i was not satisfied with the deal, i asked them the relieving letter so that i can join new college, but the college insist me to pay the full fees for the relieving letter, other wise they said they will provide only six months study certificate which i took that relieving letter and joined the other college coe for two years.
    When my visa about to expire i applied for my student visa extension as i have completed my one year course in the new college, now i got a case officer and asking for the gap, i have explained in detail as what happend to me, today i got a call from case office and said that he have to take a decision and asked for the same gap.
    By the way my case officer was talking i can sure that he will be going to cancel my student visa. The biggest mistake i have done was, firstly i would have complaint on the previous college at that time, secondly i dont have any evidence that i went to college for more than 1 year.
    Now my questions are if my student visa got regected and applied for MRT, is there any chance i can win and how long it will take to get the result, now i am working as a manager in macdonalds, am i still able to work or not. pls kindly give me advise.

    Regards
    prakash

    • Immigration Pty Ltd

      Dear Surya
      I’m not really sure about the 9 month gap you have in your studies. Are you saying you just did not study for 9 months?
      The MRT will apply the same criteria to your application for review as DIAC. If there is a valid explanantion for the ‘gap’ then yes it is possible an MRT review could be successful.
      You stay on the Bridging visa granted when you applied for your new student visa and if it has work permission then you can continue to work with the work limitation.
      It may take up to 18 months for the MRT to hear your case.
      The MRT can only give you back your student visa ie. reverse the DIAC decision to refuse (if this happens) if you are still validly enrolled in a couse and studying and meeting course requirements.
      Grant Williams

  20. Dear Sir,

    Thanks again. As I have already passed the 6 months time limit for applying PR after finishing course, I have no option to apply for 885 till my 485 is granted. So if I get refused from current 885 application, I think I should go to MRT for reconsider, and then again if I failed I can then wait for 485 result to come out and reapply again. By the way, Australian Immigration Blog is just to share information about immigration matter free? or it doest offer professional suggestion as well ?

    Thank you.

    Kind Regards
    Sanjib

    • Immigration Pty Ltd

      Dear Sanjib
      All the details of my practice as a Registered Migration Agent and contact details for the business Immigration Pty Ltd are in the About section on the BLOG.
      Yes I do offer professional services please give me a call if you’d like to discuss having any work done by my company.
      Grant Williams

  21. Hi Grant

    how are you? I have some queries. i would really appreciate if i could communicate with you via emails or something. I’d really appreciate that.

    thanks
    Mink

    • Immigration Pty Ltd

      Dear Mink
      My email is
      I’d be happy to have a look at your questions
      Grant Williams

  22. Gokarna Gurung

    Hello Sir

    My name is Gokarna Gurung and i would like to know i am in bridging visa (MRT) so now i wanna divorse my wife becuase she is not with me togeather so is it possible and she wanna go back to nepal or somewhere but she is living with some one please i need answer , what i have to do for this matter i wanna divorse.

    Thank you very much

    bye

    • Immigration Pty Ltd

      Dear Gokarna
      Thank you for your question however it should be directed to a legal practitioner (lawyer) and I would suggest one who specialises in Family Law. I am a Registered Migration Agent and while your status at the MRT falls with in my area of expertise Family Law is solely the preserve of qualified lawyers.
      Before you ask if I can recommend anyone I suggest you contact the Law Society and they will give you a contact in your area.
      Grant Williams

  23. Dear Grant,
    I am greatly touched by what you have replied for everyone. Yes, this is another one who needs your advice. I arrived Australia in March 2008, and enrolled a bachelor of accounting course which was expected finished in August 2010 (as shown on the visa tag). During this period, I transferred from one uni to another with unreasonable exemptions. That was the reason why I applied 573 student visa for further stay untill July 2011. Before the expired date, I asked one Registered Migration Agent in Sydney to logde all material DIAC required. They did so, except for the enrollment letter and transcript from the current uni. Certainly, I was refused to grant 573 visa because I was not satisfied the English requirement. However, the turth was that I had done over 60% of all required courses at that time, and I have graduated in July 2011. Unfortunitely, I have been told that the MRT’s review of my case is supposed to start in the second half of next year… That drives me crazy.To make sure whether I am able to stay in Australia without taking any courses, I went to DIAC three times, and got the same answer ‘yes’ from different officers. In fact, I was not sure whether the answer is trusted or not.
    Grant, please help me out of these doubts. Must I enroll any courses during the unlimited waiting period? Indeed, I am going to take a Master couses of UWS, which only begins from Feburary 2012. That is to say, there is 8 months course gap. Would I get any trouble if I am failure to enroll other courses for fulfilling the gap? According to the suggestion you replied to Tushar, ‘the MRT can only give you back your Student visa if you have a current COE at the time they make their decision’, can I say that I would satisfy the regulation as long as I am holding a valid COE just at that time when they are making decision, as I am thinking that Bridging Visa A is my current Visa status rather than 573 Student Visa? Please give me some advices, thank you very much.

    Best regards,
    Bonnie

    • Immigration Pty Ltd

      Dear Bonnie
      You have it all correct. You are on BVA and that means you do not have to study continuously. To have the MRT remit your case back to DIAC for approval you do need to be enrolled (have a CoE) at the time of their decision. It would seem that your Masters plan will slove that problem. The gap is not an issue. More to the point the extended ewaiting time to come before the MRT is creating this problem.
      GRant Williams

  24. Dear Grant,
    I am so grateful of your reply that is so sweet and helpful, and feeling much better now. Thank you Grant, for giving professional advices to me and to anyone who needs your help.

    All the best wishes,
    Bonnie

  25. Hi Grant,
    I have applied for my MRT since august 2010 because of unsufficient funds and i m still waiting for my result but my question is that m workin in a company as a sub contractor on abn not as their employee and because of the company audit check they are asking me to show the status of my visa which proves that i can work as a sub contractor to them because the work right letter which i have got from my agent provided by immi. to him is been stating “THE DOCUMENT MUST ONLY BE USED BY THE ABOVE-NAMED EMPLOYER/LABOUR SUPPLIERS FOR THE PURPOSES OF ESTABLISHING THE EMPLOYE’S ENTITLEMENT TO WORK IN AUSTRALIA AND FOR NO OTHER PURPOSE” does it mean i cant work on abn as a sub contractor or if it doesn’t please advice me so i can have something in written from immi. or my agent and i can show to my company.
    your’s guidance is much more appreciated at this stage to me please look forward and let me know.

    • Immigration Pty Ltd

      Dear Harry
      So you’ve had a visa application refused by DIAC and you have applied to the MRT for a review of this decision in August 2010? Not sure what you mean by insufficient funds? Are you saying you have asked the MRT to waive the application fee due to financial hardship? What work rights do you have? I cannot tell from the info you provide. What Bridging visa are you on from your original now refused application. Generally this will have the same work rights as your last substantive visa provided you made your application before that visa expired.
      If you have work permission I can see no reason why you cannot work as a subcontarctor on an ABN.
      Grant Williams

  26. hello sir….presently i m on visa class 485. i lodged my PR subclass 885 couple of months ago. And i have been allocated a case officer a month ago. I have been asked to provide some documents regarding the evidence of work experience( motor mechanic). I submitted them within 28 days. After few days case officer ask some more documents like bank statement as SHE was not satisfied with the previous one( Group certificate). I again submitted the bank statement but i havent got response for the last two weeks. Can u please tell me roughly how long more it would take to announce the decision……thanks

    • Immigration Pty Ltd

      Dear Kanval
      It is impossible to say as it depends on what the case officer is checking and cross checking from the documents you have provided.
      All you can do is wait if you have responded as best you can to all thier requests for information.
      Grant Williams

  27. Immigration Pty Ltd

    See reply above

  28. Hi Grant,

    I was reading all your replies and it has helped me to gather lots of information with I need. The only question is I am going to apply MRT today and presently I am on BV A, which was given to me when I applied for my student visa extension. Now after applying for MRT I believe I will still be in BV A. Now the company I work for is happy to sponcer me for a business temporary long stay visa. Can I still apply for the bussiness visa and if I can, will my MRT application cause any problem? Pls suggest

    Thanks

    • Immigration Pty Ltd

      Dear Subhankar
      You have had a Student visa refusal and that means you have a Section 48 bar on making an onshore application in any visa class (other than Humanitarian – don’t do this!)
      However Sponsorship in the Temporary Business area is a 3 stage process – the first two stages are for the business not the visa applicant. First the Business must gain approval as a Standard Business Sponsor (SBS). Then the SBS can apply for a Nomination approval for the job/position they are offering you. Once the Nomination is approved you can then make a visa (457) application. In your case you should apply for a Bridging Visa B (that’s a BVA for travel) – the application is then lodged while you are overseas and you can either then wait for the visa to be granted and return on that visa or return on the BVB and wait for DIAC to be ready to grant the visa then depart again. It’s complicated but it will work.
      A word of caution however you and your potential sponsor would be well advised to get professional help with the 3 parts of this application. Many businesses mess the SBS and Nomination applications up and get them refused as there are complicated regulations relating to Staff Training and Market Salary that DIAC do not exactly make clear. In addition your situation is complicated by the s48 bar and this needs to be handled carefully. not as simple as you were hoping but still possible. You then need to manage the MRT post 457 visa grant as well. Tread carefully!
      Grant Williams

  29. thanks Grant..

  30. Thanks a lot Grant for your suggestion, just another quick question, how much time does it take for the business visa to get approved if considering the first two stages are all done and it’s good to go?

    • Immigration Pty Ltd

      Dear Subhankar
      At the moment (and this will vary from time to time with the volume of applications) it is taking about 4 weeks to get an application to be allocated to a case officer. It then takes only a few days to be processed if everything required is in the application. If this is not the case it can take up to another month or longer depending on how patient the case officer is and what constraints there may be on providing requested documents. For example Police Checks and medicals with follow ups may take months.
      So if SBS and Nomination are approved first and then you lodge the application separately as you’d probably need to do in your case the time starts again – 4 weeks to get allocated and then as before. Most of these applications are lodged in one batch – all three parts together. Difficult in your case unless you depart and wait o/s.
      Grant Williams

  31. Dear Grant,
    This is Bonnie again. I just read more replies after mine, and surprisingly found that the person who is on BVA because of a student visa refusal is still entitled to apply for any other type of visa. Is that correct? Based on my situation, I just graduated on this July and my case is supposed to be allocated later than March of next year, do I have any opportunity to make an onshore applicantion regarding for the visa class 485 in between 6 months from July? Should I have to wait the decision of MRT without taking any actions? What is your suggestion, please?

    • Immigration Pty Ltd

      Dear Bonnie
      Once you have had a refusal and you are at the MRT there are a very limited number of visas you can apply for. There is a s.48 ban waiver for some applicants for Partner visas in specific circumstances and there is never anything that excludes a Humanitarian / Refugee application (the latter is only applicable if the applicant is a genuine refugee however). Basically it’s best to try to resiolve the refusal first.
      Having said that it is possible to depart if an applicant has an approved standard business sponsor with an approved nomination and then lodge a 457 Business Long Stay application O/s. I assume this is what you’ve read. Won’t work for a 485 in the same way.
      Grant Williams

  32. Dear Grant,
    Thanks for your reply again. If you say so, I would like to choose the ordinary way to go– taking a master course before the MRT makes the decision.
    I am so fortunate for having your helps!
    sincerely,
    Bonnie

  33. mike & heidi

    Average time for partner visa MRT decision 8 months? We have been waiting over 21 months so far with no end in sight. Sorry to throw cold water on anyone`s hopes out there but the MRT must be swamped with applications. Please Australian Federal Government , give these hardworking people more resources ”Justice delayed is justice denied”

    • Immigration Pty Ltd

      Hi Mike & Heidi
      Are you waiting in the Sydney queue? I called the other day to follow up an application and was told 2 years despite the website calculator saying less than 12 months. Yes they are swamped and part of the problem is Members being assigned from the MRT to the RRT for cases that must be dealt with within 90 days of the RRT getting the file from DIAC.
      I hope you’ve been pumping plenty of supporting evidence into the MRT to answer whatever it was that DIAC took a dislike to. One could be forgiven for feeling that the fact that you’ve hung in there is prima facie proof of a genuine relationship. You should be applying to go direct to PR once the MRT finds in your favour as you will meet the requirements for a long-term relationship – 3 years!
      Good luck
      Grant Williams

      • mike & heidi

        Hello Grant ,
        Thanks for your reply. We have plenty of proof = 1.25kg of documents remitted to MRT that the Department of Immigration could have had if they had only asked for them before refusal. The irony is that it was only the refusal letter that set out what they actually wanted. We lodged the appeal November 2009 and still waiting for a hearing with MRT Melbourne as at January 2012 ! It really shouldn`t be this hard , should it? Wanting our lives back…….

      • Immigration Pty Ltd

        Yes unfortunately I see way to many cases where DIAC refuse obviously valid couples while some that are let’s just say less than what they appear sali through. Good luck at the MRT. Grant Williams

  34. Hi Grant
    I really appreciate you helping so many people. I am hoping I will get your advice as well.
    I completed Diploma in community welfare in Dec 2010. I applied for 485 Graduate visa on April 2011. Currently I am in student visa as I have 573 visa which will expire in Sep 2012.
    I want to know approx. time when my 485 visa may be granted. Will my being on 573 visa make any difference?
    Another question, if I travel to overseas(my country) for 1 month now what will be the impact on my 485 visa application?
    And is it possible to cancel my 573 student visa so that I can work full time to try for ENS or RSMS?

    Regards
    Preeti

    • Immigration Pty Ltd

      Dear Preeti
      It is hard to tell you how long the 485 processing will be however up until very recently they have been taking up to 18 months. They say they are putting more resources towards speeding this up but that may well just mean 12 months. Your 573 visa will in no way affect the processing of your 485 application. One visa simply replaces another when it is granted.
      Yes you can travel provided it fits in with your study obligations for your 573 visa.
      Remember that you MUST continue to study while ever you hold a valid Student Visa and meet all the TU 573 conditions for attendance, results and work etc…
      Yes it is possible to voluntarily cancel your TU 573 visa. However this is generally not to be recommended for the following reasons. When you cancel a visa no matter how this comes about this automatically cancels all other visas that have been granted (even those granted and pending like the BVA you were granted when they accepted your 485 application). So DIAC does what you ask and cancels your Student visa (and the 485 BVA as well) – you are now unlawful (illegal) and they then invite you (or allow you) to make an application for another Bridging Visa in light of your current application for a substantive visa (485 application). As you are now unlawful the only Bridging visa you can apply for is a BVE. When granted your BVE will have no travel rights (unlike your 573 and ultimately your BVA which allows for a BVB application for travel), your permission to work may be revoked and you may then have to make a separate application to get work rights back again (this may not happen but it usually does). So all in all your new status in Australian is now infinitely worse than it was. I know you have to pay fees as a student but the alternate on a BVE can be very difficult especially if something happens at home and you cannot depart as happened to a recent client – one week after cancellign her TU visa and getting the BVE (no work) a very near relative had a very serious medical problem and all she could do was call or email. On a BVE you can leave Australia but you just cannot come back again.
      OK very long explanation for what seemed a simple question – but it is very imporatnt that you appreciate the implications of what you are contemplating.
      Grant Williams

  35. Hello Grants

    Thank you so much for your time for replying me. Can I ask one more question? I have heard that if I go abroad (my country) as in my case when I have applied for 485 visa and I still have a student visa, DIAC will put my file in the bottom and whatever time I have waited will go in vain…Is it true?

    Actually I want to go to my country to visit my child but then I will already have waited 6 months…. therefore I am very confused what I should do..

    I would be grateful for your kind reply.

    Regards
    Preeti

    • Immigration Pty Ltd

      Dear Preeti
      This is just a silly rumour. If DIAC wanted to grant your 485 visa while you were o/s this would not be good as you must be in Australia for the visa grant but they are taking at least 12 months to process applications and as you are on a TU 573 you cannot be away for that long in any case. You just need to look at the relative time frames from date of application.
      Grant Williams

  36. Hi Mr. Grant,
    First of all I would like to thank you for your replies. I have recently been rejected for 885 application as I have failed to provide IELTS score sheet. I applied for the visa on May with out IELTS score sheet. My case officer asked my IELTS result with in 3 days and then I replied to him that most of my friends they are getting at least 28 days so I would like to have some more times to provide that. He never replied, though he kept himself quite and after 28 days he just emailed me that my application has been rejected. I managed to sat for IELTS once only and I nearly got the desired score. I am going for a review of my IELTS result though. But my question is if I go for MRT how much possibilities I have to be accepted later if my review really worked for me or I manage to score desired score later? Would that be a good idea going for MRT? if yes then where can I get some professional helping as it is a matter of lawyers not migration agents I guess. Please suggest me on this issue if possible.

    Thanks in advance.
    San

    • Immigration Pty Ltd

      Dear San
      Thanks for the comment / question.
      Migration Agents regularly represent clients at the MRT. The MRT is a non-adversarialy process and essentially the Presiding Member speaks direct to the applicant for review. So no you do not need a ‘lawyer’ for this as it is not a court.
      Having said that I assume from what you’ve writtten that you needed GSM Points for English in order to pass the points test. (?). You were given the statutory time to respond to the request for the IELTS (it usually tells you this in the request letter). Meeting the Points test is a time of decision criterion for the 885 visa application. As such failure to be able to demonstrate that you have documentary proof to justify the points you have claimed at “time of decision” must result in the application being refused. The Case Officer has no choice. When you go to the MRT they must apply the same law as the case officer. Nothing you do now will change the fact that at the time the case officer sought to render a decision on your application you did not provide an IELTS score sufficient to be given the points you have claimed at application. Hence the MRT will be bound to make the same decision as the case officer. Your situation is not one to which the now reversed loophole to provide a later IELTS applies – sorry!
      Grant Williams

  37. Dear Mr. Grant,

    Thank you very much for your reply. To be very honest I have posted the same question elsewhere as well. In that forum some Migration Agents are saying my case can be referred to the case of Benegal. Benegal failed to provide the IELTS document on time and got refused by Case officer. But later on through MRT he had got his 885 visa. But for consequence, I have applied for 485 visa as well earlier in this year. I am expecting that visa will come into effect early next year. On basis of that, later on if I fulfil points for 885 visa, would I be able to apply for it? Again, if I apply to MRT , before my case has been decided would I be able to lodge other Permanent Migration visa application and withdraw my MRT application? is that possible?

    In my situation can you please suggest me how to achieve PR visa please. I appreciate your help.

    Kind Regards
    San

    • Immigration Pty Ltd

      Dear San
      One of the troubles with trawling for answers is that you often get conflicting replies. There are a number of posts in relation to the Berenguel decison of the court on my Blog. This decision allowed an applicant to present a “late” IELTS result and said that DIAC had to consider it. That is an acceptable result from a test taken after the date of application. Your circumstance is different to this. You have not given DIAC any IELTS result. You cannot now come up with an IELTS, after DIAC have requested it (in line with the Berenguel requirement – you have been afforded this concession already) and after they have validly made a decision and expect the MRT to reverse that decision. You were refused because you did not give an acceptable IELTS result not because you gave them a late IELTS.
      Far be it from me to disagree with whoever else has given you advice but I stand by what I have told you.
      Your second piece of information relating to your 485 application is a different matter. If you are granted the 485 TR visa you can then make a PR application. You can withdraw any MRT application right up until the MRT makes a decision.
      Grant Williams

  38. Akashdeep shergill

    Dear Mr. Grant,

    I applied for 457 visa and i got refusal from DIAC and they also canceled the Sponsorship of business. there was several cause for refusal
    1) – salary was lower then the market rate
    2)- my position was shown as chef rather then cook
    3)- health cover was not valid

    Actually that all happen bcz my employer lodge this application by self. he was unknown from the current immigration rules about sc457 visa.

    another issue is that when i applied for first time sc457 visa then business was running under two partners. so the sponsorship was under both names. but now one partner has left the business another still going on, so this time they got again sponsorship under one partner name. but business name is same as before.

    one year ago we lodged another application for review in MRT. we have our Representative lawyer in MRT. but now lawyer ‘s advise is that they will lodged another nomination application while our case is in MRT, when it will approved then lawyer will take the application withdraw from MRT and i will leave AUS and then lawyer will lodged my sc457 visa application.

    Now my question is that if we will withdraw application after 1 year then MRT will take any action against me or not.
    second is that i have secondary applicant as de facto. so can she apply another visa onshore or not.
    is this all will go in place or not.
    Plz give me your advice. i will be really thankful to you.

    Kind regard
    Parry

    • Immigration Pty Ltd

      Dear Asashdeep
      It is always difficult to offer answers when you already have a representative acting for you. I guess my first question is why are you not asking these questions of your lawyer / agent? Your representatiove is in possession of all your relevant case details – I am not hence they are in a much better position to advise you.
      However one question is quite simple – if an applicant withdraws an MRT application there is not penalty and no one takes any action beyond informing DIAC of the withdrawal. Your Bridging visa in relation to this will cease 28 dyas after the withdrawal. The only penalty is that you will not get the MRT application fee back.
      In relation to the de-facto partner you need to consult you representative to deterimine if they are of the view that Immigration will see the relationship as meeting their requirements for the grant of a dependant 457 visa.
      Grant Williams

  39. Dear Grant Williams,

    I am amazed by the knowledge you shared with us. I would like to ask few questions re my husband’s visa processing.
    I am a permanent Residency holder since July 2010. My husband applied for Graduate Visa subclass 485 in Aug 2009 and was on BVA since then. We got married in Oct 2010. He had to travel in Nov 2010 and applied for BVB and was granted. He returned to the country within 21 days before his BVB expires. His application was refused in Feb 2011 as he applied for his police certificate and degree application after he submitted his 485 visa application. He realised later on that one of the requirements is to apply for police check and degree assessment before application submission not after.

    He applied to MRT for reviewal of his application in Feb 2011 right after his visa got refused. on 30th August he applied for Partner Visa and got an acknowledgment letter from DIAC stating he is now granted BVC with ‘no work’ condition.
    He is devastated with the fact as he was working in a company in a senior position and in the same field he studied for. We spoke to immigration department and they advised to apply for change in visa condition through Form 1005. Immigration dept. said this form will not be taken into consideration until he has a decision from MRT on his 485 visa application.

    My husband has got a hearing date from MRT on 12 Sep 2011.

    My question is what happens if his application get refused from MRT too? Does he straight away goes to BVC and in that case he will have to leave his job as at the moment there is ‘no work’ condition attached to his BVC. or will BVC come into effect after 28 days from MRT’s final decision? Is there any other way he can replace his BVC with BVA so that he has the same work right as before he applied for Partner Visa?

    Please advise.

    Thank you

    • Immigration Pty Ltd

      Hi Bill,
      Section 48 does not apply to offshore applications.
      The Sponsorship & Nomination sections can be lodged at any time as they relate only to the business but you must be o/s when the 457 visa application part is lodged. This part can be lodged here in Australia but you cannot be here at that time (s48). Yes you can return and be here while it is processed and here when it is granted.
      Grant Williams

    • Immigration Pty Ltd

      Dear Jenny
      Once the MRT make a decision, and I assume they will affirm the DIAC decision in the circumstances you state, the BVA for the MRT case runs out 28 days after the decision date. So he still has his work rights. The BVC granted for the Partner application will always come without work permission. You have lodged the 1005 and they will process this as soon as the MRT decision is notified to them. He moves onto the BVC the moment his BVA expires.
      You need to keep an eye on the dates and try to personally follow up the 1005 application in the week before the BVA expires so that his work is not affected.
      No there is no way to go from a BVC to a BVA.
      Grant Williams

  40. Hello Sir,
    Actually i had applied applied for student visa extension, but my visa was refused because they said i didn’t show my english requirements. now i had applied for MRT on 31st may, 2011. So how much time this procedure will take and on what type of visa i am now. One thing more Can i travel india for one month during this MRT procedure, or there is any problem to go overseas.
    thank you.

    Kind regards
    Simmy

    • Immigration Pty Ltd

      Dear Simmy
      Provided your Student visa was still valid when you made your new Student visa application you are now on a Bridging Visa A (BVA).
      Up until recently Student refusals have been taking the MRT up to 2 years to process. However recently they have put in place a “Student Taskforce” and they say this is making the waiting time shorter. So it’s hard to give you an answer on time. Less than 2 years, hopefully a lot less???
      If you are on a BVA and you want to travel you must apply for a BVB (this is a BVA for travel). Visa fee is $105 + Form 1006 and you need to show them that you have a substantial reason for travel.
      Read my post on BVB.
      Grant Williams

  41. Dear Grant,
    Thank you for your prompt reply which was really helpful. We called Immigration department and they said that the form is being assessed and it takes upto two weeks from lodgement to decide on form 1005 and get back to the applicant. Would that be right? As you mentioned, they will process form 1005 as soon as the MRT decision is notified to them.
    My husband attended his first hearing today and MRT case officer mentioned that they will finalise the case and let DIAC know asap.
    Does this mean form 1005 won’t be looked at until MRT notifies about final decision? Do you think, in his case they will not take upto two weeks but more as they have to wait for MRT decision?

    My another query is, as mentioned earlier he was granted BVB to travel outside Australia in Nov 2010. He returned to the country within 21 days before his BVB expires. But if we check his current visa status online (VEVO), It shows he’s still on BVB. To make sure we called DIAC and checked with an operator, he also confirmed he is on BVB. Is this normal to have BVB ongoing even after somebody has travelled outside and returned to the country?
    Please advise.
    Thank you

    • Immigration Pty Ltd

      Dear Jenny
      Usually they would bot process the 1005 until the MRT notifies its decision. Generally they take about 1 week when I do them so the 2 weeks they said is a reasonable estimate.
      Your partner is now on an expired BVB. generally I advise clients to reapply for their BVA as soon as the BVB expires but I cannot see the point in this case as the BVC will be in place very soon and all being well they will change the no work to work.
      Grant Williams

  42. Dear Grant,
    i was working in Indian restaurant since more than a year, on Jan 16 2011 i was applied 857 RSMS in regional with the same employer,my query arrive 2 months back my employer made a mistake in replying with some documents and my file was refuse.Now i only got an option to go for MRT, how long does mrt take to grant a decision is that any special priority in this case? and still my Medicare will be valid as continue the bridging visa.
    Please your reply is highly appreciated in this matter.

    • Immigration Pty Ltd

      Dear Kaleem
      The MRT processing time will depend on where you lodged the MRT application. Sydney is very slow but elsewhere times are shorter. Call them and ask how long – they generally give you an estimate.
      Your case will not be eligible for priority processing. They have guidelines I cannot see that you meet them.
      You will stay on the Bridging Visa you were granted when you lodged your 857 visa application and yes the Medicare provision will remain until 28 days after the MRT decsion.
      GRant Williams

  43. Dear Grant,

    Thank you for your prompt reply. I also wanted to know, if in case my husband does not get work permit this time as he lodged form 1005, can he apply again showing more evidences to prove financial hardship. Or one can only apply once during processing of onshore partner visa?

    Please advice

    Thank you
    Jenny

    • Immigration Pty Ltd

      Dear Jenny
      This is one of those odd applications that you can keep doing until you convince them that you are in financial hardship. Also there is no charge to apply for a change of BV conditions. Having said that I’ve never seen one in 15 years that has taken more than 2 attempts. Best always to do it properly the first time. – like all Immigration applications!
      Grant Williams

  44. Venkata Sangraju

    Dear Grant,
    My application for visa885 was rejected recently(sep 9) because i couldn’t submit ielts score in the given time.However,just a week after the decision, i got the scores required(8.5 8.5 8 7). As i have applied for visa485 before visa885 i was given Visa485 the next day after my PR refusal.friends are suggesting me to go for MRT review. Will it do any good for me. I request you to advice me.Thanking you in advance.

    Raju

    • Immigration Pty Ltd

      Dear Raju
      You now have a substantive 485 visa. I cannot see how you can win at the MRT as they must apply the same rules as DIAC and you did not provide the IELTS before time of decision and hence you did not pass the points test. You’ll just waste your $1540.
      You can now make a new GSM application as you have a 485 visa but I guess that depends on your occupation and whether it’s on the SOL. If not then you need to look to the employment pathway 457 and then ENS.
      Bad luck with the timing but nothing you can do will change that so you’ve just got to move on to the next best option.
      Grant Williams

  45. dear grant william,
    My student visa extention application was refued and i didnot apply MRT withing the time limits. Now 9 month has been pased. please relpy can i made the appeal now.

    • Immigration Pty Ltd

      Dear Manjit
      I will reply to your email which has more detail on the assumption that you’d like to keep the other details private.
      Grant Williams

  46. Hi sir I am Bhupinder Singh,I applied for 485 visa before 3 years but they refused my 485 last year due to fraud experience and now i have applied to Mrt for the review and now i am working in my field from last 1 year since i apply in Mrt so how many chances do i have to win in Mrt as i am doing skilled work from last 1 year and how long does it take to open my case as its already 13 months and in case if they reject my case ,do i have any optins left to apply for any visa thanks

  47. HI i am bhupinder singh,can u plz tell me that can i tavel overseas while i applied for mrt and does it impact my mrt case or whats the the procdure tp travel do i have to inform soneone about this thx

    • Immigration Pty Ltd

      Hi again
      If you apply to the MRT you stay on the Bridging visa granted when you lodged your 485 application – I’m assuming a BVA. If you want to travel you must apply for a BVB. Read the BVA / BVB article on the BLOG. This will have no impact as you put it on your MRT case.
      Grant Williams

  48. MOHAMMED OSMAN

    Dear Grant,
    My RSMS 857 visa refused last week because of some misunderstanding in the paper work, i planned my self to appeal with MRT.I just want to know from you if i win the case in MRT the visa grant date from the refusal date? Osman

    • Immigration Pty Ltd

      Dear Osman
      If you ‘win’ at the MRT the application is remitted to DIAC for further processing. The visa grant date will then be the date that they grant the visa after further consideration of your application. In other words it will not be the refusal date.
      Grant Williams

  49. MOHAMMED OSMAN

    Dear Grant,
    Its been really appreciated receiving your quick response, i had one more query if you don’t mind, if i applied for MRT then i will be continuing my bridging visa.
    I will be eligible to apply any states sponsorship while waiting for MRT decision?

    • Immigration Pty Ltd

      Dear Osman
      Yes – State Nomination is a separate process unaffected by any Section 48 ban. You will still most likely have to make an offshore application but with a State Nomination that will be a high priority.
      Grant Williams

  50. Hi sir I am Bhupinder Singh,I applied for 485 visa before 3 years but they refused my 485 last year due to fraud experience and now i have applied to Mrt for the review and now i am working in my field from last 1 year since i apply in Mrt so how many chances do i have to win in Mrt as i am doing skilled work from last 1 year and how long does it take to open my case as its already 13 months and in case if they reject my case ,do i have any optins left to apply for any visa thanks

  51. mohameed ghouse mohiuddin

    Dear sir
    DIAC refused my 885 on under pic4020 and currently iam on BVC .i was wondering if i go MRT is there any chance of getting getting BVB to travel and come back.I must travel as i am a married man and my mother keeps sick these days,could you please let me know in this regard.

    • Immigration Pty Ltd

      Dear Mohameed
      You can go to the MRT but you will stay on the BVC you have. You cannot get a BVB from a BVC. A BVB is only available to BVA holders. There is no way around this.
      Grant Williams

  52. Immigration Pty Ltd

    Reply is attached to your second comment. Sometimes I need to think about a question and do some research.
    Grant Williams

  53. Immigration Pty Ltd

    Ramiz or Samad – Not sure what name to respond to as you’ve used two different tags?
    Why was the 857 refused? At which stage was it refused – Nomination or Application?
    Why is your employer saying you’ve breached your contract?
    I need more information before I’m willing to comment on your situation.
    Grant Williams

    • respected sir
      sir i continue my studies in mrt if i fail in mrt can i finished my studies after that or i eligible for apply permanent residency

  54. Dear Grant,
    Sorry for confusion my given name is Ramiz and surname Samad, my application 857 refuse under 857.221 and nomination is refuse under 5.19(1B) of the Migration Regulations (1994), now employer is putting more pressure on work as before using abusive language , my contract shows 38 hours but since last year working 60 to 65 hrs a week

    • Immigration Pty Ltd

      Dear Ramiz
      From what you now tell me the Nomination failed as the Minister (or his delegate) has not approved the appointment.
      Why? This seems to be a problem at the business end.
      If the Nomination is not approved the Visa application automatically must be rejected as it can only go forward with an approved appointment.
      What specifically was the problem?
      It is possible that you may not have access to this infomation as this part of the process is for the business to negotiate with DIAC.
      Who prepared the application?
      You say you have made an MRT application. I assume by this you have personally lodged an application for review of your visa rejection. Is this correct?
      Did the business lodge an MRT application for the Nomination refusal?
      This is all rather complicated and again it is hard to comment until I know the basic facts.
      Whatever the facts there is no excuse for any sort of workplace abuse or forced additional labour.
      Where abouts are you? Location?
      Grant Williams

  55. G’day grant ,my name is kirat i need ur help desperately.i had applied for student visa which got refused,and i applied MRT.i am on bridging visa,,my questions are
    1. do i need to go to school in a mean time.
    2. i am getting maried next month she is from australia ,,,,,can i apply for partner visa if yes wat is the procedure …and how long it takes …please reply asap
    thanks
    kirat

    • Immigration Pty Ltd

      Dear Kirat
      Student refusals are taking a long time at the MRT. You are not required to be studying while you wait. However you cannot win at the MRT unless you are enrolled in a course of study (with a valid CoE). MRT cannot tell DIAC to grant a student visa unless you have a valid CoE. If DIAC get the application back from the MRT and then look at the application again they must still be convinced you are a genuine student. If you have not studied for a long time this may be a problem.
      As far as the Partner application is concerned you need to get some professional advice about this application. This BLOG is not designed to be a substitute for comprehensive professional advice. Short questions and problems not full applications are what’s appropriate here.
      Partner applications are taking on average 10 months to process (DIAC figure). There are some technical issues when applying from a BVA for another visa – the major one involves Schedule 3 of the Migration Regulations if you’ve not been on a substantive visa for more than 28 days and you do not have a long standing relationship. Again I strongly advise you to get some advice before you apply.
      Grant Williams

  56. Dear Grant,

    I have finished my Master of Science degree and lodged TR(485) application on 28/08/2009 and my application was rejected on 24/06/2010, mentioning that I have not satisfy 2 year study requirement. It was a simply error of reading academic transcript by the case officer. So I have applied to MRT on 28/06/2010.

    I will be 30 years old on 1/5/2012(I’m with the old point system). I will lose the opportunity to apply for PR(885) If I don’t get result of my MRT before 1st of May 2012.

    So my question is

    -Can I get a priority for my MRT review by mentioning that my strict time frame as a special circumstance
    -If MRT remits my application to DIAC for reconsideration, how long DIAC will take to process it. Do I need to stay in the long queue again?

