Libbyella

Hi KC24 Like LawyerAbroad I got two former colleagues to do statutory declarations detailing the area of law I worked in, role, duties etc; I didn't approach my employer. The stat decs were accepted in my case. Hope this helps ...

Hi LawyerAbroad I feel your pain. I requalified as a solicitor to get a 189 visa in 2016. I didn't prepare a spreadsheet of my costs because I tried not to think about the huge investment my husband and I were making, when there was no guarantee we'd get the visa in time. I had to apply for admission with my Constitutional Law result pending as I needed to be admitted and to have lodged my EOI before my 45th birthday. I attended the admission ceremony and lodged my EOI on the same day in August 2016 and was invited to apply 48 hours later. I turned 45 (thereby losing 5 precious points I couldn't make up any other way) in September. So, I just made it! I was 12 years PQE and went to town on my specialism (family law), providing as much evidence as I could that I only intended practising in family law in Australia and feel very fortunate that I only had to study Constitutional Law and then trust and office accounting and ethics and professional responsibility. I don't agree with wrussel that you can avoid studying these as a minimum in order to qualify. We activated our visa in 2017 and are now finalising plans to leave for Brisbane later this year. I have forgotten all that I studied in 2016 but I'm hoping it will come back to me! All the best with your journey

Hi I don't know if helps to know, but when I was assessed by LPBWA, they did take my 2 year training contract into account when considering PLT subjects. I was more than 7 years' qualified when my skills were assessed and I provided a very detailed cv of all that I'd done in my training contract (3 seats - property, civil litigation/debt recovery & family) and all that I'd done since qualifying, including every course I'd done. I was assessed and exempted from all PLT training except trusts & office accounting and professional ethics and only had to do one academic subject - constitutional law. I do think that it comes down to what academic training you did, how long ago and how much detail you give them about what you've done since. I included 2 signed references from senior colleagues I'd worked with saying they knew me as a family specialist and that I only intended continuing to do family. I don't know if it helped but I put these in to support my case that I only intended doing family, in the hope it would persuade them that there were no merit in making me study property, contract, company law etc. My advice is that if you are more than 7 years qualified and are therefore eligible to apply for exemptions, go to town with your evidence. I even included a copy of an email from me to the family law practitioner's group in Perth asking if I could join and introducing myself etc - probably not relevant but all designed to build a picture that I was only ever going to continue doing family. Good luck with the assessment - LPBWA were really efficient and it helpful with my queries.

Hi Peachy Just wondering how it worked out for you. Your info at the foot of your last post says you got a visa grant on 02/03/15 - does that mean you are now in Oz and working as a solicitor? If so, how did you complete your requalification and did you go on a 189? I'm particularly interested because I'm looking at other options to a 189 as my 45th birthday approaches and I might have to pursue a different route. Hope to hear it's all worked out for you

Hi Louisella I've got a query along similar lines. Hoping someone may have some advice about this... I may be left with no other option but to apply for a 489 family sponsorship but I will only have 60 points. Looking at the statistics on the invite rounds, it seems that in recent months, only EOIs for 489s with 70 points received an invite and this has been consistent, although earlier in the year, there were some invites for 489 applicants with 65 points. So, my question is, if you only have 60 points, does this mean you will never get an invite for a 489 as long as there are other applicants with more than 60 points, or is it the case that when you've been waiting long enough, they do eventually invite people with less points than other people who have only just joined the queue? I'm hoping that it is possible to receive an invite for a 489 with 60 points because there is nothing I can do to acquire additional points. I have thought about applying for state sponsorship on a 489 rather than family, but I'm put off by the restrictions on location, whereas I understand if a family member sponsors you, although they have to live in a designated area, you don't have to join them in the same regional area, which opens up the possibility of finding work in a different state. Any advice about 489 timelines and minimum points would be gratefully received. Thanks all

Hi - sorry to hear it isn't more positive news for Louisella. I agree with Racmac about appealing as I've seen on this and other forums people telling tales of successfully appealing and getting a few subjects removed. For my part, when applying for assessment, I really went to town on my experience (12 years PQE) and my intention to continue to specialise in family law (included this in the stat decs from 2 colleagues as well). The rules do say if you're more than 7 years PQE you may apply for exemptions, so if it were me, I'd appeal. I also sympathise with the age thing ... I'm 45 this year and rushing to try to complete all subjects, lodge EOI and get the invite before the dreaded birthday happens. Also, I did raise queries on this site if anyone knew whether you could lodge your EOI once you'd taken and passed your exams for the subjects you were assessed as having to take, which logically seems like you've met the criteria for a positive skills assessment. Colonel gave me sensible advice about the problem if the date of your admission is after the date of your EOI and even though when you lodge your EOI you can work out and be relatively confident that you'll be admitted prior to the invite, the DIBP could look back and see you lodged your EOI before being admitted, so would reject your application. So, us solicitors are left with having to pay to have our skills assessed, pay for the subjects we need to take and then pay to be admitted, including going to Aus to attend the ceremony, and then and only then can we lodge our EOI ... which could result in no invite, so it was all a waste of time, effort and about £4k ... I think of my cousin - an electrician, who applied for skilled migration as an electrician, got his visa and moved over with all his dependants, then worked doing something else for a time because he couldn't pass the local electrician tests. He's passed them now and it's all worked out but how lucky was he being able to complete his requalification in Aus! If only they'd let us do the same - maybe there's something in what Peachy says about Aus not wanting more lawyers

