RE: Subclass 485 Visa Problem Help!!!

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

RE: Subclass 485 Visa Problem Help!!!


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-08-2010, 03:04 PM
Junior Member
 
Join Date: May 2010
Posts: 3
Please update your flag here .

RE: Subclass 485 Visa Problem Help!!!

I know I am silly. I do made a big mistake.
When I applied for the 485 Visa (TR), I didnot know that have to do the Australian Federal Police Check, and I didnt do it and didn't provide it.

Now my case officer said would refuse to grant me the 485 Visa if I couldn't provide a copy of Police Check date before I applied the application. he said if I provide a new one, which the valid date would be now. then he would refuse to grant the visa!

HELP,??!!! Anyone??


  #2 (permalink)  
Old 05-08-2010, 04:57 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Quote:
Originally Posted by supporter28 View Post
I know I am silly. I do made a big mistake.
When I applied for the 485 Visa (TR), I didnot know that have to do the Australian Federal Police Check, and I didnt do it and didn't provide it.

Now my case officer said would refuse to grant me the 485 Visa if I couldn't provide a copy of Police Check date before I applied the application. he said if I provide a new one, which the valid date would be now. then he would refuse to grant the visa!

HELP,??!!! Anyone??
It may seem to be a harsh ruling but all immigration regulations are governed by legislation and the case officers have no option but to apply the regulations as they are.
If they did anything otherwise they would be breaking the law.

It may be that you have to get your existing application cancelled or withdrawn and you can ask your CO about that and in regard to submitting a new application once you have the PCC.





  #3 (permalink)  
Old 05-09-2010, 12:12 AM
Junior Member
 
Join Date: May 2010
Posts: 3
Please update your flag here .

Thank you for your reply.
I don't have any chance to re-apply as I already pass the time of six months after I graduated from my Uni.

If I do withdraw my case.
Can I still apply for a Student Visa (post-graduate degree related to IT, as my current degree is Master of Information Management,and I can get some credits from my current degree, then I can finish in half year. and apply 485 visa and PR )
Can I do this?


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 05-09-2010, 05:01 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Quote:
Originally Posted by supporter28 View Post
Thank you for your reply.
I don't have any chance to re-apply as I already pass the time of six months after I graduated from my Uni.

If I do withdraw my case.
Can I still apply for a Student Visa (post-graduate degree related to IT, as my current degree is Master of Information Management,and I can get some credits from my current degree, then I can finish in half year. and apply 485 visa and PR )
Can I do this?
The 485 study requirement eligibility does say that the 92 weeks study does not need to all be in a two year period and so if you can do study that will see you still comply with the 92 weeks and awarding of a degree etc., further study may be an option for you.
You'll need to make sure you comply with the conditions specified on http://www.immi.gov.au/skilled/gener...lity-study.htm in addition to all 485 eligibility requirements and so make sure you use the Checklist - http://www.immi.gov.au/skilled/gener..._checklist.pdf

So you certainly need to look into it thoroughly and take it one step at a time, ie.
. Organise a student visa and to be accepted into an appropriate course that could mean waiting until next year.
. A 485 visa will not guarantee PR and is just a means to allow moving towards achieving eligibility - and then it is a separate application.

You should also have a good read of the changes that are to be introduced for Immigration regulations - the What's New link on Skilled – Graduate (Temporary) visa (subclass 485)





  #5 (permalink)  
Old 05-09-2010, 05:43 AM
Junior Member
 
Join Date: May 2010
Posts: 3
Please update your flag here .

I very appreciated your reply, Wanderer.
When I read the two year study requirement and overlap qualification from Immi.gov.au website, I still can't quite get it.

Now I hold Master of Information Management degree (two years study in Australia), and I withdraw my 485 visa.
Then I apply for Graduate Diploma of Information Systems Management (one year study).
and I can get some credits from my Master degree courses, then I can finish in half year.

My question is that "Two Year Study Requirement", do I meet it?
Because I study Postgraduate degree ONLY for one year in Australia.

Does Immigration department admit that I meet the TWO YEARS study requirment,
if I apply PR based on my Postgraduate degree, since my Master degree already pass 6 months period after I graduated from my Uni.

Can I count on the time that I studied my Master degree.?


  #6 (permalink)  
Old 05-09-2010, 11:10 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Quote:
Originally Posted by supporter28 View Post
I very appreciated your reply, Wanderer.
When I read the two year study requirement and overlap qualification from Immi.gov.au website, I still can't quite get it.