    Many thanks
    regards,
    Ravi

    • Immigration Pty Ltd

      Hi Ravi
      You can get the MRT to process some applications according to their priority guidelines – Go the MRT website and you can find their criteria for priority processing.
      If the MRT remit an application DIAC generally process it immediately.
      Grant Williams

  57. HI, MY NAME IS MR .JOSHI, I HAVE A QUERY I HOPE YOU WILL PROVIDE ME ANSWER AS QUICK AS YOU PROVIDING EVERYONE. I APPLIED FOR STUDENT EXTENTION BUT DUE TO SOME REASON DIAC REFUSED MY APPLICATION SO I HAVE APPLIED FOR MRT IN TIME DURATION SO WHEN I CHECK MY VISA STATUS ON VEVO ITS SHOWS { BRIDGING VISA WITH SUBCLASS – WA 010 WITH WORK LIMITATION CONDITION 8105 } SO I DONT KNOW WHICH BRIDGING VISA I AM HOLDING IS IT( A,E, OR C ) ? AND CAN I APPLY FOR BVB WHEN I WOULD LIKE TO TRAVEL OVERSEAS ?
    THANKING YOU
    JOSHI.

    • Immigration Pty Ltd

      Dear Mr Joshi
      A WA 010 is a BVA.
      Yes you can apply for a BVB as per my posting on BVB applications.
      Grant Williams

  58. respected sir,
    i am sheenu. my husband come in australia in 2007 for student visa and in 2010 i come to my husband on dependent visa . last year his visa was expire on 30th october he applied on 1 november he grant his visa ,this year visa was expire on 3rd november . but we lodge this time application on 7th october and this time i am main applicant for visa extension i start my studies on 4th october wen we lodge application visa officer send refusal and suggest to mrt ,if we lodge mrt and i continue my study between mrt decieson can i study after if mrt reject my application because i wanna continue my studies and get p r on study base is it possible

    • Immigration Pty Ltd

      Dear Sheenu
      Yes you can continue your studies while you are awaiting a decison on your Student visa refusal at the MRT. You are on a BVA I assume as you applied before your last Student visa expired.
      If the MRT affirms the decision to reject your visa (agrees with DIAC) you will not be able to make an onshore visa application. From 1 July 2012 you will be able to apply to register your Expression of Interest to make a PR application through the SkillSelect system. DIAC can then invite you to make an application. However this will give you a Bridging Visa and you will need to wait offshore. If you finish your studies before 1 July 2012, which seems unlikely and would not meet the Australian Studu Requirement for a GSM application, you would still have to apply offshore as you have already had an onshore refusal (Section 48 of the Migration ACT bars an onshore applicationin your case).
      If you win at the MRT and get your Student visa you would be able to apply onshore.
      Grant Williams

  59. Hi sir , sorry for another question but I am cofused I puted my MRT application on September 11 , I would like to go india on January 12 but my friend says immigration give trouble when any one who on MRT at Australian airport when they come back. Is it true? Do they check the ground of MRT cases? Can I go to india and come back here? Plz tell me. And he said to me so far they sent 90 persons back to their country who are on MRT. Thanking you

    • Immigration Pty Ltd

      Hi Joshi
      I do not think what you have been told is correct. I assist people who are at the MRT to leave and return on BVBs all the time and I’ve never seen a single one have a problem. No they do not look at the foundation of an application. The only criteria are do you have a substantial reason for travel and will you be able to complete the travel before the MRT want to make a decision on your application. Lots of silly rumours fly around in different communities – most are just rubbish.
      Grant Williams

  60. hi sir, i have a query about my wife visa. I have applied for 485 and 885 visa at 2009. After that , I got approved 485 visa and brought my spouse.I know , i can stay in australia even after 485 expired because i got bridging visa A too. But, what will happen to my wife if her visa( 485 spouse) expired? Is there any option avalable for her like back to student visa or something?

    • Immigration Pty Ltd

      Dear Raz
      I assume you have included your wife in the 885 application and that she is now here as a dependant on your 485 visa???
      She has therefore not got a BV for the 885 as she was not here when it was lodged.
      It might be worth approaching DIAC and making an application for a Bridging Visa E WE 050 as she is an applicant for an onshore substantive visa (Form 1008).
      Yes she could make an application for another substantive visa as you suggest but the options are limited and it will most likely be costly – especially a Student visa.
      I’d go into the nearest offive if DIAC and see if they will be open to granting her a BVE. Not the greatest BV but ti will keep her here while the 885 is processed and she can apply to for work rights later if they actually grant the BVE.
      Grant Williams

  61. harsimran gill

    dear sir,
    my name is harsimran gill i had apply for student visa extension and diac ask me i did not go to college for 6 months and its right bcz my father was in hospital in india and on that time there was finacial crisis in my family. and i told in my college they did not report to diac about this.so what do you think if i will say this to immigration. they will give me visa or not?

    • Immigration Pty Ltd

      Dear Harsimran
      I cannot say what DIAC will decide. However staying for 6 months on a student visa without studying is a breach of your visa conditions. They could validly say to you that you should have taken leave and returned home for that period. Did you continue to work during that time? If so that looks bad. The best way to answer questions from DIAC is with the truth. Explain what happened in India and get some supporting evidence from India and the College. If you told the College and they gave you the time validly they should be prepared to write you a letter of support.
      Grant Williams

  62. Hi sir grant,
    Thank you for your very quick reply…many many thanks

  63. poornanand pavuluri

    dear sir
    i have applied for visa 485 in march 5 2010 and i have got my skills assessment negative and case officer was allocated on aug 23 2011 and on 24 of august 2011 i have applied for another skill assessment and the skill assessment was not yet received and meantime case officer rejected my visa as i haven’t submitted the assessment, so iam applying for MRT. After applying for MRT before the decession comes can i launch PR as i can get State sponsorship for the new skills assesment.
    waiting for your reply.
    thanking you
    anand

    • Immigration Pty Ltd

      Dear Anand
      Once you have had an application refused onshore (your 485) you are blocked by section 48 of the Migration Act 1958 from lodging another onshore application. So no you will not be allowed to lodge this application.
      Grant Williams

  64. Dear Grant,
    Thank you once again for helping so many people.I came in 2008 to do my Bachelor’s of Engineering.Last year my grandfather fell severely ill and my father had to spend a huge amount of money for his medication.Due to this he could not support my education at that time and my enrollment was cancelled due to non-payment of fees.I breached the visa condition and stayed for 6 months unlawfully as i had no funds to make a trip to my country and vise verse.
    I applied for my visa extension and was rejected though i had attached an affidavit and the medical documents.According to your previous post i have learnt that once i am on MRT i cannot make an onshore application.
    I have two questions
    What percentage are the changes of positive outcome and
    if MRT’s decision is positive or negative I will be completing my Bachelors before the cases allocation, so can i lodge my PR offshore or onshore?

    • Immigration Pty Ltd

      Dear Ashwin
      So you made a new TU Student visa application and it was refused. You made this application after being unlawful for 6 months???
      What reason was given for refusing the application? Did they quote Schedule 3 of the Migration Act in the refusal?
      I need to know this before I can answer yourfirst question re MRT.
      You can of course keep studying while at the MRT and hopefully complete your degree.
      Your onshore refusal prevents an onshore visa application (s.48 of the Migration Act).
      Yes you can lodge off shore using the qualification.
      Grant WIlliams

      • Yes I made the application after staying here without being enrolled in any course but on a valid visa.
        They quoted me 573.235 section 2

      • Immigration Pty Ltd

        Dear Ashwin Criterion 573.235 – states “If the application was made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.”

        So your question was chance of success at the MRT? From the circumstances you have described it’s not impossible that you’d be successful at review but I’d have to say your chances are quite low. Grant Williams

  65. Hi Grant.

    I am the secondary applicant (as a de-facto partner) on my girlfriend’s 885 visa application. We were assigned a case officer around the end of August, and had a request for supporting documents on the 20th of September. We lodged those documents in person on the last day of the 28 day period of submission., which was the 17th of October. would you be able to give me a rough idea of how long more we would have to wait for the decision? We are both from low risk countries.

    Thanks in advance

    Adrian

    • Immigration Pty Ltd

      Hi Adrian
      As you may have already read I get many questions about ‘how long’ will it now take etc…
      Unfortunately I’d only be guessing as each case is different and each case has different documents and DIAC make different requests etc.. too many variables.
      However it all sopunds positive and remember DIAC want to make decisions they have processing targets to meet. Shouldn’t be too much longer if all the documents are in order and in DIAC’s hands.
      Grant Williams

  66. sandeep kaushal

    hello sir my name is sandeep kaushal.my wife’s name is kirtee kaushal she is principal applicant.she finished her study in may2011 and visa was expire three days after her study finished.at that time we met with one lady she is phillipino lady registered nurse.she said that she will be our nominator for visa subclass 442 and she will provide us permanent residency of Australia.we were very confusedd so we agreed with her prposal .she required more than $7000 as fees in cash .,,bt me and my wife paid her some cash and some transfer around $4000 we have got all reciepts and all documents .what happened is my wife’s visa 442 was refused becuse that lady’s nomonation was refused by DIAC.so our visa was going to expire .we got 28 days to leave but at that time we applied for MRT……that lady really misguided us ..when we ask for our money then she said that it’s not her fault …and she was really lying …..that visa is refused because my wife is overqualified…i got refusal letter and there is nothing like that in the letter……not only my wife there are three more girls who got refusals of same 442 nominations……my wife studied in disability diploma for two years…..we are really in great worry that what to do now where should we go…..we applied MRT in May 2011 can you please advice us that we can win this application or what step we shoul take further to stay in australia…. i will be very thankful to you and would like to visit your office ……can we do court case on that lady that she misguided us and destroy our visa and future as well……..than-x

    • Immigration Pty Ltd

      Dear Sandeep
      OK you’ve got my interest – this sounds like a scam.
      Your wife applied as an Occupational Trainee and the Nomination was not approved – that’s to say the company or business who offered your wife workplace based trainig was not approved as a nominee by DIAC. You paid more than $7000 for this application and yu were told the reason for the Nomination and subsequent visa refusal was that your wife was over qualified.
      I don’t think so!
      You do need to call me and come in to see me. This is not the place (in a public forum) to discuss this issue.
      Call me either at the office 02 92114694 or on my mobile 0430 351 877 to make an appointment. If you have the details of the others who were also refused bring them along.
      Grant Williams

  67. hi,
    I loadge my TR last year in 2010 ..this year , in August , it refused from the dIAC , COZ THEY SAID , I didnt submitted my assesment for the course which was community welfare course , on the basis of which i loadged the TR application . I submitted to them all the documents, now My case is in MRT . CURRENTLY , I am A registered nurse and working as a Div 1 in hospital , i want to loadge another application for ENS and employer happy to sponser me, but what to do for the section 48 bar… that i cannot loadge any other application ..

    • Immigration Pty Ltd

      Dear Yasmeen
      First you need to get professional help with this type of application. I see so many that get rejected due to employers and /or applicants not really understanding the ENS process. Secondly you’ve already had a refusal so you can’t afford to have more problems.
      Theer is a way to do this that involves using the BVB capacity of the BVA you hold in relation to the MRT. The Nomination is lodged onshore and approved and you travel ofshore while the ENS offshore application is lodged in Australia. You return and continue working and waiting for the MRT review. When they are ready to grant the visa you will need to go offshore again.
      Complicated but possible.
      Grant Williams

  68. Hi Grant ,
    I just wanna know that Does name of MRT applicant appears on the high commission’s website after visa has been refused so high commission of other countries can have access to it …?

    Regards
    Dinesh

    • Immigration Pty Ltd

      Dear Dinesh
      If you go to the MRT website and look under “Decisions” it will lead you to thousands of case decisions all of which identify the applicant. Just Google it.
      The decisions are all reported back to DIAC so they don’t need to look on the MRT website they will be in the clients physical and electronic files already so any authorised DIAC officer can see them there.
      Grant Williams

  69. Dear Grant ,
    my name is nik. i year back, my student visa was refused and i applied for MRT and i won the case. The immigration then, after a few months asked me for another bank statement, ielts, medical test and everything and i did so accordingly,but got delayed by a few days. Now its been already more than 3 months, i have not heard anything from the immigration. everytime i email them, i never get a response, also, my working right has also been cancelled for over a year now, and life’s hard without work here. i dont know what should i do now? please help!

    • Immigration Pty Ltd

      Dear Nik
      Why was your work permission revoked? Did you apply originally after your visa had expired? Are you on a BVC?
      It is not unusual for DIAC to take some time with cases remitted from the MRT – I guess they don’t like to lose.
      What do you mean by “but got delayed by a few days”? Did you provide the requested documents within the specified time frame?
      Give me some answers and I’ll be able to make some suggestions.
      Grant Williams

  70. thanks for the response, grant! its nik again.
    this morning i consulted my migration consultancy, that my documents were sent within the time frame. i dint get delay.
    to start off with , i lodged my application when my visa had already expired(by 1 day), and then after my ielts score took a bit of time and then i had to redo the test, which caused the process to slow down even more. and finally one day, i got this letter saying that they have refused to grant me the visa. this is when i applied for MRT, until then, i had no idea that my working rights had been ceased. the basis on which i won the case was my sickness due to which i could not do the test on time and i did provide medical evidence of that as well. thats the story. now that the case is assigned to the immigration department, they are not willing to show my response.

    and, when i ring immigration to ask about the status of my case, they are not able to answer, and one of guys was very rude saying that if you cannot wait, you are always free to leave the country, which sounded disgusting!
    so yeah, i am still waiting from the immigration department. after having submitted all the documents(they wont even ask for anything else) i am still not anywhere closer to getting a visa. the only way i get in touch with my case officer is through emails, and i have tried a couple of time before but still in vain, no one replies to that, either. so at this point of time, neither can i work , nor can i visit my parents overseas, i am just no where. please help me with my situation. i dont know how do i get this done or how would i get in touch with these people.

    thanks a lot
    nik

    • Immigration Pty Ltd

      Dear Nik You’ve got to remember that DIAC process thousands of applications every week – many thousands. If every one of these applicants called or emailed to ask about progress they would never get anything done. If you continually hassle them (and I know you’re anxious etc…) they will just get annoyed as you’ve found out. They are nice [people just trying to do their job. Give them some space. Remember they did not create your circumstances – you did! Some out of your control (sickness – hence the MRT decision) some within your control (lodging the application late and not having the IELTS ready in time – forward planning). The DIAC officers don’t make the rules they just have to apply them.

      Try making an application to change the conditions on your BVC to allow work – Form 1005 – no fee – but you do need to show financial hardship. There’s a post on this on my BLOG – just Google and it will come up. Grant Williams

  71. HI grant it’s Nik again ,sorry for asking you a lot of questions?
    Grant is there anyway that i and my partner could travel back to my home cause my father is not feeling well back and i’m the only son .please let me know if there is any way out for this……
    Regard’s
    Nik

    • Immigration Pty Ltd

      Dear Nik A BVC has a NO TRAVEL condition. This condition is mandatory. Cannot be changed. If you depart on a BVC they will not allow you to return. Grant Williams

  72. Please email me privately, thank you

  73. Hello sir
    I have a question about 885 application.The question is I lodged 885 on May 2011 and I got case officer in end of june and Requested for IELTS score.But I did not met the required bands.Then I didn’t got answer for 3 months,after that I got email again from new case office allocated to me.Now still I am not getting the desire score in 1 of module.My Ielts score are L-6.5,R-5.5,W-6.5,S-7,every time I am getting less in Reading.Though I got 6 in reading before this but 5.5 in writing.The deadline to provide is 15 Nov.I have applied for Rechecking after because I was confident about my Ielts that I will get through.Do they will wait until I get my result back or not.
    The other question is my wife is pregnant and she is included in application.Due to that she did not went for X-ray.Will my file be deferred until her delivery or not.
    Can i apply for MRT if I got refuse answer and give my IELTS later on to MRT.Will it make any difference.
    Thank you
    Please reply privately.
    Plz help me.

  74. hi dear ,
    i did hair dressing course in 2009. my 485 visa rejected and diac give reason tht they visit two times at hair salon from where i got experience.owner unable to identified u as a past employee. after tht i send one more letter from owner on his letter head statede that i was working in his salon as volountary bases . he also wrote he(owner) had misunderstood immigration officer’s questions abt paid or volountary employee . officer give one more reason tht i didnt give any third party reference .
    now my case is in MRT .i applied my 485 visa in oct 2009 .is there any conditioin on me to apply my PR before 31 dec 2012 . if yes then is there any other option for me to apply PR if result comes late after dec 2012 .
    and also one thing can i apply now for any visa like pr or on my husband behalf .

    • Immigration Pty Ltd

      Dear Raj
      DIAC must have given you a time deadline to provide the IELTS. If you do not meet the deadline they can and probably will refuse the application.
      If you have met every other criteria except your wife’s medical (including IELTS) they will hold off on visa grant until the medical is complete.
      If you are refused you have an automatic right of review to the MRT. If it is refused as you did not pass the Points Test at time of decision due to your IELTS you will also lose at the MRT. They cannot change the law. No the MRT cannot consider an IELTS result gained after the date of DIAC decision.
      Grant Williams

    • Immigration Pty Ltd

      Hi dear? now that’s a new one.
      Dear Robin
      Your situation is more complicated than you think. My short answer would be no to each question. You may have some hope at the MRT given the story you tell but you would need to make sure it is fully documented for the MRT to consider.
      I’d suggest you get some professional advice. Someone needs to look at your situation – MRT, other possible applications, your husband’s capacity to apply in detail. This is not what this BLOG is for. I can’t prudently do all of that in this way.
      Grant Williams

    • hey
      i am also in same situation. i have also tried to apply for 457 vemployer sponsorship visa. i went to immigration and they told me u can apply any visa in australia but u can apply offshore. result will be refusal or invalid application. i tried but all worthless.. so no hope now for 3 years or we have to win in mrt. ur husband also involved even he cannt get pr or sponsorship visa, he can apply only. i tried all things in all ways and spent alot money. so plz save ur oney and time.
      or get an appointment with immigration they will explain to u everything

    • if u have r trying any other option then tel me plz. what ur doing.

  75. hi grant
    Robin again. so according to u there is no hope in my ase. but i was working in that salon, i have all documents from employer, the letter he gave us to provide case officer,even after when my case was rejected he is ready to help me and also gave me statutory declaration to provide to MRT, cant these all things work in my situation.

    • Immigration Pty Ltd

      Hi Robin
      No that’s not what I said.
      I said that you have some hope at the MRT as they will consider all the documents you’re outlining for the 485 application. My point is that somehow this has not been clear to DIAC, therefore I’m suggesting you get some professional help first with the MRT and then to investigate what if anything else you may be able to do.
      Grant Williams

      • hi . so how long mrt will take to give decision of my 485 rejection case (guess ) .i lodge first week of oct 2011. where abts u . can i consult with u personally if u r in sydney .

      • Immigration Pty Ltd

        Dear Robin

        Sydney MRT cases in your visa area are taking up to 2 years to be allocated a hearing date.

        Yes I’m in Sydney as are many many Registered Migration Agents.

        If you’d like to see me my details are below. You will need to call to make an appointment.

        Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

      • hi Grant
        robin again. i asked for FOI and i got whole file this week but after i read that couldn’t found anything specific. in this file only information i provided to immigration and immigration provided to me is included. when we ask for FOI do they provide us whole information or department can hide some information about case, if yes is there any other way to get that hiddn information or not because i m feeling like they left some suspence in information.
        thanx

      • Immigration Pty Ltd

        Dear Robin Yes they can withhold what they consider info that may compromise security, a third party etc… If they do this it will be notified in the cover letter that came with the FOI info. If they have you’d need to go to court to attempt to get access. Grant Williams

    • hello robin,
      declaration is not enugh to prove. i was in same situation, i couldnt win frm MRT. May be ur employer will be chinese or philphines. so thats why declaration will not be accepted

      • hi kevin thanx for ur help. can u plz tell me everything in detail about ur case. wat u did wat was result and can u plz suggest me wat i have to do. wat were weak points in ur case so we can prepare for that. how MRT process these cases,like wat type of questions they ask wat type of proof they want,do they ask employer to come in mrt too. after how long ur case was open and decided. where r u now and wat decision mrt gave and wat u did after that reply me on my email if u can plz will be very helpfull for me nnnsydney@live.com.au

  76. Robin sandhu
    i was in same situation.u cant win in MRTeven u provide declaration because may be he provide same documents to all , who r in same situation. you have to demonstrate urself in DIAC.

    • hi dav thanx for ur help. can u plz tell me everything in detail about ur case. wat u did wat was result and can u plz suggest me wat i have to do. wat were weak points in ur case so we can prepare for that. how MRT process these cases,like wat type of questions they ask wat type of proof they want,do they ask employer to come in mrt too. after how long ur case was open and decided. where r u now and wat decision mrt gave and wat u did after that reply me on my email if u can plz will be very helpfull for me nnnsydney@live.com.au

  77. Hi Grant,
    My Name is Shiva ,i want to ask you some question which is troubling me at the moment.My waiting for my visa from Immigration after getting reviewed by MRT for student visa.And has already been more than three months .First i have wait for MRT for a year now Immigration .And they also took my working Rights.And then i thought of going back to my country coz its already been a long time .But when i told my father about that he said me that i cannot come to my country aswell because some peoples dont want me to go back to my Country,they have told my father that they will kill me .My father is a actor and he is a known face back in my country and he told me that some people (……….) been asking him the ransom money and he did pay them few times due to the threaten but this guys were asking him the money again and again so my father stop paying them the money and report it the Police .And then after he got a call again from this person and been told that ,they know where there son is living and they have given threaten to kill me .It was on the News paper aswell .Grant i want to talk more about it please e-mail me on my e-mail address–
    Regard’s
    Shiva

    • Immigration Pty Ltd

      Dear Shiva
      I have sent you an email and removed your email from the BOLG
      Grant Williams

  78. Dear Grant,
    Hoping you are having a good day.
    Could you kindly advise if I can apply for a new student Visa on the circumstances listed below (and will it be accepted).
    I came to Australia in June 2009 on a 1 Year student Visa and as wanted to prolong my course hence applied for an extension for one more year in August 2010. The university gave me a wrong COE hence DIAC rejected my Visa on which i applied for MRT whilst also getting a bridging visa C. After waiting for almost a year and due to family commitments i had to leave Australia in August 2011.
    Now would it possible for me to get a Student Visa if i wanted to complete my Studies in Australia or is it a lost cause.
    Thank you for giving my query your time & attention.

    Regards,

    Haider

    • Immigration Pty Ltd

      Dear Haider
      Nothing bars you from making a new Student visa application. You will of course have to meet all the relevant criteria.
      Grant Williams

  79. Hello sir , i really need your help regards my matter , i was misguided by immigration agents and they still look for different ways to take money from me . i came here on 573 visa ,when i was just left with one week of studies of my diploma of hospitality management , my Tafe school closed s ,because of that ACPET took 2 months time to enrol student in other colleges . i was very so depressed and couldn’t understand what to do. i didn’t join that school where ACPET asked to go . Then i went back to india for 7 months , and came back and applied for visa extension to complete my diploma . My application for visa extension was rejected by DIAC and then I applied for MRT . Now the school from where i got my new COE (on which i applied for visa extension ) asked me to pay them school fees . I am really not sure what to do , if i pay them school fees and later MRT refuse my application , that money is a waste . what happen if out you are waiting for your result from MRT and your COE on which basis you applied for visa extension get cancelled . that school management said to me if i dont pay them school fees , they cancel my COE and i have to go back to india without my result from MRT. please advice me what i can do or should do.

    thanks.
    kabir

    • Immigration Pty Ltd

      Dear Kabir
      The College can cancel your COE however as you are at the MRT they cannot in any way make you return home. That is just a tactic to get money. As far as the MRT goes if you are not enrolled with a valid COE when they eventually get around to looking at your case they will write to you and point his out. You can then enrol and within the time frame the MRT give you to respond and send them the COE. No one can be expected to keep studying forever and the MRT is taking a very long time to get to cases.
      However as you point out the MRT may not find in your favour and then you will have wasted the money. You’d need to be confident that you will win at the MRT. I cannot comment on this you should seek sound professional advice on this matter.
      Grant Williams

  80. Kulwinder Singh Sujawal

    Dear Sir

    I have studied advanced diploma in hospitality management and have genuinely worked for one year in a restaurant for as a cook. I applied for TR but after waiting for a long time the department asked me to provide further proof of the 900 hrs of experience that I provided like statement of the colleagues and some customers on a statutory declaration form, I contacted all of them but all in vein. Finally after spending a long time on the bridging visa I was fed up and withdrew file and went back to my country. Now after one year I again want to go to australia for higher study, but I am bit worried that would I be able to get my student visa as according to my immigration history I applied for TR while I was in Australia last time, as for getting student visa the immigration officer should be satisfied that student will come back after completion. I’ll be very thankful for your kind help. Thank you

    Kulwinder Singh

    • Immigration Pty Ltd

      Dear Kulwinder
      On 5 November the rules for new Student visas changed. You now must convince DIAC that you are a ‘genuine temporary entrant’. Your immigration history under the old system suggests that you have an ambition to apply for PR.
      This is a new system and no one can tell you what will happen. My suspicion is that it will depend on your level of study. If you are seeking a Higher Education / University visa it may be OK.
      Grant Williams

  81. Dear Grant,
    I applied for student visa on 14sep. but my visa refused on 15nov. case officer asked me for IELTS or official transcript. i send them letter with 51%completion of study. i would like to know if i will go for MRT can i get student visa and how long it will take.

    • Immigration Pty Ltd

      Dear Harjit
      DIAC asked for your transcript and it would appear they were not satisfied with it from an English prespective. Yes you can go to the MRT. It may take up to 2 years depending on where the application is lodged (which city). I cannot say if you will win as I have not seen any of your paperwork – impossible for me to say. Get some professional help!
      Grant Williams

  82. Dear grant,
    Sir, I have an enquiry about my 885 visa application. If you can help me by answering this , it will be very helpful for me.I have lodge my PR (885 visa) application at 2009. My occupation was cook. I have done TRA assessment(successful) and 1 year experience as a cook. However, after I lodge my PR application i did not work in any restaurant. So, my question is : If i get appointed a case officer in future , can he ask me what i am doing right now or why i am not in cooking?Will my visa application be cancelled because of this?Because , whenver i get any CO, i need to fill form 80 and form 1221.By the way, i aleady got my TR..
    Thanks in advance
    Raz

  83. Hi Grant,
    My Temporary residency application was declined in year 2010 because of the reason that i lodged my application 2 days latter of the six months time after i finish my studies. i lodges my application in MRT and still haven’t got any respond yet. Now my question is, i m going to get married to my long time girlfriend who got PR 6 months before, should i withdraw my MRT case or what other option do you suggest.

    Thanks Grant.

    • Immigration Pty Ltd

      Dear Jimmy,
      First rule don’t withdraw anything until you get something else…its a generalisation and there are exceptions but not in your case. Once you’re married you have a viable Partner application option of some sort but you’d need to get someone to look at the case to see how to do it.
      Grant Williams

  84. Hi Grant,
    I am doing bachelor of nursing in Darwin(completed 1st year at CDU campus). I applied for the student visa extension in march 2011 for visa subclass 573.Though i had sufficient evidence of funds, still i got refusal for visa extension. I applied for MRT and still waiting for the decision.My question is, as i did cert iii in aged care from melbourne and had relevant work experience, I am working as a disability support worker on casual basis. my employer is willing to sponsor (nominate) me as a disability support worker. I have the desirable engilsh requirements and I want to apply for RSMS visa (857). As I am on bridging visa A, am i able to apply PR. How the MRT will effect my case as it would be certified by regional certified bodies. Also, after applying should i have to withdraw my MRT as new visa will be issued.
    If its not the right time for applying RSMS visa now, should i have to wait for upcoming EOI in july next year. Your reply would be much appreciated.

    • Immigration Pty Ltd

      Hi Ruby
      s48 stops you applying for anything onshore so the 857 won’t fly. If you win at the MRT then get the TU visa back then that’s another story again. So onshore is not an option. Don’t withdraw anything until you get something else. Waiting for the EOI will not allow you to stay while they think about your offer to migrate – you may still be waiting for the MRT when this EOI system starts however. Have you considered the employer sponsored option – UC 457 Business Long Stay visa? You can get this lodged if an employer is willing to Sponsor you. It’s messy as you’ll have to depart on a BVB to allow the third or visa application section to be validly lodged and then return and wait.
      If you’re going this way get professional help – no employer will a) understand or b) be able to manage this correctly.
      Grant Williams

      • Hi Grant, it’s Ruby from Darwin. I had applied for visa extension for subclass 573 in march 2011 and get refused. I had gone through the documents 100 times before I send them to Diac but still the case officer refused it without asking further requirements and below are the silly reasons why she refused. 1. I was suppose to show $ 100,000 for three years of study and living expenses ( for me and my husband ). I had shown $ 103,000 in Indian Rupees Among which 25% was fixed deposits on my parents name and rest of them were in savings.The bank issued the letter that a Loan of upto 90% extent can be issued against the savings ( overdraft limits). But the case officer refused to accept the letter ( overdraft limits) as She mentioned that an exact Loan has not been issued. 2.Secondly, I forgot to attach the photocopy of my passport. Again she got the silly excuse and she mentioned that you can prove that the loan can be avail for the studies of the Applicant(me) but how it can be seen that the other applicants in the letter are my parents. I was amazed of the decision as she make the decision just the next day after I send the documents and post me the refusal letter without contacting me through other source. Now my question is what are my chances of winning at the MRT. How long does it takes these days. Are they going to call me to Sydney for the hearing.Do they normally focus on the same same situation when it was refused or they can ask to show further funds ( required for the remaining course after the MRT opens). Your reply would be much appreciated. THANX !

      • Immigration Pty Ltd

        Grant is away please read the last post on his Blog in relatio to an answer to your enquiry

      • Immigration Pty Ltd

        Dera Ruby
        From what you have told me it sounds as if you would have a reasonable case to take to the MRT. They are taking a long time – up to 2 years.
        Yes you may need to travel to Sydney unless a very good video link is available. I always suggest that clients attend a hearing.
        The law relating to o/s student loans does require the loan to specify the student and studies in question.
        The MRT can only look at your application and the Migration Regulations that have been applied – that is they apply the law and no you cannot now show other money it is what you showed with your application that they will focus on.
        Grant Williams

  85. Dear sir,
    I came to Australia on 573 and after a year I granted PhD. scholarship. I applied for 574 Jun-12-2011, it was before 573 expiry date-, currently I am on bridging VISA and I am waiting to date. DIAC says there is something that they are waiting for and they said this stops my application. Could you please let me know what would be that thing. Could you please let me know what would be that thing?

    with kind regards

    Alireza

    • Immigration Pty Ltd

      Dear Alireza
      Without seeing the documents you have supplied to DIAC with your application there is no way I could possibly know. have you given them all the information about your scholarship? Who granted this scholarship? If it comes from your country DIAC may be trying to confirm this from there. They check everything when it comes to financial matters relating to students.
      Grant Williams

  86. Derar Grant,
    I got my scholarship from UOW and it covers tuition fees and living expenses. I also submitted my bank statement which shows I am receiving the stipend. I asked them if they need any other documents and they answered no, they are waiting for something. This is very bad situation for me and my mind is ticking. I can’t find anything wrong with myself. Do you have any idea.

    Thank you so much
    Alireza.

    • Immigration Pty Ltd

      Dear Alireza I’d only be guessing. Where are you from? I cannot imagine it’s a security issue as you already had a 573 visa granted. DIAC make integrity checks on any documents that they suspect but again I can have no idea as I have not seen all the documents you have supplied. Do you have a Case Officer’s name? Where was the application lodged? Sydney? If you have a contact or if you have a copy of your application it may be worth coming to see me and I can then attempt to talk with DIAC on your behalf. I cannot do this unless we meet and you sign the appropriate authority documents. Grant Williams

      • Dear Grant,

        Thank you so much for your kind attention. I am from Iran. Could you please tell me where is your office and how much are the expenses of this process.
        cheers,

        Alireza

      • Immigration Pty Ltd

        My office in the Sydney Central Business District near Chinatown. Initial consultation fee is $150 Address below in red

        Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

  87. Dear Grant,

    I forgot to say that I lodged my application through Sydney office and my case officer name is Vera.

    cheers

  88. My Student visa Cancellation revoked by MRT means Faverable decission for me. when i go to DIAC say that your Student visa expire because of my MRT take 1 year time to got decission now DIAC say to go back to india and apply again. Why i will not get student visa onshore?

    • Immigration Pty Ltd

      Dear Sam
      That sounds wrong on the surface. However if the MRT reveresed the DIAC decision to cancel your student visa then the visa you had before still had the same expiry date. If the visa expired before the MRT made a decision DIAC are correct I’m afraid. You get your money back from the MRT and there will be no ban on a future application but an expired visa is just that – expired. Does not seem fair I agree but the back log at the MRT is causing many similar problems.
      Grant Williams

  89. Hi,

    I have applied for Sponsored family visa 679 for my mother, and it got refused by the immigration departement due not compliance with 679.224. I now have the option to appeal in MRT which will cost 1540$ (770$ refunded for favourable decision). In your initial blog you mentioned that it took up to 1 year for MRT to process these application, i also checked on their website and it said if i apply on 05/12/2011 it will get an answer in May 2013!!!!!.

    My mum purpose of visit is to help us in our first baby which is due in 17th of february 2012. Since all our family is overseas , and we don’t have any immediate relatives in australia to assist. Is it possible for the process to be expedited due to such reason?

    Thanks

    Wissam

    • Immigration Pty Ltd

      Dear Wissam
      MRT processing times are very long. If DIAC gave you a reason for the refusal that can be fixed make another application and address the problem they highlighted. You can apply to the MRT for priority processing – look on thier website for guidelines for this. Just asking however does not guarantee that they will grant your request. Everyone wants priority. You’ll need to make a complelling case for them to even consider it.
      Grant Williams

      • mohammed ghouse mohiuddin

        Hi Grant,
        Thanking you to help us regarding these issues, my name is mohammed ghouse mohiuddin i was refuse 885,i have an issue for your kind consideration, i am under MRT and filed the review in october 2001 and expecting hearing next year.The request is i am a married person and is on BVC.And cannot travel, i would like to make an inquiry that if i apply for visitors visa for my spouse and child whether there are chances of getting their visa.please advice .

      • Immigration Pty Ltd

        Dear Mohammed
        I’d say the chances of them getting visitor visa approval are quite small. You’ve made a PR application and they will assume that they are not genuine visitors. You can try of course but don’t build up your hopes.
        Grant Williams

  90. Dear Grant,

    I am really worried about my situation. I applied for TR (485) last year and at that time, I didn’t get my IELTS results, so I attached only the receipt. I was pregnant at that time and my baby was born prematurely. I got my results of IELTS as L-7, R-6.5, W-6.5, and S-5 (I didn’t perform the test well due to my pregnancy complications). I am unable to do another test since my baby needed extra care. Recently, I got an email from DIAC that the case officer was allotted to my application and he requested me to provide some documents including Indian police clearance and IELTS results in 28 days.

