George Lombard

Hi MZM, Same situation, as I read it you will need to wait another four years. With respect to your partner is there anything which chocolates or flowers could sort out? Seriously, many migration issues are successfully resolved by Relationships Australia, they're cheap and very reliable. Cheers, George Lombard

Hi Samson, FWIW I'm reluctant to give commercial advice in a forum for consumers - visit the RMA and then if anything goes wrong you can legitimately call on the RMA's professional responsibilities and ultimately their professional indemnity cover. Cheers, George Lombard

Hi Katy, Richard's advice is correct. The issue is whether you pass the Australian study requirement in reg. 1.15F . Look for your course on CRICOS at http://cricos.education.gov.au/ . If your course is listed at 92 weeks or more, you're in luck (but be careful not to claim the full 92 weeks if your course includes credits for previous study, in that kind of situation it's calculated pro rata). Cheers, George Lombard

Hi MZM, You're no longer eligible for the 186 visa based on the four years work experience as the holder of a 457 visa. These are the exemptions on age for a subclass 186 visa: Class 5 Persons who are employed in certain occupations, as follows: a) researchers, scientists and technical specialists at the ANZSCO skill levels one or two, who have applied for a visa under the Regulations to occupy a position as nominated by Australian scientific government agencies; or b) senior academics who have applied for a visa under the Regulations to occupy a position as nominated by an Australian university in Australia. A senior academic is a person to be employed at an Academic Level of B, C, D or E, as a: i. University Lecturer (ANZSCO 242111); or ii. Faculty Head (ANZSCO 134411). Class 6 Persons: a) who have been working for their nominating employer as the holder of a Subclass 457 – Temporary Work (Skilled) visa for at least four years immediately before applying for their Subclass 186 or Subclass 187 visa; and whose annual earning for each year in the four year period was at least equivalent to the Fair Work High Income Threshold; or b) Medical practitioners (ANZSCO MINOR GROUP 253): i. who have been working in their nominated occupation as the holder of a Subclass 457 – Temporary Work (Skilled) visa for at least four years immediately before applying for their Subclass 186 or Subclass 187 visa; ii. this employment was located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and iii. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7); or c) Medical practitioners (ANZSCO MINOR GROUP 253): i. who have been working in their nominated occupation as the holder of a Subclass 422 – Medical Practitioner visa before becoming a holder of a Subclass 457 – Temporary Work (Skilled) visa at least two years in the four years immediately before applying for their Subclass 186 or Subclass 187 visa; ii. this employment was located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and iii. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7). I think that if your 457 visa has ceased then you're not able to claim Class 6(a). You could argue it but a very expensive argument if wrong. Cheers,

The Department of Immigration has advised that visa program numbers for Parent Visas are close to being filled for the 2015/16 year and if applicants have not been contacted by a case officer by now, it’s unlikely their application will be assessed in this year's migration program. Allocation dates for final processing for contributory Parent Visas are currently for applications received: Offshore subclass 173 or 143 - 16 May 2014 Onshore subclass 884 or 864 - 7 August 2015 Temporary 173 holders applying for Permanent 143 - 6 November 2015 Temporary 884 holders applying for Permanent 864 - 6 November 2015 Cheers, George Lombard

Hi Bonnie, Depends on where you're lodging the application, it's all explained here: http://www.border.gov.au/Trav/Visa/Fees/how-to-pay-for-an-application . cheers, George Lombard

Hi Mr Rao, Your subclass 485 visa is the one with the error, you should provide the form 1023 to that processing area as well as attaching the form to your upcoming application. Cheers, George Lombard

Hi Imran, Impossible to say - it depends on the demand for your occupation within the system. Best to take any steps possible to increase your points if possible. Cheers, George Lombard

Hi All, It's not completely impossible to add a UK national as a dependent in a skilled application but it would depend on quite special circumstances, for example if the parent were saddled with a large personal debt. Cheers, George Lombard

Hello Mr Rao, You should upload a form 1023 giving the correct details (passport name) and explaining the error. The Department is so concerned about identity at the moment that it is prepared to impose a 10 year ban on cases where people have given false information about their name, date of birth, etc. I'm sure if you search on PIC 4020 you'll see how serious this might be. Cheers, George Lombard

The occupation Child Care Group Leader has never been on the CSOL - it's in ANZSCO and so is eligible for RSMS. I think you're referring to the RSMS direct entry list created last year. That hasn't been updated yet afaik. Cheers, George Lombard

Just to add to Sina's comment, given that the pass mark for your occupation was 70 in the last round, you may never be invited. See http://www.border.gov.au/Trav/Work/Skil/11-may-2016-round-results . If you've got any option for increasing your points I would suggest you follow that up now. Cheers, George Lombard