Hi - I'm sure I've read somewhere that unless you are studying a full time course (ie all components), you don't qualify for a student visa. I could be wrong but it kind of makes sense that DIPB would want to close a loophole where someone could get a visa to live, study (and work limited hours as I understand it) when they are only studying one or two subjects when they aren't a full time student. If you plan on taking the Juris Doctor full time, then I'm sure that would qualify. Racmac makes a really good point though about competing with local candidates. Racmac and I are doing the same thing - 2 practical law subjects online at the College of Law and Constitutional Law online at the University of New England. Total cost is a painful £2,500 for the subjects, plus additional costs for text books and paying to take the exams in a UK venue. If I was younger and had another option, I'd get myself over there, try to find a non-practising law job to earn whilst I studied out there. This seems to be the more common route for solicitors and barristers but not an option for me unfortunately Hope this helps and good luck!

Yes, the EOI asks if you have a positive skills assessment and the date of it. I thought it would be ok to use the assessment letter confirming 3 exams (only) needed as the 'positive skills assessment'. However, Captain C advised me that there have been candidates who have lodged their EOIs claiming they had a positive skills assessment (as they were waiting for to pass an exam, for example and knew they would have passed it before being invited to apply). Then, when invited to apply, as the date of their positive skills assessment was later than the date of their EOI, their whole application was rejected and they weren't allowed to proceed, even though at the time of invitation, they did have a positive skills assessment! This put me off 'risking it' and lodging the EOI whilst awaiting exam results. The WALPB website states they will provide a letter of eligibility but I haven't checked with them whether they will do this before all exams have been taken and presumably passed. Also, I've been unable to find out from DIBP whether an eligibility letter rather than confirmation of admission will count as a 'positive skills assessment'. The default answer from WALPB and DIBP is 'evidence of admission will be treated as a positive skills assessment' arghhhhh, I know this already! Hopefully Killara will be able to shed some light on his previous experience with experienced practitioners and what constitutes a positive skills assessment ...or anyone else out there who has gone through the process. Thanks for the tip about Mike Brean - I will try and contact him. Thanks

Hi Killara This is a specific enquiry but may help other solicitors looking to migrate on a 189 visa ... Please could you elaborate where you say that you have experience of an experienced overseas legal practitioner being able to obtain a positive skills assessment without being admitted in Australia. I've had my skills assessed and my assessment statement sets out I'm required to study 2 x PLT subjects (Professional Skills and Trust & Office Accounting) and 1 x academic subject (Constitutional law) to be eligible for admission. My first question is, can this be construed as a positive skills assessment as it's only 3 subjects? If not, I'm currently studying and I had hoped that if and hopefully when I pass the 3 subjects, I'll be able to apply for a certificate of eligibility and I thought that this might stand as a positive skills assessment. It would however be a revelation which would instantly lower my blood pressure if I found out I could lodge my EOI (65 points) once I've either passed my last exam or got the eligibility letter, rather than waiting to be admitted. The reason is, my last exam is due to be passed in July and there is an admission ceremony I could just make on 01/08/16 but I will be 45 on 24/09/16, so this will leave only 6 weeks to wait and hope I am invited to apply before my birthday. If I don't get invited, all the investment of time and money is completely wasted as I lose points for age on my birthday which I can't make up another way. If I can lodge the EOI in July, after passing my last exam, it's still tight, but I will have bought myself another month for the EOI to be processed, as well as saving the cost of attending the admission ceremony which could all be for nothing. Your comments would be gratefully received. Thanks

Following on from this thread, can I ask if any qualified solicitors who have gone on to apply for skilled migration, have obtained a positive skills assessment from a Legal Practice Board in any state? If so, what does a positive skills assessment actually look like? Having looked at the LPBWA's site, it indicates that once an applicant has had their skills assessed, completed any additional study requirements and obtained an eligibility certificate stating they are eligible to apply for admission, this will amount to a positive skills assessment (ie you don't need to have actually applied for admission). I also picked up that you can obtain an eligibility certificate once you've had your skills assessed and are in the process of completing the additional study requirements but you don't have to have completed them to apply for the certificate. Has anyone had experience of this? I'm wondering whether there are any qualified solicitors who applied for their skills to be assessed, were told they needed to study x, y and z, enrolled on the x, y and z courses, applied for an eligibility certificate and received one saying (presumably something like) 'subject to passing x, y and z, the applicant is eligible for admission' and whether this eligibility certificate was then accepted as a positive skills assessment? I suppose at the heart of this query is my original question about what does a positive skills assessment look like? My understanding from the LPBWA site is that it isn't going to say 'this is a positive skills assessment', so does that mean it's open to interpretation? I hope there's someone out there who's had their skills assessed and gone on to obtain a positive skills assessment who can shed some light Thanks for any help.

Thanks CaptainC, that's really helpful :smile:

Hi Joanne I'm new to the forum and am in the early stages of applying for a 189 visa. I'm having my skills assessed currently and I'm going to need points for superior English. I've looked at the options and just wondered if you could advise which provider you used and how much work you put in to attain superior English. I think I'm right that as a UK resident I could choose IELTS general or the Pearson Test of English (PTE) Academic. I wondered whether you or anyone else seeing this had any views about which is thought to be the easiest/more straightforward? I don't fancy taking it much but has to be done Thanks for any advice anyone may have about this.