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ricco56

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  1. Special Ed is an important area and appears to have growing demand in Australia in both the public (State Funded) and Independent (Privately Funded) education sectors. In my opinion there are no grounds for appeal as AITSL requires at least a four year degree (or equivalent), including the one year of full time study in the special education area. I would recommend that you consider a Masters program (at least one year full time equivalent) in the Special Ed area. Note that AITSL also require at least 45 days of supervised teaching practice as part of the formal teaching qualification so I presume they will consider the supervised practice which may have formed part of your BEd and Advanced Diploma in Special Ed. If you don't already have the 45 days supervised practice you may need to target a Masters program which provides the opportunity for this.
  2. Hi Marina 1. For the TRT stream the applicant needs to have been working for two years while holding the 457 visa and working for the nominating employer in the nominated position/occupation. Therefore TRT nomination and 186 visa applications could proceed from July 2017 at the earliest. 2. As you identified, the DE stream requires 3 years of relevant work experience at the required skill level. The DE stream also requires a formal skills assessment by TRA (Trades Recognition Aust). TRA will provide a 'skills met' date based on their consideration of the evidence and hence only relevant work experience obtained since the 'skills met' date counts for the purposes of the 186 application. Therefore if TRA support Feb 2014 as the 'skills met' date, and your partner has been working full time since in relevant roles, then you could proceed with DE nomination/visa applications from Feb 2017 at the earliest, otherwise if they specify a later date then the application would need to be delayed accordingly. All the best with the process.
  3. There are visas available for parents of Aust Citizens or Permanent residents but applicants for these are subject to 'the balance of family test' which requires that you have at least half of all of your children living in Australia, and more of your children living in Australia than in any other country. You do not currently meet the balance of family test based on the information you have provided. Retirees of eiigible age, with no dependents, with significant financial assets to invest in Australia, and significant independent income, can with State/territory sponsorship apply for an Investor Retirement Visa. See https://www.border.gov.au/Trav/Visa-1/405- Otherwise you can apply for a Visitor Visa (subclass 600). Applicants have some flexibility in negotiating the travel period and length of stay.
  4. I've just read the other earlier thread which confirms your wife's Citizenship does not not meet the two year Australian residency requirement to pass on her status to your daughter. Therefore in my opinion I would recommend lodging an offshore application (AH/101 Child) at your earliest convenience. It would most likely be resolved/granted by your intended time of travel but if not, you can apply for a 12 month Visitor (subclass 600) visa for your daughter's entry to Australia. As advised by others you can travel offshore and return (eg Bali or NZ holiday) when DIBP advise that the 101 visa is ready for grant. In order to be granted a subclass 600 visa you need to consider the 'genuine visitor' issue. DIBP are reluctant to issue a 600 if the applicant is seeking to use it to obtain residence by lodging an onshore application for another visa, whereas if you have already lodged an offshore visa application (eg 101) DIBP are more comfortable issuing a subclass 600 visa as they know you must go offshore at some stage in order to satisfy the grant conditions for the 101 visa. In other words your daughter is a genuine visitor if she comes to Australia for a visit, then leaves as all good visitors do. The fact that she returns from her holiday as a Permanent Resident with a 101 visa keeps everyone happy. In summary the 101 path (followed by 600 only if necessary) is likely the most time and cost efficient path to take, and provides maximum travel flexibility for your family.
  5. Congratulations on the arrival of your daughter and your foresight in planning to bring your family to Australia. Is the visa application for your daughter born Dec 2015, or for another daughter from a previous relationship? You mentioned that your wife has citizenship through descent. Is that Australian Citizenship?
  6. You created the discussion under the heading 'Partner Visa'. This may have caused some confusion as the term 'Partner Visa' is normally reserved for those family based visas which allow an applicant to apply for a permanent visa (820/801, 309/100) as the de facto partner or spouse of an Australian Citizen or Permanent Resident sponsor. Presuming your partner has submitted an EOI and may be invited to apply for a visa under the Skilled Migration program: Your partner is the main applicant (Primary Applicant) while you and your children are Secondary Applicants. You are eligible to be included in the application as secondary applicants as you are members of the primary applicant's family unit. Not being married will NOT cause problems if you are in an ongoing de facto relationship with your partner.
