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Published byLizbeth Wilkins Modified over 7 years ago
Student Visa Holders - what next? Common Visa Pathways
Who are we? National Visas has been in operation for nearly 10 years. We have 7 registered migration agents at our company. Simon has nearly 5 years experience with DIBP before becoming a migration agent. We have a combined 25+ years of experience with Australian migration. Presenting to you today are: Simon Delmo - MARN 1066328 Ivanna Cheng - MARN 1066462
Common visa options and pathways 485 (Gradate Stream) 485 (Post study work stream) GSM Employer sponsored visas Lots of possible options to get to PR - let's have a look...
Common pathway which does not rely on an employer to sponsor you. Need to be sure you can meet 485 requirements.
Again, depends on 485 eligibility, but provides a good option for people who need extra points, or who may struggle with skills assessments or English.
Not eligible for the post study 485 and your occupation is not on SOL Schedule 1, then you may need an employer to sponsor you. This pathway has good options to PR, possibly with no skills assessment and lower English.
Great option if you can do it. This is what we would first of all be aiming at, but it's not possible for everyone.
Another great 'direct to PR' option with no skills assessment. Wages can be lower than with the 457. You need an employer in a regional area. PR visa can be cancelled if you don't stay with the employer for 2 years.
Which visa? Choosing the correct visa or pathway can be complicated and mistakes can be very costly. If your visa is refused while you are in Australia you could be barred from making further applications. You need to understand whether you can meet requirements before you lodge. You also need to understand how your choices lead to PR. Let's start by looking at the 485. If you are eligible for the 485 it is an excellent place to start. It gives you breathing space.
The 485 Visa: The 485 visa can lead you to employer sponsored or possibly skilled permanent visas in the future. Depending on your eligibility, it could be an 18 month, 2, 3 or 4 year visa. There are now two possible options in the 485 visa. These are called 'streams' - the Graduate Skilled Stream or the Post Study Work Stream.
Graduate Stream 18 month visa Occupation must be on SOL Schedule 1 Requires a skills assessment 2 years study IELTS 6 (at time of application) Only 485 option for people who had applied for a student visa before Nov 5th 2011 Only 485 option for people who have a trade level qualification.
Post Study Work Stream You must have applied for your first ever student visa after 5th of November 2011 Bachelor level or higher 2 years study No skills assessment required No occupations list IELTS 6 (at time of application) Length of visa depends on your course of study (see next slide)
Post Study Work Stream (continued) Visa length depends on qualification obtained in Australia: Bachelor (2 year visa) Masters by coursework (2 year visa) Masters by research (3 year visa) Doctorate (4 year visa) What's missing? Diploma, Cert IV etc...
485 The 485 has very particular requirements. It is critical that you understand which stream you are applying in and what the requirements are at time of application and at time of decision. Small things trip people up and result in refusals with this visa. You must understand the detail.
485 - Time of Application Common Criteria Met 2 year study requirement in the last 6 months (course completion ) IELTS 6 at time of application Applied for an AFP clearance (and evidence with your application ) Booked in for your medicals with MHS for the purpose of the 485 visa ( and evidence with your application ). A medical for a student visa cannot be used to meet this requirement. Be under 50 years of age
485 - Time of Application Common Criteria (continued) Hold an eligible visa. This can get complex so be careful. For example, if you apply for a new student visa to study English, this could make you ineligible for your 485! Hold, or have held an eligible student visa in the last 6 months. Met 2 year study requirement in the last 6 months $1440 Be in Australia Health insurance - see next slide
Be careful of the health insurance requirement. Here is an extract from the government policy: Applicants who are also Student visa holders may present evidence of a valid Overseas Student Health Cover (OSHC) policy at time of visa application to satisfy 485.215(1). However, OSHC is not acceptable at time of decision. If the applicant moves from their Student visa to a bridging visa when their Student visa ceases, they will be required to obtain a non-OSHC policy to meet the health insurance requirements for their VC-485 visa application immediately after their OSHC ceases.
485 - Graduate Stream Time of Application Occupation on Schedule 1 of the SOL If using multiple courses the study must be 'closely related' Applied for skills assessment for your occupation At the time of decision you must have a positive skills assessment for your nominated occupation.
485 - Post Study Stream Time of Application Completed an eligible qualification awarded by an eligible institution within the last 6 months. No skills assessment and no nominated occupation requirements!
485 - time of decision You need to be aware of a number of time of decision requirements. These depend on your 'steam', but can include things like: Having a positive skills assessment for your occupation (Graduate Stream only). Maintained adequate health insurance throughout the whole processing period and while you hold the visa. Meet all health and character requirements (beware of 4020). Must be in Australia (primary applicant).
A word on 4020... The Department has what they call 'Public Interest Criteria 4020'. This is how they smash people who have provided bogus documents or false information in their application, or in the application for a visa they have held in the last 12 months. DO NOT provide false documents or information. It can catch up with you years later and blow you away. Examples from our experience (IELTS and police clearances)...
