Welshtone
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Current processing 457 VISA under New Policy
Welshtone replied to acc020202's topic in Repealed and Closed Visas
Hi You need to check the caveat as it will apply to your 457 Nomination and visa - I think it will say that the position has to require someone wit hat least 2 years relevant experience - does your nomination state this ? if it does, the nomination could be approved. then they will want you to have the 2 years experience when they look at your visa application. So depending on how much experience you have, you may be able to sort this now or withdraw visa and relodge later or withdraw both and re-lodge new Nomination requiring experience and then lodge 457 via when you have that experience Regards Tony -
Current processing 457 VISA under New Policy
Welshtone replied to acc020202's topic in Repealed and Closed Visas
Unfortunately, your Nomination and visa must be refused if not withdrawn - I expect the occupations to be withdrawn from the MLTSSL effective 01 July 2017 so if you have skills Assessment and 3 years experience before then, you could look at Direct Entry 186 ENS visa but you must apply before 01 July 2017 and hope that there will be saving provisions for those who have already applied before 01 July 2017 - even though no such provisions wre there for yoru 457 application - saving provisions are more likely with changes to permanent visas - this is your only hop[e as I see it Regards Tony -
186 ENS Direct Entry is one option before March 2018. the big question is whether any saving provisions 186 Transitional Stream will include those who need more time to meet the 2 year old requirement. I think Daryl is ahead of most in that he completes his 2 years before the changes in March 2018 - so at this stage, I think yo uwill be OK but it may take a while to confirm this 100% Regards Tony
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complicated situations of my 457 application
Welshtone replied to Michael_87's topic in Repealed and Closed Visas
The new rule requires that you also have 2 years of experience now - I presume that is OK otherwise you would hardly get such an offer of employment. you will have an opportunity to get Employer sponsored for the 186 ENS Direct Entry up to at least March 2018 if you are under 50 (under 45 from 01 July 2017), have a skills assessment as a University Lecturer from VETASSESS, have at least 3 years experience and the University are willing to nominate you to a minimum 2 year position. From March 2018, the 186 ENS Direct Entry will work from the MLTSSL list only and the opportunity for PR then may be gone Regards Tony -
The general requirement for 2 years experience will be for all occupations from March 2018. Unfortunately, your occupation now has a caveat immediately requiring that the POSITION requires a person with at least 2 years experience - of course, it would then follow for your visa assessment that you have at least 24 months experience. So withdraw both applications and immediately re-lodge the Nomination which clearly states that it requires a qualified Graphic Designer with a minimum of 2 years experience. If that gets approved in the next 6 to 8 weeks or whatever, when you have the 2 years experience, re-lodge your 457 visa application. It will now be a 2 year 457 visa with a maximum on-shore extension of one further 2 year period and no avenue to Permanent residence unless the occupation swaps to the MLTSSL List or you obtain State Sponsorship for the 190 Skilled Visa - so you would have to look at it as a maximum 4 year overseas placement unless things turn in your favour during the 4 year period of stay.
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Biggg Confusion about 28 days. Please Please help !
Welshtone replied to mystikallz's topic in Visa Chat
The on-line system should allow you to put future date, but it may not have been amended yet to allow for future IELTS - The level and detail of advice I am giving you here is a very dangerous way to prepare your application, because any mistakes could result in ineligibility for a visa - you should really meet an on-shore agent to make sure you have not messed up on anything else. Regards Tony -
Hi Woody I don't think you will get any joy from WA as they have not signed up with APHRA so this change in APHRA requirements that MAY mean no IELTS in certain cases, does not apply to those who gain WA registration and then apply for modified assessment with ANMC. Regards Tony
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Biggg Confusion about 28 days. Please Please help !
Welshtone replied to mystikallz's topic in Visa Chat
This is confusion brought about by Berenguel court case which ruled that an IELTS score received up to time of decision, can prove the required English level required at time of application. All DIAC are warning about is that they reserve the right to make a decision (refusal) if an IELTS has not been received within 28 days of making the application. This 28 days is not a legal requirement e.g. if DIAC do not make a decision within 28 days and a sufficient IELTS is receved 6,000 days after the making of that application, and DIAC have still not made a decision, they would have to consider that IELTS result. If DIAC were efficient (highly unlikely) and refused applications that did not submit sufficient IELTS within 28 days of applying, the applicants could still apply to MRT and have all the time up to MRT decision to submit sufficient IELTS. So your only concern is to lodge the 485 application prior to your current visa expiring. Regards Tony -
The new List will be announced next month (hopefully) as there is a Federal election in Oz tomorrow. The new list has new codes which is why it has complicated things for you as your ACS assessment is under the old code. Regards
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I see the only way you could get a meaningful State Sponsorship from WA is if they have "261399 Software and Applications Programmers NEC" on their State Plan when it comes out as this is the only ANZSCO code that they will corrolate your old ASCO code with. So if WA are interested in sponsoring your skills, they would need to be prepared to approve you as a 261399, eventhough it may have no relationship to what yo uactually do. Getting a new ACS assessment in a different occupation/code will require a new application. So wait and see what WA have on their list and then work out an alternative strategy, if you have one. Regards
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Hi Alex The bridging visa, with a "no work" condition, is granted to you as soon as you apply for the 457 - but it only comes into effect when the tourist visa expires. You can apply for permission to work on the BVA if the sponsorship and nomination has been approved and you look like you meet the 457 visa criteria. Regards