  7. ricco56

    Visa Help

    The options open to any potential visa applicant depends on a number of factors. The applicant’s priorities: Short and longer term priorities and aspirations. eg permanent migration versus temporary status, aspirations for self and family in terms of living situation, education and career/employment. The applicant’s situation: Age/health/family structure/life history/visa history/current skills/occupation/qualifications/experience/family connections and/or business interests. The migration system: Visa types/eligibility/skilled migration/family migration/quotas/capping and queuing/processing delays etc Despite the fact that I have a potential vested interest I truly believe a one to one discussion with a registered migration agent (many provide a free initial consultation) is the most effective way to fully explore the best (most practical and cost effective) options open to you.
  8. He cannot proceed with an onshore 187 nomination/application until the 886 is granted. Once the 886 is granted he is free to continue to work for his current employer, or any other employer wherever he likes, and hence doesn't need the 187. If the 886 is refused he will need to go offshore and arrange for the 187 nomination/application from there as long as he meets eligibility requirements.
  9. In order to lodge a valid onshore application for a 187 RSMS visa the applicant must hold a substantive visa or a bridging visa A,B or C. The 866 Protection Visa is a permanent visa which provides all of the advantages of permanent residence including travel rights as long as the holder does not enter the country from which they originally sought protection (Condition 8559). If the 866 is granted you would have to consider why you would then go to the additional expense and complication of heading down the 187 track.
  10. Congratulations on your new status as an Australian Citizen and Passport holder. I suggest you lodge a change of circumstance form even though your changed status does not change your eligibility as a sponsor. Lodging the form gives you an opportunity to remind DIBP that you still exist, and to confirm your contact details. Your CO will let you know if/when you need an updated PCC.
  11. To lodge the 190 application (after being invited to do so) you need to pay the first instalment of the visa application charge (VAC). For a 190 the first instalment is $3600 for the primary applicant and $1800 for a secondary applicant over 18. A second instalment ($4885) will be payable before the 190 visa is granted for each applicant (over 18) that doesn't have at least functional English.
  12. No. No. It helps if you show that you are financially interdependent.
  13. Being a 'member of the family unit (MFU)' of the main (primary) applicant is a 'time of decision' criteria for the grant of 186 or 187. Regulation 1.12 describes all of the circumstances which allow a person to qualify as an MFU. Regulation 1.12 recognises that if an application for 186/187 has been lodged for a nominated position by an applicant who already holds a 457 visa, then the applicant's status at the time of application determines determines their current status. Therefore a secondary applicant for 186/187 (TRT stream) who already holds a 457, and has been included in a valid application for a 186 or 187, and was included on the nomination application, then their status at the date of application is important to their eligibility. Clearly the breaking up of any relationship is of concern, and if the couple mutually agree on the fact that the de facto relationship has finished (and they have reached agreement on a settlement and have established an 'end' date for the relationship) then this is a change of circumstances and should be reported to DIPB. This reporting satisfies the obligation to DIPB (under Section 104 of the Migration Act) but may or may not affect the outcome of the visa application depending on all of the circumstances of the applicants. These are important issues and I would recommend that the applicant(s) seek independent professional advice.
  14. As mentioned by others it is important that you seek professional advice on this matter. The Legislation (subregulations 1.12(11) and 1.12(12)) has important provisions (for 186/187 visas) which define concisely when it is important for you to have a particular relationship status. Therefore you need to discuss with an agent as to precisely when the visa application was lodged and when you believe your de facto relationship ceased.
  15. Have you considered that completing a two year Masters program (92 weeks minimum) may make you eligible for a subsequent Temporary Graduate visa (subclass 485) which will allow you to work in Australia temporarily to consolidate your experience (and professional recognition) and hence help make you more competitive in the General Skills Migration program. In other words a two year Masters may be a better investment than a one year Masters.
