From 485 to 885 (with my wife)

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From 485 to 885 (with my wife)


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Old 07-27-2010, 11:43 AM
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From 485 to 885 (with my wife)

Hi everyone,

I am holding a 485 visa and just finished my master(accountant), I can nominate accountant as my occupation now, which is in piriority group 3.

I lived with my girlfriend for more than one year, and we got married last month. I also added her name in my 485 as well (subsequent entrants). She lodged her application on 13 July 2010.

I believe that her application will take ages, as what I read from other threads. I am thinking to lodge my 885 now, because I got enough mark already. I also feel very scare on the uncertainty of the immi policy and wish to lodge the application as soon as possible, so that it's safe. However, my agent advised me not to do it, but wait until my girlfriend's visa is granted.

Now, I have the following questions:

1. Is that okay, or a nightmare, if I lodge my 885 with my girlfriend's 485 visa pending? (Because of lots of paper work and admin issue...)

2. Assume the answer of Q1 is not okay, what will happen if my girlfriend's visa is not granted till next year. At that moment, I finished my course almost half year, am I still eligible to lodge 885? (I heard that overseas students need to lodge the application within half year of their completion. I am not sure whether it is applicable to 485 holder.)

3. Is it there is no differences for me as long as I lodge my 885 before December 2012?

Thank you very much.


  #2 (permalink)  
Old 07-27-2010, 04:45 PM
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Quote:
Originally Posted by matche View Post
Hi everyone,

I am holding a 485 visa and just finished my master(accountant), I can nominate accountant as my occupation now, which is in piriority group 3.

I lived with my girlfriend for more than one year, and we got married last month. I also added her name in my 485 as well (subsequent entrants). She lodged her application on 13 July 2010.

I believe that her application will take ages, as what I read from other threads. I am thinking to lodge my 885 now, because I got enough mark already. I also feel very scare on the uncertainty of the immi policy and wish to lodge the application as soon as possible, so that it's safe. However, my agent advised me not to do it, but wait until my girlfriend's visa is granted.

Now, I have the following questions:

1. Is that okay, or a nightmare, if I lodge my 885 with my girlfriend's 485 visa pending? (Because of lots of paper work and admin issue...)

2. Assume the answer of Q1 is not okay, what will happen if my girlfriend's visa is not granted till next year. At that moment, I finished my course almost half year, am I still eligible to lodge 885? (I heard that overseas students need to lodge the application within half year of their completion. I am not sure whether it is applicable to 485 holder.)

3. Is it there is no differences for me as long as I lodge my 885 before December 2012?

Thank you very much.
There are uncertainties that an election and policy statements can cause and I imagine your agent is conscious of that, something of a minefield to attempt tip toing through you could say and more so when you are looking at tip toing through hand in hand.
The agent I suspect is really saying to you to wait until the election result is known and there will be less uncertainty re policy change or not.
It could be that the policy will not change significantly for whilst the opposition leader has spoken of reducing immigration [ and mentioned international students seeking PR ], the government has already introduced changes which will probably affect those doing courses which are not of degree and above standard and I expect the opposition would have much the same approach, a lot of noise often being made at election times and politicians not always being too clear or knowing fully of what they are talking about.
So on one hand your fear of change may not be so warranted, though I also understand that until you have PR etc. for both of you there still remains uncertainty.
It should not be such a paperwork nightmare as you imagine as even if you have an 885 application in, it could take quite some time as a Priority 3 to be processed and so you'll likely be on the 485 for a while.
You may want to hold off on applying a bit to wait for the states to get their State Migration Plans established and if Accountancy is on the SMP of a state you're thinking of , then applying for sponsorship to have your 885 considered as an 886 will see you with Priority 2. without any policy changes.
All I'd suggest is that you attempt to prioritise and compartmentalise your situation, ie. if for instance PR is what your top goal is
. Look at best way of attaining that and is it the SMPs or perhaps even Employer Sponsorship as a TR 457 initially for a couple of years before PR and you can have an 885/886 application in at the same time without paying additional fees other than the minimal 457 application fee.
. Meanwhile, your wife's visa and is she here on a student visa or did you return to your home country and get married so she is applying from there or what? - it often also being a minefield for discussion in a forum for there not being full information disclosed.
Of course to be together is also no doubt a priority.
And you need to consider the eligibility requirements and she should apply accordingly - Skilled – Graduate (Temporary) visa (subclass 485)