    The earliest IELTS date I got is 3/12/2011 and results will be available on 16/12/2011 but my 28-day due finishes on 8/12/2011.

    In the meantime, I sent my IELTS booking receipt with other documents, but the case officer sent me a reply stating that no further time will be allowed for IELTS results as that is a time of application criteria. Then, I replied him explaining my situation and requested some extra time. He replied me that due to my circumstances with my baby he will not make decision until after 16/12/11 but decision will be made after that date.

    My concern is what happens if I didn’t get 6-band in all tests? (I am sure I will get more than 6 band).

    I applied for Indian police clearance and it may take up to 2 months to get the clearance. Will the case officer wait until I got the clearance or make the decision before that?

    • Immigration Pty Ltd

      Dear Niha
      You have two problems.
      The simple one is the Indian Police cert. DIAC know how long these take and as it is a time of decision criterion you need to show them you have applied (receipt) and they will just wait until it arrives before granting the visa.
      The IELTS is more complex. If they give you the extra time (which they don’t have to) and the results is 6 or above in each band you are OK.
      If you do not get 6 in each band they will refuse your application.
      They can refuse your application after the date specified 8/12/2011.
      You’ll just have to see what happens. But make sure they get the IELTS asap if you get 6′s
      Grant Williams

  91. Dear Grant

    Hi my name is Chris, Its really great that you help desperate and confused people. I have a few questions too regarding my MRT case. On mid 2009, I lodged an application to extend my student visa. The application was refused because i forgot to extend my health cover and as a result a did not have a valid health cover. I lodged my MRT appeal on September 2009 and i just heard from them on mid October 2011 to go to the hearing. I actually went to the hearing and i was given some extra time to sort out my situation. As i currently graduated from the university, my next plan is to apply for A temporary residency (485). I discuss this problem with the DIAC
    and i was told that i could not apply for a the Temporary residency visa due to not having a student visa for the last two years. So my question is, if i can come out with CoE for a short course, will it be favourable to me?Also, is there any other option for me to apply my temporary residency onshore?Thank you for your time.

    Regards

    Chris

    • Immigration Pty Ltd

      Dear Chris,
      I’m not clear are you saying that the MRT found in your favour? Or is the case outcome still pending? What was it that they gave you time to sort out? Are you referring to the fact that they would have wanted you to have a valid COE for them to decide in your favour?
      DIAC are correct about the 485 visa as you are now well outside the 6 months waiver period from the date of completion of your studies.
      Basically I need more info to able to give you an opinion.
      Grant Williams

  92. HELLO Grant,
    I am in deep trouble now.My TR application has been rejected,because my agent failed to upload all the documents on time.She admitted her mistake and asked me to file MRT .She is willing to admit her mistake before MRT. I was given only 21 calendar days to do that.I filed MRT through a lawyer and he faxed application Also I authorised MRT to charge fee through my credit card.But i failed to ensure $1570 is in my account as i had lot of transactions during the time.I put the cash today
    and my agent let MRT about it today.Will there be any problem with my MRT application?.My bridging visa will expire on 13 December 2011.will i get bridging visa as i failed to pay for MRT application on time?

    • Immigration Pty Ltd

      Dear Jose Jacob
      Somewhere between your lawyer and your agent they should be able to tell you if your application has been validly lodged.
      It all depends on the timing. An application is only taken to be lodged if the payment($1540) has been processed by the deadline.
      If you have not paid on time you have a problem as the mRT may say you have not validly lodged the application for review. No application = no BV I’m afraid. You need to ask these folk who I assume you are paying this question.
      Grant Williams

  93. hi my student visa was cancelled but i am enrolled in different university i am applying for MRT but my visa expires on march 2012 can i continue study after applying for mrt or do i have to go back after the actual visa expires.

    • Immigration Pty Ltd

      Dear Sara
      If your student visa has been cancelled you do not have any visa at the moment. What did DIAC tell you when they cancelled your visa?
      What was the basis for the cancellation?
      Grant Williams

  94. sandeep kaushal

    Hi Grant this is sandeep kaushal i already been in ur office. i want to knw one thing about GSM my younger brother in india rgt now he is working as a engneer. he has done B tech in mechanical production and got three years experience.he want to apply for permanent in Australia .so what is the requirement …..He already got 6 band each in IELTS.is it easy to apply in mines for GSM as they need skilled people ……M very confused plz let me knw that is he eligible to apply ? i will be very thankful to you.
    Regards : sandeep kaushal

    • Immigration Pty Ltd

      Dear Sandeep Way too complicated question to be answered over the BLOG. I’d need to see his resume, do an assessment and then I’d be in a position to tell him his options. Grant Williams

      • sandeep kaushal

        dear grant thanks for reply.i will get resme of my brother and mail it to yo for an assesment for GSM.
        regards: sandeep kaushal

  95. hi i done hospitality managemant and commercial cookery . i m working in same feild i was on 485 visa . its refuged now . i hve regional area sponsership . is it possibal to apply 857 (rsm) and MRT OR JUST MRT AND 457PLZ LET ME KNOW AS SOON AS POSSIBAL THX

    • Immigration Pty Ltd

      Dear Mandy
      Are you saying that you lodged a 485 application and DIAC has refused the application? If so when (date of refusal) was it refused and how were you notified (mail, email) ?
      I need to know this before I can give you any answers.
      Grant Williams

  96. hi i am paul. i applied for student extension but DIAC refused my visa reason fund problems.10th nov i applied for mrt .please tell me i will be eligible to apply any states sponsorship.i have go back my country when diac take decision(offshore) .if decision will be not my favour can i come back australia and i need to continue my study during state sponsorship

    • Immigration Pty Ltd

      Dear Sukhpal
      You have applied to the MRT. You have returned to your home country. On what visa did you return home? (BVA, BVB, other?)
      I need to know this before I can consider your question.
      Grant Williams

  97. dear sir
    hi thnks sir for reply becouse ilets socore they refused in reading just 5.5 they said its not sufficent so thats why they refused on monday they give 21 days for mrt …….. now i got sponsership in hotel in regional area is it possibal to apply mart and 857 visa or any other visa thx

    • Immigration Pty Ltd

      Dear Mandy

      As you have had a onshore visa refusal Section 48 of the Migration Act prevents you from making an onshore (in Australia) application for another visa. You can of course lodge the MRT and this will allow the Bridging visa you currently hold to stay in place until the MRT make a decision on your application for review.

      So no you cannot lodge an 857 application in Australia.

      It may be possible to depart on a BVB and have the application lodged while you are overseas, you then return on the BVB and wait for the application to be processed. You’d have to leave again to get the visa granted. Complicated and you will need to get good professional help to get it done this way. This will only work if you are currently on a BVA. Grant Williams

  98. my ilets score is not good they give me 28 days to provide docoments such as medical ilets 6 each i couldnt becouse i hvnt 6each band so thay if ur unavalible then u can ask for extension ….. i asked for extension but they didnt give becuse i hvnt recived my mail so thats why they refused 485 visa thx

  99. thx so much sir

  100. hi sir h r u sory for again q is it possibal to apply ofsore 457 or any offsore visa

    • Immigration Pty Ltd

      Yes Mandy you can make any offshore application an onshore refusal and section 48 do not directly affect offshore applications. Grant Williams

      • sandeep kaushal

        Hi Grant this is sandeep kaushal.I am on dependent visa .my wife got refusal and we applied for MRT.We are on bridginf visa A.my wife went to USA from her company for job purpose.i am in sydney .as one of my relative is very sick in India and i have to go there ASAP before 23rd do i have to get Bridging visa B. As my wife got Bridging visa B last week before she went to USA.do i need to go to immigration and what documents i have to show them…..is there any effect that my wife is not here as she is main applicant. i am on dependent visa……plz let me knw so i can take further step ASAP.than-x
        regards: Sandeep Kaushal

      • Immigration Pty Ltd

        Yes you must get a BVB. No the fact that your wife has a BVB for work is not relevant. You need to show them some evidence that your relative is sick. This is a quite reasonable reason to travel. Take your self + your passport + completed Form 1006 + your evidence and go to DIAC. Grant Williams

  101. hi Grant,

    my wife student visa case filed MRT bcz of refusal of student visa. i was allowed to work 20hrs when she was student, can you please let me know whether i can work full time aor not ?
    i think i am on bridging visa A
    thanks for your help

    • Immigration Pty Ltd

      Dear Jitendra
      You need to make sure of the conditions on your student dependant bridging visa. I cannot say from the information you provide. However it is possible that your BVA has the condition that allows ONLY 20 hours work. Go into DIAC and ask or make am appointment with someone and have it checked for you. You can also go onto VEVO on the DIAC website and check. Often the primary visa holder can work full-time but the dependant cannot. The only way to be certain is to look at the Schedule 8 conditions on YOUR visa. There is no general answer.
      Grant Williams

  102. Hello grant,
    I have an enquiry that my student visa 573 got cancelled 10 days before due to not enrolling studies as long as student visa was valid.It happened because after finishing commercial cookery i applied for 485 visa in march 2011.I really didn’t know that i need to downgrade my rest of visa, i thought only study needs to be downgrade which i did and finished 6 months dip. of mgt. course.My college informed me that your visa has been already downgraded and updated in immigration system.The only mistake i did i didn’t see immigration because i was thinking I M ON BVA.
    Now i have applied for MRT 5 days before for cancellation of my student visa.
    Now i want to know how long MRT will take to make a decision?
    Do yoy think MRT decision will be in my favour?
    will MRT will impact on my 485 application?
    thanks.

  103. hi sir this is sue. 5th nov. 2011 i applied for mrt ( i applied for student extension but diac refused reason fund problem) now am i eligible for state sponsorship.the application will offshore . can i come back australia if the decision will not my favour. what is offshore application .

    • Immigration Pty Ltd

      Dear Sue, You apply for MRT, if you were lawful when you made your Student application and you make the MRT application within the time limit you will have a BVA. You can then apply for BVB to travel. The application is then lodged while you are offshore. You then return on BVB and wait for both the MRT and the offshore application to be processed. As far as the state sponsorship and type of offshore application I cannot say as I have no other information about you. You need to get sound professional help if you want to follow this pathway. This BLOG is not a substitute for getting comprehensive professional advice. Grant Williams

  104. sir im on T R vic 485 which expire in jan 2012. i was not able to work in my field. is there any chance that i can get a student visa. bye the way have obtained a coe from charles darwin uni in bachelor programme. pls reply im in real trouble

    • Immigration Pty Ltd

      Dear DEVA
      Please only post a question in ONE place. You’re just wasting my valuable time if you post here and also email me!
      Answered on the email.
      Grant Williams

  105. Dear Mr. Williams,

    Myself Charles I had applied for Visa Sub Class 856 ENS. My application was refused – as the case officer was not satisfied with the training provided. Now when I want to re-apply a fresh application my Sponsor is not ready to help me. In this case should i withdraw my application?

    Thanks & Regards,
    Charles

    • Immigration Pty Ltd

      Dear Charles
      Generally when the Nomination is refused the application is refused in a cascade.
      Have they offered the option to withdraw the application?
      What visa are you on at the moment?
      Did you do the Nomination yourself or did the employer do it?
      ENS application need to be done professionally. There are quite a criteria that need to be met that you can only appreciate if you are familiar with DIAC Poilcy contained in their Procedures Advice manual (PAMS.
      Answer the questions and I’ll give you an opinion.
      Grant Williams

      • Dear Mr. Williams,

        First of all I would like to thank you for your reply and Wish you Merry Christmas.

        Am a Chef on 457 Visa and its valid till June 2012. My ENS was done by my employer and application was refused just saying that the case officer is not satisfied with the training provided by the Employer.

        My solicitor had sent me a mail saying the below.
        In the meantime, we have been requested by DIAC to withdraw you current application to ensure that it is not refused.

        Now my Employer is not ready to re-apply for PR so is there any other option? Or Can I buy a Small take away shop of around $ 20000 and run a business and then can I apply for PR after 1 Yr.

        Thanks & Regards,
        Charles

      • Dear Sir,

        Am a Chef on 457 Visa and its valid till June 2012. My ENS was done by my employer and application was refused just saying that the case officer is not satisfied with the training provided by the Employer.

        My solicitor had sent me a mail saying the below.
        In the meantime, we have been requested by DIAC to withdraw you current application to ensure that it is not refused.

      • Immigration Pty Ltd

        Dear Charles I believe I’ve already responded to this post. As you are on a 457 visa you should withdraw the visa application as per the DIAC offer. You then need to fix the problem and do it again if possible. Grant Williams

  106. Hi Grant ,
    This is Jess.i am just worried in my case . At the moment i am on bridging visa because my TR expired a month ago.and i am still waiting result on 487 regional sponsorship visa.I have been allocated a CO.He asked me to send current National Police clearance and medical which i have already sent.Then he asked me to send work experience references that i have done 2 years back .One of my employer for work experience refused to give me any letter saying that the coordinator i was working under no more working here.and they don’t have any records to give me any letter,but i have already got assessment of my diploma which required the same documents aswell.
    I have sent DIAC letters from both colleges stating that i have finished my work experience as per the diploma and college requirement. i am just worried,would there be any problem not getting the experience letter from my first employer.Please guide me what should i do ? I have been told by my friends DIAC will refuse my application for fraud experience.would i be given a chance to apply for MRT?Also my employer is ready to sponser me but i ma on bridging visa now ,would my diploma experience affect my employer visa application or not?To my personal understanding if DIAC is not accepting my diploma experience for 487 then they wouldn’t accept it for 857

    • Immigration Pty Ltd

      Hi Jess,
      I’d make sure that your CO is updated on your efforts to get the work reference. You could also try to get your college to approach the employer as they may have done the initial organisation of the job placement. Most unlikely that the employer does not have records they are just being lazy. Your friends are probably the worst source of information!Yes you can go to the MRT if DIAC refuse your application. Yes an onshore refusal will stop another onshore application until you win at the MRT. So best advice is to do everything that you can to get your application / visa granted.
      Grant Williams

  107. Hellow sir,

    I have revived a refusal latter from my case officer for GSM visa 176. I have my assessment as external auditor. I Used to work in a audit firm of Bangladesh. Local embassy officer visited there but unfortunately there was no responsible person over there and admin manager couldn’t show him any of my working evidence documents. ( Moreover Admin manager is not authorized to release any HR documents from the firm). Plus all most all Bangladeshi audit firm has paper based documents. they do not maintain those specially personal file ( no electronic means for salary n payslips). all are certified by HR directors or firms partners. Though i have submitted an explanation plus few other contacts address of my supervisor manager and partners of that firm and other evidence like team introduction latter signed by clients and also a hand written salary register’s copy ( which is maintained to pay 90 audit assistants payments).
    But case officer rejected me because he is non convinced I have worked there.

    Previously I have submitted on experience certificate and a salary certificate ..??
    How i can prove in MRT that I have worked in a proper role??
    and what are the additional evidence i can submit. and if firm can not maintain my personal file its not my fault…??

    What are the odds of being successful of these cases in MRT ??

    Thanks in advance
    Regards
    Kazi

    • Immigration Pty Ltd

      Dear Kazi
      Basically you have to start again and get documentation of your work with this firm. Affidavits from others who worked then at the same time as you, especially from anyone senior to you. Document the DIAC visit carefully as often they are less than as careful as they should be and make very little attempt to talk to the right person. Get affidavits fro those to whom they spoke and the indicate in a submission the person(s) that they should have spoken to so the MRT can then get it right when they check, which they will! If you did work there and you do all of the above plus your own Statutory Declaration the MRT will check and you’ll win.
      Grant Williams

      • Dear Grant,
        Thank you very much for your clear n nice reply.
        It will be very helpful for my case.

        There is another issue regarding My job in Audit firm. Case officer raised an issue about my job description and salary level. He is saying it is not 100% relevant with external auditor nomination. This happened because i did not elaborate my job description in my submitted experiences certificate but I worked in a proper role. It is just not given in details. I have completed 4 multinational and 3 local companies audit in 12 months

        I am bit confused about salary level. Salary in Audit firm of Bangladesh is always low basically for those people who actually started to work in primary position..
        How can I Solve this issue of job description and salary level ..??

        Thanks in advance.
        Will be very grateful if u can help

        Regards
        Kazi

      • Immigration Pty Ltd

        Grant is currently overseas and will be back on 17 January

      • Immigration Pty Ltd

        Dear Kazi

        Reply to the case officer and give the extra or additional information about your role and the audits you have completed. In relation to the salary you need to show what the going rate for this job in B/desh is and that you were being paid accordingly. In both cases you need to get someone from your former employer to attest to your response – it’s not just good enough for you to do it without independent verification.

        Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

      • Case officer is claiming my employment is false or misleading. As my employment is genuine and authentic I have applied for MRT for my GSM 176 VISA.

        As from MRT website showing that it will take another 18 months. Meanwhile I want to apply for student VISA to complete a masters degree from Australia or New Zealand

        Well my query and concern is it possible to obtain a student VISA from New Zealand while my MRT is in the process ? As far as I know Newzeand DIAC and Australia immigration works together. As Australia refused my GSM 176 Visa showing false and misleading, moreover a MRT process is going on. If I apply for student VISA, Is this Australian issue is going to affect my student VISA of newzealand ?

      • Immigration Pty Ltd

        Dear Zazi Australian & NZ Immigration do not “work together” – they have different rules and are completely separate. Immigration NZ will ask you questions about previous applications and refusals and any pending cases. They do make bilateral checks with Australia. If you lie to them you cannot really expect them to grant you a visa. If you tell them the truth they will of course be concerned given the reason DIAC Aust refused your application. Your best option is to win at the MRT. If your work experience is as you say you should be able to prove this and win which will allow you to get the PR visa. I no longer do NZ immigration cases and perhaps you need to find someone who is an expert in this area. Grant Williams

      • You already Replied ..Thanks a lot Grant…:)

  108. Hello sir,
    i applied my pr with 1 year paid experience on july2008, i have not get any response yet.my do i need to do anything or just wait.secondly i start study bachelor of IT if i will get -ve response am i able to continue my study or any other option to complete my study?thanx

    • Immigration Pty Ltd

      Grant is away please read the last post on his Blog

    • Immigration Pty Ltd

      Grant is away read the last post on his Blog

    • Immigration Pty Ltd

      Grant is away please red the last post on his Blog in relation to a reply

    • Immigration Pty Ltd

      Dear Goni
      Given you’ve applied and I assume had the application acknowledged and you’re on a BVA all you can do is wait for DIAC to contact you when they start processing your application. If they refuse you will be barred by s48 from another onshore application.
      Grant Williams

  109. Hello Grant,
    My name is Amber and I want to begin by thanking you for taking the time to answer everyone’s questions, this is the most helpful source of immigration information I have come across and I have been looking! I have a couple of questions for you that are personal to my case but that could also be helpful to others out there as it is slightly different than most of the above situations. I have applied for a partner visa (defacto) at the Sydney office and currently have a case worker that has asked for more information regarding proof of the 1-year living together.
    I will tell you a short bit about my case:
    I am from the US and have been with my partner for 3 years. When we applied in February 2011 we had been together since April 2009. We moved into my partners fathers house in Dec 2009 until April 2010. This is really the problem, at the time we had paid rent in cash, we had no bills and had pre-paid phones. Basically we have no proof that we lived at this property together. We have searched and searched and there is nothing. It gets even more complicated, i was still paying a small portion of rent on my previous rental as I had moved out before our agreed date and this was mentioned in my application. So, i have a stat dec from my partners father and one from my old flatmate and that is all the proof we have. In April 2010 I went overseas for work and my partner went somewhere else to study, we both returned to sydney in August 2010, moved into his fathers place, which we have a little more proof of. In November 2010 we got joint bank account, moved into a property and are both on the lease, got joint bills and basically everything we need to prove our relationship. As i said before, we applied for the defacto visa in feb 2011 and were contacted by our case officer in december 2012 (10 months later) who has asked for more proof during the period of time december 2009-april 2010 but besides the declarations we dont have anything. I assume he will deny us on this basis. My CO sent us a letter requesting further information dated Dec 15 2011, it states that “you are taken to have received this request 7 working days after the date of this letter” and that I then have 28 calendar days beyond this to reply with such information. Due to holidays the 7 working days puts the date at the 28th of December 2011, then 28 calendar days from this is Jan 25th (wednesday). I am supposed to go to Papua New Guinea for 2 weeks for work stating next monday and returning on Monday the 29th of Jan. I told my CO this when he requested more info and told me to get the info to him this week (he is still out of the office on holidays until tomorrow) and that he would make a decision before the end of the week. After a lot of research I have determined that this is very risky for me because if he should deny me my visa I will not have enough time to lodge the MRT case before I leave the country on Monday.
    I have 3 questions:
    1) What are the chances of me getting an extension on providing the requested information to my CO till the 28th of Jan? This is an extension of 2 working days as Thursday the 29th is Anzac day. If he denies me the extension is my best bet to go to PNG and return a few days earlier and provide the information? Is it too risky for my partner to lodge the information on the last requested day?
    2) on the MRT website it says:
    “The Tribunal will refund $770 of your application fee if a favourable decision is made on your case. If the Tribunal decides that your application is invalid, you will be refunded the entire fee paid”
    this seems backwards to me and i just wanted to make sure I was reading this right, if they deny me my visa at the MRT they will refund me my fee????
    3) If we lodge our case at MRT the current wait time puts us up for review around Dec 2013. Thats almost 2 years, a lot changes in 2 years, my main question is, if my partner and I get married in the next 2 years will this have any effect on my application or the decision of MRT, if we get married and I am refused at MRT what are my options?
    Im trying really hard to be optimistic while at the same time planning for the worst case scenario.

    Im really sorry this was such a long set of questions. Any advice you have would be greatly appreciated.
    Thanks in advance,
    Amber

    • Immigration Pty Ltd

      Grant is away please read the last post on his Blog regardind a response to your question

    • Hi Amber,
      We are in a similar position as yourself. I suggest firstly to obtain Stat. Dec
      from anyone who knows you commenced your live in relationship when you did, friends, work mates etc ,the more the better. Secondly perhaps you have copies of emails you exchanged while apart which would indicate the relationship is continuous? Thirdly obtain records from your phone company which may show calls to you while overseas it may be possible with prepaids , guess you can only ask. Is it possible you have receipts for anything you have bought as a couple?
      The more paperwork you have the better – We thought we had nothing but found 1.25kg to send to the MRT after reading the rejection letter from immigration and countering every objection they had.
      We`ve been waiting more than 2 years for a hearing with the MRT so don`t expect a meeting anytime soon.
      Hope I `ve helped

      Mike

    • Immigration Pty Ltd

      Hi Amber
      Unfortunately you caught me overseas and unable to respond.
      I see someone else responded to your basic questions.
      Generally I have always been able to get extra time to respond but you have asked and basically the Co has said no.
      You must put every effort into getting the visa granted the whole MRT process is slow and very painful.
      No they do not refund you fee if you lose. You now get $770 back if you win and they remit the file to DIAC to ‘try again’. You used to get it all back but times are tough and the Govt needs the money I guess.
      Generally the MRT looks at the case at the time of application and does not consider what has happened since however in Partner cases I’ve seen some flexibility. I would think given what you’ve told me you’d win at the MRT but again that’s doing it the hard way.
      Seems to me you need to get some professional help with a) suggestions on how to respond and b) talking to and responding to DIAC>
      Grant Williams

  110. Hi Grant,
    Can MRT for student visa refusal hearing be extended?
    Thanks
    Ali

    • Immigration Pty Ltd

      If the MRT has set a date for a hearing and you can show some good reason why you cannot attend they may make a new date. But no there are generally no ‘extensions’ as you put it.
      Grant Williams

  111. Hi Grant
    My Student Visa was cancelled on grounds of unsatisfactory attendance and also as I changed my course and university. The cancellation of my visa occurred last year when I was enrolled in UNSW. The reason for breaching the condition was that I had Malaria and which was even examined by the university doctor and other specialist. Currently I am enrolled in Charles Sturt University and have Completed 8 subjects and currently enrolled in 4 subjects for summers. My MRT hearing is on 19th January 2012. The problem is that I am on bridging visa C and I have to travel to India for my sister’s wedding and it is a necessity for me to visit there as the part of our tradition.

    • Immigration Pty Ltd

      Dear Chandra
      If you depart Australia on a BVC you will not be able to return. If you win at the MRT they will instruct DIAC to undo the visa cancellation and you could then travel provided your original Student visa still has validity. There are no circumstances that allow DIAC to grant travel to a BVC holder.
      Grant Williams

  112. Hello Grant,

    So pleased to see the way you suggest people and reply to their queries, i hope you will be able to assist me as well. My student visa 572 extension has been refused and i was not updated about it. now its been almost 3 months visa has been refused , can is till apply for an MRT. Please reply to my query as soon as you can . will be really and highly obliged.

    Regards
    Akriti

    • Immigration Pty Ltd

      Dear Akriti
      No. The MRT application window if you were informed by mail 7 working dates from the date of the letter + 20 calendar days. If you are informed by email it’s 20 calendar days. There is no way to obtain an extension.
      I assume this means you are now unlawful.
      What do you mean by “and i was not updated about it”? The only way forward would be if somehow DIAC did not legally / correctly inform you of the refusal decision.
      Grant Williams

      • Hello sir, i am so pleased that you are giving good advices. I have a question regarding 457 visa. Currently i am in bridging visa on mrt. Is it possible to apply 457 visa?

      • Immigration Pty Ltd

        Dear Pushpa
        Yes but if you’ve been on a BV (and this only applies if you’re on a BVA) you’d have to depart Australia on a BVB to allow the 457 visa application stage of this process to be lodged. You then return and the visa can be granted while you are here. This visa of course requires an approved Standard Business Sponsorship and an approved Nomination for the the business you will be employed by.
        Grant Williams

  113. Hello Sir,
    This is Garry . i read your all coments about visas . actually last year my wife student visa cancelled automatically but after we made submission to revoke the cancellation and the submission was revoked after expired our substantive visa( after 28 days) so DIMA told us if you wants to continuing our study you have to make an application from offshore and that time they only give us 8 days. but in between some one misguide us and we apply for protection visa. but our protection visa is refused too now we have 28 days to apply RRT. is their any chances for us to get again student visa or are we eligible to study or work rights while our protection visa application in process .
    Thanx Garry

    • Immigration Pty Ltd

      Dear Garry
      That’s a mess. I’d say you have virtually no chance of getting another visa. DIAC may grant you work while you’re at the RRT but if you are not a refugee and that’s clearly their view they are not compelled to do so – it’s a discretion. Time to start thinking of what you what to do next back home I’m afraid.
      Grant Williams

  114. Davinder Singh

    hello Grant
    I was on 485 visa which expired on 8th January 2012. I did Professional Year and applied for 885 visa on 22 Dec 2012 but I was not aware of age factor because I turned 30 on 10 Nov. Could you tell me what should I do and can you tell me if I go with MRT and after that I got 7 in IELTS or meet the 120 points condition can I apply for 885 visa again or what options do I have. I am very depress because I meet all the requirements but unawareness gave me a huge loss.
    Kind regards
    Davinder

    • Immigration Pty Ltd

      Hi Davinder
      We have spoken on the phone and the conclusion as that the best option would seem to be a 175 GSM once you get the IELTS points.
      Grant Williams

  115. Respected sir

    I had student visa and have finished my two year study. Then i applied for another student visa. I provided all the sufficient funds and documents to the lowyer. He lodged a file but he provided just half of the documents the reason was the file was long and it was not posible to attach all the document and F. Ds. lowyer told us that we will get a mail from immigration for further documents. We did not recieve any mail but refusal for visa insteed. Then we applied M. R. T. and still waiting for decision from one year. There was not our fault but lowyer’s mistake. please we want you to reopen my file so that we can provide the remaining documents. Then you can make the right decision and we can have student visa.

    Thankyou

    Amandeep kaur

    • Immigration Pty Ltd

      Dear Amandeep
      I’d would be prepared to have a look at your case. You would need to call me to make an appointment and bring all the documents so I can have a look at them. Who is currently representing you at the MRT?
      Grant Williams
      JP 195363
      Registered Migration Agent
      MARN 0854799
      Immigration Pty Ltd
      Suite 35 / 647 – 649 George St Sydney 2000
      PO Box K1221 Haymarket NSW 1240
      Telephone: +61 2 92114694
      Mobile: +61 (0) 430351877
      Email: immigrationptyltd@gmail.com
      Blog: https://immigrationptyltd.wordpress.com

  116. Dear Grant Williams,

    My cousin submit the student visa in Australian Embassy in London and received an email from case worker that she returned the documents to his address without saying anything about the decision making at all. Based on your experiences, what is the likely chance of the decision making? Is it approved or refused at all? We desperately want to know about the last result cos the address she sent to was wrong so we haven’t got the letter in hand at all.

    • Immigration Pty Ltd

      Dear Nga
      You also called me and I suggested that your cousin should call the case officer to find out what is going on. Ask about the outcome. No good being shy it will not change the result.
      GRant Williams

  117. Hi Grant,

    You are a legend for helping so many of helpless!! I am trying to fill 1221 form for my visa 485, and there is a question asking me ” what is the general purpose of your journey/further stay”, how should I answer it? Should I just say, to make up my eligibility for PR application? I dont feel that is a great answer. Thanks for help.

    • Immigration Pty Ltd

      Hi Pete Just say currently in Australia on a student visa applying for 485 visa. This is a silly form but you’ve got to complete it – not sure if anyone actually reads it! Grant Williams

  118. Hi Grant, Also the form for 485 ( 1221 form) asks how long do you intend to stay in Australia ( from and to date), what should we put on this one?

    • Hello. Sir i apply for Mrt in June how long it will be take time i am going to India 2 Feb. Haveany problem to comeback my friend told immigration ask lot of us plzreply. Thanks

      • Immigration Pty Ltd

        Dear Pinder
        The time taken by the MRT depends on the case. If you have a student refusal for example it may take more than 1 year. As you are planning to travel I assume you now hold a BVA. If this is the case you MUST apply for a BVB ( Form 1006 + DIA application fee + demonstrate a substantial reason to travel to get this visa. You should apply in person within 2 weeks of wanting to travel. If you do not get a BVB ypou will not be able to return. If you do not hold a BVA you will bot get a BVB.
        Grant Williams

  119. Hi Grant,

    I discussed my MRT case with you before and my case is stated above in the comments.

    I am in big dilemma, According to MRT processing time, I am going through student Visa refusal case and i fell in priority 2 and that means processing time for my MRT case is minimum of 2 years from the date that i had lodge my application, however, my lawyers is convincing me that she will get an approval of my MRT case in upcoming 6 months. i am not sure whom to truth. I am looking to hear from you.

    Yours Sincerely,
    Tushar khanna

    • Immigration Pty Ltd

      Dear Tushar Your last comment was on 13 July 2011 – many thousands of comments ago – if you want to reference an OLD comment please have enough consideration for my time that you want for FREE to either copy it in with the link or at least the date to it’s taken me a long time to find what you last said! You have a lawyer. You are I assume paying them for their services. If you don’t trust them why are you doing that. Call the MRT and ask them if you case will be processed in 6 months. I can only tell you what I see everyday and what thousands of others on this Blog report to me. I’d be asking your ‘lawyer’ why she can tell you 6 months – what’s the basis for this time assessment. Have you checked the MRT processing calculator? Grant Williams

  120. Hi Grant, I apologies for the fact i did not copy and paste my old comment. This would not happen again,

    Stating further,The reason why i have chosen my lawyer because i was running out of time and i needed to file MRT. My Lawyer said her MRT cases has been solved very quickly and she will solve my quickly too. However, MRT has different views about timing of my case. yes, i did check the MRT processing calculator and MRT said it is for priority 1 and i fell in priority 2.

    • Immigration Pty Ltd

      What more can I say maybe she knows something I don’t – I’d be pushing her for an answer given that all other infomation available seems to suggest 6 months is unlikely. Grant Williams

  121. Hi Grant, just I have just applied for 857 visa and i am getting married after two months.I want to add my husband in my application ,he just got divorced in Oct 2011 from his wife.would I be able to add him on my application ,I have all the proof to show its a genuine relationship ,what else do I need to show ? what are the chances to get him on my visa aswell as he is on bridging visa at the moment.

    • Immigration Pty Ltd

      Hi Sanna
      Yes provided that DIAC have not started to process your application. You need to inform them of the change in circumstances and provide them with evidence of the genuine nature of the relationship. Once they open your file for processing they may be reluctant to add him in. I’d get someone near you (agent / lawyer) to help with this as it’s easy to mess this up as lines of communication in a huge system like immigration can get fuzzy and getting odd changes linked up to a single file amongst thousands can prove more challenging than they should be. Look at what DIAC want for a Partner application ( Aust citizen sponsoring a spouse or de facto partner) to get a feeling for some of the info they’d like to see to prove ‘genuine’ relationship. You won’t need all this but they will be ask questions as he’s just divorced and you’re just married. They will wonder if you’re just adding him in to help him out!
      Grant Williams

      • Hello sir i apply for briging visa b. I got 1year. Visa bvb that any problem to come back immigration ask any question for mrt plz tell me i am going tommrow

      • Immigration Pty Ltd

        If you have a BVB you just need to be back before it expires. You need to inform the MRT that you will be O/s and make sure they have your contact details. If they write to you and you don’t respond you could lose your case. Grant Williams

  122. hi sir this is aman in adelaide i have applied for visa 485. i was trying to get ielts marks but in one module i couldnt get . i applied last year in march. i want to ask can i apply for a student visa onshore .

    • Immigration Pty Ltd

      Dear Amanpreet
      I think that will be difficult for two reasons 1. you’ve been on a BV for too long and 2. you can no longer prove you are are genuine temporary entrant under the new student visa system from November 2011.
      Grant Williams

  123. so sir which is the best option for me to stay here in Australia

    • Immigration Pty Ltd

      Dear Amanpreet

      I do not see any obvious options for you for an onshore application. If DIAC refuse your 485 which seems certain given the IELTS you will face a s.48 bar on any further onshore application. To lodge a new student visa application you would need to leave Australia. I cannot come up with a solution if there is no solution. Even if you were offered sponsored employment you’d still have to depart to lodge the application. Grant Williams

  124. HI grant
    thanks for helping the community, my question is my student visa has been refused and currently I am on MRT. Now, can i apply for 457 while in Australia and do i need to have degree assessed for commercial cookery. As i have finished my course on nov’11. Will i need my degree assessed for 457 visa?

