Visa 485 Refused

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Visa 485 Refused


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  #1 (permalink)  
Old 03-06-2018, 07:53 PM
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Unhappy Visa 485 Refused

Hi all,

Here the story,
My wife (Main applicant) applied for her Graduate Visa on the 5th Dec 2017 as her last exam date was on the 30th December 2017 .But then when we got the completion letter from the Uni , it says 7th December 2017. Now the Immi Department is refusing our application because we applied 2 days early and we need to leave.

Please can anyone advise me what I can do.

Further details of the Assessment.
On 05 December 2017, the applicant lodged an online application for a Temporary Graduate(VC-485) visa and declared the following completed course of study under Australian qualifications:

● Master of Teaching (Birth to 5 Years) completed at Western Sydney University –undertaken from 10 February 2016 to 30 November 2017
On 20 December 2017, the application was assessed by an officer of the Department. The applicant was requested to provide, amongst other documents, a Letter of Completion for all completed qualifications in Australia.

On the same day, the applicant provided a letter of completion dated 08 December 2017, for
a Master of Teaching (Birth - 5 years) obtained from Western Sydney University.

The letter of completion stated that ‘the student has satisfactorily met all course requirements as of 07 December 2017 and is eligible to graduate’.
As there were other dates noted on the letter, an officer of the department contacted the Assessment and Graduation Unit of the University of Western Sydney to confirm the actual date that the applicant completed her course.

An officer from the Graduations Student Administration confirmed that the applicant completed her Master of Teaching course on 07 December 2017. This confirmed that the course was completed after the application was made.

Therefore, the applicant’s Master of Teaching qualification cannot be used to satisfy the study requirement for this visa.

The applicant did not provide additional documentation indicating they held another eligible qualification.

Based on the evidence provided by the applicant, I am not satisfied the Master of Teaching qualification meets Regulation 485.231(3) as the coursework was not completed in the last 6months ending immediately before the day the application was made.

Therefore, I find that the applicant is unable to meet the requirements for subclause
485.231(3) of the Regulations.
-----------------------------------------------------------------------------------------------
Please Help


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Old 03-06-2018, 08:39 PM
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AFAIK, you must use the completion date from the university as the date you have completed the course. So in this case, your wife applied 2 days too early and the case officer was correct to refuse the application.

You can speak with a migration agent, but I think her only option is to submit a new application. This may need to be done from outside Australia though since she may be barred from lodging an onshore application after an onshore refusal. A migration agent can confirm this for you though.

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Old 03-06-2018, 11:20 PM
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A new sc. 485 visa can only be lodged in Australia, so they would have to go offshore and try and come back on another visa to overcome section 48 issues. Of course there is no guarantee that another visa will be granted or that it will come without 'no further stay" condition.

I have said it before and I will say it again; I think student graduates should not be allowed to lodge their own sc. 485 visa applications, as so many of them make such very basic and totally avoidable mistakes, resulting in all sort of unnecessary heart ache and expense.

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Old 03-07-2018, 12:25 AM
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Question

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Originally Posted by CCMS View Post
A new sc. 485 visa can only be lodged in Australia, so they would have to go offshore and try and come back on another visa to overcome section 48 issues. Of course there is no guarantee that another visa will be granted or that it will come without 'no further stay" condition.

I have said it before and I will say it again; I think student graduates should not be allowed to lodge their own sc. 485 visa applications, as so many of them make such very basic and totally avoidable mistakes, resulting in all sort of unnecessary heart ache and expense.
Hi,
My wife still have her student visa ,which is valid till 31 March 2018.
So can we still apply onshore ?

My wife has been granted a bridging visa A, which I think is not in effect, because her student visa is still in effect until 31 March 2018.

Please advise .
Thanks


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Old 03-07-2018, 01:47 AM
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Quote:
Originally Posted by yan_grand View Post
Hi,
My wife still have her student visa ,which is valid till 31 March 2018.
So can we still apply onshore ?

My wife has been granted a bridging visa A, which I think is not in effect, because her student visa is still in effect until 31 March 2018.

Please advise .
Thanks
As long as she still holds an eligible student visa and still meets the other requirements, she should be able to re-appy.

Section 48 would only apply if a visa application was refused and she is no longer the holder of a substantive visa.

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Old 03-07-2018, 02:27 AM
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Hi Yan,

I would suggest to make sure all documents are ready for re submission and than apply again for the 485 visa.

I hope you find this useful,

Regards,

Moran


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Old 03-07-2018, 02:56 AM
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Question

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Originally Posted by CCMS View Post
As long as she still holds an eligible student visa and still meets the other requirements, she should be able to re-appy.

Section 48 would only apply if a visa application was refused and she is no longer the holder of a substantive visa.
Thanks for the information. Im a bit less anxious and panic.

But for this part of the application
Refused entry permit or visas
You have indicated that you or another person included in this application, have been refused a visa for Australia.
What should I put ?
Specially for the part where it says: Additional
Information

Should I just copy and paste the assement they sent me ? Should I say that the visa student visa is still valid ?

Thanks


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Old 03-07-2018, 02:57 AM
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Thanks for the advise


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Old 03-07-2018, 03:51 AM
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Quote:
Originally Posted by yan_grand View Post
Thanks for the information. Im a bit less anxious and panic.

But for this part of the application
Refused entry permit or visas
You have indicated that you or another person included in this application, have been refused a visa for Australia.
What should I put ?
Specially for the part where it says: Additional
Information

Should I just copy and paste the assement they sent me ? Should I say that the visa student visa is still valid ?

Thanks
Just write; sc. 485 visa was refused because of failure to meet subclause
485.231(3) of the Regulations.

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Old 03-07-2018, 04:24 AM
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Question

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Originally Posted by CCMS View Post
Just write; sc. 485 visa was refused because of failure to meet subclause
485.231(3) of the Regulations.
And what about the Student Visa. Should I mentioned anything about that ?
Or attached anithing ? Will they know that the Student Visa still hold and section 48 is not applicable ?


In addition , her IELTS score will expire on 15 March 2018, so my deadline is 14 March ; Right ?


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