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Nhung Nguy

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Posts posted by Nhung Nguy

  1. 52 minutes ago, romeru said:

    That may actually be positive for your PR visa to be approved as it shows your employer is keen to employ you that long. This shows that the business has a genuine need for you. Ifnyou wish to leave after two years, cross the bridge when you get there.

    Thank you romeru for your info.

    I'm already get the visa and currently working now. I'm just confused if I meet visa condition but there maybe some issues regarding the employment law latter? Like i'm just wondering if the immi ask me why I'm not finishing the whole 4 years when I apply for my resident return visa

  2. Hi guys, just a quick question.

    My contract states the employment will lasts for 4 years under visa 187, and I have plan to work for about 2 years (meeting visa condition). Does the immigration is going to question anything? I'm just confused there maybe some conflicts between employment law and immigration law?

  3. 1 hour ago, Bishal911 said:

    If you work 2 years already after 187 No issue at all now you like free bird in the sky so u can fly anywhere 💐🤙🏻 All d best 

     

    8 minutes ago, SineadK said:

    Your conditions of 187 visa are met when you complete 2 years.

     

    Thank you you guys for the info. Much appreciate! 

  4. I think it is reasonable to ask for a leave because of such serious issue. Just be brave, ask directly to someone who is in charge for the company or the place where you are working, and he or she will understand your circumstance. I think just talk to ONE person either manager or HR, because if you can persuade one of them the others won't mind about that. Try again!

  5. to be honest, you are not the one who only been waiting for that long, mine is longer already and there are some other guys has been waiting for soooooo looong also. We all knows that's very frustrated but ... there is nothing we can do rather than waiting.

     

    What occupation do you apply for? Do you know which area you will work at?

  6. We lodged offshore. No sorry, to clarify- we had to withdraw our first application. This is our second attempt. Extra docs were asked 6 May. Its been a long road

     

    With your second application, how long it has taken since you start lodging? I also suppose to lodge offshore too.

  7. The last information we got from DIBP still stated 8-9months processing times. The standards also state if additional information requested you have 28 days to respond and then may end up back in the queue for 28 days. We have seen Immigration has sped up over the last 3-4 weeks. Please hang in there, dont spam mail them and dont panic. We have heard their year end is end June and they working to get back to 6mnth standard by then. Not sure if it is true, but it does appear to be with them reaching end Oct already. I understand its hard, we there too. Life is hanging in limbo. We have nom dated 7 Oct and were asked extra docs 6 May but we have been in this process for 2 years, being offshore, this has been exhausting and expensive. My advise, and I have to keep reminding myself as well, hang in there and stay positive. We'll all be there soon!

     

     

    Sent from my iPhone using Tapatalk

    Are you lodging offshore? And it has been 2 years since the extra documents requirement?

  8. Do I need to ask the employer about their turnover, number of employee or anything more detailed about their company? Or just follow ling those general requirements is enough?

     

    Normally onshore application would take around 8 months to receive visa, isn't it? And offshore may take one year? Just want to know about the offshore case if you know any

     

    Just curious about the link under on your signature, what is that?

    You can nominate a skilled worker for this visa if:

     

     

    • you actively and lawfully operate a business in regional Australia (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
    • you have a genuine need for a paid employee to fill a skilled position
    • you offer a skilled position in the applicant's field that is full time and ongoing for at least two years
    • you pay a market salary rate
    • you comply with Australian immigration and workplace relations laws
    • there is no adverse information known about your business or any person associated with your business.

     

     

  9. Yes the most important part is nomination because it is all about company's financial documents, training benchmark etc. But it's not 100% sure that visa will granted if nomination has been approved still you have to satisfy visa conditions.

    But I never have heard about interview where did you get this information from?

     

    I heard from the migration agent that if you apply offshore, it is possible that you would be interviewed by the immigration.

     

    And do you know where I can find what requirements the employer have to meet in order to be able to sponsor the applicant?

  10. Hi guys I have some questions hope you guys can help me

    Do you have to take interview with case officer? If yes, will it be before nomination or after nomination?

