Martinuska Posted May 8, 2013 Share Posted May 8, 2013 Hi, did anyone have the experience with 485 visa refusal, becouse DIAC did not accept certificates II, III, and IV as a Diploma degree even they were part of the Diploma course ? I did not appeal just curious guys with your experiences and MRT. I did Bridge Business College Diploma of Business. Thanks Martina Quote Link to comment Share on other sites More sharing options...
Rupert Posted May 8, 2013 Share Posted May 8, 2013 What do you mean? What is a diploma degree? Did you finish your course? Quote Link to comment Share on other sites More sharing options...
Martinuska Posted May 8, 2013 Author Share Posted May 8, 2013 yes I had IELTS, skills assesment, and Diploma of Business, but DIAC said that certificates are registered separetly in PRISM which is DIAC database for all schools, so they did not count certificates towards 2 years, so they just counted my Diploma subjects 24 weeks, not Certificates Quote Link to comment Share on other sites More sharing options...
blossom Posted May 8, 2013 Share Posted May 8, 2013 That is exactly right. When I was looking at my course back in 2007 I had to make sure that the whole course counted as two years to have it count for immigration. As such the only certificate I ever got was the diploma, even though parts of it were cert 2, 3, 4 level. Most education providers realise this. Tafe certainly did even that long ago. Quote Link to comment Share on other sites More sharing options...
blossom Posted May 8, 2013 Share Posted May 8, 2013 I can't remember what it was called (getting old) but there was a website you put the course code in and it would tell you how many weeks your course officially was for immigration. Quote Link to comment Share on other sites More sharing options...
Martinuska Posted May 8, 2013 Author Share Posted May 8, 2013 yes, but the thing is I was told by agen I can apply, and there are people who got the visa and did the same course, and there are who did not, I did not pay to lawyer as it would cost me 5000 and result was uncertain, so frustrating.... be back in Slovakia... Quote Link to comment Share on other sites More sharing options...
blossom Posted May 8, 2013 Share Posted May 8, 2013 I'm confused. You didn't pay the agent? So did they actually look up the code for your course? If he didnt then he was just assuming. Any agent who was going to charge you that doesn't sound good in the first place. That is very high. More than I recently paid for an employer sponsored permanent visa. Have you spoken to your college and asked them what code they put you under? On my course the Australian people were put on different codes so that they could get the certificates for each level, and us internationals were just put on the diploma one. Maybe they have made an error with your case? They might be able to issue a new diploma cert and fix it. If they are advertising themselves as having diploma courses for international students they should know exactly how it all works! I would be hassling them. Quote Link to comment Share on other sites More sharing options...
Martinuska Posted May 8, 2013 Author Share Posted May 8, 2013 yes I talked to principal and he told course is registered separetly and they were told to do it by DIAC, I did know who I could trust, college gave me supporting letter saying certificates are pre-requisite to obtain the Diploma. But I got the information that some students got refused the visa as well becouse of this course http://cricos.deewr.gov.au/Institution/InstitutionDetails.aspx?ProviderID=1092, even other like tourism is register a whole course. I can hardly do smt from my homecountry, and do not have money for supreme court, just was trying to warn other students. It is a bit unfair, and 21 days for appeal is not enough to find the genuine person for your case and make the decision Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted May 8, 2013 Share Posted May 8, 2013 Sorry to hear about your troubles. It appears that the problem may be that you obtained advice from an Education Agent in regards to visa issues. You then did not use a Migration Agent for advice or preparation of the visa application. I have had similar cases which I was able to successfully obtain a subclass 485 visa for. A big problem that I can see from your posts is that you provided a letter from the College stating that the certificates were a pre requisite to the Diploma course. If the certificates do not form part of the Diploma, then they can not be counted on their own merits. Quote Link to comment Share on other sites More sharing options...
blossom Posted May 9, 2013 Share Posted May 9, 2013 yes I talked to principal and he told course is registered separetly and they were told to do it by DIAC, I did know who I could trust, college gave me supporting letter saying certificates are pre-requisite to obtain the Diploma. But I got the information that some students got refused the visa as well becouse of this course http://cricos.deewr.gov.au/Institution/InstitutionDetails.aspx?ProviderID=1092, even other like tourism is register a whole course. I can hardly do smt from my homecountry, and do not have money for supreme court, just was trying to warn other students. It is a bit unfair, and 21 days for appeal is not enough to find the genuine person for your case and make the decision that is the website you use to check the course code. Unfortunately that has come too late for you. :-( Quote Link to comment Share on other sites More sharing options...