485 - how does the application process work? Once you lodge a valid 485 visa application you will receive a bridging visa. Normally this will be a BVA. The bridging visa allows you to remain lawfully in Australia while your 485 visa is being processed (see diagram on next slide). You can't travel while holding a BVA, you must hold a BVB! Notes: Make sure you are lawful at the time you apply! Becoming unlawful can have terrible consequences (like visa refusal and a three year ban).
Student visa expiry 573 student visa Apply for another visa (eg 485). BVA granted here. BVA comes into effect when student via expires. No travel on BVA., but you can get a BVB if you need to travel. New visa approved. BVA ceases.
What about Skilled Permanent Visas? Depending on your situation, you may have a direct to permanent skilled visa option, or you could be working towards your skilled visa, via the 485 or employer sponsored visas.
GSM subclasses 189 - independent permanent 190 - nominated permanent 489 - 4 year provisional visa which can lead to the permanent 887 visa. Hint - if your occupation is on schedule 1 and you have an eligible family member in Melbourne the 489 could be a good option.
GSM eligibility Whether or not you are able to apply for your skilled visa will depend on various eligibility criteria. These will include: Your occupation Can you meet assessing authority requirements? Do you need state nomination? Points Test Occupation ceilings!
IT Occupations: Recent changes to the ACS requirements. There is now a 485 skills assessment. You can obtain the assessment based on your qualification only (no work). Must be bachelor or higher. Permanent skills assessment for Australian graduates can be obtained only after one year of post qualification work or completion of a professional year. Now need to be very careful about the introduction of the 'skilled level requirement met' date for skilled work experience points.
Accountants: For the permanent skills assessment you need to make sure you meet the IELTS Academic 7 and meet the '9 in 12' mandatory subjects (or be a member of an approved association in lieu of the 9/12). Alternatively, obtain a 485 assessment with IELTS general 6. You can then meet the permanent requirements later. You can avoid the Academic IELTS 7 if you complete a professional year. Hint - fast processing skills assessments. Possible 'direct to permanent' options.
GSM Process: The permanent skilled migration visa program is called 'SkillSelect'. The process involves an expression of interest rather than an application. An application for the visa can then only be made if your expression of interest is accepted and you are invited to apply for a visa. Make sure you have met ALL requirements before you lodge your EoI. False information can result in a three year ban!
What about Employer Sponsored Visas? The temporary visa - 457 Permanent visas - ENS and RSMS
The 457 visa The 457 visa is a temporary visa that can go for up to 4 years, and can be renewed. It can be a great way to open your pathways to a permanent visa in either the skilled or employer sponsored space. It is a reasonably fast visa so employers like it.
The 457 visa - process Stage 1 - Sponsorship - about the employer. Stage 2 - Nomination - about the position and rate of pay. Stage 3 - Visa Application - about proving that you have the skills and English ability to meet requirements.
The 457 visa - transitional residence pathway An example of how the employer sponsored visas can work is to find an employer to sponsor you on the temporary visa (457), then once you are in Australia working for that employer possibly look at applying for permanent residence with their support (ENS or RSMS). This is called the Temporary Residence Transition Stream and is one of the most effective pathways to possible permanent residence.
ENS - subclass 186 This is a permanent employer sponsored visa. Your employer can be anywhere in Australia (city and regional). In most cases applicants won't be eligible for the ENS (subclass 186) visa as a new graduate. You may be able to meet requirements for this visa if: You have three years post qualification work experience, or You have worked for your employer on the 457 for 2 years, or You earn over $180K per year.
RSMS - subclass 187 This is a permanent employer sponsored regional visa. Your employer must be in a ' regional ' of Australia. In Victoria - anywhere except Melbourne Metro area. In NSW anywhere except Sydney, Wollongong or Newcastle. In Queensland - anywhere except Brisbane or the Gold Coast. All of Western Australia, South Australia, Tasmania, the Northern Territory.
RSMS - subclass 187 There is no occupations list for RSMS. Your occupation must be ANZSCO Skill Level 1-3. Like the ENS visa, there are 2 pathways for this visa: Transitional Residence Pathway Direct Entry
Transitional Residence Pathway This is for applicants who have worked for their sponsoring employer in their nominated occupation for at least 2 years while holding a 457 visa. Main benefits: Lower IELTS than 'Direct Entry' (IELTS 5) No Regional Certification
Direct Entry This is a permanent visa which you can apply for as soon as you complete your course, as long as you have an employer to sponsor you. Main benefits: You do not need a skills assessment (unless you are applying on the basis of a non-Australian trade qualification) You do not need work experience You need only to meet 'ANZSCO' requirements IELTS 6
RSMS - important information You must make a 'genuine effort' to remain with your sponsoring employer for the first 2 years after the visa is approved or your visa can be cancelled. DIBP do cancel these visas!
What do the employers need for RSMS? Active, lawful, operating business Genuine position Pay 'market salary rate' No training requirement (for direct entry applicants)
Other options? Partner options? Further study? Look out for any government changes, especially to access to the post study work stream.
How to start with National Visas...
This slide show will be available on our National Visas blog site here: http://www.nationalvisas.com.au/blog/
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