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  #11 (permalink)  
Old 01-27-2014, 01:27 PM
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Hi Jdee -

Thanks for the question. I assume you mean that you and her have applied for a defacto partner visa (subclass 820/801 if onshore). If she has completed her course (early or otherwise) and you are waiting for the BVA to activate, there is specific policy at DIBP that says she should be allowed to let the student visa expire on its own and it should not be cancelled. Assuming you have a BVA pending from the partner visa application, the BVA will activate as soon as her student visa expires. I don't see a BVE happening in this instance assuming she has completed her coursework and there are no other issues that could affect things.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by jdee View Post
Hi mark,

My partner is on student sub572. We applied defacto relationship 03rd dec 2013. Her student visa expires on 27th Aug 2014, with the BVA activated on that date. Her course completion is on the 04th of Jul with the second sem starting on the 21st of Jul.

As there would be a gap between the 21st of Jul till the 27th of Aug, will this place her on BVE as her study is complete. Just want to ensure that will not affect the BVA or the application.

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  #12 (permalink)  
Old 01-27-2014, 01:29 PM
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Hi Mark,

My partner has completed her studies early and is now waiting for Bridging Visa A to come into effect once the student visa expires in August. I am sponsoring her on the 820 partner visa. Immigration know about it all and I understand her student visa can't be cut short.

However, my question is will she still have the working restrictions in place or can she happily search for full time work as she won't be going back when the semester begins?

We have asked the case officer if her restrictions can be lifted, or whether she has to do 40 hours per fortnight but no response unfortunately.

Similar topic to above, but definitely no BVE here.
Thanks,

Al00


Last edited by Al00; 01-27-2014 at 01:41 PM.

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  #13 (permalink)  
Old 01-27-2014, 01:38 PM
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Originally Posted by MarkNortham View Post
Hi Naylorus -

Thanks for the kind words! Some skills assessors assess your work experience and issue an opinion as to whether it is relevant to your nominated occupation code - ACS is one that does, EA does not. EA generally only looks at your educational qualification and (if applicable) your CDR submission to determine if you are "skilled". Other assessors such as ACS and VETASSESS have minimum work experience requirements in order to deem you as "skilled", so it varies widely from one assessor to another. Personally I think this is one of the more unfair aspects of the system, but until skills assessors have some oversight from DIBP or somebody, they will continue to operate as they wish.

Hope this helps -

Best,

Mark Northam
Great! thanks for clarifying it. Yes, I see your point in the system being unfair to different occupations. An applicant being assessed by ACS may have few years of his professional experience tacked in order to meet minimum threshold, the engineering professional can claim points right from the moment Go!

Again, appreciate your help!


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  #14 (permalink)  
Old 01-27-2014, 01:41 PM
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Hi AIOO -

Thanks for the question. A person who completes a course as scheduled AND whose CoE is no longer in effect (ie, end date of course has passed) generally has unlimited rights for the remainder of the time the person holds a student visa. However if the CoE is still in effect and has not been cancelled by the education provider, and the end date on the CoE has not yet occurred (is in the future), this can raise a question as to whether the course is "in session" or not. You may want to have the education provider cancel the CoE as the course has been completed to avoid any misunderstanding. This technically gives the visa applicant 28 days to apply for another visa, etc. Since you already have done this, it clears the pathway for full work rights since the course is not in session. Additionally, in DIBP procedures, there is a specific guidance that states that a person who has completed their intended course of study and who has applied for another visa should NOT have their student visa cancelled.

Hope this helps -

Best,

Mark Northam

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Old 01-27-2014, 01:41 PM
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Thanks so much Mark!

My apologies, yes it is an 820/801 onshore application and no other issues should affect the application thanks!


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Old 01-27-2014, 01:49 PM
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Hello Mark,

I read on this forum that the current work experience declaration which states , 'XYZ is working with ### since Jan 2010', is not considered because according to ACS this declaration does not have a END DATE...
Is it true..If yes then is the period not understood if a person is currently employed by the organization, and is having a dated letter on company's letterhead .
I have submitted the other three declarations with the start and release date..But the last one how can the company write the release date if i am currently working there.
I am saying so because i have don't want to come down on points just because of this..