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Hi 1 - Yes, more often that not the Sponsorship and Nomination are lodged together 2 - Best to wait for the approval number firstbut yo ucan lodge ahead of approval 3 - Depending on whetehr your job is of special significance, medicals and chest x-ray may not be required - any children of school age would require health clearances. If you do need health clearances, then yours are still valid - so either way that base is covered. 4 - depends on which office is processing the applications Regards Tony
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Hi Colsha There is a bit of conflict with the information - As I said before, the change was to remedy the plight of an Australian trained Resident/Citizen who was caught up in the IELTS requirement - so the change was not meant to exempt any Migration applicants - so even if there is an offshore loophole, I would expect it to be closed soon. The only winners may be the on-shore students who have English taught Secondary Education, as they have also completed an Australian Nursing course. Regards Tony
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So from AHPRA it looks like no IELTS required for Overseas trained nurses who completed secondary education and nursing education in English - but from the NMBA FAQ, it states requirement as secondary education in English and NMBA accredited nursing qualification to exempt from IELTS, it would seem. Also, it looks like if you were previously registered as a nurse in Australia, prior to the IELTS requirements coming in in July 2009, no IELTS is required as it is technically a re-registration. Regards Tony
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Other Family visas: Cutbacks and Delays
Welshtone replied to George Lombard's topic in Family / Partner Visas
OOPS - my bad - when I was in Australia Tony Abbott and Peter Costello were the Liberal double act of the time - so whenever one of their names come up it's impossible, for me, to distinguish between the two - yes, Tony Abbott I meant - AKA the Mad Monk. Monk coming from his surname - abbot(t) and the fact that he did train as a priest, I think - I wont comment on the Mad bit. Regards Tony -
Hi Woody Yes, that is a clear statement of intent and it may just be that the on-shore overseas-student graduate nurses can now get around the IELTS. Best to keep an eye on the individual State registration board requirements. The registration first and then modified ANMC assessment is a much cheaper process but can take longer as the registration process can be drawn out - especially if no IELTS has been done and they insist that one is still required. Regards Tony
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Other Family visas: Cutbacks and Delays
Welshtone replied to George Lombard's topic in Family / Partner Visas
Hi Frizzy London would be the quickest post for such visas but they will not speculate on the likely processing times for the remaining relative visa until after the election. If Costello gets in, the quota for family visas may increase. There is the question of the extra 1000 family visas compared to what was announced in the budget. Applying on-shore keeps you with your family but is likely to draw out the process which is never a good thing especially if you meet someone in the mean-time as you must be single throughout the process. Applying through London and going out on a working holiday is often the best compromise. Your parents must also be "settled" to sponsor you which can mean up to two years in Australia before they sponsor you - claims that they are "settled" well before the 2 years mark are entertained by DIAC, but it depends on the individual case. Regards Tony -
It is age at time of application that counts - so the smaller charge that was applicable at time of application - currently A$1,640 but will be a bit less if you applied before 01 July 2010, and a bit less again if you applied before 01 July 2009. Regards Tony
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When ANMC brought in the requirement for Academic IELTS 7, they only required it for applicants who are not registered with an Australian State or Territory. So a possible loophole was to apply for registration first and then apply for a Modified Nursing assessment. However, all States and Territories also changed their requirements for Academic IELTS 7. The reason for this recent knee-jerk change for the Nursing registration boards (except WA) to not now require an IELTS test, is not Migration related but it is in response to a well publicised Australian Citizen qualified nurse, who cannot get registered without an IELTS test because he completed his secondary education in the UK and not in Australia: Australian denied nurses registration until he passes English test | Courier Mail But this change, announced today, has now possibly opened up a loop-hole for getting around the Academic IELTS 7 - Unfortunately WA Nursing Board still require Academic IELTS 7 at the moment. This "loophole" could be closed by ANMC by changing theur requirements so that even Australian registered nurses require Academic IELTS 7 for the Migration skills assessment but, for the moment, it looks like there may be a way around it. Regards Tony
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Other Family visas: Cutbacks and Delays
Welshtone replied to George Lombard's topic in Family / Partner Visas
Hi Gary The family visa stream is made up of Preferential Family (partner/child/adoption), parents and Other Family (remaining relative, carer, aged dependent relative). This is totally separate to family sponsored visas which come under the skilled visa stream. Regards Tony -
You have to name all children that you and your partner have, whether migrating or not. If you do not name all your children, then you are misleading the Deparatment - not a good thing to do as it can, in the worst-case scenario, lead to cancellation of your visas after you have settled in Australia. Why would you not name her, as I said, if her mother refuses to co-operate with the medical, it can be waived. Regards Tony
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Other Family visas: Cutbacks and Delays
Welshtone replied to George Lombard's topic in Family / Partner Visas
Hi Gill The child, adoption and partner/prospective spouse visas will now take 5 to 6 in stead of 3 to 4. I think the Aged Dependent and Remaining Relative may go out further than that depending on how many preferential family applications there are during the program year. The budget stated that the family program was to be cut by 9.5% to 54,550 - so it looks like an extra 1000 contingency places could be available. Regards Tony -
The 10 year old non-migrating child is not included in your application, but is mentioned as a non-migrating dependent. Will be required to do medical only. Chest X-rays are required for children aged 11 and over except if non-migrating and from low or medium risk TB Country - so even if child turns 11, no chest X-Ray is required. It is possible to get a waiver of the medical requirement if the mother refuses to allow her to attend the examination. You would need to evidence to DIAC that you had tried all you could and even get a letter from the mother explaining why she refuses, if possible. Regards Tony