MTR980

This is what my MA replied when i asked him to write DIAC (WA) to get update on case officer.

"There will be no difference if we write an email to them to the allocation of your application. I would advice you to wait for a couple of weeks until they get back to us which they are for most June 2012 lodgements."

Hello mate

I applied as hair salon manager , I have got Diploma in Salon Management, what they objected Can u please tell me as I know for manager we need 2 year diploma

HI NGP,

Did you applied in Perth? I have applied as Beauty Salon Manager with Diploma in Beauty Therapy.waiting for 10 Months, Perth DIAC Team ask for BAS and proof of Lawfull business,already submitted.After that no news of Co allocation....

​

Checked with my agent this morning,he told me that if student FINISHED his/her course and still left with some student visa, should apply for RSMS onshore.Student dependent visa holder do not need to complete any qualification in Australia, this is because Primary applicant has to fulfil the requirement. secondary applicant only need to proof language skills or pay extra DIAC FEE if cannot obtain 4.5 in IELTS (Pre-july 2012 applications.) MA also told me that DIAC perth now processing very fast and they are receiving lots of replies for JUNE applications so it should be soon.

Person on student dependent visa cannot become primary applicant ONSHORE, student and dependent both has to be offshore for application lodgement and once its done they can come back, but in that case Student dependent must fulful all the criteria as a primary applicant.

MTR Please post the clarification from your MA for others. I am still confused after reading all the posts. Last year one person told me about the same situation. I told him if in doubt go for 119 not 857, no harm except travel out of country. But to my surprise his MA said he is eligible for 857. I even spoken to MA and requested please do 119 not 857. MA advised me he knows but he is doing and I am still worried for that person. He have same situation like CC2. ​BEST OF LUCK

Checked with my agent this morning,he told me that if student FINISHED his/her course and still left with some student visa, should apply for RSMS onshore.Student dependent visa holder do not need to complete any qualification in Australia, this is because Primary applicant has to fulfil the requirement.

secondary applicant only need to proof language skills or pay extra DIAC FEE if cannot obtain 4.5 in IELTS (Pre-july 2012 applications.)

MA also told me that DIAC perth now processing very fast and they are receiving lots of replies for JUNE applications so it should be soon.

But does it actually say you have to finish an equivalent course to your partner's in Australia? Or from any country? You make work on this bit...

Never heard this nor my agent mentioned anything like that, will talk to my agent tomorrow morning.

I'm not sure about that. All I know was that if you are trying to apply for 857 on a student visa, you will have to finish the course for which your student visa was granted for, evidenced by competion letter from the education institution you enrolled at. Therefore, I'm guessing will you be eligible for RSMS onshore visa after your spouse finishes the course?

Hi Eaglet,

Yes we applied after she finished her course and provided letter from institute as well.

You should be fine then mate, different situation. Best of luck to you.

I hope all goes good,because i dont have 457 or such visa to cover. rejection mean out of AUSTRALIA.

Yes, I was the primary applicant, as I was the one with the permanent full-time position and an employer who wanted to sponsor me. My student dependent visa gave me full work rights while my partner completed his course, and I had worked the position for a year already at the time of applying. It's crazy to think I was ineligible to apply for an onshore visa, when I had full rights to live and work in the country. It seems like they've declined me on a ridiculous technicality, which frankly I think is unfair. I remember my partner and I read everything we could find about the RSMS visas multiple times before beginning the application. If I had even the slightest idea that I was ineligible to apply onshore, I would have selected the offshore option.

 

And another thing, in the acknowledgement letter they send out after lodgement, they state "This email confirms that your application has been assessed as a valid application". I wonder what the criteria are for assessing this, as now I find out 14 months later that my application was never valid?? Mind boggling...

 

Anyway, hopefully going to speak to a lawyer on Friday to get a legal opinion on the whole thing and some advice on where to go from here. If I discover anything useful or enlightening, I'll be sure to share.

Whole process is so confusing, in your case offshore application was the way to go.I hope your lawyer can find a way and you get visa through MRT which is again 1 year killing wait.

I am still so worried and will talk to my agent.

​BEST OF LUCK

MTR980, are you saying in your case it is your partner who is the primary applicant for the 857 visa?

YES , My Partner was in Australia for last 4 years and I came to Australia one year ago. she studied Advance diploma course and finished in May 2012 and we lodged the application in june 2012.

What about you. who was the primary applicant, you or your partner. if your partner was the primary application,did he/she finished the course before you lodged the application?

New subclause 857.212(6) provides that the applicant satisfies the requirements of this subclause if.

 

* he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at associate diploma level or above completed by the applicant while he or she was the holder of that visa and, subject to new subclause 857.212(8) inserted by these Regulations, is not an assisted student; or

 

 

* he or she is :

 

 

- the holder of a Group 2.2 (student) entry permit granted under the Migration (1993) Regulations in relation to a formal course or category A course, which was completed by the applicant while he or she was the holder of that permit; and

 

 

- is not a category B student for the purposes of the Migration (1993) Regulations or, subject to new subclause 857.212(8), is not an "assisted student".

