Is It Possible, Advice Needed Please

[steteevic]

Hi Guys, just wondering if someone out there can help, My Sister is currentley out in OZ, ( lucky sod ) on a one year visitors visa, she went out there with her God kids and thier Mum and Dad who emigrated Feb just gone, they are in Mildura 457 visa,
Now times movin on, they seem to be settled, and she is wondering if she could enrol at the TAFE in Mildura to extend her visa, IS THIS POSSIBLE ????????.
dosh ££££, is not a problem, but she seems to think her age will be against her, she forty blah blah blah, hope you lovely people can point us in the right direction, it would break her heart to leave the kids, cheers guys Theresa.
Good luck to all STILL looking for SPONSERSHIP, Im about ready to give up.

[planky]

As far as I know there are many mature students out there in oz....you're never too old!!!!!

[Gollywobbler]

Hiya

If your sister is 40 and she gets on a course starting at the end of January 2009 (they seem to start either at the end of Jan or the end of JUly each year - 2 intakes) she can complete her two years of study plus get the necessary 900 hours of work experience over and above work experience needed as part of the course) in plenty of time before she turns 45. The student visa will also enable her to work for up to 20 hours a week (paid work) during term time and as many hours as she wants in the college vacations.

It would make sense for her to study for one of the skills on the MODL (preferably one that is likely to stay on it - which is always the gamble because the MODL seems to get reviewed and changes made to it) twice a year. The current one was issued on 17th May 2008.

http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/occupations-in-demand.htm

Basically, she needs to do a two-year, full time course leading to the AQF III qualification. Armed with that and the additional 900 hours, as the legislation stands at the moment Sister would then be able to get a positive skills assessment under TRA Pathway E, leading to a skilled independent visa, hopefully. An MODL skill would give her extra points towards the 120 needed for a skilled subclass 175 visa.

But there is a catch. It has to be the right type of course. I don’t know what constitutes the “right type” exactly, so it is worth getting specialist advice about this bit. I’ve read on here about two bricklaying courses, one in Perth and the other one in Melbourne. Apparently the one in Perth meets all the criteria but the one in Melbourne does not. Ergo it follows that the TAFE in Mildura won’t necessarily be able to supply the “right” course in hairdressing or whatever, so this bit needs careful investigation.

http://www.thisisaustralia.com/aboutus.asp

Since Sister is in Oz there is no point in her consulting anybody elsewhere about this. We have a member on here called Laura something. She has migrated to Oz and now works for the above firm. Laura is involved in the “Education end” of it and I think ************** is the guy who knows about Student visas. Most Agents do this double-act between themselves and an education agent.

The links below might be useful as well:

http://www.aiec.hu/en/node/mainpage

Andrew Smith from AIEC posts on here as connaust.

http://cricos.dest.gov.au/

I would not trust the CRICOS website by itself. I would get help with choosing the course if it were me.

I’ve a feeling that the visa applicant needs to be outside Australia when the visa is granted.

http://www.immi.gov.au/students/index.htm

I am not sure whether the criteria for the Student Visa require the applicant to be outside Oz at the time when the visa application is made.

However, this may be affected by Condition 8503 anyway if C8503 has been imposed on Sister’s current subclass 676 tourist visa. If it has been, then Sister will need to be outside Oz at the time when her student visa application is submitted to DIAC:

http://www.immi.gov.au/media/fact-sheets/52cImposition_of_visa_condition.htm

Unless she is able to get Condition 8593 waived:

http://www.immi.gov.au/media/fact-sheets/52bWaiving_Condition8503.htm

I know a guy who did manage to get it waived but it took nearly a year to do so. It is (or at any rate can be) quite a performance, I gather.

If Sister does need to be offshore at the time when the Student visa application is made, the other thing to check is whether her current 676 visa is valid for multiple entry or not. If it isn’t then it will end when she goes offshore and she would need another one in order to get back in.

I’d get some professional help if I were your sister. I’m not a migration agent, so I’ve merely tried to help as best I can.

Best wishes

Gill

[steteevic]

Hi Gill, I knew if anyone had any info IT WOULD BE YOU, thank you so much, many times on here, you have helped people out, gone above and beyond the call of duty, you are an absoulute assett to this site, I will pass on to my sister what you have said, once again THANK YOU
Theresa.