  16. Hi Dan 1. Indeed there my be a third related occupation (Electrical engineering draftsperson 312311) depending on the nature of your experience. It would be worth researching the Engineer and Associate roles as described under the ANZSCO classifications. UNIT GROUP 2333 ELECTRICAL ENGINEERS See http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/3F99E8C17A22EC4FCA257B9500130FFB?opendocument UNIT GROUP 3123 ELECTRICAL ENGINEERING DRAFTSPERSONS AND TECHNICIANS See http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/67CFD7358DFD24DACA257B95001310E6?opendocument 2. If you wish to seek skills recognition as an Electrical Engineer or ELECTRICAL ENGINEERING DRAFTSPERSON then Engineers Australia is the assessment authority. If you are seeking skills assessment as an Electrical Engineering Technician then TRA (Trades Recognition Australia) is the assessment authority. This is a reflection of the fact that Electrical Engineering Technicians generally need to hold an appropriate Electrical License and hence have come through an apprenticeship path with post-trade training and experience. In all cases getting a positive skills assessment is the first step towards submitting an EOI through SkillSelect. 3. An Associate may pick up roles such as Technical Officer, Technician, Draftsperson (not exhaustive). 4. SkillSelect is only one source for employers. It is not essential for either potential employees or employers to use SkillSelect to identify candidates for sponsored/nominated positions. You may wish to identify potential employers through other means and contact them directly as to their interest in sponsoring you as an employee. 5. 75 is a competitive score for your occupations of interest in the current round. Many applicants with a score of 60 were successful in receiving an invitation. This means that all applicants (in the relevant occupations) with scores above 60 received an invitation. Hope this helps you in your decision making. [TABLE] [TR] [TD][/TD] [/TR] [TR] [TD][/TD] [TD][/TD] [/TR] [TR] [TD][/TD] [TD][/TD] [TD][/TD] [/TR] [/TABLE]
  17. Yes it is not uncommon to have different options put to you. At this early stage you need to consider what your priorities are in terms of permanent migration versus temporary residence, where you would like to live and work (city/regional/remote/location), and most importantly which occupation (or occupations) you are ready to work in. A Psychology degree is relevant to at least 11 occupations (all with differing requirements in terms of licensing/registration) on the Skilled Occupational List and the Consolidated Sponsored Occupation List and hence your biggest challenge is to choose which occupation which of those is directly relevant to your experience and requirements. Once you identify your key occupation then it is possible to work out the choice of visa options which is best for you.
  18. When you lodge valid partner visa application you are automatically granted a BVA. The BVA is held but does not come into effect until needed. Therefore you are eligible to apply for a BVB even before the BVA comes into effect (and hence the advice you received from Immigration) and the BVB will come into effect when your current student visa expires thus allowing you to travel and return.
  19. One possibility is that although it is accepted that the MSc Computing has an ICT Major, ACS have made a judgement that the Software Engineering role was not relevant to the System Administrator occupation and therefore your relevant work experience for skills assessment purposes did not commence until October 2006 when you commenced the System Administrator job. In addition they must have made a judgment that your ICT Major was not related closely to your nominated occupation, and hence under their assessment guidelines you require four years of relevant work experience, in combination with your MSc to be considered skilled. ( see https://www.acs.org.au/__data/assets/pdf_file/0020/7319/Skills-Assessment-Guidelines-for-Applicants.pdf). Therefore your four years of qualifying work experience was completed in Oct 2010, thus making Oct 2010 your 'skills met' date. It then follows only work experience obtained since Oct 2010 falls in to the category of professional experience which earns points under the General Points Test. If on the other hand had they made a judgement that your ICT Major was closely related to the nominated role then you only need to complete two years of qualifying work experience and you would have received a deemed 'skills met' date of Oct 2008. I suggest you follow up with them at assessment@acs.org.au and quote your reference number. They should be able to clarify the issue and may recommend a formal review.