     

    Is that the most difficult part to acquire this visa is getting the nomination approved?

     

    The visa is apparently approved once the nomination is approved, isn't it? Or you still have to take some kind of interview or smth like that to have the visa?

  11. Finally we got our pr today,timeline-7 sep2015 nomination n visa ,documents asked 5 April and nomination approved 17 May and visa approved today 18 May.

     

    Your PR means you can stay here even without sponsorship? Or you still have to work at the company until you are OFFICIALLY can stay here independently?

  12. Thank you for your help. I already booked an appointment with the lawyer.

     

    I post this question to a public forum because I really want to know am I absolutely have mistake in applying this visa by myself, and really Associate degree is not eligible or whether there are some errors from the case officer. I know for now the only chance is appealing to the court. I am considering this solution, or another...solution

     

    To the OP, you are asking very specific questions on quite a complex matter and I do not believe that a public forum is the best place for you to find a solution to your visa issue.

     

    Some of the responses you have received on this thread, although well meaning, are not correct.

     

    There are two different pathways for the subclass 485, each with very different criteria. If you applied under the Post Study Work Stream, the SOL is not relevant.

     

    Your issue is with meeting the Australian Study Requirement which is common to both pathways. The Australian Study Requirement can be quite complex to understand if you have completed multiple courses and there is extensive Immigration Policy on the subject.

     

    My advice would be to have you matter reviewed by a professional to determine if there is any merit to applying for a review. You will need to do this quickly however as you have a limited time frame to lodge a valid review.

     

    I suggest you seek advice (urgently) from a Registered Migration Agent/Migration Lawyer as to whether there are grounds for a merit review on the basis that the decision maker has disregarded the time spent studying the Associate Degree units. As the letter correctly indicates they have disregarded the Associate Degree study because they consider it to be at AQF level 6 level rather than the level 7 or higher which is required in this case. This is consistent with the legislation and policy guidelines but in this case it is interesting that RMIT was willing to grant credits for these units which have contributed to your AQF Level 7 Bachelors Degree qualification. RMIT have provided recognition by reducing a normally four year program to effectively one year. Clearly the qualifications can be considered to be nested, and as a consequence both qualifications can contribute to the Australian Study Requirement.

     

    Disregard any references to SOL in the discussion above. SOL has no relevance to the Post Study Work stream.

  13. To all who has contributes to this thread

     

    Thank you for spending your valued time to anwer my question. I know i can do nothing now, i just want to know exactly whethere i am wrong or the decision is not fair (because my friend studied from diploma to bachelor and he got acceptance). Anyway this is a lesson for me. I accept that. Again thank you all you guys for your patience.

  14. It clearly states the reason being that you were not in Australia for the required 16 months means you have not met the requirements for the visa. Regardless of the course studied.

     

    I Arrived Australia around July 2012 have stayed here for nearly 4 years. You can see on my transcript the beginning and ending date of my studying

  15. The requirements are clearly posted: https://www.border.gov.au/Trav/Visa-1/485-#

     

    The Australian study requirement

     

    In the six months before you apply, you must meet the Australian study requirement. You meet this requirement if you can satisfy us that you have completed one or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course(s):

     

     

    • that is registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

    • for which all instruction was conducted in English

    • that were completed as a result of total of at least two academic years (92 weeks) study

    • that were completed in a total of at least 16 calendar months

    • that have been undertaken while you were in Australia as the holder of a visa authorising you to study.

     

     

     

    On that basis, it would seem very clear that you are not eligible. It is now over six months since you completed your course, regardless of any other points.

     

    I applied it in March, so it is around 4 months after my graduation. And just recently got refusal.

  16. Well they look like two separate courses to me, the fact that you transferred credits from one to another seems ample proof that it is two separate courses.

     

    But even if that were not the case, the occupation isn't on the Skills list, so you still wouldn't have got the 485 visa.

     

    How about the Post-study stream, it is not for all the occupations?

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