I am still waiting for my application to go to stage 2.Submitted the application on 28 dec 2013..How much time does it take from stage 2 to stage 5 if nothing is asked for in stage 3

Thank you
waiting for your reply


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Old 01-27-2014, 01:53 PM
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Thanks so much! The CoE has not yet been cancelled for some reason, however the university did issue the current one with her statement of completion and we have sent it off for evidence to our case officer. Will have to enquire about cancelling the CoE.

Would it all come down to an opinion in the end?

Thanks again for the quick and helpful response!


Quote:
Originally Posted by MarkNortham View Post
Hi AIOO -

Thanks for the question. A person who completes a course as scheduled AND whose CoE is no longer in effect (ie, end date of course has passed) generally has unlimited rights for the remainder of the time the person holds a student visa. However if the CoE is still in effect and has not been cancelled by the education provider, and the end date on the CoE has not yet occurred (is in the future), this can raise a question as to whether the course is "in session" or not. You may want to have the education provider cancel the CoE as the course has been completed to avoid any misunderstanding. This technically gives the visa applicant 28 days to apply for another visa, etc. Since you already have done this, it clears the pathway for full work rights since the course is not in session. Additionally, in DIBP procedures, there is a specific guidance that states that a person who has completed their intended course of study and who has applied for another visa should NOT have their student visa cancelled.

Hope this helps -

Best,

Mark Northam


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  #18 (permalink)  
Old 01-27-2014, 01:54 PM
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Hi Swavik -

Thanks for the questions. Re: a period of work for the same company referenced on an ACS result letter, in the same position, for a period of time AFTER the ACS skills assessment was submitted up until the current date, generally DIBP will be fine with this if you submit a letter from the company stating you continue to be employed there in the same role that was assessed by ACS, and that you provide payslips or other evidence to prove payment for the duration of the employment (including the ACS-assessed and post-ACS periods to the current date). As with any work references, they are subject to whatever assessment DIBP wants to do to ensure they are comfortable that the work is closely related to your occupation and legitimate, etc. which can include contacting the employer by phone, site visit, etc as DIBP deems necessary to properly assess the work. However in the area of assessing whether the work is closely related to your nominated occupation or not, DIBP policy is to look to the skills assessor to make this determination.

Re: how long, no way to tell - DIBP do not have any sort of processing standards that are meaningful in terms of any good prediction of time.

Hope this helps -

Best,

Mark Northam

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  #19 (permalink)  
Old 01-27-2014, 01:58 PM
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My view is that if she has successfully completed her coursework, it would be extremely unlikely that DIBP would take any action other than letting the student visa expire on its own. As for work rights, we're in a gray area there but I think a very good argument can be made that the course is out of session as she has completed her requirements, hence full work rights exist for the remainder of the period of the student visa per DIBP policy.

Best,

Mark Northam


Quote:
Originally Posted by Al00 View Post
Thanks so much! The CoE has not yet been cancelled for some reason, however the university did issue the current one with her statement of completion and we have sent it off for evidence to our case officer. Will have to enquire about cancelling the CoE.

Would it all come down to an opinion in the end?

Thanks again for the quick and helpful response!

__________________
Mark Northam
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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg)
MARN 1175508
Sydney, Australia
http://mnvisa.com mark@mnvisa.com

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  #20 (permalink)  
Old 01-27-2014, 02:05 PM
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I cannot thank you enough for being extremely helpful. She has a couple of great opportunities for full time work so great to see a clear answer!

Quote:
Originally Posted by MarkNortham View Post
My view is that if she has successfully completed her coursework, it would be extremely unlikely that DIBP would take any action other than letting the student visa expire on its own. As for work rights, we're in a gray area there but I think a very good argument can be made that the course is out of session as she has completed her requirements, hence full work rights exist for the remainder of the period of the student visa per DIBP policy.

Best,

Mark Northam


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