  20. Hi Ursula 1. Upgrading qualifications is a possibility but you need to be aware that when you submit a new application for skills assessment with an upgraded qualification this will effect the date at which you are deemed to be qualified to enter the occupation, and hence the only work experience which will count towards your points score is the experience that you complete AFTER obtaining the new qualification. 2. This is a possibility if you can locate an employer who is looking for temporary workers. 3. Finding a new occupation on the SOL/CSOL that better fits is the most effective strategy. Note in Australia most technician jobs (particularly Electrical) are filled by workers with an Electrical Trades qualification (AQF Certificate III) who have completed additional training at AQF Certificate IV and/or AQF Diploma level. You may need to consider whether any of the following from the SOL are a better match (all assessed by TRA). [TABLE] [TR] [TD]Electronic Equipment Trades Worker[/TD] [TD]342313[/TD] [TD][/TD] [/TR] [TR] [TD]Electronic Instrument Trades Worker (General)[/TD] [TD]342314[/TD] [TD][/TD] [/TR] [TR] [TD]Electronic Instrument Trades Worker (Special Class)[/TD] [TD]342315[/TD] [TD][/TD] [/TR] [TR] [TD]Electrician (General)[/TD] [TD]341111[/TD] [TD][/TD] [/TR] [TR] [TD]Electrician (Special Class)[/TD] [TD]341112[/TD] [TD][/TD] [/TR] [/TABLE] The six digit ANZSCO codes can be searched at http://www.abs.gov.au/ausstats/abs@.nsf/Previousproducts/1220.0Search0First%20Edition,%20Revision%201
  21. Schedule 6 – General points test for General Skilled Migration visas. Extract from Section 6D.7 Educational qualifications [TABLE] [TR] [TD]6D73[/TD] [TD]: met the requirements for the award of a diploma by an Australian educational institution [/TD] [TD]10[/TD] [/TR] [TR] [TD][/TD] [/TR] [TR] [TD]6D75:[/TD] [TD]attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation [/TD] [TD]10[/TD] [/TR] [/TABLE] The extract above comes directly from the relevant Legislation (my apologies for the formatting) and shows that there are two possible paths to earn the additional 10 points based on formal qualifications or awards. It’s always best to look at the original legislation as the summary in border.gov.au loses detail in translation. Under item 6D73 obtaining a Diploma (recognised under the AQF framework) earns 10 points irrespective of whether the Diploma is relevant to your occupational field. So a recognised Diploma (AQF 5) issued in any subject area will do. Under 6D75 the award or qualification must be recognised as being suitable by the relevant assessing authority (in this case the ACS) before these additional points can be awarded. I’ve sought some written advice from ACS as to how vendor certification may contribute towards the issues in 6D73 and 6D75 above. I’ll keep you posted on any responses.
  22. There should be no contradictions if for the purposes of your Expression of Interest you ONLY claimed work experience points for the period of work from July 2012 if this was the date that EA deemed that you met the skills requirement. In other words if EA has made the judgement that you first met the requirements for Professional Engineer in July 2012, all work experience completed before that date is considered part of your training and hence cannot earn points in the scoring of your Expression of Interest (EOI). If your EOI relies on experience points earned before July 2012, and you have been invited to apply for a 189 visa based on that EOI, you have a serious issue and should you seek professional advice without delay.
  23. As you have already received positive skills assessment with a skilled met date of Jan 2007 all relevant experience since that time counts towards your points score for experience. According to the relevant policy advice manuals any subsequent qualification obtained, even if it is wholly or partly based on your work experience (eg RPL), does not detract from your points score for experience. Hence you can boost your overall points score by obtaining a formal qualification, particularly if it is a qualification under the Australian Qualification Framework (AQF) eg ICA50111 Diploma of Information Technology (DIT). Although some vendor certifications can contribute to skills sets within the Diploma (see ICA11 Training Package content via training.gov.au) it is highly unlikely that a Diploma would be issued based on vendor certifications alone. It would be advisable to clarify the full requirements for a Diploma and confirming how vendor certifications contribute by discussing the issue with a Registered Training Provider (RTO). ACS are registered to issue the ICA50111 Diploma of Information Technology (DIT) (see http://www.acs.org.au/__data/assets/pdf_file/0018/13725/Diploma-of-IT-Information-Guide-2013-14.11-12.pdf ) as are many other Australian training providers (see training.gov.au for full RTO list).
  24. The Australian and UK governments have a reciprocal arrangement for the provision of medical services and hence you will be covered during your 'validation visit' irrespective of your lack of Medicare enrolment (presuming you are from the UK). As far as I can tell you are not eligible to enrol for Medicare until you settle in Australia.
  25. Matt I presume you have looked at the Skilled Occupation List (SOL) and the Consolidated Sponsored Occupation List (CSOL) As you can see based on your current qualification/experience there are no obvious listed occupations that stand out. https://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/SOL https://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/CSOL You may need to consider some career development through targeted postgraduate study and/or work experience in order to create some opportunities in the Skilled Migration Program. Obtaining an eligible Australian postgrad qualification (Student 500 visa) and applying that qualification in an Australian context (Temporary Graduate 485 visa) could lead to future opportunities for PR status.
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