 

 

​This is the info on that refusal point. It seems pretty clear that they expect the main applicant to have been the person studying. Madness.

Just for my understanding i will simplify the above this way.

1. Student to qualify for 857RSMS must have completed the course on particular student visa before he/she lodged the application.

2. Student WILL NOT qualify for 857RSMS if he/she is on student visa which was granted in regards to previous completed course. eg student coming to attend uni ceremony or things like that.

3. Student WILL NOT qualify for 857RSMS if he/she is on "assisted student" visa.

​

Yes that's right mtr980. But there must be many occasions where the partner of a student visa is also eligible for another type of visa. There is nothing to indicate that this is not possible (unless you read the actual act, which is not easy reading). It was actually suggested to me by an agent to come on a student visa with my partner studying, and then for me to find an employer in my field and apply for an rsms while he was still studying. Thinking back though, I'm a bit hazy on if they said it would have to be an offshore visa or not. I don't think they did, but that was over five years ago now, so it is possible.

I wonder how it would work for a visa applied for now, as there is no longer an off shore option?

Exactly, my agent also told my partner either provide letter from school stating that she finished her course already or apply offshore. Only CC23 can confirm whether his partner finished the course at the time of application or they applied while his parter was studying.

few weeks ago i received email from agent (DIAC ADMIN TEAM) asking for BAS, AND ABN DETAILS, which we submitted and heard nothing after that. called DIAC twice and they told me no case officer yet. just wait and you will be notified if we require any further details.

Just praying all get their visas, because i can feel life is hanging no where for last 10 months.

"...did not complete the award course at diploma level or above for while holding her student visa for which the primary applicant was granted, and therefore does not meet 857.212(6) "

if the above mentioned is from decision letter,then it clearly shows that primary applicant didn't finished his/her course before she/he lodged the application.what i remember is before we lodged the application my agent told my partner to submit letter from her school stating that she finished her course already.

I am also posting photo of my student dependent visa condition and subclass. it was SUBCLASS S346 , SUBLCASS 572. BUT key point my partner did finished

her course before we applied for 857 and provided letter from institute.

.

Hi MTR980, thanks for your input. Looking at my visa label, the conditions listed on my student dependent visa are as follows:

8104 Work limitation (It was a higher education visa 573, so in this case I could work unlimited hours)

8501 Health cover

8516 Must maintain eligibility

8518 Education arrangements (only applies if you are under 18, so not applicable)

 

That's it. I think those are all the standard ones anyway. There wasn't a 'no further stay' condition on the visa.

 

I really hope that you do not end up in the same situation. An excerpt from the decision letter is below - I've read it over and over and it sounds like I would have had to completed the same course as my partner to be eligible, which defies all logic if you ask me. If you find out anything from your agent in relation to your application, it would be great if you could post it here.

 

Policy states that members of the Class TU visa holder’s family unit can seek to satisfy the

Subclass 857 visa primary criteria if they meet all of the requirements outlined above. That is

the member of the family unit who is seeking to satisfy the Subclass 857 visa primary criteria

must have completed at least a diploma award course relevant to their current student visa. In

other words, the member of the family unit seeking to satisfy primary criteria must have

completed the same course for which the primary applicant was granted their visa.

Hi CC23 AND BLOSSOM79,

DIAC talking about fulfilling the primary criteria in above paragraph which means the primary applicant not the secondary. Now what i understood from all this is that may b CC23 "was the primary applicant" and his partner was "secondary applicant". please confirm who's name was first on ack. letter. if yours that mean you have applied as primary applicant which should be your partner.

also check on ack letter what is client name? yours or your partner?

I'm so sorry to hear that. :-(

There have been a couple of people refused while on student visas. I was also of the impression that you could apply while on a student visa. Don't feel too bad, the other couple of people who were refused used an agent (the same one) and they didn't realise either.

I totally recommend George Lombard or go Matilda to work out what your best plan of action is now. Are you still on a current visa, or are you on a bridging visa?

Hi Blossom79,

i think you misunderstood his post. he was on student dependent visa, not on student visa. student visa is qualifying visa for RSMS, the time me & my partner lodged application,she was on student visa and i was on student dependent visa. exactly same situation like CC23.

I am not certain,but my guess is that CC23 was having condition of NO FURTHER STAY on his student dependent visa which he didn't realize.I hope its that way otherwise i will b in same condition.

CC23, it will be great if you can just post "student dependent visa conditions" here like 8504 , 8503 and so on.

​GOOD LUCK

Application declined. As I was a dependent on my partner's student visa at the time of application, apparently I was ineligible to apply for 857. I thought student visa counted as a qualifying visa, but apparently not the case if you are the dependent.

 

Probably could have applied for 119 and been fine. That's an expensive and disappointing mistake...

