[Rmoslam]

Hi There, I need you advice. I’ve completed a 2 years associate degree of applied engineering from TAFE NSW. And have got a positive skill assessment for civil engineering technician occupation. I applied for my 485 visa and got rejected today saying that the study requirements does not comply and is not falling under regulation as a recognised qualification. Should I go for a review?

 

[CCMS]

Hi There, I need you advice. I've completed a 2 years associate degree of applied engineering from TAFE NSW. And have got a positive skill assessment for civil engineering technician occupation. I applied for my 485 visa and got rejected today saying that the study requirements does not comply and is not falling under regulation as a recognised qualification. Should I go for a review?

Did you check that you met the Australian study requirements before you lodged the application? There is no point seeking a review if you didn't actually meet the requirements in the first place.

 

[Rmoslam]

I checked, it said the qualification should be 2 years and that has been met. But the problem now is with recognition of qualification. I’ve got student visa to complete this degree.

 

[CCMS]

I checked, it said the qualification should be 2 years and that has been met. But the problem now is with recognition of qualification. I've got student visa to complete this degree.

Had you applied for a skills assessment and did you meet the following requirements?

Australian study requirement:

Must have 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.

Registered course means a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000, to provide the course to overseas students.

 

[wrussell]

From what you have posted your qualification does not satisfy the degree requirement for the 485 Post Graduate Work Stream,

For the Post-Study Work stream you need a qualification; degree, diploma, or trade qualification 'closely related' to your nominated occupation. you do not have a degree or a diploma and civil engineering technician is not regarded as a trade.

You might be able to argue that the content of your course of study was closely related to your nominated occupation and was a 'trade qualification', Trade qualification is not well defined in the regulations and 485 applicants are not required to be qualified trades persons, only to hold a trade qualification.

I expect that with this line you would be pushing the proverbial uphill with burnt stick in the AAT. The best you could likely hope for is an expensive, lengthy delay of a final refusal It might pay you to consul a registered migration agent for advice about your possible strategies..

 

[Rmoslam]

I have got a positive skill assessment from vetassess as "civil engineering technician.

 

[wrussell]

I read that.

 

[LordDee]

If your TAFE courses meet the CRICOS requirements then why not apply for the 485 Post Study Stream rather than the Graduate Work Stream?

In the past 6 months before you applied for this visa you must have met the Australian study requirement. You will meet this if you are awarded at least one degree, diploma or trade qualification and:
your course was a CRICOS-registered course
you successfully completed all course requirements
your study was in English
you completed your course as a result of at least two academic years (92 weeks) study
you were physically in Australia for at least 16 calendar months to complete the study
you held an Australian study visa that allowed you to study
To meet the 2 academic year component of the Australian study requirement, you may combine courses in some circumstances.

 

[Rmoslam]

For the post study work stream. Minimum qualification should have to be bachelors (AQF 7). An Associate degree is AQF 6

 

[LordDee]

You are correct, I did not see that contradiction in the "Meet the Australian study requirement": You will meet this if you are awarded at least one degree, diploma or trade qualification and", then just below that "Hold an eligible qualification at degree-level or above": "If you have studied a standalone diploma or trade qualification, you are not eligible eligible to be granted a visa in this stream." It looks like they have some cleaning up to do on that stream: "you meet" the stated qualification, but "you are not eligible eligible…", wow!