[Naddy]

Hi

This forum has proved really useful for me especially during current confusing state of migration laws. I understand that changes are necessary but it would have been easier for us if transition was streamlined for existing applicants.

I finished my Masters in July 2009 and applied for 885 onshore skilled migration in September 2009 and was put on CSL as I had 2231-79 (Java Specialist) as occupation code. But because of recent changes I have been put to the least priority group. So like everybody else I have started looking for alternatives. My employer is ready to sponsor me on ENS but as I finished my Masters more than 6 months ago I will have to lodge an offshore application (with $7000 total cost which I can not afford).

I have few questions and I am sure I will get them answered on this forum:

1. Can I add state sponsorship to my current application or does it have the same condition of finishing studies in last six months? Is it advisable to lodge an offshore application in parallel to my current application?

2. Victoria is offering state sponsorship for 261399 Software and Applications Programmers nec. Can I apply for that on my existing ACS assessment or do I need to get a reassessment?

3. Can I get reassessed for another closely related occupation like 261312 Developer programmer and update current onshore application? I think I can't do that because of immigration laws but would like to confirm that.

Regards,
Naveed

 

[Wanderer]

There have been a number of changes for sure and whilst there have been a number of transitional arrangements made for existing students prior to O8Feb and re the GradTR 485, it does seem the new prioritisation regs do make things difficult for some.

With the State Migration Plans now coming on stream, I think if you have a read of the latest SMP announcement on the Immi What's New Link or it may have even also been mentioned on the earlier announcement re priorities that in already having a 885/175, getting a state sponsorship now would not see that applying to an existing application.

As for the ACS assessment, the ACS have apparently been offering ASCO/ANZSCO conversion assessments and though the SOL#4 could be used as a guide for conversions, there would be no harm in seeing what you can get with them though it would still need another visa application after getting sponsorship.

I am however a bit surprised about the ENS offshore application comment for are you basing that on currently not being on an eligible visa and is that because you are on a bridging visa and did not apply for a GradTR 485 visa before the 885.
If so, another option for you may be getting the employer to sponsor you first on a 457TR visa, a bit more lengthy for you would need to be on that for two years for it to be an eligible visa and then with being sponsored for the ENS, you could do it onshore and your fee paid for the 885 would mean the ENS would be fee free.

 

[Naddy]

Thanks Wanderer.
Yes I am on a bridging visa so can not apply for onshore ENS. As far as state migration is concerned I had the same knowledge as yours but when I read the FAQ for SMP it further confused me.

Q10 Can I obtain priority processing under a State Migration Plan if I have already applied for an Independent Skilled visa or I have been sponsored by a family member?

Answer: Applications for permanent visas lodged before 1 July 2010
Applicants who applied for either a Skilled (Residence) or Skilled (Migrant) visa (subclasses 175, 176, 885 and 886) before 1 July 2010 are able to seek a nomination under a Plan and have their application assessed on the basis of having a state or territory nomination.

Kind Regards,
Naveed

 

[Wanderer]

Yes Q10 allows for an application prior to 01 July to be considered as per being on a SMP if you get sponsorship but that means your visa application occupation is on an SMP.
My comment re not being able to do it is on the basis of seeking a new ACS classification and then sponsorship for you cannot just change your occupation on a visa application.

 

[Naddy]

Thanks Wanderer

Your answers have really been helpful for me.