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Discussion Starter · #1 ·
Hi folks,

I have two questions about relodging a new PR application (under Direct Entry Stream) after the first one got refused. As I have been working for the current employer for 3 years now, I am eligible to be nominated under the Temporary Residence Transition Stream (TRTS) this time. I was wondering,

1. If I read it correctly, studies in "English language medium" for full over 5 years will suffice the exemption from the competent English requirement. As my Master's (in Canada) and PhD (in the US) are combined over 5 years, I don't need to take one of the English tests but can use my diplomas as evidence for exemption. Is that correct?

2. One of the lawyers that I contacted told me I need to lodge my application this time "offshore" since I got my first application refused. He said it's because of the section 48. However, the other lawyer said otherwise as my 457 visa is still valid and I can still lodge a new application on shore. Which version is correct?

3. Once the HR of my instituion nominates me under TRTS and gets the nomination code/number, can I lodge my application at the same time instead of waiting for the nomination approval (as it's usually the long wait for each process)?

Your kind advice is much appreciated.
 

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2) If you are still on a substantive visa when you lodge the new application, you won’t be affected by s. 48.
3) You can lodge the visa application straight after the nomination has been lodged, but before it is decided. Obviously if the nomination is not approved, the visa application cannot proceed and no refund will be made.
 

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Discussion Starter · #3 ·
Thank you, Nick, that makes sense. What about my question 1 regarding the English requirement? Given my academic studies in English language medium over 5 years, can it be exempt?
 
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