Transcript Student-Presentation-Dec-2013

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
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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,
Met
or have held an eligible student visa in the last 6 months.
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
New visa approved. BVA ceases.
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.
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:
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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:
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You have three years post qualification work experience, or
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You have worked for your employer on the 457 for 2 years, or
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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:
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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:
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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)
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You do not need work experience
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You need only to meet 'ANZSCO' requirements
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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?
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Active, lawful, operating business
Genuine position
Pay 'market salary rate'
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No training requirement (for direct entry applicants)
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Other options?
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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...
Questions?
This slide show will be available on our National Visas
blog site here:
http://www.nationalvisas.com.au/blog/
www.nationalvisas.com.au