    • Immigration Pty Ltd

      Dear Amit
      No you cannot apply onshore.
      Yes it is likely that you’ll have to have a TRA skills assessment for a 457 application.
      You’ll need to get the employer’s end of the process – Sponsorship & Nomination lodged and approved first then you depart on a BVB and the application is lodged while you are o/s. You then return and wait for the application tobe processed.
      You need to get help with this it is much harder than it seems in all sections.
      Grant Williams

  125. Dear sir/madam
    Iam overseas student living in Australia from last two and half years holding student visa. When I renew my visa for further studies it was Refused because I been to overseas for 1 month and my beloved one was expired I came back and I am very much distrubed I cont attend my classes for nine months later I realized and I’m eager to finish that course and want to continue further studies and got COE and applied for visa, I provided all documents along with doctors certificate but unfortunately it was refused. Please help me for the following query thanks
    Regards
    Razz

    • Immigration Pty Ltd

      Dear Raz aron
      Are you saying that you went overseas for 1 month and then returned to Australia and then did not study, while on a Student visa for 9 months and that when you next applied for a student visa DIAC refused your application?
      Please confirm I have this correct before I can go any further.
      Grant Williams

  126. Sujan shrestha

    I applied for Australian PR but unfortunately I was rejected. Can I apply for student visa? Bu I heard that I won’t be able to apply for student visa now is that true?

    • Immigration Pty Ltd

      Dear Sujan
      Where did you apply for PR? Onshore ?
      You can try to apply for a new student visa but first if you’ve had an onshore visa application refused you’ll have to apply offshore. Next as you’ve applied for PR already DIAc may well find it difficult to accept that you are a genuine temporary entrant which is the criterion for the current student visa program. The only way to find out is to try.
      Grant Williams

  127. Hi sir,
    This is Che from Sydney, Australia. I want to apply for permanent residency visa, hopefully before the new immigration law applies (1 July). The following are my details:

    1. I’m currently holding a student visa (subclass 573). This was granted last 20 January, 2010. I’m studying Master of Accounting (CPA extension) at Macquarie University and I’ll be finishing my course this semester. The total length of my course is 2.5 years. I’ll finish it by May. However, the university told me that they will be releasing the results by last week of July and there is no way they can release it earlier than July.

    2. I took my Ielts last 10 December 2010 with the following results:
    Listening : 8
    Reading : 8.5
    Writing and Speaking: Both 7
    Overall band score: 7.5

    3. I’m 24 years old. I haven’t had any work experience before.

    4. I’m not studying any translation courses/professional year and I’ll be applying for a visa independently (without any sponsorship).

    5. I’ve got my sister here in Sydney who is an Australian citizen and has been working here in Australia for more than 9 years. She is willing to sponsor me.

    In this regard, I have the following questions:

    1. Do I have to sit another ielts exam to get at least 8 per module (in order to pass the points test)?

    2. Assuming that I get an 8 per module in the ielts exam, can I apply for permanent residency visa by May (month I will finish all uni assessments) and I’ll just write in my application that my completion results is to be followed after I get it from uni (because the results will be released on July)?

    3. Which visa is better for me when I apply by May, permanent or temporary visa?

    Thanks for your assistance.

    • Immigration Pty Ltd

      Dear Che
      You’re running rather close to wanting too much from my Blog. You really do need to seek professional help. My aim here is not to offer a free migration and assessment service I’m trying to help people clear up confusions and answer simple questions.
      Your situation is governed by your course ‘completion date’.
      For TR – 485 visa – You must have completed your course before you apply. You must have applied (made an application) to the relevant assessing authority and have proof of that application to meet the criteria at time of application. As far as I’m aware the 485 visa will go on after 1 July 2012 when Skill Select begins. So you need to finish the course, get a completion letter, apply to have your skills assessed and then you can apply provided you meet the other 485 criteria.
      For PR. You sister cannot sponsor you that system no longer exists and she does not live in a regional area.
      The skills assessment for this is a time of decision criterion so you don’t need the skills assessment to apply however as with the 485 you must have completed your degree, diploma or trade certificate BEFORE you can apply.
      Grant Williams

  128. Hi there,

    First of all I wanted to thank you for this blog which has helped me a lot. Well I have applied for the TR after finishing my studies in nov 2010 on 24 Feb 2011 and the file have been allocated to the case officer for decision couple of days ago. I received a email from department requesting to provide the documentations and I have supplied all the necessary documentation but unfortunatly my visa application got refused because the dates provided on my completion letter from the uni states the wrong date of completion of my advance diploma of hospitality which is 25 June 2010 where as I have completed in nov 26, 2010. The refusal states that I have not completed the 2 years of australian education and the visa was not logged within the 6 months after completion of course.

    Now I have got the letter from uni stating that the dates were incorrect and the dates I have studies were from 23 feb 2009 to 26 nov 2010 not the 25 June 2010. While sending the completion letter to the case office I have not checked the dates on the completion letter from the uni as it is a vital and importation piece of document and no such errors would have been imagined by me, now that I have got the letter stating that those dates were wrong do you think I have a strong point to appeal in MRT or can they question me that why you don’t have any clue those dates were not correct.

    Refusal notification 485.213
    The following requirements are met:
    (a) the applicant satisfied the Australian study requirement in the period of 6 months ending immediately before the day on which the application was made;
    (b) each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant’s nominated skilled occupation.
    Reg 1.15F Australian study requirement
    (1) A person satisfies the Australian study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:
    (a) that are registered courses; and
    (b) that were completed in a total of at least 16 calendar months; and
    (c) that were completed as a result of a total of at least 2 academic years study; and
    (d) for which all instruction was conducted in English; and
    (e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
    Note Academic year is defined in regulation 1.03.
    (2) In this regulation:
    completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.
    Note The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification.
    Therefore, a person can complete a degree, diploma or trade qualification, for subregulation (2), before the award is formally conferred.
    You lodged your application on 24/2/2011 You provided completion letters from your Australian education provider stating that you completed the Advanced Diploma of Hospitality Management on 25 June 2010 and the Certificate 3 in Hospitality (Commercial Cookery) on 26 November 2009.
    With this information in mind you have not satisfied the Australian Study requirement in
    the period of 6 months before the day the application was made. Consequently you do not satisfy the requirements of clause 485.213.
    As the requirements of clause 485.213 are not met, I have not assessed your application further against the requirements of the subclass.

    Thanks

    • Immigration Pty Ltd

      Dear Varun
      Yes go to the MRT. If that all there is to it it an open and shut case. Have you been tot he university to show them what they’ve done? The MRT are only interested in the facts and the Migration Regualtions. Yes you should have checked the dates but that’s not the error here is it.
      Grant Williams

  129. Varun Mahajan

    Yeh because of those dates the visa application has been cancelled because the dates which was give in the letter of completion states that I have finished in june instead of nov which doesn’t fullfill the 2 years of studies and applying with in 6 months

  130. Hi Grant,
    My name is Hiten patel and I have read many suggesstions and help from you in this blog and It would be highly appreciated if you can help me as well. I am right now in Austalia on student visa since 2008 and initially i was enrolled in bachelor IT course 573 but due to unavoidable financial circumstances I left that course and enrolled in diploma of cake and pastry , I have attended college but do not have certificate as some pending fees. After that i have enrolled to Diploma manaement course for 1 year which has been completed sucessfully. now my visa was getting over in sept 2011 . I have applied for extension of sTudent visa for course Diploma hospitality management. DIAC queried me for IELTS , OSHC and Funds . I have submited every documents to DIAC but they have refused my application saying that I had gap between two diplomas more than 5 months . My lawyer have advised me tor MRT file. But i want to ask you that if I lodge MRT file how long it would take and Can I travel to my home country INDIA for short period or time ???? Or can I apply to any other visa during that time ?? I hope you can help me out. Waiting for your reply .. My number is 0061425265077

    • Immigration Pty Ltd

      Dear Hiten
      Currently student refusals at the MRT are taking about 2 years to get to a hearing.
      Provided you are nw on a BVA for your failed student application this BVA will roll on to cover your MRT review. When you are on a BVA you can apply to travel on a BVB – so yes you could travel in these circumstances. If you are onany other BV (C?) then you cannot travel.
      You cannot apply for any other onshore substantive visa (except Humanitarian – and you are not a refugee so that won’t go well) as you have an onshore refusal and that means you have a s.48 bar on onshore applications.
      Grant Williams

      • Thank you Grant for your quick reply..
        I was on BVC when I lodge student visa application from Australia in Sept 2011 which has been refused now. And for that I am going to apply MRT next week. so my query is after applying MRT, What would be my status of immigration ??
        Can I travel to my Home country or Can I apply for Bridging Visa B ?
        Please help me out .. Thank you in advance …

      • Immigration Pty Ltd

        Dear Hiten You will stay on BVC and no you cannot apply for BVB or travel. There are no options to avoid this situation. Sorry. Grant Williams

  131. Hi Grant, I have been benifiting from your blog. I am in confusion -I finished my course, applied for TR, got bridging visa from 17th march, till 16th match, I m in student visa. My OSHC insurance is expiring tomorrow. Do I need to renew it till 16th march for satisfying condition of student visa or can I just stay letting it expire an get another insurance later on for myself?

    • Immigration Pty Ltd

      You need to maintain the Health Insurance it will be a condition of both your student and bridging visa. Grant Williams

  132. hi grant i m mandy ..i m working in hotel from 4 month .. now they want to sponser me. RCB requires a local newspaper addvartismant . i need that add in newspaper or not………?

  133. i m in roma qld

  134. hi grant how are u
    grant my gf got the refuse from diac now we already attend the hearing the member looks happy overall from all the comment because my gf is currently enrolled in study she ask for some more document the hearing is very short u what do u think about this should be fine????????or …………….

    • Immigration Pty Ltd

      Dear pa
      I cannot give you any idea of an outcome with out knowing all the facts. The MRT members are always polite you cannot read anything into how they seem. If the only reason fro refusal as the funding and you can show you actually had the funding when you applied that would be promising.
      Grant Williams

  135. diac refuse her visa because of funds but we provide the funds for left study which is due mid of this year

  136. Hello sir, My name is sandeep.i come to australia on 6 april 2011 on subclass 485 subsequent entrant.but my this visa expired on 13 oct 2011. Aftr that i got extension as visitor.currently i am on this visa.my dis visa will expire on april 14. I want to stay here in australia with my husband. Can u plz suggest me any visa???????? And if student visa is an option,may i get it???? i am afraid of strict visa rules……And other important thing ,if i get student visa that is well and good…in case it got refused,can i then apply for migration review tribunal………and my MAIN QUESTION to u is what r the chances to get request to apply for MRT.????????????????? I heard that everyone with visa refusal cant apply for MRT,as DIAC did’t allow everone to apply for it.and they have to leave the country. …………… In addition just wanted to tell u my husband is on bridging visa as he have already applied for subclass 885 in june 2009 on IELTS 7 each (community welfare) basis. Sir plz help me out.i want to stay here.Every help will be appreciated…thanks a lot

    • Just forget to tell that my present visitor visa will expire on 14 april 2012….in total i will spend 1 year wid my love. Plz help.

    • Immigration Pty Ltd

      Dear Sandeep
      There is no simple solution to your problem. To stay you must have a visa. You could apply as a student but my guess would be from what you say that you will not be able to do that onshore (in Australia). It mat=y well be you will need to leave and then wait for the 885 application to be processed. Given the date they may not be too much longer. If you apply validly for any onshore visa and you are refused you have the opportunity to apply for a review of this decision at the MRT.
      Grant Williams

  137. hi i have read to many to this comentair oh my god its lotof pupele have problem with dima same to me . i came legale for live here forever then i have same probelm with partener then start my problem i try to find solution with dima but all the dor its clos my protection visa refused and minister refused . i have 5 yers here in australia . now i stop all contact with dima my history its to long and is not my fault im 45 yers old im not yung to start again my life in auther place in the world

  138. HI Grant , I am writing about my confusion related to my visa . Actually I applied last year TR after finished my Masters in IT . Now my file has opened last month and my cash officer ask me about all the document . I submitted all the document except IELTS . I could not get enough score for TR . So my Lawyer advice me to put file MRT so you can get some time for scored in exam and may be they will allow . Now My main question point is if I will put MRT than I can eligible for travel to overseas or not ??? . My lawyer told me you are eligible to travel for overseas but when I did inquiry to other lawyer and my friends some are told me you not eligible for travel overseas during the time of MRT … SO please help me to answer for this question as I am eligible for travel to Overseas during time of MRT or not..??

    Thanks
    Ghanshyam

    • Immigration Pty Ltd

      Dear Ghanshyam
      IELTS of 6.0 in each band is a time of application requirement for the 485 visa. If it is not there it will be refused. You cannot now add it later.
      If you have been granted a BVA as a result of lodging your 485 application and it is then refused and you apply validly to the MRT (within the time frame specified) your BVA continues on. If you are on a BVA you can apply for a BVB to allow travel. If you have any other BV than a BVA you cannot get a BVB for travel.
      Grant Williams

  139. hi sir my name is sam, i went in melbourne in may 2009, in jan 2010
    for short attandence i lost my student visa, then i applied for mrt
    but after 18 mnth its unsuccesfull.. then i was ready to go back to
    india but suddenly some reason my uncle killed my family and my uncle
    call me here and he said if u ll come back in india we ll kill u, then
    i scare and applied for rrt for proction visa, after it i applied for
    rrt review, its all unsucceful…. now i cant go back india, i m not
    safe there…. i wanna do study here in melbourne… can u help me pls
    can i study here? can i get my student visa, i have no idea that wht
    should i do? pls its request let me know …….thank you very much ,
    have a gud weekend….

    • Immigration Pty Ltd

      Sam
      I have already replied to you as you have sent this question by email as well. Please only post in one place as it just wastes my time and stops other people getting answers.
      Grant Williams

  140. Dear Grant, I have been granted a 175 visa but yet to make initial entry to Australia. At the same time, I would like to add my spouse to my application so that he need not file a separate application and pay another fee. As I was not sure if we would get married eventually, I had excluded him from my application back then. In the end, my visa was granted way faster than I had expected and the visa grant date happened to be a month before our wedding day. I know you might be thinking I should have informed my CO that I am adding him after he has proposed but many other things happened during that time and I ended up forgetting about this aspect. Technically speaking, no secondary applicants can be added after the visa has been granted. However, I am not sure if there were exceptions to this in real life cases. My CO is unable to assist so he referred me to another department which he thought might be able to help. So far, no reply yet. I would like to know if you have encountered similar cases where the main applicant successfully added their spouse after their 175 visa was granted. Have you also encountered cases where DIAC rejects such a request and also revoke the main applicant’s 175 visa at the same time? Also, in the event he has no choice but to get a partner visa, how long does it usually take to get the partner visa granted?

    Many thanks for your time!

    • Immigration Pty Ltd

      Dear Judy
      As far as I am aware once a visa has been granted you cannot then add a dependant. I think you’ll need to make a Partner application. Partner applications must be from “settled” Australian residents/citizens. So this may hold you up a little. You’d need to be here first and be able to demonstrate “settled”. When you check this out you’ll find that DIAC often take this to mean two years. This won’t apply to you as partner cases get all sorts of work-arounds in the system.
      A perfect partner application offshore can take anywhere from a couple of months to much longer. Really depends on the quality of the application. I’d be suggesting you get here and that he comes as a visitor on an ETA (sounds like you’re from an ETA eligible country – language/usage).
      You then apply onshore and make sure it is perfect / decision ready. Consider getting some help with this and it will be processed quickly – often less than a month. Leave anything out at all and it will take 10 to 12 months.
      Grant Williams

  141. Im caming here in Australia with fience visa with 9 mont time and condition to be marrid befor this visa exparde but my partener or my ex fience in all this time with her she playing with me evry mont she said to me we marrid nex month again nex month, then i see im in verry bad position my visa its clos to be expired and im not marrid to my partener then i ask friend wat i can do i cant combak from my country i have sold all my busnes and all wat i have and security to in my country. then i deside to go immigration to ask, then she know im gong to immigration she want cam with me to ask but she have change all the version and in this moment my english its verry por but i have undestend but im in privasy with immigration for tel sam problem i have exemple she want mony frome my ferst week here in austrail she want 5 000 dolar she said for mariage fee bus friend he said to me in his face its just 350 or 400 maximom 500 dolar mariage fee yes by time i undestend its tru wen i start working i havent mony in my bank accont she tekof all my pay evry week all time i have -6 dolar in aour accont she love mony mor to the mane but i have love her for tru .i never forget wen she said to me you are in my hand i do wat i want with u now i understand it true but she have hart me more and more ween she start play with anther people in the net then i try to find layer or solicitor to find solution to my problem i find one i speak his longue but that one by time i understand its bad one i got its scam solicitor hi tack money and hi do nothing i have lose my working permit its his fault in reality hi need to apply for bridging visa but that one have apply me for tourist visa but no work permit but went visa expired have apply for bridging visa but i have lose my work then i have apply for protection visa but again i don’t have work permed , but I’m lucky with my big experience i have find other job more nice and its triple pay if I compare to the first one ofcors cash many and after again my briging visa expired again I have applay for protection visa in this time I have one partener she live with me in my home with his 2 sone and one boy adopt I have support all this family from a to z and this partener she know I have problem with immigration and I never tel to my officer for my relation or I have one family I support becos I don’t have work permit .in this time I have litel espoir to I have my work permet and minister accept case but the bad news after 6 month my solicitor text me my case its refused and its my laste chance to stay legal in this coutry then swith off my phone my officer try to call me to tell me I ned to live country and immigration have try to find me but me I have change adresse and I never trust the dima then I moov 1000 km from my place I live my partner and 3 kids with my friend to help her for comeback to his country again 1000 km then after one month I have find job and send mony to help her she don’t have home and she sick and she pregnant but I cant do nothing dima have brok again this family after 4 month my baby its did its sad momen for me and for my partener she have lose his partener and now she lose the baby and she don’t have home same to befor wen we living together now she live with friend shering home but just the yung boy with her secend boy its old one live with his girlfriend and hi don’t work and have one baby with his girlfriend but for the adoptic boy its in the gel now for robry I have try to give help to this boy to make him in the good way I have give the good life I have give hime my hand to support domage dima have cut evrathin .and now evry live his life she have senterlink she can stay life ofcors is not same befor she want I live thogeter again but now in my situation I cant live with sam one she know I m eligale in this country and my history its mor long again……etc
    Same.

    • Immigration Pty Ltd

      Dear Same
      That is quite a long and complicated story. I’m not sure what all the short posts mean but basically as far as I can tell…
      You came as a fiance and that all fell apart.
      You are now here unlawfully for quite some time as you use the old term for Immigration – DIMA
      You have had a some visa applications refused by Immigration (now DIAC) and by the tribunals (MRT ? & RRT)
      Are you still living in a de facto relationship with an Australian partner?
      Do you have any Australian children?
      What city are you in?
      Grant Williams

  142. same time the departement of immigration make the big mistek and this mistek hert unocen

    • thank u for your replay about your question
      yes its aront 9 mont i live with my gurl friend but she don,t know i have problem with diac
      for the children . i have los one with my ex
      for my place befor i living in brisbane then me i move to sydney and my ex she bake to makay

      • Immigration Pty Ltd

        Dear Same You need to see someone about your situation so that you know your rights and options. You can call me to make an appointment if you wish. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

  143. dima hi know wen hi see my case im caming forever legal or ilegal

  144. minister of immigratiom ned to chang loice to protect sam unocent sam to my cas im victim i hop dima stop to mak other victim

  145. i see u have delete my comentair
    same

    • Immigration Pty Ltd

      Dear Same
      Nothing has been deleted I have just not got to answering your 6 posts yet. They are very difficult to understand so you may need to be a little patient for a while. I am doing this for free and I do have a busy business to run.
      Grant Williams

  146. hello
    I finished my masters and now I am on a student visa till 15 march 2012..i also studies in england for bachelors degree and stayed for 17 months. do i need to mention by bachelors education on vetasses and do i need to apply for british police clearance too ?? thanks

    • Immigration Pty Ltd

      Dear ajinkya
      I don’t read minds – what visa are you applying for?
      Generally for VETASSESS show all qualifications.
      Yes you need a UK police check as you were there for more than 12 months.
      Grant Williams

  147. hello grant
    thanks .for the police clearance help
    i am applying for TR 485. but wat happeend was i mentioned only my australian masters qualification..i thought they only needed the most important ones (skills assessment related)..will they ask me for my bachelors degree later ?? or will it affect my application since my bachelors degree is not relevant for skills assessment.

    • Immigration Pty Ltd

      It will probably be OK but why not update them. Call and talk to them about it. If you have a file nimber or receipt from them have it handy so you don’t waste their time! Grant

  148. Hi Grant,

    I lodged my application online for visa 485 onshore and I went back home while I was on Bridging visa “A” which I believe has been cancelled automatically the moment the left AU..my question is: Can I still resume the process and get the visa (485) while i’m overseas giving that I got a respond from them through the email asking me to provide additional documents, if not, then is there any alternative to sort it out?

    Thanks
    Jack

    • Immigration Pty Ltd

      Hi Jack
      From the Migration Regualtions for a 485 visa…
      485.4 Circumstances applicable to grant
      485.411
      (1) The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

      So you’ve got to be here.
      Where are you? If you are in an ETA applicable country try apply for an ETA and come back and then ask to have the BVA reinstated.
      If not tell me.
      Grant Williams

  149. Hi grant, I applied TR without IELTS last year after I completed my 2 yrs studies. Now case is open while BVB at overseas. My BVB is granted for 1 year but i am Surprised my case is open 13 Jan 2012, case officer allocated after I travel to India. I replied my case worker straightway asking permission that I coming back to australia 3rd of march 2012 mentioned I have some personal issue sort it out. Thereafter, My case officer replied that he extended time up to 3rd march 2012. However, still I need atleast 2 weeks time to attach or submit all of my documents Even I arrive Australia 3rd of march 2012. Because I have IELTS result on 9th march 2012, I am sure I can score req band IELTS. My parents can scan email me straightway. As per my knowledge I believe I supposed to be given atleast 28 days time to submit pending documents, if my case open where I normally in BVA in Australia. Will I get 28days time from 3rd of march 2012 onwards according to my situation more than 28days gone while I am in BVB. Please Reply me. Thanks grant

    • Immigration Pty Ltd

      Dear Sundar
      The extra 28 days thing is a myth in this instance. DIAC can make a decision on your application direct from the information you submit with the application. They have asked for documents and given you a time frame. Generaslly if you do not meet that time frame they will refuse your application. DIAC have already given you an extension don’t press your luck! I do not see how you can get your visa granted if you did not meet the IELTS requirement at time of application.
      Grant Williams

  150. Hi Grant,
    Thanks for the effort and quick response, I’m not in an ETA eligible country, I’m in Jordan. So does that mean I lost the opportunity to resume my application? you should know that I graduated last year in January and left Australia last August.

    Regards
    Jack

    • Immigration Pty Ltd

      Well Jack that makes it more difficult. It is worth trying to make an appointment with the Senior Migration Officer at the embassy and making an effort to argue your position and ask for their assistance. Sometimes this works if they feel sorry for you. You could try to get a visitor visa but I’d say that’s less likely to work in the circumstances. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

  151. Dear sir, i have applied for 885 gsm cook in 2009. i had 1 yr 9 months cook paid experience and submitted all papers. after july 2009 i am not working as a cook but work in the front office in a hotel. my question is is there any possibility reject my case as i am not working in the kitchen.

    • Immigration Pty Ltd

      Dear Omio
      No. What you do while you wait for the application to be procesed has no impact on the application whatsoever.
      Grant Williams

  152. Hi, grant thanks for your reply. Here is my another clarification is as i mentioned you before, I am going to apply MRT due to failed to submit IELTS for 485 visa. Already I aware 100% MRT is unfavour even I submit my IELTS at the time of my case is open. However, I got 6 valuable questions which help me to self organized for my future dispute.  please answer for my every Qs. 
    Q1. How long does MRT case now it takes to open or for final decision for 485 subclass at Melbourne Victoria?
     Q2. Will I able to get BVB to travel overseas and re-enter australia during MRT period? 
    Q3. What is my another visa option to apply once After my MRT is failed? For eg I heard about ministry level some thing like that if yes how along does it take to open?
    Q4. Will I able gain state sponsor during MRT, if I worked in remote area(NT & WA)? 
    Q5. What happen, if i gained conditional fixed term agreement employer Sponsor at remote areas( such as Northern Territory or Western Australia Sub clause 857,856,119,121&475 etc Offshore or Onshore) in my field ( as a welfare worker Skilled Asessesed ) during the MRT period? 
    Q6. Is there any possibilities to stay in Australia for atleast 4 more years legally, after I filed my MRT? I am very objective and This will helpfull to me earn some money to support my family living at India even after I left the australia. Please answer all of my question individually.  Thanks its appreciated

    • Immigration Pty Ltd

      Dear Sunder

      Ok but remember I’m doing this for free and you should not abuse my goodwill – 6 *valuable* questions & please answer for my every Qs. Please answer all of my question individually. Manners?

      1. Check to MRT case calculator for Melbourne but I’d say at least 12 months maybe more as they are very busy and such an application will not get any priority 2. Yes if you apply correctly 3. There are hundreds of visas – you need to seek professional advice about this as someone needs to look at all your paperwork – can’t do that here. However you are NOT a Ministerial candidate. To attempt to lodge this will really only annoy DIAC and the Minister and it will fail. Unless you meet Ministerial guidelines (and you don’t) this will be a vexatious application. If an agent suggests this to you I believe that are not acting ethically! 4. Yes it is possible to get State nomination but you will not be able to lodge a visa application in Australia as you have an onshore refusal which leads to a s.48 application bar. 5. You’d still have to lodge the visa application offshore. 6. You have to get a visa to stay. There is no silver bullet here – once you’ve been refused you must basically apply from offshore. There are options but you need to get professional face to face advice. Grant Williams

  153. hello grant i was going to apply for a TR 485. I had all the documents execpt the british police clearance which I needed. I am preety sure I would get the clearance next week, however I wanted to go to go overease before my student visa expires. Is it ok if i apply for the TR 485 without this 1 document ? Thank you

  154. Hello Grant I applied for Mrt regarding subclass 886 refusal and my mrt priority falls on number2.How long does it take to open and can i go to overseas in that period of time? Thanks

  155. Hi GRANT

    I AM ON STUDENT VISA. LAST WEEK IMMIGRATION CAUGHT ME FOR WORKING MORE THEN 20 HOURS. WHT WILL HAPPEN NOW. TILL DATE I HAVENT RECEIVE ANY POST OR CALL FROM THEM. MY COMPANY IS READY TO SPONSOR ME 457 VISA. CAN I APPLY 457 IF THEY CANCEL MY VISA.

    SUGEST ME
    THX
    SAURABH

    • Immigration Pty Ltd

      Dear Saurabh
      First issue caught working in breach of your visa conditions. Normally DIAC compliance ask you to come in for an interview in a few days after you were caught. Not sure why this did not happen unless they are doing other investigations. Do they have your current contact details – address and mobile? If not you should tell them asap. If they send out a letter and it goes to the last address you notified and you don’t get it as you’ve moved and not informed them your visa can end up being camcelled and you don’t even realise. You can’t hide from this problem you must deal with it.
      If your visa gets cancelled you can forget about business sponsorship.
      First try to solve the work problem as there is no point lodging an application as DIAC will not proceed to look at the visa stage until the compliance issue is resolved. It’s easy to waste a lot of money here. To have any hope of getting a business visa you’ll need to get a favourable outcome on the work issue.
      Grant Williams

  156. Hi grant
    Thx for your reply. they have all my detials. contact number address. they ask my emploer only pay roll and he sumbited. immigration camed on 20feb and employer send payroll on 21 feb. if they cancel my visa what i can do in next step.

    thx
    saurabh

    • Immigration Pty Ltd

      Dear Saurabh They won’t just cancel your visa without offering you an opportunity to comment. However if the visa is cancelled you can apply to the MRT for a review of that decision if you wish. You do need to be aware that there are very strict time frame guidelines for this review. The letter you get that cancels you visa would give you these details. Grant Williams

  157. Thanks Grant. your advice is really helpful for me. one thing more if they cancel my visa then i can apply mrt. can i get work rights on mrt and is it poosible we can apply 457 visa on mrt.

    pls advice
    saurabh

    • Immigration Pty Ltd

      If they cancel your visa you will need to apply for a BVE. It will not have work rights. You may be able to apply to change this condition on the basis of financial hardship however given the reason for cancellation they may not be very helpful. You can only apply fro 457 from offshore and you cannot travel on a BVE. IN addition after cancellation you will most probably have a 3 year further application ban on all visa applications.

      Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

  158. Thanks Grant. If theny ban me for 3 years, mean even i am not able to apply 457.

    thx
    saurabh

  159. Thanks
    Is there anyway to stay here. after cancallation the visa , with work rights.

    thx
    saurabh

  160. Hi
    If MRT Decision is not in my favor after then i have leave the country. Is there any chance for 457 visa in between.

    Thanks
    Saurabh

    • Immigration Pty Ltd

      Dear Saurabh No the 457 will not work if the MRT affirm the DIAC cancellation for several reasons. Basically yes you will have to depart as an application to the Minister will fail as you do not meet the guidelines. Grant Williams

  161. Thanks alot Grant. your blog is really helpful.

    Once again Thanks
    Saurabh

  162. hi grant,

    I have a question about citizen ship. Actually I am on partner visas 820 since one year but my total stay in Australia is more than 4 years. so can i apply for Citizenship now or still i have to wait for 1 more year on partner visas ? could you please clear my concern.

    thanks
    rajiv

    • Immigration Pty Ltd

      Dear Rajiv
      You’re still a TR your need to be PR (on 801 visa) for min of 1 year and a total of 4 years usually resident to apply for citizenship.
      Grant Williams

  163. My application was refused on the fact I was not able to do the health check on time. I was sent a refusal letter where it was stated no review possible. Does that mean MRT will be able to do nothing?

    • Immigration Pty Ltd

      Dear Muket
      You’ll need to give me more information. What application? Where are you? Where was it lodged?
      Grant Williams

      • Dear Grant,
        I applied for a 175 immigration visa. but was refused due to the fact that i did not receive some emails on time. for which i was refused before i could do the health check that was required for approval for the visa. all other things i guess were ok and in order. i am in Bangladesh and the application was lodged at DIAC in may 2009. i got response on it in march 2011. before that i tried several time to communicate but failed to do so. then one day i received one email from DIAC stating requirement for additional papers including extention of passport validity, police clearance, job description and others. the first two took up a lot of time. i asked for extension but later got to know that DIAC sent the letter twice and they may not have received my extension letter. so in july 2011 i was sent a refusal note, where they have stated that there is no chance of review. This i thought to be a review by DIAC.

        is there any possibility to review my application by MRT

      • Immigration Pty Ltd

        Dear Muket No offshore applications do no get access to any review process whatso ever. Sorry. All you can do is apply again if that is possible. Grant Williams

  164. Dear Grant Williams,
    I am very happy and glad to your suggestion and advise for the people who are in trouble in their visa i am also one of them my problems is on MRT. presently i am a management student i have completed certificate 3rd in commercial cookery and deploma of hospitality . I am going to have my hearing on coming tuesday (06 March 2012). I already spent 18 month time for this but still i am not sure that the decision is in favour of me or not. the coz of my MRT is financial documents and the mistaken is in the bank statement.
    If the decision is in my favour then door’ll open for me for my future but if not what will you suggest me to do next step for my visa process incase of unfavourable decision ??? presently i have Genune financial documents.

    thank you
    Prabita

    • Immigration Pty Ltd

      Dear Prabita
      It’s impossible for me to comment meaningfully on your MRT chances. However you seem to be tellin me that there was a problem with your financial documents. You say you now have “genuine’ financial docs. Does this mean they were not genuine when you first applied and were refused?
      If this is the case ou have very little chance at the MRT.
      If you lose at the MRT your options are very limited, even more so if you’ve provided fa;lse or bogus documents with the application to DIAC. If the MRT affirms the DIAC visa refusal you are bound by s.48 of the Migration Act which prevents or bars you from any further onshore applications apart from humanitarian (and it is fairly clear that you are not a refugee so don’t try that it’s a waste of time). The mRt will inform DIAC of their decision and DIAC will expect you to leave within 28 days of that MRT notification at which time your curren t BV will cease and you will become unlawful. You may be told about making an application to the Minister (Ministerial) however you do not meet these guidelines from what you have told me. So again this is a waste of time.
      Not much you can do.
      Grant Williams

  165. hello
    i am soon going to apply for TR 485 and i wanted to make an overseas trip before my current student visa was expiring on 15 march but i realized i won have much time to stay as i need to come back before 15 march. i was thinking of applying for a briding visa B after my current student visa expires. someone said to me it takes 2 weeks to be granted briding visa b. is it possible for me to apply for TR 485 then soon apply for briding visa B, so once i get briding visa B i can go overseas and come back after few weeks, so i wud be overseas, before on and after 15 march ?? can you suggest me the best way ?
    Thanks

    • Immigration Pty Ltd

      Dear ajinkya No you cannot do that. If you apply for the 485 the BVA you are granted only kicks in when your Student visa expires. You’ll need to a) apply the 485, b) wait until the Student visa expires, c) apply for a BVB after 15 March and d) then travel If you do anything else you could really mess up your entire situation. Grant Williams

  166. Dear Grant,
    Thank you so much for your reply. i want to talk with you personally will you give me your email address than i can sent you my more detail information about my case.
    Thank you

  167. Grant i just got a question can i apply working visa 487 without Tra certificate!!!! I completed my 2years studies in australia and on bridging visa A at the moment??Please asvise!!!!!

    • Immigration Pty Ltd

      Dear Gary There are two questions here.

      Without the TRA Cert at time of application – yes – Migration Regulations at time of application state

      487.214The Minister is satisfied that the applicant *has applied* for an assessment of the applicants skills for the nominated skilled occupationby a relevant assessing authority .

      Second can you apply while on BVA? Schedule 1 1229(4) applies to the 487 visa and you cannot be on a BVA if that BVA was granted originally for a Student visa application.

      Grant Williams

  168. Hi Grant,

    I hope that you are having a great weekend.

    I am wondering is bookkeeper experience may give points when we will be filling 885 visa on the basics of general accountant.

    Regards,
    Tushar

    • Immigration Pty Ltd

      Hi Tushar No a Bookkeeper is not an accountant in the same way a draftsperson is not an Architect. Grant Williams

  169. Bibas Neupane

    Dear Sir,
    I applied for 457 visa and I got refusal and I lodged MRT. Could you please advise me that am I eligible to work on full time basis at other place?

    • Immigration Pty Ltd

      DEAR BIBAS
      I need more information. What visa were you on before you applied for the 457 visa? Aer you on a BVA now? What are the conditions on your BV?
      Which part of the Business Long Stay application was refused first – Sponsorship? Nomination? or the 457 visa only?
      Grant Williams

  170. This provides a good informatio, as others i have the same problem. I jumped from diploma to masters and applied for mrt. Now my studiea is overbut mrt hasnt made any drcisions. Can you please advice me if i am can take up prodessional yr course. What arey chances.