Hi Edward, Yes people holding 457s who lose their jobs are in a very vulnerable situation and I hope the RMA you met was able to give you some help. Cheers, George Lombard

These days a skills assessment is only valid for three years. Vetassess has changed its procedures considerably since 2009, you're in for some surprises if redoing it. You might be eligible for the resident return visa - get appropriate advice about that. Cheers, George Lombard

Hi Dan, WA is unlikely to have invited you to apply if it were going to insist on a a contract of employment. You perhaps could contact them to confirm. The issuing of an invitation to lodge your application with the Department of Immigration would freeze other states out of the process - being asked to apply to a particular state does not stop other states from inviting you, but in practice the states would tend to move to the next of your occupation on the list. Cheers, George Lombard

Guys you have to look at the SOL and CSOL lists together. If your occupation is on neither list, then you're in trouble. Either list = CSOL . The way they do it in the disallowable instrument is just a drafting convention. Cheers, George Lombard

These are the changes: Additions Orthotists and Prosthetists [251912] Audiologists [252711] Departures are: Mining Engineers (excluding petroleum) [233611] Petroleum Engineers [233612] Metallurgists [234912] Environmental Health Officers [251311] Occupational Health & Safety Advisers [251312] Dental Hygienists [411211] Dental Prosthetists [411212] Dental Technicians [411213] Dental Therapists [411214] Cheers, George Lombard

Hi Isabel, Not a lot you can do about outright thievery from the clients (trust) account and it's shocking that he's on Facebook and apparently living it up but that's a police matter. Any form of restitution would take a long time which is why the credit card companies are the best option in the short term. Latest I heard there are over 100 applications affected. Of course, if he were unregistered, I doubt if even the credit card companies could help. Cheers, George Lombard

Hi Isabel, The bottom line is that it's the only consumer protection available. A registered agent must have professional indemnity insurance, must continually keep their knowledge up to date through undertaking appropriate continuing professional development courses, if receiving client funds must have an appropriate trust account, and is subject to character and other standards by which individuals and the profession generally may be judged. Occasionally the veneer of courtesy may tend to crack in social media but ultimately the role of the MARA is part aspirational and part regulatory. The MARA does not exist to control unregistered agents, its role is to improve the performance of agents as far as possible, and fwiw it does seem to do that job as well as it can, given its resources and the environment in which it works. Mr Hoath - the agent whose activities generated this thread, has apparently fled overseas to avoid sanction. If the MARA were really toothless then it's surprising that he didn't remain in Australia. Cheers, George Lombard

Just to clarify my last post, I understand that the MARA is now handling enquiries systematically and referring them as appropriate, some cases but not all may be brought to the attention of the MIA. So anyone affected by this situation should contact the MARA. Cheers, George Lombard

Hi JP and others, The Migration Institute of Australia is happy to help you find alternative assistance if that's viable. Best to send an email to bronwyn.markey[at]mia.org.au and ask for a referral on a triage basis. To get any funds back, contact your credit card company, or make a claim against him in the small claims court leading to a judgment debt which his PII insurer may or may not honour. Cheers, George Lombard

Hi All, I understand that Mr Hoath's registration lapsed on Christmas Eve and we are aware of a number of people being affected. I have asked the Migration Institute of Australia to explore what may be done in this case to support victims, but just in passing the amounts which people in this forum have reported as having paid (here and elsewhere) seem wildly inconsistent with the market price of the services involved. Those who have paid by credit card may find that they're able to obtain refunds, otherwise there are no obvious solutions although fwiw he would have had to commit fraud to remove funds from his Clients' Account, hopefully it's not as bad as that. Cheers, George Lombard

Not much more that could be put on a public forum, sadly.

Like Raul I'm happy to raise this with a professional body, in my case the MIA seems most appropriate. I would however note that of the many dangers of dealing with an unregistered agent this seems like the most obvious one - you do have to ask why an agent would bother to be unregistered since the regulation of agents does perform the purpose of protecting people in this situation, and does not add significantly to the overheads of business. Further, as every registered agent is obliged to cover professional indemnity insurance you would have the additional protection of the insurer's obligation to make good. Cheers, George Lombard

And Alan I'm sure that people need to focus on the processing times for non-contributory parent, carers, and remaining relatives/aged dependent relatives. This means that although these are apparent savings - a way to get around the Contributory Parent Visa charges for example - in practice they're not going to be all that favourable. From the link you've provided: Non-Contributory Parent visa – approximately 30 years Carer visa – approximately 4.5 years Remaining Relative and Aged Dependent Relative – approximately 56 years. Cheers, George Lombard