Now I hold Master of Information Management degree (two years study in Australia), and I withdraw my 485 visa.
Then I apply for Graduate Diploma of Information Systems Management (one year study).
and I can get some credits from my Master degree courses, then I can finish in half year.

My question is that "Two Year Study Requirement", do I meet it?
Because I study Postgraduate degree ONLY for one year in Australia.

Does Immigration department admit that I meet the TWO YEARS study requirment,
if I apply PR based on my Postgraduate degree, since my Master degree already pass 6 months period after I graduated from my Uni.

Can I count on the time that I studied my Master degree.?
It is a bit unusual to do a Masters and then use credits from that to do a lesser qualification but the Immi site does say that can be done.

First you need to ensure whatever new course you intend to do is approved, the key information being
Quote:
There are two main components of the Australian study requirement.

•You must have studied for a minimum of at least 16 calendar months within Australia in a course registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
and
•You must have completed two (2) academic years of study, which is 92 weeks of registered study.
All of which must contribute towards the award of an acceptable qualification that is closely related to the occupation you nominate on your General Skilled Migration application. Check the registration of your course(s) on CRICOS website.
See: The Australian Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)

The 92 weeks of study could contribute towards the award of one or more acceptable qualification. In this instance, the courses of study need not have been undertaken within a 24 month period. It is possible to have a break between completing the first course and commencing the second.

The department will use CRICOS to determine the standard duration of a course. A course that has a registered duration of 92 weeks is considered to meet the two academic years requirement.
http://www.immi.gov.au/skilled/gener...lity-study.htm has further detail on overlap of courses, ie.
Quote:
Overlap of qualifications
Where qualifications overlap, you cannot count periods of study more than once.

If you complete more than one 'acceptable' qualification but use only the last qualification to meet the Australian study requirement, then any credit received in that qualification from the previous qualification(s) will count towards meeting the Australian study requirement, while the actual study within the previous qualification(s) on which the credits were based is used towards meeting the regulation 1.15F(1)(b) 16 month requirement.

Alternatively, you can choose whether to use the overlapping study from the first or second qualification with respects to meeting the Australian study requirement if, for example:

•two qualifications are used to meet the Australian study requirement
•credit has been granted in the second qualification based on the first qualification, that is, the qualifications overlap.
So in effect, with credits you use from the Masters, you'll still need to meet both the 16 months minimum time duration in total and also the 92 weeks as rated by CRICOS to be eligible for the 485 or alternately the 885/886 via any state/territory migration plans [ yet to be published ] or state/territory sponsorship.

By getting a 485 granted that is a qualifying visa for an 885/886 and the eligibility is based on:
Skilled – Independent (Residence) Visa (Subclass 885) -

Where you also need to be wary though is that your studying will align you with whatever occupation you seek to nominate, ie.
Quote:
Qualifications must be closely related to nominated occupation
The Australian qualification(s) you have completed must be closely related to your nominated skilled occupation. This means that the subject matter and the skills gained from your qualifications can be applied at the level you achieved them in your nominated skilled occupation. Some examples of this are:

•Diploma in Business and Certificate IV in Carpentry would be consistent with nominating Carpenter as your occupation as applicants could find those qualifications genuinely useful in operating their own business as a carpenter.
•Masters in IT and Certificate III in Carpentry would not be consistent with nominating Carpenter as your occupation as you have attained skills at a significantly higher level in a professional field and skills at that level will not have any practical application in working as a carpenter.
Other examples of acceptable combinations of closely related to your nominated skilled occupation an applicant who nominates:

•Pharmacist as their skilled occupation and completes a Bachelor of Pharmacy in Australia
•Electrical Engineer as their skilled occupation and has completed a Bachelor and Masters of Engineering in Australia
•Pastry Cook as their skilled occupation and has completed a Certificate III in Patisserie and Certificate IV in Commercial Cookery in Australia
•Archivist as their skilled occupation who has completed a Graduate Diploma in Information Management and an Associate Diploma in Computer Science in Australia
•Graphic Designer as their skilled occupation and has completed an Advanced Diploma of Arts in Graphic Design and a Diploma of Business.




Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Student Visa expiry problem Michael_cook3 Visas and immigration 2 05-29-2011 09:46 PM
visa problem max New member introductions 0 05-16-2011 07:15 PM
Help please! Visa expiring soon + Health problem + no appointments available nbanskota Visas and immigration 5 02-19-2011 12:17 PM
Spouse visa problem Libell Visas and immigration 3 05-06-2010 03:52 AM
problem with multi visa applications?? wimo Visas and immigration 4 04-18-2010 07:36 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 01:05 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com