lem Posted February 23, 2014 Share Posted February 23, 2014 I am looking to study my Diploma in law in Australia, however, wanted to know the chances of having your visa extended after it expires? I have read info on immi.gov which states I can extend/apply for a new visa to work if I do not have a restriction, but how likely are these to be accepted? My aim is to qualify as a solicitor so eventually I will be on the SOL but need to undertake a 2 year traineeship after the diploma before I qualify. Any info would be greatly appreciated. Link to comment Share on other sites More sharing options...
blossom Posted February 23, 2014 Share Posted February 23, 2014 The visa you would need is the 485. I 'think' there are different durations depending on what course you do. It uses to be that diplomas you could only get 18 months. Have a google of that visa number. Link to comment Share on other sites More sharing options...
wrussell Posted February 24, 2014 Share Posted February 24, 2014 I am looking to study my Diploma in law in Australia, however, wanted to know the chances of having your visa extended after it expires? I have read info on immi.gov which states I can extend/apply for a new visa to work if I do not have a restriction, but how likely are these to be accepted? My aim is to qualify as a solicitor so eventually I will be on the SOL but need to undertake a 2 year traineeship after the diploma before I qualify. Any info would be greatly appreciated. Under the strategy you propose, it would be very easy to encounter technical issues that would create a roadblock. I suggest you consult a registered migration agent before you commit to a course of action. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 24, 2014 Share Posted February 24, 2014 A degree or higher is required for eligibility for a 485 visa. A diploma is not an eligible qualification. http://www.immi.gov.au/Visas/Pages/485.aspx 485 visa AFAIK, the only way to stay in Australia after a diploma is if the student is eligible to apply for a visa under SkillSelect. Link to comment Share on other sites More sharing options...
blossom Posted February 24, 2014 Share Posted February 24, 2014 A degree or higher is required for eligibility for a 485 visa. A diploma is not an eligible qualification. http://www.immi.gov.au/Visas/Pages/485.aspx 485 visa AFAIK, the only way to stay in Australia after a diploma is if the student is eligible to apply for a visa under SkillSelect. According to that link you can still get it if you held a 572 which is vocational courses. I got it after my diploma. Link to comment Share on other sites More sharing options...
kayinperth Posted February 24, 2014 Share Posted February 24, 2014 i thought the same, but asblossom79 said, the 485 page shows diploma or even trade qualification can apply for 485.... it confuses me as well, as some of my trade mate gave up their way to get a visa after their graduation ... 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. English language proficiency courses or enabling programs cannot be used to meet the Australian study requirement. See also: Post study work arrangements Graduate Work stream Requirements for this visa include: you nominate an occupation on the Skilled Occupation List your visa application included evidence that you had applied for a skills assessment for your nominated skilled occupation by a relevant assessing authority your skills have been assessed by a relevant assessing authority as suitable for your nominated skilled occupation ('suitable skills assessment’) if your skills were assessed on the basis of a qualification obtained in Australia while you held a student visa, the qualification must have been obtained as a result of studying a CRICOS-registered course you have met the two-year Australian study requirement in the past six months each degree, diploma or trade qualification used to meet the Australian study requirement is closely related to your nominated skilled occupation. My understanding now is, not all 2 years course but if your occupation is on sol, you can apply 485... Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 24, 2014 Share Posted February 24, 2014 Sorry guys, but the following link clearly states that at least a degree is required for a 485 under the Post-Study Work stream - it says "Study resulting in a diploma level qualification or trade qualification will not be considered." https://www.immi.gov.au/Study/Pages/post-study-work-arrangements.aspx See 'Applying under the Post-Study Work stream' The requirements are different under the Graduate Work stream - under that, if your occupation is on the SOL, you can qualify for the visa and diploma or trade qualifications are enough for some SOL occupations. The OP will only be eligible to apply under the Post Study Work stream. Link to comment Share on other sites More sharing options...
lem Posted February 24, 2014 Author Share Posted February 24, 2014 Thanks to all those who have applied. I did not know about the graduate visas! The graduate visas state you must have studied for two years in Australia but the Diploma in law is only 1 year. I'm not sure if I could qualify if I did the course part time or not. I have spoken briefly to a registered migration agent however they were not of much help. I have details of another whom I am going to speak to later today. I am a British citizen from Scotland and the cost of the Diploma in law here is half the price than it is in Australia so in that regard it's a big risk if there is not much chance of extension afterwards. I have looked into holiday visas but it's not ideal as my other half has already done one and could not come with. Link to comment Share on other sites More sharing options...