    • Immigration Pty Ltd

      Dear Benam
      You do not provide enough information. Yoiu are at the MRT? Why?
      Wsa your student visa application refused? Wsa your visa cancelled?
      While you are at the MRT you can undertake a professional year course.
      You do however need to be enrolled in a CRICOS accredited course when the MRT begin to consider your case.
      Grant Williams

      • hi this is benam again, my visa was refused due to financial requirement and sent to mrt , but i continued my studies and finished my masters in professional accounting.i am not currently enrolled in any courses. i want to do professional year in accounting but i am not allowed. Is there any chance that i get 7 in each band in ielts test and apply for regional sponsorship or go to regional area to get australian pr. Do i need to be enrolled in any courses when mrt opens my file or not. i finished my studies on 25 nov 2011. can u please suggest me anything.
        thanks

  171. Thank you very much Grant. I was on student visa 572 class before applying the 457 (sponsorship) visa. Now I am on BVA. I got a full time job offer from other place and I m wondering that am I eligible to work full time or not other place. They gave me a form of my visa status check form my job offer place. Thank you.

    • Immigration Pty Ltd

      Dear Bibas
      You can work for anyone. You are not bound to the 457 sponsor as your visa application was refused. I do not understand what you mean by… “They gave me a form of my visa status check form my job offer place.” Do you mean the employer did a VEVO check on you? Your BV has conditions on it either check those yourself on VEVO or go into DIAC and ask them to tell you the conditions on your BV. Generally these will be almost the same as your student visa. Again generally once you are at the MRT and waitiung you can work full time. Please check with DIAC.
      Grant Williams

  172. hello grant
    I am facing a bit of a problem applying for TR 485. I applied for TR 485 and also got a bridging visa A, but my system shut down before i could upload any documents ? I know the TR and passowrd however it is not working when i use the link. what is the best way to send the documents ? I have a post address to where i should send the docs, my fren gave it to me.. should i post all the remaining documents since i cannot use the password, even though i sent the original documents online ? Thanks a lot.

    • Immigration Pty Ltd

      Yes you can send certified copies of Docs to DIAC ASPC. Just make sure you put your Full name + DOB + TRN and if you have it your CLient ID perhaps from an old student application or grant email.

      Grant Williams

  173. Hello Mr William.I have one question that when we apply for MRT and when they open our case ,can we requested More time like six months to keep the file close…….I mean extension.is it possible? as one of my friend got six more months extension……thankyou very much.
    David Chau

    • Immigration Pty Ltd

      Dear David
      Generally no. There would need to be a very good reason for the mRT to delay a hearing. Applicant in hospital in a coma perhaps.
      Grant Williams

  174. Hi Grant Chau here.thanks for ur reply.can you plz tell me that how long time it will take to open MRT as i applied MRT last year May .my nomination 442 was refused.and if decision is not in favour then can i appeal to minister? if yes then how long it takes for ministrial decision? or any other way to stay long in australia?

    • Immigration Pty Ltd

      Dear David It may take 2 years for the MRT to open your case. Any application to the Minister must meet his quite specific guidlines. What makes you think you would meet these guidelines? If you do not meet the guidelines any Ministerial will be refused very quickly. Grant Williams

  175. Thankyou for reply Grant …..my 442 refusal comes in nomination refusal or sponsorship refusal? and one more thing that what requirements do we need for minitrial appeal.thanks

  176. I applied my TR 485 on 4th January 2011. My TR is refused. Now, I applied MRT to get extra time to achieve required IELTS band score. My question is if I submit my IELTS before my MRT case open will I able to win my case get my TR or not. Remember you here I applied my TR on 4th January 2011, which is before (1st July 2011) it’s before new rule is implemented. According my case situation will i able to win my MRT case. There are my friends, who are in my same situation who applied TR before 1st July 2011, saying that they can win, if we submit required IELTS band before MRT case open. I beg you please answer this question. It gives me peace of mind. Thanks grants for your reply. Appreciate

    • Immigration Pty Ltd

      Dear Sundar No you cannot win at the MRT in this way. Your friends misunderstand the various changes that have taken place involving IELTS. The get out of jail card you are talking about was if you provided a late IELTS after application BUT BEFORE DECISION. You did not. You situation is that you did not meet the iELTS requirement at time of decision therefore refusal. The MRT will make the same decision. They have to as that is what is in the Migration Regulations. Grant Williams

  177. I applied my TR 485 on 4th January 2011. My TR is refused. Now, I applied MRT to get extra time to achieve required IELTS band score. My question is if, I submit my IELTS before my MRT case open will I able to win my case get my TR or not. Remember you here I applied my TR on 4th January 2011, which is before (1st July 2011) it’s before new rule is implemented. According my case situation will i able to win my MRT case. There are my friends, who are in my same situation who applied TR before 1st July 2011, saying that they can win, if we submit required IELTS band before MRT case open. I beg you please answer this question. It gives me peace of mind. Thanks grants for your reply. Appreciate

  178. hi Grant,
    Currently I am on bridging Visas C and i have to go to my country on urgent basis. is there any way out so that i can travel and come back ?

    • Immigration Pty Ltd

      Dear Rajesh
      No not on a BVC. You can leave but that then cancels the BVC and you’d have to get another visa to return which is very difficult. Don’t believe DIAC if they tell you you can then apply for a Visitor visa. You can apply but they will refuse the application.
      Grant Williams

      • dear grant,

        I am holding Bridging Visas C, can i apply for partner visas? do i have to apply it offshore? and how much time it will take to get these visas?

        thanks
        Sam

      • Immigration Pty Ltd

        Hi Sam
        Don’t know as you have not provided enough information. At a guess probably offshore but they will depend on the details of the relationship – how long, any children, amount of proof of genuine relationship you have, why you’re on a BVC etc ..etc…
        Best to get someone to have a look at your case face to face.
        Grant Williams

  179. Hey hi there,
    i wish you from the core of my heart for doing such a wonderful job.

    I have graduated in 2009 as an Electrical engineer. Prior that, i was working with an electricl firm for part time (20hours) and later after graduation i wroked for full time (32 hours). I used to work for 25-30 hours most of the weeks. Because at the same time i used to work with AIUB as a lecturer where i am supposed to work for 32hours too.

    I applied for PR from Australia and finishing my MEng i came to my country. After few months, i got a PhD offer from a AUS uni and applied for student visa parallel. I got my student visa granted on 7th march and on the 8th march they call me and cancelled my visa.

    With the PR applicaiton, The main allegation the case officer said about me is, he went to the AIUB and he claimed AIUB said, i worked on Sunday to Thursday, 9am-5pm. He also said my other employer Cellco technologies said the same thing. Thus he came to a conclusion that, I cannot work in two companies at the same time. I told him about AIUB, that this is not true, as I have a contract to work for only 32 hours per week not 40 hours per week with AIUB and Cellco.

    Moreover, Regarding Cellco, the Managing Director said I worked for Sunday to Thrusday, 9to5 was just a mistake. I had a contract to work from Saturday to Thursday and as I was a site engineer there was no particular time table for me. This information was given on the job agreement of Cellco Technologies Ltd. My MD confused me with
    the other regular staffs. I worked closely with the project manager. So if he would ask all these questions to the project manager, he could give him more robust answers.

    Now case officer cancelled my student visa providing me a letter that i have provided false information in Pr application and the same document in Student visa. And the allegations are purely wrong. He gave me 28days to appeal for my student visa but yet to contact with my lawyer for my PR visa. It is also to be noted that, i have got TIN certificate, pay slips everything but still he is claiming that i have fabricated all these information.

    Now i have decided to appeal for my student visa and the documents i am providing is
    1) job agrrement of both companies that showing 32hours time.
    2) attendence register of both companies that i worked over there.
    3) pay slips.
    4) Application for permission to work in another company (from both companies.)
    5) statement from my Managing director stating that he said all these words in general basis.

    Now what is chance of getting the visa for me? and what is the time frame for an outcome from a appeal for studetn visa as my classes are about to start qucikly.

    thanks a lot in advance.

    • Immigration Pty Ltd

      Dear aadi
      That’s odd and a mess. Your Student visa is a cancellation so the MRT will action it approximately 90 dyas after they get the file from DIAc provided you lodge your application for review within the stipulated time frame. From what you say it sounds like you have a quite strong case. You say you have a ‘lawyer’ have you consulted them about this problem?
      Grant WIlliams

      • Dear Williams,

        sorry to bother you again. I am having some communication gap with my lawyer and also the time gap with my country and his.

        In the mean time, i would like to know under my circumstances what sort of documents should i gather for appeal? Will you please give me some ideas that will make my case more strong? my problem is described previously.

        please give me an answer.

        cheers

        AADI

      • Immigration Pty Ltd

        Dear AADI The purpose of my Blog is not to become a free substitute for comprehensive immigration advice. I don’t give out lists of required documents for applications. The only way someone can properly do this is to see all your paperwork from your application and the DIAC refusal. This type of work cannot be done via Blog post. Also please realise that I get hundreds of questions and saying things like ” my problem is described previously.” is really just telling me to spend my time looking up your previous posts so I can figure out your problem. I just don’t have the time if you can’t be bothered. Grant Williams

  180. Hi,
    I am going to apply the visitor visa or working holiday visa in Australia before my student visa(subclass 573) expire. I would like to ask what if I want to apply for PR or TR of Australia after my working visa or visitor visa approved?Am I still eligible for apply for TR or PR at that time?

    Kind regards,
    Ernest

    • Immigration Pty Ltd

      Dear Ernest
      I have no details about you at all and this makes it impossible to answer your question. The best I could say is maybe. There are many TR and PR visas. If your question is about Student to TR 485 or PR 885 for example you only have 6 months after completeing your studies provided they meet the Australian Study Requirement (2 year study rule) to apply with the student graduate waiver to recent work experience. Once you’re outside this 6 months you must meet the criteria for what ever visa you are applying for. Get someone to have a look at your paperwork. This Blog is not here to undertake complete assesments of cases.
      Grant Williams

  181. Dear SIr,
    Thanks a lot for the reply. TImes are passing like hell for me.

    MY PhD course is about to start on 30th March and now i am requesting UNI to deffer for 1semester. Dont know they will do that or not.

    About the lawyer, i have got an australian lawyer. But now i m in Bangladesh. Hence having a communication gap. But he is supposed to call me tomorrow and about to discuss about my next move. But he is appointed for only my PR file and there is no one to help me with my student file other than me. :(

    But the feeling is killing me cause each n every documents of mine is genuine and the case officer have seen all of them. But still he does not want to believe. And he did not even read my agreement (about working hours of 32hours only not 40hours.)

    but he has just ruined my scholarship and about to jeopardize my dreams.

    Williams, once i talk with my lawyer i will post what he said. Please do a little assist me on this regards…:)

    have a nice day

    regards

    AADI

  182. Dear Grant Williams,

    This is Kazi From Bangladesh

    First of all thanks for your efforts and advice. These are really helpful and so nice of you.

    I Will be very great full if you can advice me on following

    I have applied for GSM 176. My Case officer is claiming my employment is false or misleading. As my employment is genuine and authentic I have applied for MRT for my GSM 176 VISA.

    As from MRT website showing that it will take another 18 months. Meanwhile I want to apply for student VISA to complete a masters degree from Australia or New Zealand

    Well my query and concern is it possible to obtain a student VISA from New Zealand while my MRT is in the process ? As far as I know Newzeand DIAC and Australia immigration works together. As Australia refused my GSM 176 Visa showing false and misleading, moreover a MRT process is going on. If I apply for student VISA, Is this Australian issue is going to affect my student VISA of newzealand ?

    Thanks in Advance….

  183. Hi this is Aman . I have applied for GSM visa on 13th of march 2011. My file was opened on 22nd of february 2012. The case officer refused my visa straight way because i havent provided my english test. But i passed my english test on 2nd of march 2012. But at that time my case officer didnt give me 28 days. They asked me to applied for mrt in 21 days. I applied for mrt on 23rd of february. Now i have everything regarding my 485 visa . Can you please tell me do i need to submit my english test to mrt or immigration and how much time it will taken by mrt to make decision on my application. Still i am on risk to refused my application by mrt. If you give me knowledge about this i shall be very thankful to you for this act of kindness. With Regards Aman

    • Immigration Pty Ltd

      Dear Aman Your needed to have lodged your IELTS test outcome at the time you made your application. DIAC officer had to refuse your application as you failed to meet application criteria. The unfortunate fact that the test result pre-dated your application by 11 days begs the question …Why did you not include the IELTS when you applied? The MRT I fear will apply the same logic and affirm the DIAC decision to refuse the application. Grant Williams

  184. Mahesh Kumar

    Hi Grant,

    After I read all your response nicely. First of all, i thank you for your time and efforts. Secondly, I have question that i applied for Visa subclass 485 and was given BVA untill decision taken. however, i didn’t provided my IELTS result that time and than recently i came overseas on BVB and recently i was assigned a case officer and he/she requested the documents including IELTS which i have in Australia not with me overseas and i have to come back after two months and since i have to respond within 28 days of that email, isn’t it?. my question is, would i be given extra time to come back and provide them all documents or would my application be decided even i m overseas? what would be your suggestion in this matter. your assistance would highly be appreciated.

    Thanking Yours
    Mahesh

    • Immigration Pty Ltd

      Dear Mahesh you’re obviously in that group who DIAC are forced to allow to provide a late IELTS. No they will not give you extra time because you’re O/seas. You’ve either got to come back to fix this or get someone else to do it for you. Have you tried to get a duplicate IELTS to send them? If you don’t act they will refuse your application.
      GRant Williams

  185. Hi this is aman again but when i have lodged my application at that time i have no ielts pass result . so what i can do now so if i provide them now is this help me later on.
    with regards Aman

    • Immigration Pty Ltd

      Dear Aman

      I don’t see a solution to this really – DIAC were forced to refuse and the MRT cannot change the rules just because you now have an IELTS pass – you needed it when you applied not when they opened the course. All you can do now is tell all this to the MRT and see what they decide as you applied before 30 June 2011. Perhaps it will all be OK.

      Grant Williams

  186. Thanks grant

  187. hello sir,my 485 was cancelled and appied in mrt, i just won the case in Mrt.can u plz tell me how long now Diac will take to process my case as its already 14 days but i havent heard anything from them and can u please tell me how long it will take for my spouse to be granted visa after diac will grant my visa.Thanks in advance for ur help

    • Immigration Pty Ltd

      Dear Burpinder
      No real times frames for this. MRT remit case to DIAC and that usually takes a couple of weeks. DIAC generally get on with the processing straight away but it all depends on where the csae got to when they refused it. THis can happen almost before anything has been done or right at the end as for example a final document does not arrive on time.
      So I cannot say. Sorry. Subsequent entry visa take a few months to process in recent times.
      Grant Williams

      • dear bhupinder
        can u tel me plz what specific reason or document u provided to them
        any declaration or anything else
        please reply bro

      • Immigration Pty Ltd

        E-mail : desiozz@yahoo.com.au for Bhurpinder

      • Hi Grant,
        I hope u have a nice day.
        My T.R. Application refused in dec 2010 on the basis of false and misleading information. Then i lodge a application in m.r.t.
        I know that 485 is included in fraud PIC.
        There are three questions in my mind:-
        1. When the three year bar time would start ? ( after the refusal of T.R. e.g. Dec. 2010 or after the negative decision of m.r.t.)
        2. Is that three year bar also apply on me if i will try to lodge an offshore application?
        3. After my marriage, If i will be a secondary applicant in an offshor application then still that bar would applied on our application or not?
        I will really appriciate ur assistance.
        Thanks in advance.

      • Immigration Pty Ltd

        Sam
        Ban from the date of refusal
        Yes
        Partner applications are not subject to the ban or 4020 at the moment. Not sure what you mean by a secondary applicant though? Are you saying you will be sponsored by your partner?
        Grant Williams

    • Bhupinder bro can u get in touch with me as I got the same problem like u had.Can you plz reply me on my e-mail:garysingh09@gmail.com
      Thanks bro

  188. Dear Grant,
    Im very touched to see you reply to everyone just like me confused and depressed. We are so lucky to find you online… I decided to bring my case to seek your advice.
    I live in Perth over 8 years via student visa and 2009 my sub820 were granted. After 2 years we decided to lodge permanently visa sub801 but has been refused.
    they give me 28 days to pack my stuff and leave the country or MRT review but costing, long wait and unsure.
    My employer want to sponsor me as 457 has done step 1 and 2 sponsor and nominate approved however, because i am on BVA section 48 blocked for any further application.
    I have all my life in australia has built property and business cant just leave. Can we do Review on my sub 801 (waiting 2 years) while then can i apply any bridging visa to travel outside australia, go back home to my country apply for 457 and come back to australia waiting for it granted?
    Please advised
    Regards
    Luc

    • Immigration Pty Ltd

      Dear Luc
      I’d get someone with experience in 457 applications to have a look at your application for the 457 to make sure it is perfect and decision ready on the back of the approved SBS and Nom. If it’s all Ok I’d skip the MRT and the expense. Depart. Have the agent lodge the 457 onshore and wait overseas for the visa grant. They only take a few days to about a week (max a month) if they are decision ready. If you do the BVA to BVB shuffle via an MRT application to get it lodged and then return you will almost certainly have to depart again to get the visa granted (Regulation 457.221 (A)). All very costly. One thing that you need to consider and that needs to be checked is the reasons involved in the 801 refusal. If DIAC have indicated that this has involved false or misleading information in any way then the 457 visa can be refused as PIC 4020 applies to 457 visa applications.
      You should get professional advice. Not just online BLog help.
      Grant Williams

  189. Dear Grant

    I need your fervent advice in this regards. My friend went to australia on sub class 457 visa worked for 4 years, was expired in feb 2011 before that their sponsor gave them assurance of permitting them PR through her guidance they applied PR before expiry of their visa unfortunately she without intimating my friend sold away her shop and withdrawn the case from PR in oct 2011, my friend is working in the same shop but under new owner, my friend on the advice of friends filed case under mrt in the nov 2011, stating that their previous owner without intimating them withdrawn the case and they are in the panic situation and want to stay in australia. Still they haven’t got any reply regarding the case.
    At present, in Feb 2012, my friend got sponsor and joined in the shop as employer the sponsor filed all documents for PR due to Mrt case filed, my friend’s PR papers returned back. Now they are in total confusion what to do as they don’t have visa, mrt case has not come for hearing and the sponsor is not willing my friend to work in their shop.

    I need ur sincere advice in this context that there are any chances to get PR for my friend, can anyone sponsor my friend, what decision does mrt can give if they get positive they will give substantive visa or if they get negative result, are they has to come back to their country(India). If they withdrawn the mrt case there are any chances to stay in the australia country, if positive or negative they need to come to mother country, or their will be any ban for them to apply for pr or any sub class visa. Please explain for which i and my friend’s family will be very grateful to you.
    Thankyou.

    • Immigration Pty Ltd

      Dear Suresh
      I’m always puzzled when I get questions for one person about another person. Why is the applicant not asking? Sounds like it’s time this person actually spent some money and paid for proper professional advice. So far he’s taken the advice and help of an employer and then friends. Do any of these people actually have migration law qualifications or are they just makings stuff up to be “helpful”.
      This is a major mess and most agents will look at it now and either say it’s too hard or charge huge fees to try to sort it out. It will soak up a lot of man hours to even assess let alone write submissions to address the various problems.
      I really can’t say what the outcome will be without seeing all the relevant paperwork. From your summary the prospects do not sound good but you are clearly not accross the technical migration law issues and someone needs to check to be sure.
      Don’t expect people to be happy to just pick up this case. The worst cases to fix are those where applicants have made one error after another using unqualified and incorrect advice.
      Get help – this problem is way above your pay grade now.
      Grant Williams

  190. Dear Grant
    thanks a lot. I just forwarded this to my friend he will contact you.
    Actually he is in depression, that’s why he was not able to get suggestions from you and i tried my best.
    Please consider this and give your valuable advice.
    Thankyou.

  191. thanks Grant

  192. hi sir i am in a tribunal visa, is there a chance to visit my family back home? is there a posible way to get permit to exit and return to the country?

  193. Hi grant, my student visa is refused .now I hv applied for m r t …the reason of refusal was 9 month gap in my study. Now can I apply for 457 or 857 rsms visa … If yes thn wht is process to apply . I’ll be offshore or onshore .

    • Immigration Pty Ltd

      Dear Garry
      You have a s.48 bar to all such onshore applications because of your student visa refusal. You need to win at the MRT to be able to apply onshore.
      Grant Williams

  194. hi sir i am in tribunal visa now, can i have a permit to visit my family back home while i am in tribunal visa? can i get permit to exit and entry the country?

    • Immigration Pty Ltd

      Dear Nunu
      I assume you mean you are on a Bridging visa while waiting for an MRT review. If you hold a BVA you cab apply for a BVB. If you have any other level of BV you will not be able to travel.
      Grant Williams

  195. Dear grant,
    My name is Barun. I have been in Australia since last five years. Till now I have only completed my certificate III in commercial cookery.. after that it was leading to hospitality management which was only 4 months more to go. But I made a bad decision and left my course. After that I got married to the girl from my country Nepal. She was an international student and we loved each other so I was on a dependent visa upon her. But after 1 year my marriage didn’t go as expected and she was with another man.. so I was pretty sad… And slowly our relationship began to fade… And we decided to get divorced.. after that I got student visa easily and after that my life took bad turn… I had no concentration ,motivation as well and couldn’t continue my studies.after the college cancelled my coe. And I got another college too but still I was in bad circumstances. So that was that .. it cancelled.my Coe too…. It was all because of my lack of judgemental capabilities….. So I moved to Melbourne and applied for my student visa… Then they asked for all the compulsory documents like bank documents and Coe and ielts, oshc and I had provided that all to my agent. But unfortunately they didn’t send any of those to my immigration officer… And due to that my visa got refused.. she had even asked for the gap as well… But after that I applies for mrt and its hearing date was informed to me by those agents… I went there but at that time I didn’t have any valid Coe.. and they considered me as not a genuine student and it decided not to change the decision… I am in real trouble right now… I now m in good condition mentally as well.. and I really want to finish my studies as well as if possible pursue further studies as well… What do you suggest me to do and what are the possibilities of that?? I really love it here… And want to be a Gud student as well as well as successful person… But I don’t know what to do… I only have about 26 days to make a proper decision… Please help me with your suggestions Grant… That would be a great help for me….

    • Immigration Pty Ltd

      Dear Barun
      I cannot see any solution to your situation. You can write to the Minister to ask if he will use his power to grant you a visa but you do not meet hios guidelines from the information you have provided so that approach will fail quite quickly and you will have to apply for a BVE with no work while this is decided. I’m afraid you’ve run out of pathways. Sorry but there are no magic solutions to your situation. Really you should prepare to depart.
      Grant Williams

  196. Respective Grant,

    I have been looking your website and have been going throuhg a comment made by you on different request by different people
    I know its hard to find real migration agent who can suggest a exact solution here in sydney, many of them plays for money only,.
    same thing happen to me , i hope plase give advise on my case what should i need to do..and if possible i will visit your office please give me brief solution what should i do sir, i am in big problem

    My case
    I was on student visa 573, i defer course on july 2010/2/07 till 22/11/2010, ther is a gap between more than 4 month….i did defer because my Father was hospitalized twice on 2010 due to heart problem, i was so worried to go overseas and i defer my course as soon as i know my father was hospitalized to get ready to go overseas,later on having proper communication with my family, they suggest me not to come home…rather keep going study , family will take care here, Father have got private care system at home.
    But when i went to colleg to ask about re join they had issue new coe which was commencing on 22 nov only, and i went to agent also they said not to worry if u contiouing your study…so i didnt study anything on that gap, even my situation was so bad here, i have to take care of my wife because she was hospitallized before my course defer, around on june , we had to change our appartment etc i got may problem in here…time pass so fast and later on i join to my colleg on NOv intake after defer i continute till two semester but i couldnot pass properly and i drop my course to Adv diploma of management for 6 month from july and i finish that in good marks it was 6 month course, and i finnish my visa now…
    we had apply for visa from my wife as main applicaton and i am as her dependent now…but immigration ask what i was doing on that gap…if i was not studying what you were doing..
    so what should i write reason sir…i am in big trouble…but the thing is agent misguided a wrongly …about defer even i ask them they said not to worry .
    as my wife is main applicant , why they ask my history is there any serious ???

    please help me
    Regards
    roee

  197. hi sir,i need some information from u,actually my application for tr has been cancled bec case officer asked for medical but i was overseas due to marrige n my agent didnt tell me anything about it. anyways i applied for mrt now n wanna call my wife here in ausralia so will u plssss give me advice, which is the best way to get my wife here.tanx very much sir

    • Immigration Pty Ltd

      Dear Rakkar
      If you are now on a Bridging visa DIAC are not going to let your wife join you.
      Grant Williams

      • tanx for reply sir.yes sir m on bridging visa a so is thr any chance to get a visitor visa for my wife,so she can come to see me.tanxxx

      • Immigration Pty Ltd

        There is always a chance. I got one for a couple in similar circumstances the other day but they’d already had two refusals before they came to me.

        Grant Williams

      • No, you can not apply for any partner visa for your wife. Your wife can apply for tourist, visitor or student visa. I would prefer to go for student visa. It costs you a lot, I mean it will cost you more than a tourist visa, but there are a minimum chances of refusal for student visas. And moreover, she will be able to get visa for about 2 years. In the meantime, while she is on student visa and you get a decision about your MRT, hopefully if it’s positive then you can add your wife in your application.
        Unfortunately, if your application get refused, then your wife can sponsor you.

      • Immigration Pty Ltd

        Hi Kaval
        Not sure who you are but unless you have registration as a Migration Agent you should not be offering migration advice it’s against the law. You really do need to stop doing this… I know you’re only trying to help but the consequences of you giving the wrong advice could be quite severe. In addition I cannot be seen to be allowing you to offer this advice on my blog.
        Grant Williams

    • hey Rakkar.., I did u applied MRT by urself or through agent..?
      I was also in same case, could’t take medical on proper date so 485 visa refused.., will our case win in MRT plz help me brother..

  198. I have studied for a hairdressing course starting May 07 and finishing in Dec 08 and applied for my 886 visa in Jan 09

    I am a little concerned about the 92 week study rule

    When I applied and was accepted to my college the course was classed as full time 2 academic years (100 weeks)

    A quarter of the way into my course and they stopped this course over 2 years and changed it to hairdressing and salon management,

    I was thought it was ok as mine was still a 2 year course.

    I have since looked at my documents and have noticed the course name has changed from WRH30100 on my enrolement letter to WRH30106 on my graduation certificate

    When I have done a search for the cricos number for this new name it is only registered at 82 weeks.

    I have a CO now and am so worried that this might be grounds for refusal
    l

    • Immigration Pty Ltd

      Please don’t post the same ques=tion in different places it wastes my time and stops other people getting help! Post once.
      Grant Williams

  199. my application for student visa got refused thats why i apply for MRT. but they did not mention for BVA or BVB

    • Immigration Pty Ltd

      When you are on a BV and DIAC refuse your application and you make a valid application to the MRT for review your BV simple continues on. Try reading the fine print on the visa label and you see it says that the visa covers you for review applications Grant Williams

  200. tanx for advise sir ,sry for ask again bec i didnt get any idea from ur reply ,so whats the best way to get my wife here bec i really wanna my wife be here in australia so what should i do n whats the best way. tanxxxx

    • Immigration Pty Ltd

      Dear Rakkar There is no way to get her here if you tell DIAC the truth about your marriage. You may have seen Kaval’s reply to your post and my reply to him. This is not sound advice he is giving as to do this you would have to not tell DIAC about your relationship. While this might (and I stress might) work in the short term it will come back to bite you later if you make any other application as they will say “what wife? What husband – You’ve lied to us” – and then perhaps refuse a PR application. The trouble with “clever’ solutions that unqualified people suggest is that they almost always have bad longer term consequences.

      You already have a problem don’t make it worse. Again just so we are clear DIAC will not, if they know all the facts grant your new wife a visa to join you in Australia until your review case is finalised. Grant Williams

  201. hello Sir
    my name is Meenakshi…i need to ask you something very important & also if you have time to answer…Sir i am on MRT since september 2011 till present…when my visa was refused i applied for a further stay on cert iv in business & diploma in management…but i got visa refusal in mid of august & applied for MRT in first week of september…i changed my course from cert iv in business to cert iii in painting & decorating on 1st september & going to finish it in oct 15….i want to ask you if i finish my course & did not get any decision on my MRT case would i be eligible to apply for TRA(Trade Recognition Australia) or if my Employer is willing to sponsor me then apply for Employer sponsored skilled migration or not….what you suggest if i finish my course but did not get any decision on my case then what should i do?should i write to MRT to withdraw my case as i competed my course & wishes to apply for TRA or should i ask MRT to give me decision as they can sanction me 28 days valid visa so that i can apply for TRA or Employer sponsored skilled visa i.e. 457 …Please reply me on my mail id if you can
    mm211084@gmail.com

    Best Regards
    Meenakshi

    • Immigration Pty Ltd

      Dear Meenakshi
      You are at the MRT and on a Bridging visa. You can not apply onshore at all. You are barreed from making any onshore application by Section 48 of the Migration Act and by Schedule 3 of the Migration Regulations. DIAC will not even accept an application from you. You can apply to TRA for a skills assessment while on a BV but that is all. It may be possible to lodge on offshore employer sponsored application but you will need to be overseas at time of lodging this application (poissibly on a BVB). The only hope for any onshore application is to win at the MRT. Not siye what you’re talking about with the “should i ask MRT to give me decision as they can sanction me 28 days valid visa ” this is I suspect a misunderstanding of the validity of a BV once you lose at the MRT so don’t withdraw as this is simply not correct!
      Grant Williams

      • Hi
        First of all Thanks for replying…..Thanks to tell me that even if i am on MRT i still can apply for TRA…..so can you tell me if i finish my course & then i ask MRT to give me a decision on my file as i have finished my course & would like to apply for TR or PR would they give me a favourable decision decision…if i lose the case will i get some days to apply for another file than student visa so that i can apply for my TR or PR in the meantime….
        Regards
        Meenakshi

      • Immigration Pty Ltd

        The MRT does not work that way. You will just wait your turn to have your case looked at. You can’t just ask them to make a decision. As I have already said in my last answer you cannot apply onshore unless you win at the MRT and DIAC then give you a new visa. If you lose at the MRT you will not get to lodge another file here. Grant Williams

  202. Dear sir
    i m in worst situation at the moment i had apply for tr last year in may 2011 without ielts band and without tra and after july 2011 i cant apply for tra without 6 band ielts score so i tried as my lawyer told me u had to bring 6 band within 6 months but i cant and in january end i found sponsor in rsms visa and i already got rcb aprroval i m about to apply my rsms visa next week and i got my case officer last week for tr application and ask me to submitt the documents within 28 days now my question is if i logde my application for rsms offshore is there any chances that i get visa before 28 days and i withdraw my tr file or it take 3 months in sydney because its regional in sydney or can i go to mrt for tr review even if i dont reply or submit the documents to case officer and second i had done the medicals but for my wife we didnt do xray so is this possible they will not grant the visa for rsms untill my wife give birth to baby due on 19 june 2012 or i had done medical for tr xray last year in may 2011 so can we show that for my wife to grant visa
    thanks

  203. Dear sir
    i m in worst situation at the moment i had apply for tr last year in may 2011 without ielts band and without tra and after july 2011 i cant apply for tra without 6 band ielts score so i tried as my lawyer told me u had to bring 6 band within 6 months but i cant and in january end i found sponsor in rsms visa and i already got rcb aprroval i m about to apply my rsms visa next week and i got my case officer last week for tr application and ask me to submitt the documents within 28 days now my question is if i logde my application for rsms offshore is there any chances that i get visa before 28 days and i withdraw my tr file or it take 3 months in sydney because its regional in sydney or can i go to mrt for tr review even if i dont reply or submit the documents to case officer and second i had done the medicals but for my wife we didnt do xray so is this possible they will not grant the visa for rsms untill my wife give birth to baby due on 19 june 2012 or i had done medical for tr xray last year in may 2011 so can we show that for my wife to grant visa
    thanks

    • Immigration Pty Ltd

      Dear Ateeq
      That’s a mess. It seems you have a lawyer why are they not sorting this out for you?
      Simple first. No visa can be granted in any PR stream if one of the applicants cannot complete the medical. So until your wife can finish the medical all processing will be on hold.
      Sounds like the TR will be refused as DIAC do not mess around with applicants who have lodged without IELTS and in addition you have no Skills assessment. If you are refused and go to MRT you’ll stay on your current BV. Yes you can lodge an offshore RSMS but as I said at the start that will just wait until your wife can do the medical.
      Gerant Williams

  204. thanks for ur reply sir
    so even i had not ielts and tra and if i dont submit the documents my tr will be rejected and i can go to mrt ?
    And if we go for xray for my wife with protection can we get visa for rsms visa before due date and if i go to mrt for tr will this affect my offshore rsms visa

    • Immigration Pty Ltd

      Dear Ateeq Yes if you do nothing they will refuse and yes you can go tot he MRT. The X-ray for your pregnant wife sounds like a really dull idea. Grant Williams

  205. Hi
    Thanks For Replying…now i understand everything clearly…..i just want to ask you one last thing…as i am on WA010 bridging visa because of MRT…so i can study my course or not?

    Thanks
    Meenakshi

  206. Respected Grant
    First of all thanks for your efforts and advice. These are really helpful and so nice of you.

    I Will be very great full if you can advice me on following
    Hi Mr Grant its Bhupinder here again,as i told u before tra revoked my skill assesment and immigration refused my visa but than i went in Mrt and they said ur experience is geniunine and remit the application back to Diac,today Diac sent me email to send me the skill assesment again,so what should i do now,call Tra and tell them about Mrt decision and ask them to reinstate the decision ,will tra give me positive assesment after Mrt decision or what options do i have,Thanks in advance

    • Immigration Pty Ltd

      Dear Bhurpinder That’s good news. Yes I would contact TRA and explain the situation to them and ask them to reissue the skills assessment. Did TRA actually revoke your assessment? You may need to send TRA a copy of the MRT decision. Anyway try to talk to someone at TRA. They are all part of the Federal government. Grant Williams

  207. hi Grant,
    my name is amanpreet .i am on student visa.i got married last year.i applied for my husband for spouse visa.but it got refused because we didnt show 6 months old funds.but now we got 6 months old funds and all the documents so is there any chance if i apply again my husband will get his visa.ply reply.thanks alot

    • Immigration Pty Ltd

      Aman
      I assume your husband is overseas. Make another application if you can now meet the criteria. You must have at least 6 months left to run on your student visa.
      Grant Williams

  208. HELLO SIR,,plz advice…i am on bridging visa at d moment,and my wife is on tourist visa which will expire on 14 april 2012,,,,i am indian which comes under high risk and assesment level 4,,,i wanna apply her onshore FIRST student visa,,if it granted ,then this is well and good but it carries more chances of refusal due high risk and assesment level 4 country,,,if it got refused,,HOW MANY CHANCES R to get MRT [migration review tribunal}??????????as far as i know everyone cant apply for MRT,,coz immigration do not give right to everyone to apply for it......IN CASE luckily if she got right to apply for MRT,,,CAN SHE APPLY 4 PARTNER VISA WHILE ON MRT [by terminating mrt when i got PR]???????? if she can,does MRT carry any bad effect on partner visa like processing delay or refusal?????? … coz in two three months I will got PR [hopefully] plz help,,i won”t her to go back…….THANk YOU

    • Immigration Pty Ltd

      Sunny
      She cannot apply for a student visa onshore (in Australia) as she is not from an AL 1 country. She must make the application in India.
      Grant Williams

  209. is there a place where some one applying for an offshore student visa can ask for a review like mrt. i was made to understand that offshore student visa rejections cannot be challanged?