It'll be worth checking with your agent or if you fear him wanting more money, to see what you can get from Immi for your dilemma is that if you do indeed get an early 885/886 grant and then where does that leave your wife with applying for a 485 secondary applicant visa.
It could be a very simple answer in that she may need to apply for a spouse visa if you have an 885/886 granted and she was not eligible to be a secondary applicant.

. That is the third compartment you need to address for on one hand you do not want to jeopardise your application by your wife's inclusion if she is not eligible and so you need to consider closely the 885/886 secondary applicant eligibility requirements re her having an eligible visa for if a 485 secondary visa is not an eligible one, then it may mean that she will have to be applying twice.
Your agent should be able to give a direct answer to that question or see how you go with Immi.

It may be that employer sponsorship and adding your wife as a secondary applicant in that process could greatly simplify the process for you.





Last edited by Wanderer; 07-27-2010 at 04:52 PM.

  #3 (permalink)  
Old 07-29-2010, 10:39 AM
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Quote:
Originally Posted by Wanderer View Post
There are uncertainties that an election and policy statements can cause and I imagine your agent is conscious of that, something of a minefield to attempt tip toing through you could say and more so when you are looking at tip toing through hand in hand.
The agent I suspect is really saying to you to wait until the election result is known and there will be less uncertainty re policy change or not.
It could be that the policy will not change significantly for whilst the opposition leader has spoken of reducing immigration [ and mentioned international students seeking PR ], the government has already introduced changes which will probably affect those doing courses which are not of degree and above standard and I expect the opposition would have much the same approach, a lot of noise often being made at election times and politicians not always being too clear or knowing fully of what they are talking about.
So on one hand your fear of change may not be so warranted, though I also understand that until you have PR etc. for both of you there still remains uncertainty.
It should not be such a paperwork nightmare as you imagine as even if you have an 885 application in, it could take quite some time as a Priority 3 to be processed and so you'll likely be on the 485 for a while.
You may want to hold off on applying a bit to wait for the states to get their State Migration Plans established and if Accountancy is on the SMP of a state you're thinking of , then applying for sponsorship to have your 885 considered as an 886 will see you with Priority 2. without any policy changes.
All I'd suggest is that you attempt to prioritise and compartmentalise your situation, ie. if for instance PR is what your top goal is
. Look at best way of attaining that and is it the SMPs or perhaps even Employer Sponsorship as a TR 457 initially for a couple of years before PR and you can have an 885/886 application in at the same time without paying additional fees other than the minimal 457 application fee.
. Meanwhile, your wife's visa and is she here on a student visa or did you return to your home country and get married so she is applying from there or what? - it often also being a minefield for discussion in a forum for there not being full information disclosed.
Of course to be together is also no doubt a priority.
And you need to consider the eligibility requirements and she should apply accordingly - Skilled – Graduate (Temporary) visa (subclass 485)

It'll be worth checking with your agent or if you fear him wanting more money, to see what you can get from Immi for your dilemma is that if you do indeed get an early 885/886 grant and then where does that leave your wife with applying for a 485 secondary applicant visa.
It could be a very simple answer in that she may need to apply for a spouse visa if you have an 885/886 granted and she was not eligible to be a secondary applicant.