CC23, i am also secondary applicant and applied for 857 while I was a dependent on my partner's student visa at the time of application.we have applied through agent and my agent didnt mentioned anything like this. its a big investment in terms of time (1 year + stress+ money).

I have to check with my agent,but just not sure about the visa conditions on your student dependent visa,if your student dependent visa has condition of no further stay,then you should not have applied onshore but if there is no condition of "no further stay" then i am already in shock.

Best of Luck

Thanks dear Blossom79. Do you have contact details of Matilda or George Lombard, so that I can contact them. I am still hopeful for making the BVA effective...,

thanks again

​dev

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I wouldn't think it would take a full year, the most seems to be about 9 months.

Bloosom,

Me and my wife applied for RSMS,she is primary application and I have issue with police clearance due to bank issue,(If you remember we xchange comments on that).So i was thinking what if i withdraw the application and let my wife process her application and i go out of country and clear the debits and apply again.

Thanks

Hi,

blossom I called to immi & they sent my ack letter on 3rd July & i was shocked then i called to my MA & he said he didn't receive anything.I don't know whts goin on. I am so depress now. I said to immi tht send me copy if ack letter but they said we can't send u & also immi send another copy yesterday but still didn't get to MA.my case is too complicated. Any advice blossom much much appreciated.thx

If immi ack that they recv the application and send letter then its not complicated at all,may be your agent email id or some communication details are wrong.Thats all

 

Hi my all friends,

I want your help.My agent said he got my RCB and he is not sending me it since last 4 days.He said he already sent me in my E-mail but he didnt because he is lie with me.I think He is is lier and making me fool.How can check my RCB if he will give me photocopy of RCB.

My RCB area is Swan hill,Victoria..I want to check is it Genuine or not?so how can I check it?i think only one way is calling but i am confuse how to talk and what to talk to RCB when I call them?

Please let me know Solution.

Thank You all

Call with the Receipt/Reference number which can be found on your RCB application fee invoice,call them and just tell, "GooD morning or whatever, i am calling to check the status of RCB application which i have submitted ??? ago if the lady or man is kind enough will ask you the reference number which you should have.Rest you will know from other side."

one more thing,if your agent is registered agent which you canT check through MARA website,then you dont need to worry he can cheat and if he ever did he will be on dark side.

but try calling RCB office,they are human,so dont be scared,GIVE A TRY.

Best of luck

Just called Perth immigration office about my case and they said its in progress but no case officer assigned and i might have to wait 6-8 months because i have submitted in june.

RCB submitted on 4th June 2012

RCB Approved on 22th June 2012

Nomination and visa application lodged on 25th June 2012 in Perth.

Waiting.........

Hi MTR.

I have similar problem like you. I have applied for 119 visa by myself. My hubby used to live in Lebanon. He overstayed there for two year and then renewed his visa and also paid for the past stay. But in my application I have not mention about overstay. I just mention that he lived there for a while. It happend because I applied in June and in hurry to apply visa I forget to mention.... I dnt know why it happend....but was really bad. But now I am going to improve my mistake. I have choose the best migration agent who is going to handle my case. I am also really worried. I am going to fill a form about overstay. And let's see what happen in the next time.. I hope it will be all right. So you don't worry. Only you make sure to mention your of fence in the application. Otherwise it will be a big problem in future.

I did mentioned my stay which was over 2 years and definitely require PCC from there,but i am not going to get unless i pay all the debits,i am in contact with bank and i think it will take a while to sort out,all i am worried if they didn't accept the reason as i feel its not a crime and can happen to any1 who lose job and not able to pay debits,so all i can do is PRAY.

best of luck

I did mentioned my stay which was over 2 years and definitely require PCC from there,but i am not going to get unless i pay all the debits,i am in contact with bank and i think it will take a while to sort out,all i am worried if they didn't accept the reason as i feel its not a crime and can happen to any1 who lose job and not able to pay debits,so all i can do is PRAY.

best of luck

Ohhhh ok, so it is like a 'until you have paid your debts you can't have it' type situation?

i think the answer there would be to pay your debts.

http://www.immi.gov.au/allforms/character-requirements/character-statutory-declaration.pdf

Yeah but that will take time,what about the statutory declaration,i guess it is alternative to PCC,if you cant get PCC then you submit statutory declaration?

No Fruad, Took loan and couldn't pay back as i loose job,still in contact with bank collection agency and getting some additional time to return loan,but till then police cannot provide PCC.

Thanks guys for ur help and suggestions.

 

For some reason my MA told us that its very hard for them to find out if u do not claim that in ur Form 80.He said they dont check your records or share info with other countries ,so its pretty much impossible unless someone makes a complaint against your hubby in regards to that to the immi.

 

But I like the idea of being honest with the department and will do that for sure.and thanks for the link pj73..hopefully I will find some more info on how dept look at these cases..

Almost same case,but i have credit issue with bank and that bank report me to police and i cannot PCC,but i never been convicted or charged for that and leave the country legally,so just want to know any update on that,but i have mentioned my stay of 2 years in that country on my application i hope they all goes good.