    • Immigration Pty Ltd

      Dear Harshil
      No. There are no review rights for offhsore decisions of this type.
      Grant Williams

      • Dear Grant, thank you for your reply. it is actually for my wife. i am on a bridging visa a leading to 885 subclass. as of today the website says thay have reached filed for 21/11/12 where as i filed mine in 17/12/2009 and the wait is really long. i am not even sure if the dates metioned on this website are correct or not?

      • Immigration Pty Ltd

        Dear Harshil “as of today the website says thay have reached filed for 21/11/12″ I think you mean 2008 Grant Williams

  210. amankaur8896

    thks Grant.

  211. Hai
    i came australia to complete my bridging course to get Nursing council registration. came on 456 (Short stay) visa. After completion of my course(3months) i took visiting visa for two months. After completion of two months i applied for visiting visa extension, then i got the information from DIAC that if am going with this application i will get only the NFS, So i withdraw the application and i got 28 days to leave Austarlia. While am planning to leave, i got job and sponsorship from one public hospital, My sponsorship got approved from DIAC and i applied for 457 visa. but now i got the letter from DIAC stating that my visa application has been refused because during the time of lodging 457 i was not having a substantial visa. What can i do for this. Is there any benefit if i go to MRT?

    • Immigration Pty Ltd

      Hi Deepa
      No the MRT is a waste of time as you’ll lose there and it will take years to be heard. Better to depart and then relodge the 457. All you’ve had is a refusal onshore and there is no ban on any further application proivided you depart while you’re still legal.
      Grant Williams

  212. Hello sir
    my name is Manpreet…and i am here on a student visa…i am studying Painting & decorating which i am going to finish nearly mid of june…but Sir when i came to Australia i was on Multimedia course but i did not even finish half of that & my college closed down…after i took this Painting & decorating course for 1 year & after this i have to do cert iv in business & diploma of management…I want to ask you that if i finish my cert iii in Painting & Decorating & then my employer is willing to sponsor me can i apply for ENS visa in Melbourne or not or i have to finish my 2 years study first & then i can apply for ENS?Waiting for your response…

    Thanks
    Manpreet

  213. Hello Sir
    My name is Harry….i am on MRT…i have finished my course in automotive & want to apply for TRA….can i apply for that…& also my Employer is willing to sponsor me but because i am on MRT so am i eligible to apply for ENS? most importantly i want to ask you that if MRT open my file now would they give me a positive response as when i apply for MRT that was for student visa but now i have finished my course & i am not willing to do diploma in management anymore so if i ask MRT that i have finished my studies & i want to apply for my TR or ENS visa would they give me a valid visa to apply for that apart from student visa or do you think they only will give decision on study visa?

    Harry

    • Immigration Pty Ltd

      Dear Harry
      ENS is a PR application and A) I do not think you can apply with this comnbination of study as an exceptional circumstances student graduate applicant as the studies are not closely related and you must be able to meet the Australian Study requirement (old 2 year study rule) and B) this pathway will disappear on 30 June 2012 with changes to this Employment based program. You may be able to apply for a 457 TR visa which in 2 years will lead to ENS once you complete your P&D studies. You’d need to get some professional help with this as would your employer.
      Grant Williams

      • Hello Grant
        yes i understand what you men to say but now i am thinking if i want to lodge my TR or PR with ENS i.e. 457 visa can i apply for that or not as i think to apply for that i need a valid visa but MRT is not counted for that….and Sir when i first came to australia i did Cert iii in bakery & 1 year diploma of management & now after that i have done cert iii in automotive so i think that diploma can be counted with this automotive studies for 2 years study requirement….

        Thanks
        Harry

      • Immigration Pty Ltd

        Harry The Diploma and Auto studies are not closely related in my view and the 2 years must be closely related to meet the Aust Study requirement. To apply for 457 you’d need to apply while you were offshore as you are on a BV. Grant Williams

  214. Hi Grant,

    I highly appreciate your work and helping out people in their visa issues.
    I am in a complicated situation at the moment and need some assistance for the same.

    I am on 485 due to expire on the 6th july 2012(after 3 months), did my Masters of Marketing and finished that in Dec. 2009. It took around 1 year for my 485 to be granted to me. Currently I am working as a ‘Marketing Officer’ with an experience of 4 months and also have acheived a band score of 7 in each. I need 12 months of exp. for PR in my field but the visa expires right at where I d be having only 6 months only and to complete this experience I require a visa till dec. 2012.
    My company is reluctant to go for 457 as it some thing new and requires a lot of documentation, even though the company qualifies the eligibilty requirement easily. I was looking into a student visa but i guess I might not be eligible for that. Plus I came to know about the EOI that will be initiated from 1 july.
    I am really confused & in a state of panic from past few weeks as to what to do and what options I have. I would really appreciate your help in this matter.

    Thanks,
    Kind Regards,
    Dally

    • Immigration Pty Ltd

      Dear dally
      I assume you need the work experience points?
      Well as you point out 6 months is not 1 year. If you can’t pass the points test you can not get the visa.
      I’d be really trying to get your employer to consider 457. With sound professional help it should not be very difficult for the business or yourself.
      Grant Williams

  215. dear gramm , i have gone through your blog and found it like quite useful . i am quite sure that i will have a clear understanding regarding my current circumstances . i have lodge my visa application yesterday which is like a day after the expiry date of my visa . i was being told by the DIAC that my visa is likely to be rejected since it has been done twice . the 1st time it happened was in my fault and second time it was due to negligence of a college that refused me to issue coe over some exclusive agency relationship matters . i got the offer letter under one agents name and wanted it to be changed to another agent . however the college took my final vital 2 days to work on it and at the end they rejected despite the fees was paid but the principle following my conversation with college kept me hanged on the hope that he will issue coe before my visa gets expired , he did indeed but it was late . i have all my correspondence recorded in to my email . i had no idea what i have done until i was in DIAC counter to lodge my application . i am keen to finish my study even if i am rejected . i got the coe from macquarie university at master program along with the other coe at certificate 2 to support the time gap .i would like to know what are my chances to get refused . if i go to mrta , can i exercise my full students rights like working 20 hours in a week which will be very vital for me . i have no working rights now .what will be my chances to win this case if i am rejected on the ground of negligence and i finish my study . thanks

    • Immigration Pty Ltd

      That’s the first time someone has spelt my name …Grant that way! Gramm????
      Yes your application will be refused if this is the second time you’ve applied after your visa has expired. All the explanations in the world don’t change two facts a) this is the second time and b) you are responsible for your visa application and the expiry date of your visa. If someone else has also been at fault you can take legal action against them or perhaps lodge a complaint against them if they are an agent with MARA. If you go to the MRT you must lose eventually. You’ll probably have to apply for permission to study.
      Grant Williams

  216. thanks Mr grant for ur advice once again,yes tra revoked my assesment before saying its fraud experience but i gave further proofs at mrt and they said ur expreinve is geniune and they remitted case back to diac,nowi have sent the mrt decision to Tra,now fingers crossed and hope tra will send the positive assesmnet .Thanks again for the advice and ,ur really a great man helping evryone,advice me if i have to do anything else or just wait from tra ,thanks once again

  217. dear grant thanks for your useful information . may you can please tell me if i withdraw my visa application right now and go back to my country following the time frame the diac will provide me and lodge an application from my home country , will my application get refused on the same ground of negligence or they will consider it a fresh application . i heard like if get refused once , they will consider the reason for not granting the visa and will refuse eventually on the same ground ! thanks .

    • Immigration Pty Ltd

      This two strikes rule only applies to onshore applications. Your point about DIAC looking closely at applications where the applicant has a record such as yours is fair enough. Basically if you can meet the criteria for the visa application you should get the visa. You might want to check with DIAC to see if they have placed a ban on further offshore applications as you have been unlawful before you rush to do anything. Grant Williams

  218. hi sir
    please can you tell me i applied student visa 572 but DIAC refused my visa i gave them all doc but they ask me to sources of income and refused my visa stat away. now i applied MRT can i go overseas because i have genuine resone
    thanks
    luck

    • Immigration Pty Ltd

      Dear Luck
      If you have a BVA from your student application you can apply for a BVB to travel. You need to have a substantial reason but you can expect to be at the MRT for well over 1 year maybe 2 years so DIAC should allow the BVB without any problems.
      Grant Williams

  219. Hi Grant,
    Thanks heaps for your response, yes you are right tthat I need work exp. points. I just had a question in my mind which i am a bit confused about – Am I affected by the new govt. legislation of Expression of Interest(EOI) ?
    As I am a 485 from the transitational arrangement (Prior to 08 Feb 2010).
    If you have any clue about this new changes by DIAC, and again thanks for your help.
    Regards,
    Dally

    • Immigration Pty Ltd

      Dear Dally The transitional group falls into two parts. 1. Those who had a 485 visa or had applied for a 485 visda on 8 FEb 2010 and 2. Those who were on a Student visa on 8 Feb 2010. If you are in group 2 the 485 visa application is all you are eligible for under the transitional provisions. I really need more info about you to be able to comment further. Grant Williams

  220. Hi grant , i am happy in the fact that i have not been refused instead a bridging visa has been granted and being asked to show my financial capability to support my studies . my email saved me and finally i can see myself going for better education which i have waited for 2 years . thanks again .

  221. hi sir luck here again
    i applied student 572 for extension when i applied they granted me BVA but they refused my visa i put my MRT application yesterday can you please tell me after put my MRT after how many days i can go oversea? can i go stat away?.so please sir can u tell me which visa i have at the moment.
    thanks sir for quick response

    • Immigration Pty Ltd

      Dear Luck If the MRT accepted your application and you paid the MRT fee and you were on a BVA you will still have a BVA. It takes between 1 and 2 weeks for the MRT to inform DIAC that you have made a valid application for review and after that you will be eligible to apply to DIAC for a BVB for travel. You will need to have a good reason for this travel and you should only apply for the BVB within 2 weeks before you wish to travel. Grant Williams

  222. Hi Grant,

    I am Fenix, and I am currently applying for a further student visa (573). I am concerned that my application might get refused after my current visa expires and holding a BVA. If i apply for MRT am I able to stay in Australia with a BVA? This is my final year and I don’t wanna just go home and do another semester next year, or worse, another year.

    • Immigration Pty Ltd

      Yes you can stay on the BVA and study if you get a refusal and lodge with the MRT. Grant Williams

      • What should I do if I’m still waiting for the decision from MRT, and I want to cancel the review because I might not be coming back to Australia after I graduate?

      • Immigration Pty Ltd

        You can withdraw an MRT application if you wish. You will lose your application fee. Think carefully before you do it as you cannot change your mind! Grant Williams

  223. Sorry for all these questions. I’m feeling insecure for my current application that I lodged a few days ago. Or I am just being overly cautious.

    What happens if I lose the case? I assume that I will need to leave the country and then since I have a bridging visa do I have the 28 days to leave? or do I get something else?

    If I win the case does that mean I will get the visa?

    If i withdraw from the application will I still have the BVA?

    I am guessing this MRT application is only tied to whatever visa that i lodge for. So am I right to say that this will have no impact on any visa applications that I will be making in the future?

    • Immigration Pty Ltd

      Fenix

      You are being a tad overly concerned … however

      If you lose an MRT you get to depart approx 28 days after the date of the decision while your BVA is still valid.

      If you win at the MRT they remit the case to DIAC with instructions usually that you meet whatever regulation they said you did not meet and then they grant the Student visa.

      If you withdraw you get 28 days on the BVA to leave.

      It will generally have no impact on a future application. This depends on the reason for refusal of course. If you provided bogus documents for example this will haunt all future applications.

      Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

  224. Hi Sir
    luck here sir i put my MRT appeal on 02-04-2012 and i got my acknowledgment letter for MRT on 03-04-2012 and also paid the full fee as well so can you please tell me can i apply for BVB stat away because my mother in hospital with heart atteak and i need to treavel urgently.

    thanks for quick response sir

    • Immigration Pty Ltd

      Go to DIAC if you are on their system as having lodged an MRT application they will grant the BVB. Take your MRT letters. Grant Williams

  225. Hello sir am jst appy my mrt and am waiting ,how long it take and one more thing I hve to go to school as well or wait fr mrt. Am already cancel. My Coe ,can u tell me plz I hve to go to school or wait fr mrt

    • Immigration Pty Ltd

      Harry the MRT wait depends on where you lodged the MRT application. In Sydney for student refusals 2 years plus.
      No you do not have to study while you wait but you will need to be enrolled when your case is about to be heard by the MRT. Remember you’re trying to convince the MRT you are a genuine student! So some study might work for that idea.
      Grant Williams

  226. Rajinder singh

    Hello sir, I lodge my application last year in MRT . I know the result in coming negative because I could not pass my ielts exam, so what can I do after, if I go back to my country can I come back after on student visa again or is there any another option? Please answer my question. Thank you

    • Immigration Pty Ltd

      Rajinder
      Impossible top answer your question as I’d need to know all your details to be able to give an opinion and the BLOG is not for that sort of assessment. In general generic terms yes it is possible. And yes it will need to be a new application from overseas.
      Grant Williams

      • Rajinder singh

        Tnx for reply sir, actually my lawyer messed up with my case, he gave me wrong advise and he misguide me, so I am going to tell my all the story in hearing, can I do this or not. Another question is after hearing how much time I will get to leave the country? Thank you

      • Immigration Pty Ltd

        Yes you can tell the MRT this story. Whether it will have any impact is hard to say. 28 days from the date of notification of the MRT decision if you lose. Grant Williams

  227. Dear Sir,

    Am a Chef by professional and I had applied for ENS 856 last year and it got rejected stating that they are not happy with the training. I had withdrawn my file and we are again going to put up a file. I had submitted all my documents to my lawyer on 11th Feb and she did put up my file she said that she was busy with students visa as their visa was getting expire and so she didn’t put up my file and now she said that my wife has to do her PCC as it got expired on 8th march and she said my wife has to do PCC and after receiving her PCC she will put my file. I just fail to understand my lawyer.
    Can you advice me anything on this.
    One more that I would also like to know that the certificate of TAFE for food and safetly will be of any help if I submit that certificate and would you advice me to join for that course.

    Best Regards,
    smita

    • Immigration Pty Ltd

      Dear Smita
      If you are trying to lodge an Agent Decision Ready application and the Police certificate has expired then you need to get a new oone. If it’s not a decision ready application it can be lodged without the PCC which can be supplied later.
      I can’t comment on the value of the Dip you mention as I have not seen all your other paperwork.
      Grant Williams

  228. Hi grant , m on mrt becz of student refusal in Sydney frm June 2011 & still I hv nt listen anything frm them. When I lodged my application fr extention of my visa thn my further student visa supposed to be extend till April 2012 which already near to pass . M continuing my study during this period & m going to continue my study in further too, some questions which I want to clear (1) if I win mrt on what base they will issue the student visa means hw long (2) I hv studied in diploma level & can I change nw means can I do masters (3) hw long I hv to wait for mrt decision(4)if I want move from Brisbane to anyother state it will be fine or it will effect on my case(5)diac just refused me becz I defer my studies fr 5 months during my pregnancy with the dr advice & I hv valid medical certificates too frm an Australian dr. Fr tht time period,whts ur concern abt tht type of case in mrt .otherwise I hv provided all the docs.to diac.M WAITING FOR UR ANSWER THANKS IN ADVANCE

    • Immigration Pty Ltd

      Dear Gurmeet If you win at the MRT they send your file back to DIAC for further assessment (called remitting your file) and generally that means DIAC will grant your student visa. It’s not always that simple and depends on why it was refused and at what stage of processing the application. As you’re at the MRT you can study anything you wish Generally takes about 2 years for the MRt to get to your case. Move where ever you want Sounds like you have quite a strong MRT case. It might be worth getting some professional help to make sure you win. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

  229. Hi grant, My name is ERIC. I have 485 bridging visa A. And few days ago, the case officer started looking at my documents. However, I haven’t succeeded IELTS(6.0) yet. I took 9 times and every time I have failed only one section (5.5). Anyway, I found sponsorship(RSMS-119 offshore), I lodged RCB 3 weeks ago and waiting for approval. The thing I am concern is that is there any chance I can have further day for having bridging visa.

    Could I explain to case officer that I have applied RSMS, so could you give me little more time until I am getting my RSMS visa approved.
    If that doesn’t make sense to them, what can I do for it.

    Could I book another IELTS, show them receipt as proof and can I request extension with it?

    Please help me.

    Eric,

    • Immigration Pty Ltd

      Eric
      The 485 processing officer will not give you extra time fo an RSMS application. The system does not work that way.
      Grant Williams

  230. hello sir i am pinder i apply for mrt in june2011 now can i got sponcer in perth but i am lvinig in melbourne i can apply employe sponce or not plz let me know sir

    • Immigration Pty Ltd

      If you’re at the MRT you’ve had an onshore visa application refused or a visa cancellation. You cannot lodge any application while you are onshore (in Australia) S.48 bar
      Grant Williams

  231. hi sir
    i had applied tr 485 last year and now i had got case officer on 22 of march 2012 and he requested me to submit the documents within 28 days as i havent got 6 each in ielts so my file will be rejected but in between i had got sponsorship in rsms which i had already post last week which is offshore 119 visa but till today i havent got acknowledgment number as i call immigration and they reply they havnt receive yet so now my question is if my tr rejected and they receive my rsms file after tr rejection will it be accepted or i had to apply mrt and stay on bridging and then i had to apply i m very tense plz reply me correctly and also how much u charge for mrt and if i wanna apply decision ready file for rsms 119 how much for that
    thanks

    • Immigration Pty Ltd

      Dear suhu
      First i do not accept MRT applications from applicants who are simplyly trying to buy time. That’s not why the MRT is there and applicantions of h=this sort make it so much harder for genuine applicants who are seeking review. If you don’t have IELTS then the 485 is doomed.As to the RSMS I heard today that they are at least two weeks behind in receipting application right now in this section. Nothing you can do to change the 485 or the RSMS so I guess all you can do is wait and hope it all works out.
      Grant Williams

  232. Dear Sir,

    my name is Suman, I really need your help in my condition. I have applied last year, 15th march, 2011 for temporary visa 485, my file was allocated to case officer this year on 6th march, 2012. when my file was opened , I was overseas at that time and came to know after 5 days that i have been allocated to the case officer. I have told my case officer that i was overseas and asked for extra time to submit my required documents. he didn’t gave me extra time . though, i came back before the 28 days period expire and start the process of documents. i booked the very first date for medical which was 20th april 2012, on the same day, he refused my application .
    in between the process time, i have given an ielts exam , and applied for rechecking for the result of it. He did not asked me about anything like when i am providing my ielts document and other related documents.

    so, should I go for MRT??? is there any chance to win the case?
    how long it normally takes?? also can i study after applying for MRT ?

    waiting for your reply. please help me out, I will be very grateful to you.

    thanking you,
    your’s faithfully
    Suman

    • Immigration Pty Ltd

      The MRT is your only option. You’d have a fair chance of winning if this is the whole story. It may take up to 2 years to be heard at the MRT.
      Yes you can study anything you like.
      Grant Williams

  233. Hi grant, my student visa is refused .now I hv applied for m r t …the reason of refusal was financial query no sufficient fund in account. and now employer ready to sponsor me,can I apply for 457.or direct 857 visa … If yes then what is process to apply . I’ll be offshore or onshore,if offshore when i should offshore how long time i need to go overseas?when i need to overseas?i confuse about visa subclass if employer sponsor me which visa i can apply 856 or 857 what is different b/w this. i am waiting for your reply please as soon as possible.i am very thankful of your. thanx grant

    • Immigration Pty Ltd

      Ash
      You cannot apply for anything onshore as you’ve had an onshore refusal. S 48 Migration Act.
      The 457 process is complicated and you need professional help especially as your employer will need to lodge the Sponsorship and Nomination applications onshore and I would suggest get approvals bepfre you depart and get someone (your agent) to lodge the application for the 457 after you depart. It is best if you the stay offshore until the visa is granted.
      You need to get someone to assess this beofre you go any further to be sure that a) the employer can apply and b) you are eligible for the visa.
      Grant Williams

      • Thank u Grant

      • HI Grant
        i confuse about visa subclass if employer sponsor me which visa i can apply 856 or 857 what is different b/w this. i am waiting for your reply please as soon as possible.i am very thankful of your.
        Thanx grant

  234. thank you so much Sir, for the reply..
    it relief the burden.
    thank you again so much. have a good day ahed .

    Suman

  235. hi gaint i applied mrt for 485 visa i just want to know that can i take study while mrt in process or not……………

  236. hi Grant,
    As u give me information like so,i confuse am i not eligible for got sponsorship or 457 visa . please i request you give me your view i am eligible or not?
    Thanks

  237. respected sir ,
    i m samim ,
    with lots of expectation m here,my student visa file has been refused,so wat shud i take next step sir please please giv me reply,as u help everyone plz help me as soon as possible

    • Immigration Pty Ltd

      Your only basic option is to appeal to the MRT. Why was the student visa refused?
      Grant Williams

  238. Dear Grant,
    Thanks a lot for the reply. TImes are passing for me it’s really very helpful to me.
    i am confuse about visa subclass if employer sponsor me which visa i can apply when i am in mrt 457 or 857.can i apply direct 857 visa. pls helping me out.i am waiting for your reply please as soon as possible.i am very thankful to you.
    Thanx dear grant.

    • Immigration Pty Ltd

      Ash as I’ve already told you you cannot apply onshore for any visa. You’d have to depart to lodge the visa section of a 457 application after your employer’s Sponsorship and Nomination application were approved. Grant Williams

  239. sahil
    SIR,thanks for reply..
    threre r only three reson for refusing my file
    1)according to reasons my research was basic for my course and australia
    2)they dint satisfied by my reseach of course
    3)according to 3rd reason they believ that i have choosen australia by sumbody’s advise..
    sir please help me please

    • Immigration Pty Ltd

      I’d really need to see the refusal letter to assess if you had any real chance at the MRT. Scan it to me by direct email – not via the BLOG. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: https://immigrationptyltd.wordpress.com

  240. Pl calculate my PR points for Australia.
    i m 28 years old.
    i m bachlor of pharmacy.
    i have 4.2 years experience in pharma field.
    i got 6 band in general IELTS.
    My wife is BE Computer science.

    Pl advise for PR file process.

    Modan.

  241. Dear Grant,
    My name is Santhosh, I applied for 485 in march 2011 and my case officer allotted on this march 2012, my pending documents is Indian police clearance and I have already paid $$ for medical checkup the time when i applied 485 in 2011/march itself. now my passport is the identification evidence for medical check and I asked my case officer to give time to take medicals and the I need to take Indian police check because for that i need to submit my passport.
    he gave me time and my medicals exam booking was on 29th of march , but i couldn’t turn for the exam and changed the date to 2nd may but I dint inform this to my case officer that i changed the date..,
    now my 485 is refused and I got the mail,
    this is my story.
    my questions are, Is it possible to mail to my case officer again my situation and request and is it possible for his reconsideration. have u came across any case that the case officer reconsidered after rejection,
    or MRT is the only option…?? and if i go for MRT can i work and stay in australia .., approximately how long this MRT takes ..?, actually I need my TR now to apply my PR.( i have enough points)., so don’t wana go in to MRT.., can i convince my case officer..,
    please help me out sir,
    thank you so much..,

    • Immigration Pty Ltd

      No you cannot ask them to reconsider. You’ve made the mistake not them so the only option is the MRT.
      Grant Williams

  242. Hi grant ….thanks for helping people
    I have some doubts , I have applied for MRT on 14 june 2011 and havent got any reply from them … I had come to australia for masters in Biotechnology and Bioinformatics at latrobe universities ….but couldnt continue the course after 1 st sem because of some personal and family financial problems …I didnt go to any uni in further 1 and 1/2 year after that I applied to extend my visa but got rejected and i applied for MRT . Last month i have got admission for masters in bioinformatics in finland and supposed to apply for student visa next month …please let me know that
    1 ) student visa rejection or cancellation in australia would cause problem in getting student visa in finland ….? 2) what if i withdraw my MRT application ? 3) would finland immigration authorities come to know about my student visa in australia ..?

    thanks

    regards
    Dan

    • Immigration Pty Ltd

      Dan I’m sure you know more about Finish immigration law than I do. I cannot imagine that this rejection will be a problem for this new overseas application but again I know nothing of the system in Finland.
      Grant Williams

  243. My TR 485 visa refused because of not submitting my medical exam check on time, I was unfit on the day of exam and postpone it to other nearest date and didn’t inform the case officer I postpone the date, I gave all other documents. my date of medical exam was on 13th April as I send the booking conformation to Case officer but I didnt atten the medical exam, postpone date is 2nd may.., which I dint inform to the case officer. I got refusal of my 485 visa at 27th april. So my question is If i go to MRT can my case win..? because my only mistake is not providing medicals in proper time and 2nd may I can get the medicals done.., plz help me.. thanking you..,

    • Immigration Pty Ltd

      If you do not meet the criteria at time of decision DIAC must refuse your application. It’s too late now but why on earth did you not inform them?? The MRT is bound by the same rules as DIAC. They cannot just somehow ignore the Migration Regulations for you. So I’d think your prospects are not good at the MRT. Grant Williams

  244. Hi I have applied for MRT three months before my 485 visa was refused because of my English test now I have submit my English test to MRT can you please tell me can MRT look at my case soon or how much time it will took I think I have chances to win at MRT

    • Immigration Pty Ltd

      From what you have told me I am of the view that the MRT can only make the same decission as DIAC.
      Grant Williams

  245. Good Morning Grant,
    I am Ruby from Darwin. I am currently on bridging visa A waiting for the MRT
    decision for 14 months but nothing much happening. I am doing bachelors in nursing and working as a disability support worker. I am only allowed to work 20 hrs a week but bcz of huge demand of support workers in Darwin my Boss is happy to sponsor me as he wants me to work full time. I had a relevant qualification for aged care (cert iii in aged care). My question is if i apply for RSMS visa (119), what are the chances of getting permanent and also do i have to lodge my application offshore. Can i lodge it while I am in Australia. What would be the circumstances if i lodge it in Australia, do i have to be in India when the visa will be granted. do i have to go back to India randomly just before my case will be open or is there will be any case officer who will give me chance to go overseas before he grants the visa. And if I cant lodge it here do i have to go to India and lodge it there and then come back and wait. And also does EOI model will work for me.
    Sorry for all the messing, your reply would be much appreciated
    THANX
    RUBY.

    • Immigration Pty Ltd

      You have had an onshore refusal so you cannot lodge any application onshore.
      You need to consult a professional migration agent or specialist lawyer close to you to help you with these aplications given the need for you to travel offshore to lodge.
      Too complicated to do over the BLOG.
      Yes you can engage with the EOI system while on your BV. This application if you are invited to apply after your EOI will not keep you here after your current BVA runs out. No BVs under these new GSM applications
      Grant Williams

  246. Dear Sir,

    I have lodged a file for 856 (ENS) on Monday and I have not yet received the acknowledge for the same. May I know how long will it take to give an acknowledge and when will we get the result of the same. we have applied for decision review.

    Waiting for your reply.

    Thanks & Best Regards,
    Smita

    • Immigration Pty Ltd

      I assume you mean decision ready. Did you lodge this application using a Registered Migration Agent? Grant Williams

  247. Dear Sir,

    Thanks for your reply. Yes its decision ready and we have lodged using a registered Migration Agent. I would like to know that how many days it takes to give an acknowledge when we lodge a file.

    Waiting for your reply.

    Best regards,
    Smita

    • Immigration Pty Ltd

      Recently they have been taking over 2 weeks as they have a huge number of recent applications. Grant Williams

  248. dear sir,
    i recently applied rsms 119 visa offshore in australia and i got my acknowledgment letter but my question is can i get medicare card now till i get visa or not ?

    • Immigration Pty Ltd

      Take your letter to Medicare and ask to apply they will tell; you. Not my area.
      Grant Williams

    • suhu i got similar case like u can plz get back to me on my e-mail :garysingh09@gmail.com
      thx a lot

      • not similar case but need to get info abt rsms119 visa!!!whts the requirement can u apply while on mrt or not???plz get back to me my e-mail is:garysingh09@gmail.com
        thx

      • Immigration Pty Ltd

        119 is an offshore application that has no therefore got a BV associated with the application. If you are at the MRT for an application refusal you have a s48 bar on onshore applications. You must be offshore at time of visa grant for a 119. So yes. Grant Williams

  249. Dear sir
    i am raj and i was in 573 visa and i have got one subject left to complete my bachelor but immigration ask me to sumbit loan and eglish requirement but with some silly mistake i fail to provide them n now i apply for MRT do u have any idea wheather i get my visa back or not
    thanks

  250. hi there, i m harry,i m secondary applicant ,my wife is uesd to study in perth,.Because oF some reasons i had applied for:” MRT”.NOW she is giving me divocred after three months,and my company wher i have been working for more than three years ,they are ready to sponser me ,can i apply 857 visa or any other kind visa which i can get ,i m really in trouble ,so i need your help ,as soon as ………….. thanks harry

    • Immigration Pty Ltd

      If you are at the MRT and on BV no you cannot apply onshore. You will have to make an offshore application. Depending on why you are at the MRT this may also not be possible if you are subject to any application ban.
      Grant Williams

  251. Thnks for suggesting sir.

  252. hi grant its ruby again from darwin. is it possible to apply new subclass 187 onshore even if you have holding bvA.if i get the employer sponsor under labour agreement. plz look at this new subclass effecting from 1st july 2012. plz reply as i have this only hope to apply for the permanent. thanx a lot.

  253. ram gurung

    hello sir/madam
    my name is ram gurung.due to my not good health i havent apply for studeent visa.an my visa period has been finished. its been lik3 45 days .
    i dont know what to do know.can you pls pls let me the suggetion what i need to do.i want to apply for mrt cassese is that good or not …
    thank you sir

    • Immigration Pty Ltd

      Ram
      I’m not really sure what your situation is currently. Are you saying your student visa has expired and you have not made any new student application? That is you are unlawful right now. Or are you saying you lodged a new student application 45 days after your student visa expired? If so has it been refused?
      I need more info to be able to give you an answer.
      Grant Williams

  254. S P Neupane

    Dear Grant
    You are so great. I read many comments of yours in this blog.
    I came to Melbourne, Australia as a student (visa subclass 572) with my wife from Nepal. My wife gave a birth of son on 21st Nov 2010 and then they went back to Nepal on May 2011 and still there; they had visa till Nov 2011. I enrolled new course after completion of course and I applied again onshore student visa (572) and tried to include my wife and son as well but immigration said, can’t include dependent visa if they are in overseas, u can mention their name on your visa form and if I got visa then they would apply from overseas. I mentioned their name when applied visa and I got visa till 15th March 2014. I sent invitation letter from college, nomination form, attested passport, OSHC and all required document from here. They lodged the visa from Nepal to High Commission of Australia, New Delhi and they asked Medical and to show fund.They had medical and they showed the funds from nominated financial institute (Bank), the fund was genuine and then high commission asked to send bank statement but did not mentioned the period of statement, but my family send them 3 months period of statement. after sending the required document, High commission sent a refusal letter and they said they are not satisfied with the financial document. and they said you can’t apply for review. I would like to ask you, can my wife lodge another visa application again? or if she doesn’t lodge another application and can she get refund the visa charge from high commission? High commission did not mention about visa charge refund.
    Thank you

    • Immigration Pty Ltd

      No refunds and yes she can apply again but just make sure you get the correct financial documents this time around for you assessment level.
      Look at the resaon for the refusal and address it when you apply again showing how you are now giving them the correct documents.
      Grant Williams

  255. Dear Grant,
    Firstly I would like to thank you for your great effort,you are one of the legend.
    Can you please give me suggestion regarding my situation..
    My name is John, My situation is: I completed Diploma of Accounting from Sydney and applied further visa for bachelor of accounting, Unfortunately DIAC refuse my application because i was not able to submit ielts. After one week i got my ielts score overall band 7, then i applied MRT as the DIAC regards me to do.Now its been more than 18 months still My MRT application has not decided,sometime i used to ring Tribunal officer and they answer me “your application is under review, be patient ”
    However,I’m going to complete my bachelor of accounting in a month.
    My confusion is after finish bachelor can I work full time and wait for the decision from MRT or I most study next course?and can i leave Australia for 1 month as a holiday ?

    • Immigration Pty Ltd

      John Once you finish your degree you can work full-time. However when the MRT come to consider your case ypu will need to enrolled in some eligible coures as they cannot give you a student visa if you are not legally enriolled visa a valid COE. If you have a BVA then you can apply for a BVB to allow for travel.
      Grant Williams

  256. Hi Sir
    I am luk can you give me some information? that at this time i am on MRT i want to apply humanitarian visa because i am eligible to apply for this visa.so can i apply for this visa in MRT?

    thanks sir
    Luk

    • Immigration Pty Ltd

      Yes but I’d be getting some advice before you take this step from someone who specialises in refugee law. Try talking to the good people at IARC – it’s a free sevice esp for people seeking to make such applications http://www.iarc.asn.au/ Grant Williams

  257. Inderjeet Kaur

    Dear Grant,

    My name is Inderjeet. I did Masters in Accounting and finished it on 21st Dec2009. My student visa was valid till 15th March 2010. In the meantime, before applying for my PR I went overseas and came back in January.I lodged my PR application(885) on 11th March 2010. I had IELTS score of 7.5(7 each). The mistake that I did was that I was unaware of the rule that changed on 1st January to assess the degree before lodging the application. I didn’t get my degree assessed before mid april. The case officer was allocated to my file on 15th april 2010 and I received email from my case officer on 29th July 2010 notifying me that my application was invalid as my degree was not assessed on 11th March. In the meantime I sent a couple of emails to DIAC and made a few phonecalls to check the status of my applicatio as all my classmates got their PR within one month or so and mine was taking so long. Everytime I was replied that my file is under routine processing. After refusal, I contacted my case officer and she suggested me to lodge another PR application, though it would be refused as it didn’t meet six months requirement, and then go to MRT, and that she will help me with further processing. Now I have appealed in MRT on 18th April 2011 and haven’t heard anything yet. Under FOI, I have received my file from DIAC which clearly states that my case officer put a note on my file on 30th April 2010 that my file was invalid. I had valid period to relodge my PR application till 20th June 2010 had I been handed down with the decision before that date. I don’t understand why DIAC took so long to notify me of the decision when it was already decided in April itself.
    Please advice me how can I prepare myself for the hearing? Is any of the fact given going to help me. I’m so desperate, please help me.