. That is the third compartment you need to address for on one hand you do not want to jeopardise your application by your wife's inclusion if she is not eligible and so you need to consider closely the 885/886 secondary applicant eligibility requirements re her having an eligible visa for if a 485 secondary visa is not an eligible one, then it may mean that she will have to be applying twice.
Your agent should be able to give a direct answer to that question or see how you go with Immi.

It may be that employer sponsorship and adding your wife as a secondary applicant in that process could greatly simplify the process for you.
Dear Wanderer,

Thank you for your advice. I would like to add some details about my wife's situation. Her situation is quite complicated. Actually she used to be holding 485 visa as well, but already expired on 14 July 2010. She is currently doing a translation course(the course finish on Sep 2010), the reason she enrolled the translation course is that she believed she can claim extra points and become eligible to apply 885. (i think she misunderstood and made a mistake) Anyway, both of us noticed that translation has been removed from the list already.

So, we came to see an agent, and the agent adviced my wife to apply as a subsequent entrants under my 485. Now, her visa is in pending status. She still can stay in Australia legally because she had the receipt of her application of 485 subsequent entrant visa.

I am doubtful that why my agent didn't tell my wife to apply for a student visa, she has the eCOE anyway, it should not be a big problem. If her student visa is approved, than we can apply 885 together.

Unfortunately, the fact is that I added her name under my 485, and I need to decide whether I should lodge 885 now, or wait till my wife's subsequent entrant status is approved. If I lodge my 885, I can't add my wife's name because of her pending visa...that's my main concern at that moment...


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  #4 (permalink)  
Old 07-29-2010, 01:24 PM
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So your wife is currently on a bridging visa and you're on the 485, so I suppose the decisions you need to make are still somewhat like I posted above:
. do you go with an early 885 application in expectation it'll take a while and without being on a SMP and having state sponsorship for a 886 it'll likely take a while and you may be able have it take even longer than you need with only getting medicals and police checks when requested.
Skilled – Independent (Residence) visa (subclass 885) lists the various eligibility visas and though it mentions a 485 it does not mention a 485 secondary and you ought to check that it is an eligible visa or alternately she may be eligible to be an 885 secondary while she is still on the bridging visa, also needing to be checked.
If the 485 secondary and the bridging visa are both eligible visas for her to be an 885 secondary applicant, does it really matter when you apply for the 885 with her as a secondary applicant.





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Old 07-30-2010, 12:21 AM
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Quote:
Originally Posted by matche View Post
Hi everyone,
I am holding a 485 visa and just finished my master(accountant), I can nominate accountant as my occupation now, which is in piriority group 3.
I lived with my girlfriend for more than one year, and we got married last month. I also added her name in my 485 as well (subsequent entrants). She lodged her application on 13 July 2010.
I believe that her application will take ages, as what I read from other threads. I am thinking to lodge my 885 now, because I got enough mark already. I also feel very scare on the uncertainty of the immi policy and wish to lodge the application as soon as possible, so that it's safe. However, my agent advised me not to do it, but wait until my girlfriend's visa is granted.
Now, I have the following questions:
1. Is that okay, or a nightmare, if I lodge my 885 with my girlfriend's 485 visa pending? (Because of lots of paper work and admin issue...)
2. Assume the answer of Q1 is not okay, what will happen if my girlfriend's visa is not granted till next year. At that moment, I finished my course almost half year, am I still eligible to lodge 885? (I heard that overseas students need to lodge the application within half year of their completion. I am not sure whether it is applicable to 485 holder.)
3. Is it there is no differences for me as long as I lodge my 885 before December 2012?
Thank you very much.
This appears to be a difficult matter and I believe that you are going to get more confused by trying to get advice on such a complex matter on internet forums.

The problem that you have if you lodge your 885 at the moment is that you can not include your wife if she is currently on a bridging visa awaiting the outcome of her 485 subsequent entrant application. Once you have lodged your 885 you can not then add your wife to this application once her 485 is granted.

It will depend on when your 485 application was lodged as to weather changes in the regulations will affect you.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699
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