Martinuska Posted May 9, 2013 Author Share Posted May 9, 2013 I did not provide the letter from college to DIAC, college gave me the letter for lawyer as he wanted to use this to support my case This means a GSM applicant who has completed in Australia:• a Certificate II in any discipline or • a Certificate IV in a discipline other than a trade, for example a Certificate IV in Business Management or • a Graduate Certificate cannot use that study to meet the Australian study requirement (The list above is illustrative, not exhaustive). However, if a GSM applicant: • completes a Certificate IV(where the study met the requirements in regulation 1.15F and • was granted credit for some of the completed units of the Certificate IV course in a subsequent degree or a diploma which they have completed those credits can be used to meet the Australian study requirement: • the time taken to study the units of the Certificate IV course can be counted towards the regulation 1.15F(1)(b) 16 month requirement, however • only the credited units from the degree or diploma can be counted towards meeting the 2 academic years study requirement. This means that the study can only be counted once; it cannot be used towards the Certificate IV and then again towards the degree or diploma. If an applicant: • nominates a non-trade occupation • completes a diploma or a degree • then undertakes a trade qualification (such as a Certificate III or IV) neither the trade qualification nor the period of the trade qualification study can be counted for the purpose of the Australian study requirement. This could mean that the applicant does not meet the Australian study requirement within the required 6 months before lodging their visa application, due to the time taken to complete the trade qualification (or any other qualification that cannot be used to meet the Australian study requirement because the study did not meet the requirements in regulation 1.15F and result in the award of a degree, diploma or trade qualification). but what I still understood is I can not count the certificates or time towards 2 years study, I was confused it was a lot of money, and yes I did the application by myself. Martina Quote Link to comment Share on other sites More sharing options...
blossom Posted May 9, 2013 Share Posted May 9, 2013 The college gave you that piece of literature to help you? That is confirming that you are not eligible for the 485 visa! That doesn't help you with immigration AT ALL! I can't see a way around this I'm afraid. Unfortunately if trying to come in via the student route you have to look at every single factor. I didn't use an agent either, but I made sure my course was going to be eligible for future visas. There were lots out there which weren't, and unfortunately lots of education agents, with no migration training, giving bad advice to people just to get commission from the course providers. I was given incorrect visa info by 2/3 who I contacted! Did your course provider advertise your course as suitable for migration purposes? You might have some claim on them for the fees you have paid. But visa wise I can't see a solution. Your best bet would be to pay a mara agent to see if they can think of any options for you. Employer sponsorship is an option, but of course you need to find an employer. Good luck! It is a truly crappy situation to be in. Quote Link to comment Share on other sites More sharing options...
Martinuska Posted May 10, 2013 Author Share Posted May 10, 2013 thanks for answer, I think the best way would be to contact agents from DIAC at least they are straight, it is hard to find employer from outside, I am thinking actually to get the silver fain visa and stay at new zealand. That piece of literature gave me lawyer but when I was reading closer it I did not work for me and I paid him 200. But there is a girl who get the visa and finished the same course as me, it seems it is a big mass there. Quote Link to comment Share on other sites More sharing options...
blossom Posted May 10, 2013 Share Posted May 10, 2013 Diac do not give migration advice. If I were you I would contact George Lombard or go Matilda. I can't believe an agent charged you $200 to prove that immigration are right. You could have found that on google. I don't know the nz visa you are talking about, but good luck. Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted May 10, 2013 Share Posted May 10, 2013 Diac do not give migration advice. If I were you I would contact George Lombard or go Matilda. I can't believe an agent charged you $200 to prove that immigration are right. You could have found that on google. I don't know the nz visa you are talking about, but good luck. Or Raul (ABA) as it seems he has experience with cases like this Quote Link to comment Share on other sites More sharing options...
blossom Posted May 10, 2013 Share Posted May 10, 2013 Or Raul (ABA) as it seems he has experience with cases like this Yes, or ABA. For sure. Quote Link to comment Share on other sites More sharing options...
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