    • Immigration Pty Ltd

      Inderjeet
      I don’t know why it took so long. I’m not sure there is much you can do to prepare for the MRT hearing. It seems an open and shut case and that the MRT will affirm the DIAC decision. However you’d be well advised to get some professional advice from someone who can look at your paperwork. If you are working in your nominated occupationa and can meet the 1 year work expereince try applying for a 175 offshore application.
      Grant Williams

  258. Inderjeet Kaur

    Thanks Grant.

    Though I’m working as an accountant for last one year but as I’m on BVC so I’m advised that my work experience won’t count towards my PR. Also, I’m doing CPA and I’ll be full CPA by end of next year. If I go for minister’s appeal will it help?

    Inderjeet

    • Immigration Pty Ltd

      If you have work permission on your BVC it is DIAC sanctioned.If not well that speaks for itself. You do not meet the Minister’s guidelines.
      Grant Williams

  259. Dear Grant,

    I’m so happy to find your blog, you’re an angel. I like to write my problem as short as I can. I’m a master craftman and I got a Sponsorship for subclass 457 we applied last year. My employer got refused because of the nomination we applied again and we got refused again. I went to an Immi Lawer and he sayed we need to appeal on it, but my employer didn’t want to do it and sayed to the lawer she knows what to do. It’s unbeliveble. However they have now the nomination and told me I have to leave the country that they can lodge my papers. (By the way my bridging visa is going to expire on the 24th of May.) One day befor my flight they came around and told me we can’t lodge your papers because of your IELTS you need to do it again and change your flight and so on. Anyway I gave up and left the country because they didn’t want to do it with the lawer and since we applied I feel like in a nightmare. I would like to get a tourist visa to organized my stuff and travel around Australia befor I go back to germany.
    I’m very sad about it so much stress, effort and money. It wasn’t my fault and I think it’s not fair to not able to apply again because of my employer.
    If I would have another Sponsor is there another form to apply for a workvisa?
    Thank you very much. I highly apreciate it.

    I look forward to hearing from you.

    Warm regards

    • Immigration Pty Ltd

      Elizabeth
      I assume that your 457 application was refused due to the Nomination refusal? Is that correct?
      If so this is why you would need to depart to lodge an new application. S 48 of the Migration Act is a bar on a new onshore application following an onshore visa refusal when you are on a BV.
      Same will apply unfortunatelky to a Visitor visa. You have to depart and come back on an ETA.
      Grant Williams

  260. hi sir
    actually i have realyy bad condition.
    im a student in melbourne when my visa near to expire i meet an agent who told me he can apply a work visa for me. well i accept his offer and he is fraud he ran away to his country police still finding him.
    but when i check visa on vevo its apper that i got bridging visa (wa10)
    im shocked i havent complete my study how he applied TR for me…

    well now its expired on yesterday 16th may but i applied MRT on 15th may …..i checked on vevo its showing me expired tell me sir what is my visa status. and please guide me what to next.

    • Immigration Pty Ltd

      Vishal
      It’s just not possible to say from the information you’ve provided. You need to go to see a good professional migration agent immediately with all your paperwork to see if they can sort out what is happening. This cannot be sorted out via Blog posts. You need to do this tomorrow if possible latest Monday.
      Grant Williams

  261. Hello Sir, I’m Navneet. I applied for 485 visa in June 2010. DIAC refused my application in October 2011 without any reason. They said I didn’t submit my IELTS but I already submit my all documents. So now I applied MRT. I’m going to India in October.so could you tell me is there any chances to come back in Australia ? How long can i stay in India? Please sir I’m looking forward for your reply.

    • Immigration Pty Ltd

      Navneet
      If you have a BVA you can apply for a BVB to travel and then retun within the validity of the BVB and wait for your MRT case. If you submitted the IELTS and the MRT can substantiate this and that’s the only reason for the refusal you’ll win at the MRT.
      Grant Williams

  262. Grant Williams

    Dear Sir or Madam

    My name is Lyne, my question is, I applied for 485 TR last year and the visa was refused because I didn’t get 6 points in all (IELTS), I was given an option of MRT. I’ve applied for the RMT which I no my case is week, will I be given options at the the MRT, or what are the chances because I want to go back to School.

    Thank you

    • Immigration Pty Ltd

      Lyne
      The MRT must follow the same Migration Regulations as DIAC when considering your application for review. They cannot waiver from them. If you did not have the correct level of IELTS at the time DIAC made a decision on your application the MRT must also make the same decison. They cannot give you another chance I’m afraid. They will affirm (agree with ) the DIAC decison to refuse your application.
      Grant Williams.

  263. Grant Williams

    Thank you for your reply, am Lyne so if I want to apply for another Visa can I go offshow and apply before the MRT makes a decision.

    Thank you

  264. Hi,My name is Joe.My 457 long business stay visa nomination been refused recently and i am going to put a MRT next week.my question is while my MRT in process can i launch any application in off shore and comeback i have 2.5 years work experience in Australia and can i switch my employer if i gotta job offer and sponsorship……reply and help me please…….i need some expert advice…..cheers.

    • Immigration Pty Ltd

      Yes offshore applications are not affected by an onshore refusal.
      Grant Williams

      • Hi Grant,
        Thanks for your reply…. I have a 2.5 years full time work experience in Australia (Electronics) and 1 year experience in Overseas can i apply GSM offshore (PR) VISA if this possible can you let me know the process and time frame for that Visa.

        One more question can I go overseas to apply GSM or Sponsorship Visa on off shore and come back to Australia while my MRT in process.(muliple entry is possible ?)..

        Thanks ……..

      • Immigration Pty Ltd

        Joe It’s not that simple. Someone needs to do a complete assessment of your potential GSM case. Eligibility and Points Test amongst other matters. This is not what this Blog is for. You need to get some good professional advice to move this forward. Miles too much info for a Blog answer. Grant Williams

  265. Hi, I got cancellation my visa in 2010, after I appeal in high court if I reject from there can I apply for another country. Thanks

    • Immigration Pty Ltd

      I don’t know as I only do migration to Australia not the rest of the world. Sorry.
      Grant Williams

  266. Dear Grant,

    I am waiting on the response of the case from DIAC(they are not happy with the 52 weeks work experience in IT produced by me, in that 4 weeks of work is less than 20 hours, but i Produced total experience of 48 weeks of full time and 20 weeks of part time .i.e. 18.75 hrs ).

    It has been nearly 4 months since my last communication from them,,,,,

    What is the maximum time taken by DIAC to respond in cases like this?

    In case of Visa refusal what is the chances of me getting thru MRT???

    Thanks
    Vicki

    • Immigration Pty Ltd

      Vicki
      GSM definition of work is a minimum of 20 hours per week so I’d say they will not count any of the 20 weeks at less than 20 hours.
      There is no time frame for their response. They will respond when they are ready to do so. Nothing you do will change that.
      Does not look promising to me from what you’ve told me. MRT are bound by exactly the same Migration Regulations so if DIAC say no so will the MRT in this case.
      Grant Williams

      • Thanks for your Response……. it is my appreciated…

        The one small bit of information which is related to the work offered is that …..I was given a offer letter of permanent Part time (i.e. 2.5 days) per week….. I initially thought it would be 20 hours, but i came to know about that only after a months later. I Could ask my employer to explain that for me, in case, if its needed..
        Could this evidence him me in any case….

        Cheers,
        Vicki

      • Immigration Pty Ltd

        Vicki I’d really need to see the employment documents and DIAC will want to see Pay Slips which will list hours and even Tax Returns. Grant Williams

        Sent from my iPad

  267. Sorry I forgot to mention the subclass V885 old 120 points …..

  268. Hi Grant…
    Can i apply GSM Visa while my MRT waiting for decision. I am in Melbourne…thanks..

  269. Hi Grant…
    Can i apply GSM Visa while my MRT(457) waiting for decision. I am in Melbourne…thanks..

  270. hi grant
    m sandeep kumar from perth city ,actually just want to know from you i applied my 119 visa file in april and now i got a notification of a pre grant of a regional sponsored migration scheme (class an,subclass 119)visa .
    so now i have to leave australia for 3 full days m going tomorrow in india can u tell me please still they can refused my file or its sure they going to grant my visa ?

    • Immigration Pty Ltd

      Sandeep
      Sounds like you’re about to get PR. It will be fine. Have a nice trip
      Grant Williams

  271. Grant Williams

    Hi Grant,
    If am in a marriage relationship with my husband who is PR and i was denied 485TR, can it, be possible to apply for marriage visa and do I have to go offshore or

    Lyne

  272. Hi Grant
    my visa is cancelled because of not having a valid coe ,
    I lodge Mrt ,if I continuous study now,than what about the decision of mrt,that may be in my favor or not ?

    Thanx
    Amandeep

    • Immigration Pty Ltd

      Amandeep
      At the time DIAC cancelled your visa you did not have a valid COE. TThe MRT cannot change this fact. If there was some reason beyond your control that caused this or somehow DIAC got the facts wrong there may be some chance of winning at the MRT but if the facts are as simple as you relate them then I cannot see how anything you do after the fact can change the past. So no I do not think the MRT can find in your favour.
      Grant Williams

  273. fact is not simple as explained, i moved from melbourne to perth & applied for release latter from my college they didn’t send me any release latter i provide all the emails print out to immigration but officer was not satisfied with that on the other hand i got some family problem in my home country,but he refuse every thing . he was not listening me. he was decided to cancel my visa untill i can give some proof . my mom was very serious that time but he didn’t give me any chance to prove that.

    • Immigration Pty Ltd

      Amandeep None of this will change the position of the MRT. Sorry. It’s more complicated butb the basic fact remains the same. Grant Williams

  274. Hi Grant,
    I just got my visa refuse for the reasoning of the 6 months study gap in actual the gap was not for 6 months basically it was only 3 months, but i was not able to prove because college is asking me fees for the another period from October 2011 to febuary 2012. the reason i didn’t pay the fees was because i already got enrolled in tafe in november 2011 but my classes were supposed to start in Febuary 2012 . so why should i have paid them the fees.The requirment of the case officer was for the period from july 2011 till febuary 2012 so this i was not satisfied them. Now please guide me for the further option if is there any hope to lodge the application in M.R.T. will be very thankfull to your help.

    • Immigration Pty Ltd

      Given what you have said there may be some hope of winning at the MRT but someone needs to look at your paperwork and make a full assessment. Can’t do that over the Blog
      Grant Williams

  275. Grant Williams

    Hi Grant,
    If am in a marriage relationship with my husband who is PR and i was denied 485TR, can it, be possible to apply for marriage visa and do I have to go offshore
    Lyne

    • Immigration Pty Ltd

      Lyne Can say as I don’t have enough details. How long have you been in this relationship. What visa are you now on? It’s not that simple unfortunately. Grant Williams

  276. Grant Williams

    Hi Grant

    My Visa was refused because of the English and I applied to the MRT.
    My question is, if i do my English again and pass will I be granted my 485TR or its waste of time

    Thank you
    Lyne

  277. dear Williams
    first of all thank you for helping other people such a great person,,,

    my question is that i had a student visa which was expired and i didnt know about bcuz i renewed my passport 3 years ago and all the visa details were in the old passport which i dont have any more thats why i was not sure when it was due to expire and thought it’d expire in june which wast the case anyways i needed to extend my visa for one more semester to finish my study so i went to the immigration with my new COE for the extra semester and application form but at that time they refused to take my application and told me that my visa was expired only 30 ago (legally i was allowed to stay for 28 days right ? ) so basically i was 2 days late (unlawful for 2 days) and then they issued me E bridging visa and asked me to leave once i finish my exams (I’m having them now) and once i leave i’ll be subject to exclusion period for 3 years so I wont be able to come back and finish the only one semester i have,,,

    my question is now if i do submit my application for student visa according to them it will be most likely rejected right?? after my application would be rejected can i apply for MRT arguing that i was busy with my study and i didnt have my old passport with me PLUS the 2 days late i was sick and went to the GP and he gave me a medical certificate in case i want to take a rest and not go to uni so im thinking to use it here ?? if i apply for MRT what are my chances of wining if no chance what is the minimum time till the MRT decision would be made ?? in other word do you think i will have time to finish my semester before the decision is made ?
    other fact to consider:
    - my visa was 4 and half years and needed extra half.
    - i have never worked in Australia during the time and not planing to.
    - when i got my visa at the first time my english was really really bad and wasnt able to read and understand all the visa condition.
    - I’m level one assessment.

    please please reply me as soon as you could,,,

    thank you so much sir,,,

    Iham,,,

    • Immigration Pty Ltd

      Iham
      No you were unlawful for 30 days and they will still accept an onshore application from someone who has been unlawful for 28 days or less.
      If you apply now it will be refused. Any onshore refusal will automatically give you the right of MRT review. The question is will they even accept your application as you have signed to say you will depart.
      You cannot win at the MRT.
      Grant Williams

  278. hi Grant,

    how r u

    Thanks for helping all of us.. my questioin is that I have applied my 485 last year.. still no case offocer.. But I did not submit my ielts by the time of application. Other side, my employer has already applied for RCB on 10 may 2012.. still waiting for reply. Now, what happen if my 485 visa application get refused, can I still apply for RSMS 119 after RCB approval?? and can I apply MRT for 485 application? And also, If I lodged my RSMS 119 to DIAC and waiting for acknolodgement letter and between this time if my 485 refused then??? can I still apply MRT??
    please reply with your best advice and knowledge.
    Thanks
    Akshar

    • Immigration Pty Ltd

      Short answer is Yes to all your questions. You do realise 119 is an offshore application and that this visa disappears on 1 July 2012 when the system changes.
      GRant Williams

  279. hi Grant..
    Thanks for quick reply.. just one doubt .. if my 485 refused… still I can apply 119 visa while in Australia????? thanks

    • Immigration Pty Ltd

      119 is an offshore application in your circumstances you’d have to depart to lodge the application. If you held a substantive visa you would not have to leave. Grant Williams

  280. Ruby Sidhu

    HI Grant, sorry to bother you again. I am currently on bridging visa A waiting for my MRT decision for one year. My employer want to sponsor me as a disability support worker. I am working here for one year. I am looking for applying subclass 187 under direct entry stream (as i did cert iii in aged care and have six each in ielts). I am currently seeking migration agent’s advice and he is keep saying that you have to wait as the full legislation has not been issued. But it looks like its wasting of time and money as i cant get the proper guidance as there is lack of migration agents in Darwin. PLz Plz look upon my circumstances and give me the right advice whether i am eligible to apply it or not. Also can i apply it onshore as there is no distinctions for onshore or offshore.
    Thanx in advance.
    Ruby from Darwin

    • Immigration Pty Ltd

      The agent is correct the legislation is not yet available so no one can actually tell you the exact Regulations for this visa. However for Direct Entry you must have 3 years post (after) qualification work experience in your nominated occupation. IELTS of 6.0 in each band and a successful skills assessment. Dom you have these things. You will be able to apply while you are onshore as far as I can tell but there will be no Bridging visa to keep you here while you wait for processing. Grant Williams

  281. Hi Grant,
    Thanks for helping all of us. I just wanna ask u one question that if at mrt some one would get negative outcome then is there any way that he/she could stay here legally for 4-5 months to complete his debts or any other kind of urgent things. It is the case of 485 refusal.
    Pls reply it, i will be thankful to you.

    • Immigration Pty Ltd

      Gary
      From the date of an MRT decision to affirm the DIAC refusal your BV runs out in 28 days – so you have 28 days to leave. If ypour case were to meet the Minsier’s Guidelines you can request the Minister to make a more favourable decision in your case which will take perhpas 1 year but only, and I stress only if you meet one of his guidelines. For those who make this request just to buy time the Ministerial Intervention Unit turns the request around very quickly as it is essentially an abus eof process. You would have to go onto a BVE for this request and there is no work permission generally if they see the request as a time buying exercise.
      Grant Williams

  282. Hi. My husband currently works for a private office in Victoria. He holds a 485 visa. His employer decided to sponsor him for 457 visa. The first two stages (sponsorship and nomination) were approved in just one week each stage. But the visa application stage was refused by DIAC apparently because he did not meet eligibility as accountant. He was a marketing graduate from the Philippines but received a positive assessment as accountant/internal auditor from Vetassess back in 2009. He is also working as an accountant since joining his employer in 2010. You think we can expect a favorable decision from the MRT?

    I know that he will be given a bridging visa once we apply for a review. Am I allowed to join him in Australia while the case is being processed other than applying for a visitor’s visa? I’m currently in Manila. Appreciate the time.

    • Immigration Pty Ltd

      Cher
      Sounds to me like you’ve managed to get the skills assessment and the nominated occupation mixed up. An Internal Auditor is not an Accountant. Completely different occupations. Internal Auditor assessed by VETASSESS. Accountant sare assessed by the professional accounting bodies like CPA. It is highly unlikely that a Philippines degree would ahve made it through the CPA assessment. So I guess that’s why you used VETASSESS. However if you put Accountant as the occupation on the Nomination and you gave DIAC a skills assessment as an Internal Auditor it was always going to be refused. The MRT will make the same decision. They must as the occupations are different, at different levels of skill and qualification. If you apply for review he stays on the BV he held for the application.
      Has the 485 visa expired yet?
      If it has not you could reapply onshore. Lodge a new Nomination as Internal Auditor and a 457 visa application for the same positiion. Much better than an unsuccessful MRT application. Alternative: Lodge a new Nomiation as I’ve just suggested (Internal Auditor) and go offshore and have the 457 visa lodged when he’s out of Australia and wait there till it’s granted. This is only necessary if the 485 visa has expired. Also he’s the only one that needs to leave not family members.
      Grant Williams

      • Thanks for the prompt reply Grant, appreciate it. He was assessed as Accountant-Internal Auditor by Vetassess in 2009 before CPA was made the assessing authority for accountants. Isn’t that an assessment that he’s qualified for a nominated position as Accountant or Internal Auditor? So when we filed for 457 we were confident that he is qualified as an Accountant because that was what the Vetassess assessment says. That’s why we were surprised when DIAC refused his application on the basis that his skills assessment is not relevant to the nominated position when he has a positive assessment as Accountant-Internal Auditor.

        Since he will have a BV when we file for an appeal, can he sponsor me under his 485 visa and stay with him until the MRT makes a decision? His 485 visa is expiring this month. Thanks again.

      • Immigration Pty Ltd

        VETASSESS ahve never been the assessing authority for accountants that is not correct. It has always been the Professional Accountiing bodies. So no it os not the skills assessment for an accountant. Not sure who told you this but is just not correct. I’ve been at this stuff since 1997 and it’s been the accounting bodies since before I began.

      • Immigration Pty Ltd

        Whoops pressed the wrong button. If you still hold the 485 apply again Nomination and application 457 before the 485 expires and use Internal Auditor as the occupation on both. Much better than going to the MRT. As he holds a substantive visa there is no bar on another onshore application. It cannot be on the online system and will need to be a apaper based application. Grant Williams

        On Sat, Jun 2, 2012 at 6:07 PM, Grant Williams wrote:

        > VETASSESS ahve never been the assessing authority for accountants that is > not correct. It has always been the Professional Accountiing bodies. So no > it os not the skills assessment for an accountant. Not sure who told you > this but is just not correct. I’ve been at this stuff since 1997 and it’s > been the accounting bodies since before I began. > >

  283. Thanks grant. But “Accountant-Internal Auditor” is what is written in the certification issued by Vetasses to my husband in 2009.

    • Immigration Pty Ltd

      DIAC have told you. I have told you. We are both correct. I’m sorry but an Internal Auditor performs some accounting functions but they are NOT an Accountant. There is a solution rather than waste your time and money following this pathway which you WILL lose reapply as I suggested. VETASSESS are not licenced to assess Accountants and they have never been in that position. Grant Williams

  284. Grant Williams

    Hi Grant,
    My visa was refused due to my English and I’ve applied to the MRT. My question is if go to the MRT with the correct mark is there any chance of getting 485
    Thank u
    Lyne

  285. hi there ,
    my name is chandani ,i have been studying in australia brisbane since 3 years but the problem is i left my school after my first semester due to some economical problem and then i stay away from study for year after that again i studied buissenes and i completed my certificate 4 i applied for my visa and it was refused, due to unsufficent time and because of my carelessness.now i have applied for MRT and my visa status is on bridging now …so my question is can i study nursing in this kind of visa because i realy want to start my study and i am capable with my economic things aswell so it would be great if i here from you..if i could study and get coe or not…or its impossible now to get my coe for nursing..

    • Immigration Pty Ltd

      Yes you can study while you are at the MRT but if you start a course like Nursing I cannot see how you will finish it if your lose your MRT appeal. Which from what you’ve told me sounds quite likely.
      Grant Williams

    • Immigration Pty Ltd

      Yes you can study while you are at the MRT but if you start a course like Nursing I cannot see how you will finish it if your lose your MRT appeal. Which from what you’ve told me sounds quite likely.
      Grant Williams

  286. hi grant
    i had apply my rsms visa 119 offshore in mid of april 2012 and i had apply my tr 485 last year which was rejected on 10th of may 2012 and i apply for mrt and my question is do this affect on my 119 visa or can it be rejected because of 485 rejection or not?And how long it can take to get nomination approval and grant visa for 119 and its in regional sydney.
    Thanks
    nilu

    • Immigration Pty Ltd

      No the 119 application was already lodged. How long is a question for DIAC as I have not seen your application.
      Grant Williams

  287. Krishna Neupane

    Hello Grant,

    I am currently on a spouse 573 subclass visa. I arrived Sydney on November 2008. From March 2009 until the current date, i have been working as a Motel Manager. I applied Vetassess for the skills assessment under Office Manager and got a positive outcome. I have 2 Bachelors degree (one in Business [accounts, finance, HR, Law] other in Humanities and Social Sciences (literature), both from NEPAL. I have worked as an office manager (motel manager) for over 3 years now, but part-time, here in AUSTRALIA. I have done my ielts test and have a band score of 8. My wife has successfully completed her Diploma in Accounting 2 years and now, she is doing her Bachelor’s. I have a baby boy born this May 14th here in Sydney with us.

    My current employer wants to sponsor me for the ENS 121 (as 856 is not applicable for me, coz i don’t have Australian diploma/degree) visa and he has provided me with the current job offer with the market salary rate and all favourable working conditions at par to any Australian resident. I am 26 years old and meet all of the DIAC requirements for ENS 121 visa. Except, my work experience despite being 3 years in the same business, is only part-time and not full time, because of my work restrictions on the current visa i.e. 573 Student dependent visa.

    So, my question is, am i eligible for EXCEPTIONAL CIRCUMSTANCES? IF yes, what are the chances that i can receive my visa. I don’t want to take a chance, as it’s very expensive and an unsuccessful visa application means a record of your previous applications with DIAC, which may effect any future applications.

    Any help on this matter will be highly regarded.

    Thanking you in advance.
    krish

    • Immigration Pty Ltd

      Krishna
      I’d say no as DIAC view work experience for ENS at 38 hours per week and you are not even close to that wiuth 3 years at 20 hours per week. There are guidelines about exceptional circs applications but they are too much for a Blog post. You need to consult a good agent who works in this area.
      Grant Williams

      • Dear grant,

        But i am not allowed to work full time on my current visa. Is there a solution to this awkward position i m at the moment? I m happto work full time if i m allowed to….but since i m not i dont have a choice.

        Regards
        Krish

      • Immigration Pty Ltd

        It’s a common problem but no there is no solution. You have a work limitation on your visa and the visa you want to apply for asks for full-time work expereince. They don’t match up.
        No magic solution. It’s just not possible.
        Grant Williams

  288. Hello Grant,

    I am currently on a spouse 573 subclass visa. I arrived Sydney on November 2008. From March 2009 until the current date, i have been working as a Motel Manager. I applied Vetassess for the skills assessment under Office Manager and got a positive outcome. I have 2 Bachelors degree (one in Business [accounts, finance, HR, Law] other in Humanities and Social Sciences (literature), both from NEPAL. I have worked as an office manager (motel manager) for over 3 years now, but part-time, here in AUSTRALIA. I have done my ielts test and have a band score of 8. My wife has successfully completed her Diploma in Accounting 2 years and now, she is doing her Bachelor’s. I have a baby boy born this May 14th here in Sydney with us.

    My current employer wants to sponsor me for the ENS 121 (as 856 is not applicable for me, coz i don’t have Australian diploma/degree) visa and he has provided me with the current job offer with the market salary rate and all favourable working conditions at par to any Australian resident. I am 26 years old and meet all of the DIAC requirements for ENS 121 visa. Except, my work experience despite being 3 years in the same business, is only part-time and not full time, because of my work restrictions on the current visa i.e. 573 Student dependent visa.

    So, my question is, am i eligible for EXCEPTIONAL CIRCUMSTANCES? IF yes, what are the chances that i can receive my visa. I don’t want to take a chance, as it’s very expensive and an unsuccessful visa application means a record of your previous applications with DIAC, which may effect any future applications.

    I nearly forgot, the business was recently bought on December 2010 and the new owners of the business bought us along with the business….Does this make any difference with the WAIVER for ENS 121?

    Any help on this matter will be highly regarded.

    Thanking you in advance.
    krish

  289. Hi Grant
    myself Bittu. my application for subclass 485 has been refused . DIAC gave me reason that cetificate IV is not part of my 92 weeks study.
    i have done 2 years a package course
    1. certificate level III retail baking (cake &pastry) ( 1 year).
    2. certificate IV of business (6 months).
    3.diploma of management (6 months)
    now i have applied for MRT.and attached a letter which has been provided by college (letter says i have done 2 years package course).about 15 students got TR .they also done same study same college.
    .its possibly in my case to win MRT case?.
    other hand my employer want to sponsor me as a Baker.if i apply for 457 visa now.
    How long i have to wait offshore for decision?.please reply me Appreciate the time
    your sincerely
    Bittu dhillon.
    .

    • Immigration Pty Ltd

      Bittu
      DIAC do not see these courses as “closely related” and this is the reason for refusal. I doubt the MRT application will be successful. You’ve got to try to convince them that there is some logic in the combination of baking, business and management and apart from the obvious that a bakery is a business the actaul study is poles apart. You will need to wait offshore for the 457 it could take anywhere bewteen 10 dyas to a couple of months depending on the quality of the application and I’d be getting the two business related sections lodged and approved before you even considered leaving to lodge the visa section. Another factor can be your country of origin if DIAC do security checks which van take many months.
      Grant Williams

  290. Thanks for ur reply
    So my 119 visa application will not affect ?
    And if my 119 visa approved i had to move to regional Sydney or I can live in Sydney and can travel every day because it is 100 km so is it I had to work for two year with the employer or I had to move and live there and work in regional
    Thanks

    • Immigration Pty Ltd

      From what you’ve told me that would seem to be correct. I ahve not seen all your paperwork which makes it impossible for me to be certain of anything of course. You mean regional NSW. You undertake to live and work in your area! Grant Williams

  291. Thanks for ur reply
    Yes it’s regional nsw so is it possible I live in Lidcombe in Sydney and it’s 100km which took me 1 and half hour to travel in train and by car so if I get visa for rsms it’s possible I live Lidcombe and travel for work everyday or I had to move there and work there
    Thanks

    • Immigration Pty Ltd

      You know that you have signed up to live and work in the regional area. What you are saying is not what you have signed up to do is it? You are trying to get around the obligation of the regional sponsorship. So NO. Grant Williams

  292. Hi Grant..
    I am Gagan …I was came to australia in 2008 on student visa in certificate3 nd 4 in commercial cookery and my visa expired in 2010 june.and when applied for extension immigration refuse the visa .after that i applied MRT .and now i m on bridging visa A .and i can work 20 hours ..my qution is that my Employer wants to sponsor me now and he said he can provide any document to sponsor me .I work in Bar as Bar tender/cellar ..is there any possibility for sponsorship ?

    thanks
    Gagan

    • Immigration Pty Ltd

      Gagan
      These occupations are not on either the 457 or ENSOL lists therefore ypou would not be eligile to apply in any non regioanl area. If you were employed ina regional area you may be able to look at RSMS.
      Grant Williams

  293. Hi grant can u tell me what mean by offshore application lodgement while on mrt .whts the criteria for that . Thanks

    • Immigration Pty Ltd

      A person departing Australia to lodge an application while they have an active application for review at the MRT. Often applicants do this on a BVB to lodge and then depart again when the visa is ready to be granted. Grant Williams

  294. Hi Grant,

    My name is Sunil. could you please help me for the immigration matters.
    I came to Australia on temporary visa 457 for a employer and after completion of 2 years I applied for permanent 857 visa with the same employer But suddenly my employer wind up his business and my onshore application of 857 has been refused and I lodged MRT.and my 457 visa is no longer valid.
    Now Another employer is happy to sponsor me.
    I just want to find out whether I can lodge offshore visa for sponsorship subclass 119 while I am in Australia or I have to leave the country by the time the file goes into process then come back.

    Please Reply

    Thanks

    • Immigration Pty Ltd

      You have had an onshore refusal so you will need to depart to lodge any application – s48 of the Migration Act. Normally a 119 can be lodged while the applicant is onshore but your current status on BV and with an onshore refusal will prevent that.
      Grant Williams

  295. i had received a refusal notification from immigration, because an error of i put an expired ielts result. i ad the latest result after i lodged the application. Can i reappeal to immigration or reapply for the same visa?

    • Immigration Pty Ltd

      Aber
      If this is an onshore refusal you cannot applay again onshore. There is no appeal process with DIAC. You can appeal to the MRT but from what you say that will not be successful.
      To be able to tell you more I’d need to know more about you and your case.
      Grant Williams

  296. Hi Grant
    Hope u doing well.. Just a general question.. what is the sucess rate of RSMS visa?? means,, based on your years of professional practice, what do you think about RSMS refusal and most common reason for that??? Please answer this.. thank you..

    • Immigration Pty Ltd

      Impossible question to answer in any accurate way. DIAC don’t release these figures. I’ve never had one refused. At a guess I’d say it’s quite high for genuine applications. DIAC do mget quite a lot of rubbish. Grant Williams

      • what r the chances of getting my visa back ?? i thought if i studied nursing in mrt then immigration will allow me visa but i m not sure enough and can yue please tell me what r my chances to get visa back and .what shal i do next to win my mrt case???

      • Immigration Pty Ltd

        Why are you at the MRT? If this is part of some thread of questions I cannot find the other info. Ids this your first post / question? The MRT cannot change a DIAC decision just because you’ve done study after a visa refusal. You might need to explain what is going on if I’m to actually be able to answer your question. Grant Williams

  297. Hi Grant..
    My 457 Visa was refused recently..now i am planning to put a MRT.My question is can i apply 457 Visa from another sponsor while my MRT waiting for decision….

    thanks

    • Immigration Pty Ltd

      Yes but you will need to be out of Australia at time of application and at time of visa grant. Grant Williams

      • Hi Grant…
        Thanks for your reply. I just wondering can i travel overseas and comeback to Australia for a short trip to sort out some family issues.(multiple Travel ?) while my MRt waiting for decision.

        thanks….

      • Immigration Pty Ltd

        Joe I assume you are currently on a BVA. Once you have lodged your MRT application and the MRT inform DIAC of your review application your BVA is ongoing. At this stage you can apply for a BVB to travel for a short time usually a max of 3 months. Grant Williams

  298. Hi Grant…. Hope you doing well..
    I heard that that there’s a risk of refusing the visa if we lodge the ‘decision ready’ application (RSMS). They say (migration agent) in that case, case officer either grant the visa or refuse it but they don’t contact back for any additional information if they required so. Is that true? Do decision ready applications have more risk of refusal than normal Application ? Thanks.

    • Immigration Pty Ltd

      Akshar Wow that’s a very dull way for some agent to look at this really excellent DIAC process. Sounds like they don’t know what they are doing and are worried that they don’t know how to lodge a decision ready application or perhaps they’ve already made 3 failed attempts and DIAC won’t accept their application in this process any more. But yes if you say its decision ready and its not what do you expect them to do? Find someone who knows what they’re doing please! Grant Williams

  299. Dear Grant,
    Thanks a lot for your time. I was in 573 in 2011 and on March 1st applied for 574 (PhD) with full scholarship. (now in bridging visa). It took a long time to satisfy Immigration about my wife’s medical examination and on May 4th my case officer has sent my documents to the external agencies for security check and until now the immigration’s response in my application is just “be patient. it’s out of our hand until receiving your outcome from external agencies”. As I am from a high risk country (Iran) and 95% of Iranian students have recently got their visa in 45 days (offshore), do you have any idea how much longer it will take and do you think that the waiting period of 41 days for security check in student visa (not PR!!) even coming from a high risk country is not usual?what can I do except being patient?
    I am looking forward to hearing your kind advice and many thanks in advance.

    • Immigration Pty Ltd

      DIAC are obliged to make this check and they just have to wait for it to come back. So in the end that’s all you can do as well.
      I trashed your post that was not in English. I cannot have content on the BLOG that I cannot review.
      Grant Williams

      • sorry about that. As Alireza had the same concern I already have, I just asked about the process of his application and asked about his email address. I would highly appreciate it if you could connect us through your useful weblog since we are common in being stuck in Australia doing our PhD and being treated like refugees who are coming here by boat. cheers

      • Immigration Pty Ltd

        I guess he can access this post. Grant Williams

  300. Hello Sir,
    This is Sim. I want to ask something about my brother. He applied for Australian Student Visa. He enrolled using Streamlining Visa Process. So, he took admission into Diplomea in Accounting in TAFE at Brisbane leading to Bachelors of Business (Accountancy) in a University in Brisbane. He paid the full fee for first semester of Diploma and a part of the fee for Bachelors first semester fee at University. He applied for his visa in the first week of June 2012 and got interview call soon after. His visa was refused after interview. The reason as told by immigration officer was that my brother could not explain that why he don’t want to study in India itself. Whereas my brother’s answer to the question was that Australian educatin system provide quality education and its more practical as compared to Indian education. However, they still refused my brother’s visa. His classes will start on 10th July 2012. What should we do now?

    • Immigration Pty Ltd

      Sim
      DIAC have decided he is not a genuine temporary entrant for a student visa. The requirements for Accounting in INdai and Australia are quite different. How does studying ASustralian accounting help him work in this area in India is what they are really asking???
      Grant Williams

    • Immigration Pty Ltd

      Sim
      What should he do…Ask for a refund as his visa was refused. it’s all he can do I think.
      Grant Williams

  301. hi Sir Good day

    My permanent residency was refused because I lack 2 years experience.. My husband was the principal applicant before. We are 457 and now has BVE. My husband was terminated so it has affected his residency application. My employer sponsored me for P.R and it was refused due to lack of 2 years working experience. We have lodged an appeal to the MRT last august 2011. I am still working full time with the same employer who sponsored me. I believed that it only lacked a few months to complete the said requirement during the time my visa was refused. My husband is now working with a permanent job and we have 2 kids here in australia. I am an assistant in nursing working in a nursing home.

    I am hoping that I already completed the said 2 years working experience.. Is it the time you started working with your employer or it will start the time you become a principal applicant of the visa? because when I started my husband was the principal applicant and after he got terminated I applied for regional sponsored permanent residency visa. Also Sir what are the chances of winning the case at MRT.

    Thank your very much

    • Immigration Pty Ltd

      Chi
      Not sure I can answer your question as your circumstances are not really clear from this post.
      Sounds like you need to go and see someone with all your paperwork so they can try to sort this out.
      Too complicated for a simple Blog answer.
      Grant Williams

  302. Hello ,
    My case was in MRT for TR refusal from last year , but now I got the PR , Can I with draw my case from MRT .. and if to do so , does it impact on my current status.

  303. Hello sir williams
    I had student visa which expired last Feb and did not know about it and stayed unlawful for 45 days “carelessly” I thought it would expire in July.

    anyways i needed to extend my visa for another year to be able to finish off my bachelor accounting degree so then i submitted my application for a student visa extension onshore which got rejected later on and then i applied for MRT and was issued BVE now its been around 4 months and i think my RMT will be rejected as well..

    I have few questions here:

    1. for my RMT case its now been 4 months already how much more time would be expected till the final decision would be made ?

    2. in case i finish my study before the final decision would i be able to apply for PR? (my degree is over 2 years and got 6.5 in ielts exam)

    3. if i loss my RMT case and leave australia i will be subject to 3 years ban right ? how about if my wife who never come to australia and did not have any sort of visa before,, apply for a student visa and then would i be able to come with her as dependent applicant or the ban still apply ?

    thank you so much in advance :)

    • Immigration Pty Ltd

      Eyad
      I can see no way you can win your MRT case. Student refusals can take up to 2 years to be heard but I have seen some recent MRT cases that have been fast tracked as they had no merit. You could fall into this group as all you are doing is trying to buy time.
      Yes you will have a 3 year ban. The ban will also apply of you are a secondary applicant.
      Grant Williams

  304. thanks Williams,,,

    how about the 2nd question ? can i still apply for PR when i finish my degree ? because i heard the ban only applies for temporary visas and can I apply for PR onshore or offshore ??
    plus you said fast tracked ? like how fast you mean ?

    thank you so much for the help sir

    • Immigration Pty Ltd

      Eyad my friend my answer was you have a 3 year ban because you were unlawful. This answers your second question I think. The only visas unaffected by this ban are partner and humanitarian. Ban applies to TR & PR – it’s an application ban. Fast tracked ones I’ve seen 1 month. Grant Williams

  305. Dear Williams,
    My case for TR refusal is in MRT, but now I am eligible with 60 points to send EOI for applying my PR,
    As per EOI new rule, from July 1st , people with Bridging Visa A,b,c can also apply for EOI,
    My question is,
    Is this applicable for people holding Bridging A for MRT appeal also..,
    can I apply for EOI on 1st of july,
    where can I find my status of “Bridging A granted” for me, is it through Diac or MRT,
    on 11th May I applied for MRT still now I dn’t know my Status,
    can I assume that I am in Bridging A or where can I see this status legally ..

    thank you so much..,

    • Immigration Pty Ltd

      Santhosh Yes you can. Use VEVO portal on the DIAC website it will show youyr status Grant Williams

  306. Hi, I wonder if you can help with an immigration query/problem I have! I’ve recently had a WHV cancelled as 5 months into my second year DIAC somehow unearthed that I hadn’t done my farmwork. It seems such a monumental mistake now but at the time it seemed I would either be granted a second year visa and be able to remain in australia or be audited for further information and leave. I confessed to not having completed farmwork and co-operated fully with DIAC, arranging a bridging visa and making my way back to the UK.

    However I am (like so many!) desperate to return to Australia, I have an employer willing to sponsor me and we are able to provide some evidence to a unique contribution to the business that i have and could continue to make but of course I’m subject to the 3 year ban under pic 4013. I have some investment banking qualifications that I might be able to put toward a general accountancy qualification so I could return under GSM but this is likely to take a couple of years plus visa processing time.

    I had been working in hotel management whilst in Australia but have no formal qualifications in this and in order to even attempt to overturn a ban due to ‘compassionate/compelling circumstances’ I’ve been told by a migration agent I’ll need to gain a diploma or similar in hotel management in order to fit the ANZSCO definition.

    I’ve noticed ‘hotel/motel manager’ is on the Victoria state skilled shortage list but with a requirement for 5 year experience. Do you know if any professional qualifications may be substitituted for this experience and if being subject to PIC 4013 whilst not a ban on applying for a permanent visa might affect me adversely on the character requirements of acquiring a permanent visa?

    In short do you have any advice for the best option to get back to Australia in less than 3 years!
    Yours gratefully…..

    • Immigration Pty Ltd

      AJ
      From what you’ve told me here I’d say you have no hope of getting the ban overturned. It’s very rare and the circumstances usually have to be unique or extreme.
      Not sure what the agent is hoping to do with the qualification beyind setting you up for an application after the ban expires.
      Grant Williams

      • Kirtee Arora

        Hi Grant this is Kirtee Arora here,i have visited ur office before regarding my MRT because refusal of 442 nomination……I have applied MRT last year in May ,As i told u before that I have done nursing in India.I ma registered nurse in India,in Australia I have done diploma in Disability for two years and I am working in same field for last three years,according to me i can’t see any hope to get PR ,because i asked for 457 from my agency as they said that they will not do that,another thing is I am working as carer,looking after a client with qurdiplegic .she is young Australian citizen girl,she said that if i lose MRT then she will request to Minister. her mother and her doctor will request to minister as well,because client is very attached to me because I am looking after her very well,is it possible that minister will consider something for me? another thing is if i want to get registeration with APHRA,do i need IELTS must or I can do OET test as well,if I qualified and get registration with APHRA then is there any way to get PR in Australia???please advise me .i will be very thankful to you.
        Regards: Kirtee Arora

      • Immigration Pty Ltd

        Kirtee
        We’ve been though this a couple of times now. I can see no way that the person who you work for can get the Minister to give ypou a visa. You can ask but I don’t see what visa he could give you. However stranger things have happened.
        The only other options you have is to make an new visa application offshore as you’ve had an onshore refusal.
        Grant Williams

  307. jayesh shah

    hi grant
    this is jayesh shah here i had big issue and fraud happen to me i m currently on mrt because of tr refusal and i have been cheated from agent and restaurant owner i went to the lawyer for his suggestion because i was planning to open my own restaurant and i had ask him if i open my own restaurant is there any chance i get 457 visa or any other visa so at THAT TIME he suggest me as u had no tra u cant go for 457 visa and he ask me to invest in another restaurant which was currently running and he told me that i get 35 % of profit if i invest 50000$ and in bonus employer will sponsor me on rsms visa so i was agreed and then he ask me to pay half money before starting a process which i had pay him cash and he told me to pay half money after rcb aprroval which i had paid to the owner show me rcb approval letter that time and agent apply for visa and told me to do partnership agreement soon after i get my visa and i had to start working for him as a cook for two years but after few weeks i went to the restaurant what i saw was shocking for me and name of the restaurant was changed and i ask the owner and he reply that he buy from previous owner before 2 weeks and i call lawyer and restaurant owner no one is picking up the phone so i m in worst situation now after couple of days i call rcb office and they said they didnt receive rcb application on my name and they had 3 application one in feb and second in april for another person so what should i do now rcb told me to complain in immigration so sholud i go to immigration and police to complain as i m worried immigration can reject my future application because of this mess help me out sir plz

    • Immigration Pty Ltd

      Jayesh
      I’d go to the police in the first instance. This is fraud. I hope you have all the records and all their details. Next you need to approach DIAC and explain what has happened.
      Why was your TR refused?
      Grant Williams

  308. Hi sir I have problem to my 457 visa . I didnt got band socre in my ielts exam. My case officer refuse my application. I am going to put my file in mrt. Is it possible I can win.

  309. Jayesh shah

    Hi grant
    My tr was refused because if my Ielts and tra so if I go to immigration and complain is there any chances that I get visa because they cheated me an fraud or can I appeal immigration that I missed the opportunity to apply rsms visa in old rules or I can apply 457 which option would be left for me
    Thanks

    • Immigration Pty Ltd

      Jayesh
      No DIAC will not be able to give you a visa because of this. Essentially this is a civil or criminal matter not an immigr action issue. You can stay here until the MRT refuse your appeal which they will given the reason for refusal. I’d say the best you can hope for is that the police take some action. I’d also be reporting the agent involved the the Migration Agents Registration Authority MARA who will take action as this is conduct that is both criminal and against the Agent’s Code of Conduct.
      There is not visa solution to the fraud.
      Grant Williams

  310. nishan tiwari

    hello sir
    its me Nishan. I had my visa cancelled breach of 8105 condition during my study hence i applied for MRT and they set aside the decision on my favour
    so now what visa do i get to apply cause i only have limited visa left as they gave me 25 days of grant i do not even have my ielts on me and the next available date is after 2 months. how can i extend my period of stay on this condition?

    • Immigration Pty Ltd

      Nishan
      No idea. Not enough information to be able to comment. I think you need to get someone competent to look at your paperwork urgently. The MRT has remitted your application to DIAC and that means your visa has been restored and you can now lodge a new application . But what i don’t know as you don’t really say enough.
      Grant Williams

      • Hi grant, as we talked before I have lodged a RSMS visa application with the filling position of cook from pizza and pasta shop. The only thing I am concerned about is that are pizza shops eligible to sponsor cooks under rsms?. It’s a takeaway and dine in shop. Have you heard this kind of case before where takeaway shops have sponsored cooks and what are the results. And one more thing, is there any minimum number of staff required for a business to sponsor someone? Thanks.

      • Immigration Pty Ltd

        Ranjit I work in the Sydney CBD and we never really see any RSMS applications here. Not really my arae I’m afraid. Grant Williams

  311. hi grant
    i am on mrt beacuse of my tr refusal so my question is can i apply 457 visa if yes what are the requirements ielts and tra ? and also can i apply student visa from overseas for me or my wife as a student if yes what are the chances to get it?
    thanks

    • Immigration Pty Ltd

      Suresh
      No you will not get an offshore student visa as you’ve already applied for GSM TR showing your intention is to stay here.
      A 457 application will need to be lodged offshore as you have had an onshore refusal. It may also depend on the reason they refused your TR. If was 4020 related then you will have an appkcation bar.
      My Blog is not here to list out all the requirements for visa applications. Don’t have the time. If you need an assessment you will need to hire a good agent.
      Grant Williams

      • suresh oberoi

        thanks for ur reply sir
        my tr was refused beacuse i hadvnt got tra cos i coudnt get 6 band in each modules so reason was given from case officer was ielts so my questions is can i apply now 457 visa if an employer sponser me and do i need 6 band for that and tra is different for 457 as need for tr
        thanks

      • Immigration Pty Ltd

        Suresh
        You cannot apply for anything onshore as I have already said. If your occupation requires a 457 TRA assessment then yes you will need TRA to apply offshore. However you need to get a professional assessment of your options. You cannot work this out by a series of Blog posts. Get help you already have a problem don’t make it worse by not getting professional assistance to see if anything else is possible.
        Grant Williams
        JP 195363
        Registered Migration Agent
        MARN 0854799
        Immigration Pty Ltd
        Suite 35 / 647 – 649 George St Sydney 2000
        PO Box K1221 Haymarket NSW 1240
        Telephone: +61 2 92114694
        Mobile: +61 (0) 430351877
        Email: immigrationptyltd@gmail.com
        Blog: https://immigrationptyltd.wordpress.com

  312. Hi sir
    my name is Amrik singh my student visa was refused last year i put my MRT but it might will take long to get decision so i would like to ask that i have done my certificate 4 in cookery and now i would like to apply for any other visa like GSM OR EMPLOYER sponsorship but i am confused that can i apply for any other visa to stay in Australia

    • Immigration Pty Ltd

      Amrik
      You have an onshore refusal which will be a bar to any onshore application. Once the neew system for GSM starts BV holders can lodge an EOI in DSklill Select but your occupation is not on the list methinks.
      Grant Williams

      • Grant is there any other option for me can i get employer sponsorship visa because someone suggest me if some one willing to sponsor me in hospitality i first need to withdraw MRT application and then apply for new visa

  313. Waqas Tahir Malik

    Hi Grant, I am stuck so badly.Its bit complicated but i m sure you can help me out. I need your advise.
    I came to Australia in November 2008 in Diploma of Hospitality Management. I completed that course in september 2010. After that i got a new CoE for the new 2 yr course. And i got a visa for almost two years still intact till March, 2013. But unfortunately because of my mistakes my CoE got cancelled on 28 August, 2011. I was unaware of that. I got a new CoE in December, 2011 for Bachelors of Commerce(Accounting) for 3 yrs degree. As i had a visa at that time for Vocational Studies (572) so i applied the visa to change my subclass to 573 but unfortunately i got refused (Reason:gap in studies for more then 4 months). Then after 1 month i applied again for changing the visa subclass to 573 but again got refused recently. But at the same time i started my degree in March, 2012 and completed my 1st semester few days back and got a refusal to change my subclass 573 few days back. I have time to apply for MRT.
    But problem is i have 572 visa till March, 2013. Completed 1 semester and and have the refusal at the same time.

    Please guide me what should i do, Apply for review in MRT or not, or continue my studies till the expiry of current 572 visa without applying to MRT till february, 2013 and then apply again for visa (573) and then put MRT if i get refusal at that time or i should apply MRT now.

    I will be greatful to you.

    Waqas Tahir

    • Immigration Pty Ltd

      Waqwas
      Yes that is complicated.
      I assume you have checked VEVO to ensure your 572 is still current.
      DIOAC know you are studying at Uni so this is odd and I wonder why they have not taken action to cancel your 572 visa given a) the gap in studies and b) study at the wrong level for the visa. This may still happen.
      I’d be inclined to a) go to the MRT as an insurance policy and b) keep studying an ddo as well as you possibly can to show you are a good genuine student which will work for the MRT case.
      Grant Williams

  314. Dear Sir,

    My name is Anunt Pongngamjit, i had launched my application on 11 March 2009. My Transaction Record Number is EGNS1JN9J8. My application was launched for a Skilled Sponsored (VB 886) visa.
    In this case my sister is the one who sponsored me. A few days ago i got a call from my migration agent regarding my visa, it’s turn out that my sister want to cancel the sponsorship due to family
    issue.

    I have been waiting for the resident longer than 3 years and i think it’s not fair to me at all. Therefore i would like your advise is there anything i could do in this case. Also i would like to ask that
    is it possible for me to change my subclass from 886 to 885 ( Skilled Independent) so i could still collect the points on my own in order to apply.

    Regards,

    • Immigration Pty Ltd

      Anunt P
      This is a duplicate post .
      I have already answered your questions the first time. Please do not post the same question twice it jusrt wastes my time which is not fair on others and on me as I’m doing this for free!
      Grant Williams

  315. Divyesh patel

    Hello sir, I were put my file with 119 subclass through employer in wa. Still I haven’t got Rcb. So what I have to do? And can I put my file with Rcb reference to the immigration before 1st of July. And give them Rcb later on. I’m very confused? Please give me solution according to current rules. Thanks

    • Divyesh patel

      I were put my file on 29/05/2012

    • Immigration Pty Ltd

      Divyesh
      I”m not an RSMS expert. I’m in Sydney and we never see these applications. Find someone over there who works in this field all the time to assit you. As I understand it you should have got the RCB before you applied.
      Grant Williams

  316. Waqas Tahir Malik

    Thanks Grant For your time. I will do as you said. Atleast i am clear now in my vision that what i have to do. I’ll follow up with you if i need any further information.

    Thanks

    Waqas Tahir

  317. Hi Grant is there any other option for me can i get employer sponsorship visa because someone suggest me if some one willing to sponsor me in hospitality i first need to withdraw MRT application and then apply for new visa

    • Immigration Pty Ltd

      Amrik You do not have to withdraw your MRT to be able to lodge an offshore employer sponsored application. Not sure who told you this but it is not correct. As I have already told you any future application must be offshore as you have a s48 bar from an onshore refusal. There are no magic solutions. Grant Williams

  318. Waqas Tahir Malik

    Hi Grant, Sorry i am bothering u again.
    As i discussed my case with u earlier. I just wanted to know is that possible if i get a release from my current education provider and get a new CoE for the same class of visa. Will it work for me to continue study on 572 visa legally. And after that i have a valid class CoE and the same visa class. Am i still in danger of visa cancellation or i am alright? Basically i need some time on a legal visa status to broaden up my options.I will apply for extension in March next year before expiry of my current visa. And if i get refused at that time then i want to go to MRT and i will remain enrolled till my decision. Actually i am not prepared for MRT at the moment.

    Thank you!!!

    Waqas Tahir Malik

    • Immigration Pty Ltd

      Waqas So you have confirmed that your 572 visa is current till 3/2013 on VEVO??? Now you want to move from Uni to College vocational program. Yes you can do that. Grant Williams

  319. Hi Grant Sir
    I posted u last time as well bt didn’t get u r reply yet .
    Actually i applied for a 857visa for PR bt Immigration refused it they gave the reason because m still on student visa i couldn’t apply for a Onshore 857 untill my study finish. Now my lawyer advised me to put u r case in MRT because he is not agree for this decision.my study is going to finsih in Last week of JUly 2012.
    My question is this if now m apply for MRT then can i apply for any other visa like 119(offshore) during the processing of MRT or not?
    And If MRT ‘s decision will not come to in my favour can i apply any other visa after this or i will just have option to go back to India
    Plz reply me SIr, because My MRT ‘s time limit is also near to expire.
    I really need u r help
    Thanks
    Inder preet

    • Immigration Pty Ltd

      Inderpreet

      Not sure about not replying I have no posts that have not been replied to so perhaps you did not get the post onto the Blog somehow… Anyway. I have not seen your paperwork for your application so it is impossible for me to give you an opinion on your 857 refusal. I do not know on which basis you applied but if it relied on your onshore study and you were seeking the exceptional circumstances to waive 3 years work in your nominated occupation form meeting the Australian Study Requirement then DIAC are correct and your agent is wrong. But I stress I do not know on which basis you applied. You now have an onshore refusal so you cannot apply onshore (s48). You would have to depart to lodge a 119. This visa will disappear on Friday though! So I can’t see that happening. Seems to me you should get a second opinion on your case. I’m not getting a good feeling about the advice you’ve been given so far! Grant Williams

  320. Hi thanks so much for all of your appreciate advises. I’ve got a question for my good friend, she is having a BVA since onshore student visa got refused, and she is suffer a financial difficulty now do she is wondering does she ever can work more than the work limit 20 hours/week, or is there any ways that she could apply and allowed she work more than 20 hours/week while with BVA. Thanks a lot,

    • Immigration Pty Ltd

      Sue I do not think that DIAC will give her full work rights in these circumstances.
      GW

      • But any chance that she could get maybe little bit more like 25 or 30 hours/week?
        Thank you so much for your quick reply Grant! Another question is that she’ve told me that she had worked more than 20hours/week, like 23 or 25 or 27, and some weeks worked much less, how does the tax office or immigration aware about this? Will they check every week? And how many chances that she might get warning or the BVA will be just canceled automatically? We are bit confused..cos there few students are having same concerns. Thank you!

  321. Badrur Rasha

    Hi Grant, My name is Rasha. I applied for a 457 visa on march 9. Diac emailed me to get send them further documnetation. But it was a deactive email address I provided with DIAC whereas I had been checking my active gmail. This is how the visa was not granted. After that 28 days MRT time was over and another one another month too. on June 10 I remmbered that I provided the worng emaila address. Then I got the deactive email address activated with an email address but it was too late. I’ve got a birdging visa E and my lawyer David Bitel lodged an application at MRT on the ground that the correspondence was recieved on June 10 instead of April 28. Do you think MRT will accept my appeal even though it is way beyond the 28 days period?

  322. Thank you so much for your quick reply. Another question is that she’ve told me that she had worked more than 20hours/week, like 23 or 25 or 27, and some weeks worked much less, how does the tax office or immigration aware about this? Will they check every week? And how many chances that she might get warning or the BVA will be just canceled automatically? We are bit confused..cos there few students are having same concerns. Thank you!

    • Immigration Pty Ltd

      Sue DIAC have access to tax records so if she’s employed legally it’s easy to check up. If a person is in breach of their visa conditions esp work their visa can be cancelled and this cancels all visa at the one time including any BVs. Student work is now 40 hours per forthnight so some weeks can be more if the next week is less. GW

  323. Hi Grant,
    The work you are doing is really appreciated.. Even I got a quick question for you. I have applied my TR on aug 30th 2011 and my file has been opened and got refused as the reason is IELTs but I got my IELTS each 6 in each band which I wrote on sep15th 2011… But the thing happened is my immigration agent she attached my application which I have wrote in overseas that is in 2008 oct.. Do we need to have IELTS each 6 on the day of lodgement?? But my immigration agent didnt say that..nd I got my IELTS result within 28days after my lodgement.. Is there by any chance can I fight for this?? Because I don’t want to apply for MRT and to wait for 1 more year… Please suggest me..
    Thank you

    • Immigration Pty Ltd

      Vandana
      DIAC will not change their mind as the decision is made. Not really much cahnce of winning at the MRTas I undersatnd what you’ve said. However I find the story and dates a little confusing so perhaps try to clarify for me.
      GW

  324. Hi
    I applied for a 457 visa application. My sponsors and the nomination part of the visa were approved but unfortunately I was refused the visa based on my work experience and not having a diploma. I went to college full time for two years and I have been working for 10 years. I feel that I have enough of experience and I have appealed to the MRT Tribunal. The title I was going for was project administrator. While I am waiting for my MRT tribunal I am getting my prior learning and work experience recognised and I should have my diploma in 3 to 4 weeks. My partner is on a bridging visa as he is my defacto. My current visa does not expire until 20 August. Once I have my diploma do you think it would be a good idea to go abroad and lodge another visa application or do you think I should wait for the MRT Tribunal. Do you think that getting my diploma will help me with my case. I would appreciate any advice that you can give me.

    • Immigration Pty Ltd

      Mel
      Yes I’d lodge again as the MRT will take years.
      Happens all the time and this occupation requires as a minimum a Diploma.
      GW

  325. Actually my TR application has been lodged on 30th of Aug 2011 and I wrote my IELTS on sep 15th of 2011 which is after 15 days of lodgement so they háve refused my visa saying that I don’t have IELTS on the day of lodgement. You are saying that MRT can also be refused then what is the next option?? What visa I can apply for??

    • Immigration Pty Ltd

      Vandana Yes the MRT will also refuse your application. They must as you did not have IELTS at the date of application. That’s the law. Next option will mean you will have to make some application offshore. You can no longer apply while you are physically here (s48 onshore application bar). I can’t tell what application to make next as I have no idea of any of your details. GW

  326. Thank you Grant.

  327. If the MRT is refused can I appeal to the minister?? What will be the chances of winning there ??
    Thank you

    • Immigration Pty Ltd

      Vandana Anyone who has lost at the MRT can ask the Minister but he has very specific guidelines and you do not meet them. So chances there I’d say are zero and they will say no very quickly 1 -2 months max. GW

  328. hi blog this is sue. i am on bridging visa A. in nov 4th i applied for mrt reason for study extension fund problem. my employer sponsored me and june 22 i applied for rsms but diac send my application back and said ” your application for a visa is invalid because it did not meet s 48 of the migration act 1958. that provision provides that you are not permitted to apply for an rsms class , subclass 119 visa because you do not hold a substantive visa and after last entering australia you were refused a tu 572 visa on 26 october. you can not make a valid application for a visa while you are in the migration zone, except if you apply for a limited class of visa . to make a valid application for any other visa you will need to depart australia and apply for a visa offshore .
    whan i lodge my application my lawyer said we can lodge application in australia . you don;t need to go outside . when diac will visa grant that time you will leave australia.plz blog can you help me in my case because my friends also lodge application in australia for 119 visa and i ask other lawyers they said that you can lodge your offshore application in australia . please give me advice .

    • Immigration Pty Ltd

      Sue Your lawyer is completely wrong and DIAC are correct. Application invalid. Ypu must be offshore when you apply as you have already had an onshore visa refusal. Get a new lawyer! Grant Williams

      • Mahesh panchal

        Hi grant
        This is mahesh here my tr was refused due to Ielts and my lawyer put wrong tra assessment at that time as a manager instead of cook so my tra was refused but also I can’t bring 6 in each module so I m currently on mrt so my question is I had sponsor he is ready to sponsor me on 457 visa but do I need tra assessment for 457 visa if yes this tra is different from temporary residence tra and do I need 6 in each in Ielts for 457 tra or 5 band and I can apply offshore 457 but i need to leave the country before applying if yes then I need to wait for grant of the visa or I can come back after logde the visa
        Thanks

      • Immigration Pty Ltd

        Mahesh
        Sounds like you need a new laweyer first.
        Yes you can only apply o/s.
        As to TRA I’d need to see all your paperwork as some do and some don’t – ask TRA.
        You cannot win at the MRT from what you’ve said and no one is going to believe the story abiout my agent put in the wrong skills assessment as you’re the one who had to apply and sign this form and they are completely different assessing authorities. Caution if you’ve misleading DIAC don’t try it again at the MRT it will not end well!
        GW

      • hi grant
        thanks for helping me.can you please tell me that i am applying protection visa and now i am on MRT so if i apply protection visa so whats happen with MTR.my status will as a MRT or refugee and should i withdrawal my MRT or what?thanks

      • Immigration Pty Ltd

        Lak
        Are you a refugee? On what basis do you think you are eligible for protection?
        GW

      • Thanks for reply me.
        Lak here sir i am going to apply protection visa because somebody kill my father and after that they kill me uncle as well and a month ago i went to my country they attack on me to kill me but i was lucky i run australia so that’s way i am going to apply and i have every evidance as well.what you think i can appy or not.
        thanks for your time.

      • Immigration Pty Ltd

        Lak No idea. This is not my area . You have to prove that these attacks are meet the UN Refugee definition of persecution. If they are simply a police matter for some reason which I do not understamd it may not be applicatble. Consult IARC http://www.iarc.asn.au/ GW

      • Mahesh panchal

        Thanks grant
        I need to apply overseas as I m on mrt but once apply I can come to aus or I need to wait till visa grant if wait till grant and if not grant so can I come to aus as on mrt bridging or no and I m from india so do I need tra or not still confused
        Thanks

      • Immigration Pty Ltd

        You travel on a BVB and it is best to stay as you have to depart again for visa grant. Skills assessment ? Ask TRA. GW

  329. Hello Sir
    Thanks for reply .actullaly I applied for 857 visa on the basis of my Hospiatliaty managemnet cert which completed in 2010. after that i extended my student visa again with Buisness management which is still continue . DIAC gave the reason for refuseing that m still on student visa and didn’t finish my Diploma so couldn’t able to apply for 857 onshore. my agent said they gave the wrong decission bt i reviewed my case wid one more lawyer he said my lawyer played my case wrong ..
    So m thinking its not my mistake why i should fulfill his mistake ?
    i lodged my MRT this week .do you think they will be understand my situation and decission will be in my favour
    And my nomination is going to expire in November 2012
    so during the process of MRT can i apply new 187 visa or i have to wait for MRT decission?
    plz reply me Sir
    My lawyer destroyed my whole life .m so upset don’t know whts will be happen wid me.
    Thanks
    Inderpreet

    • Immigration Pty Ltd

      Inderpreet I don’t know from the information you have provided but if DIAC and now another lawyer say the first case was somehow wrong then I’d suspect you have little or no chance to win at the MRT. The MRT will not take any error by an agent or lawyer as a reason as in the end it’s your application and they will say your responsibility. I think you can still apply for the new system visas but as you have an onshore refusal you will need to be offshore for the RSMS. Skill Select will allow you to apply onshore i believe despite the s48 bar for an onshore refusal. GW

  330. Hey Grant thanks again for your helpful reply, and I’ve got another question for my good friend, as her student visa refused this Apirl bcos of a small misunderstood, and now she is having a BVA , she and her fiancé together almost half year and she is wondering is there a partner visa that she could apply later, bcos as student refusal visa will be wait for 18 months, they might got married already before that, so does she needs to wait this decision made or she can apply some other visas during BVA? And what type of visa is right for her to apply if they still together and got married before the decision has made? Thanks a lot, have a lovely day!
    Sue.

    • Immigration Pty Ltd

      Sue They could only apply for an onshore Partner visa if their relationship has been more than 2 years. Once they are on a BV for an onshore refusal and at the MRT both s48 of the Migration Act and Schedule 3 of the Migration Regulations create bars to an onshore application. It is possible to get around s48 but not the other in their circumstances. So NO. GW

      • Thanks for the quick reply Grant, so you mean there is no other visas she could apply during this BVA? Unless they been together already 2years? they have been together only half year till now, so does she needs to wait once mrt decision made then to apply relationship visa or partner such sort of visas? Or you mean she never able to apply those sort of visa even decision made after 15 months and they got married here?
        And does the decision made positive/negative will affect her to apply relationship visa or something?
        Thanks a lot!!

      • Immigration Pty Ltd

        Sue You keep asking the same question over and over again. She needs to get a positive MRT outcome or go overseas and apply for some other visa. GW

      • Dear sir,

        We have applied for descion ready ENS 856 on 16/6/2012 through registered lawyer.

        My question is by when will our result will come.
        I have not received the result till now. Is it going to take more time.

        Waiting for your reply.

        Thanks

      • Immigration Pty Ltd

        Yes if you have not got it yet. Sorry but really how do you expect me to know the answer to your question when I have not even seen the application. Just because you used a ‘lawyer’ does not mean it was a perfect decision ready application. I see applications every day (literally) that where supposed to be DR and they were not even close. DIAC are busy. Nothing in Immigartiuon happens quickly! GW

      • hi sir
        can you please tell me because i am going to put protection visa so i need to arrange any migration agent or lawyer.whitch is the better to put my application (migration agent or lawyer)

        thanks

      • Immigration Pty Ltd

        lak There is no advantage either way. The most important thing, if in fact you have genuine UN based protection claims, is to find someone who specialises in this type of work. Most agents and lawyers have no idea and do not usually work in this field. If your claims are not real it will make no difference who you use. GW

      • Ah ok sorry.. just not familiar with the area. Thanks Grant.

  331. Hi Grant, I hold a 175 visa and will be validating my visa soon by making the first entry to Australia. My partner has been with me for slightly over 3 years (including 5 months of being married). I would like to sponsor him for partner visa but one question in the partner visa application form stumbles me: I am required to furnish proof of length of residence. Does that mean I must be onshore and my partner offshore while making the application as well as waiting for DIAC’s decision?

    What kind of proof of length of residence does DIAC deem as strong evidence?

    If I am unemployed during the application processing period, will this cause any delay to the sponsorship decision by DIAC?

    As we do not wish to live apart for too long, is there any way we can make the application while both of us are offshore and yet will not cause a delay in DIAC’s decision?

    How long does DIAC take to approve such sponsorship under (1) I’m onshore and partner is offshore case, or (2) both are offshore case (assuming the application is perfect and decision ready in both cases).

    Many thanks in advance for your time!

    • Immigration Pty Ltd

      You are not here yest so you are not eligible to lodge a partner application. You must be usually resident in Aust to sponsor a Partner. There is no specified length of time. But you do need to be resident here. Why was your partner not included in the application? You must be able to demonstrate financial support or DIAC will ask for an Assurance of Support. AOS fro an Australian citizen who is prepared to offer this on your behalf. Off shore partner will take about 12 months. GW

  332. hey Grant
    my visa has been refused under pic 4020. and my hearing on 28 july. at that time i supplied stat. declaration from employer and from clients, time sheet. what further documents i can give them. i also worked few months paid and i already gave them pay slips. what other i can give them in mrt. i am totaly confused.
    will MRT also ask from employer about me and about my work experiences.
    or any documents from employer or not? if my employer again will not send any documents to them then chances to win in mrt.

    or if employer will send them then what will be the outcome. can i win in mrt or not.
    plz help me
    thanks
    simran

    • Immigration Pty Ltd

      Simran The outcome is for the MRT to decide. You role is to give them as much supporting documentation as possible. If your former employer is not cooperating then you will need to convince them about this at the hearing. Yes the MRT can get out there and ask questions of employers and even sent staff to make checks. Grant Williams

  333. Hi grant,
    My name is len. I just received a letter from the immigration that my student visa was refused. The reason was i did not satisfy 572.223 (1) of migration regulations 1994. It stated that i am not genuinely intending to stay in Australia temporarily and i am just using student visa to maintain ongoing residence. Before the decision i got a phone interview from my case officer and asked me few questions. My fault was i told the officer i want to work here in australia and maybe stay here if ever got a chance. Do i need to apply for MRT for this or can i just appeal to DIAC that it was just a misunderstanding that i really didnt meant to say that i want to stay here for good coz seriously i dont have my family here and all the documents that i have filed were all good. Thanks in advance!

    • Immigration Pty Ltd

      Len
      Your only option is to go to the MRT.
      GW

      • Thanks alot for your reply. I just wanna ask in your opinion does my case got a chance to have a favorable decision. And how much do you think will it cost me and how long will it takd for the decision to be made. Im deciding whether to just go home if ever my case is really bad or appeal to the mrt because i dont want to waste all the money i applied for renewal. Thanks so much.

      • Immigration Pty Ltd

        Kim/Len I cannot tell you about your chances without seeing all your paperwork and asking lots of questions about your study and immigration history in Australia. You’d need to come and see me to achieve that outcome. However over the years I’ve found that if a reasonable case can be made in this type of circumstance s the MRT is quite open and hence a positive outcome is possible. This is only a general observation as I have no details of your case! GW

      • Oops sorry its still me Len. I just made a wrong entry of the name.

  334. hello sir my name is amrit i was on student visa in australia and i am facing 3 year bann on all tempraroy visas but my wife is permanent resident of australia. can u pls let me know can i apply for 309/100 visa offshore

  335. hi blog this is paul.i am going to apply for rsms
    (offshore) visa application. my RCB has approved and i lodged my nomination application before 30 june ( received acknowledgement letter 22 june) . pls told me i am going to lodged my visa application it will be assessed under the old provision or under new provision . will i need ielts score 6 each or under old provision 4.5.thnx

    • Immigration Pty Ltd

      Paul
      It must a new system application as the old visas no longer exist for application purposes.GW

  336. hey grant
    i told you before about my case that i got refusal of 485 under pic 4020. due to skill assessment. my hearing in august. can i do again NEW skill assessment from TRA to show in MRT or not.
    can i use old documents and some new for skill assessment. i need ielts for 485 visa skill assessment or not
    thanks

    • Immigration Pty Ltd

      Simran None of this will change the 4020 problem. 485 must have IELTS 6 in each band prior to application but you cannot apply as you have already had an onshore refusal. GW