blossom Posted February 24, 2014 Share Posted February 24, 2014 No, you can't get that visa if you only studied for a year. You also can't study for more than 4 months on a whv so that would be out. I'd just do it in the uk personally. Link to comment Share on other sites More sharing options...
lem Posted February 24, 2014 Author Share Posted February 24, 2014 I have spoken to someone early today who advised I can study a Masters and obtain a 2 year post study work visa on this. If I do the Diploma at home it will only take a year however I would have to undertake a 2 year traineeship before I officially qualify as a solicitor. I would then need a couple of years post qualified experience to be able to apply for the skilled visa, and complete additional courses in Australian law before I am able to practice. By that time, my profession might not be on the SOL, so qualifying at home isn't really ideal. Link to comment Share on other sites More sharing options...
lem Posted February 24, 2014 Author Share Posted February 24, 2014 The visa you would need is the 485. I 'think' there are different durations depending on what course you do. It uses to be that diplomas you could only get 18 months. Have a google of that visa number. It turns out the Diploma in Law is for non-law graduates, so it wouldn't actually apply to me as I already a Bachelor of law, I didn't realise until I spoke to someone today! I will have a look into the visa number, thanks Link to comment Share on other sites More sharing options...
blossom Posted February 24, 2014 Share Posted February 24, 2014 It seems from reading he info on the 485 visa that you can only get 18 months (unless I missed a bit). Who is telling you that you can get two years, and which visa is it? Also, remember rules change. Many people came expecting to do just that and they changed the rules so they no longer qualified for a 485 or for pr. Just prepare yourself as it changed drastically and quickly with no notice (well a week sometimes). Link to comment Share on other sites More sharing options...
lem Posted February 24, 2014 Author Share Posted February 24, 2014 It seems from reading he info on the 485 visa that you can only get 18 months (unless I missed a bit). Who is telling you that you can get two years, and which visa is it? Also, remember rules change. Many people came expecting to do just that and they changed the rules so they no longer qualified for a 485 or for pr. Just prepare yourself as it changed drastically and quickly with no notice (well a week sometimes). The man I spoke to was from Study Options who, he said, were employed by Australian universities and are free of charge, so no ulterior motive Under the 485 Post-Study Work Visa it states these can be granted for up to four years depending on your qualification. The man I spoke to from SO stated I can get 2 years if I study an LLM/Masters. Link to comment Share on other sites More sharing options...
lem Posted February 24, 2014 Author Share Posted February 24, 2014 Ps thanks for advice on the rules changing, I didn't realise they could do this pretty much instantly. I will have a look into this too. Link to comment Share on other sites More sharing options...
Guest guest73691 Posted February 24, 2014 Share Posted February 24, 2014 Ps thanks for advice on the rules changing, I didn't realise they could do this pretty much instantly. I will have a look into this too. I'm not too sure what the visa position is, but even if you were able to get a suitable visa, this sounds like a very expensive option. Even if you took a masters degree (which as an overseas student would be very expensive), you would still need to undertake the requisite additional study that overseas lawyers need to do (i.e. certain units equivilent to those taken as part of an Australian law degree) plus a practical legal training course. The practical legal training course is about $12,000 on its own. Getting grad jobs here is just as competitive as it is to get a training contract at home. There has been quite a lot in the press recently about how many law students are coming out of uni compared to the number of jobs actually available. So even at the end of this there would be no guarantee you could find a job. Sorry if that sounds rather negative, but when there is such expense potentially involved, I think it is sensible to consider it from all angles. On top of that, if you qualified in Australia and then decided to move back to the UK, you would then need to take further exams there in order to be able to get admitted as an English or Scottish law qualified solicitor. If I were you, I would be focusing on qualifying in Scotland/England and then look at trying to make a move. Link to comment Share on other sites More sharing options...
lem Posted February 24, 2014 Author Share Posted February 24, 2014 I'm not too sure what the visa position is, but even if you were able to get a suitable visa, this sounds like a very expensive option. Even if you took a masters degree (which as an overseas student would be very expensive), you would still need to undertake the requisite additional study that overseas lawyers need to do (i.e. certain units equivilent to those taken as part of an Australian law degree) plus a practical legal training course. The practical legal training course is about $12,000 on its own. Getting grad jobs here is just as competitive as it is to get a training contract at home. There has been quite a lot in the press recently about how many law students are coming out of uni compared to the number of jobs actually available. So even at the end of this there would be no guarantee you could find a job. Sorry if that sounds rather negative, but when there is such expense potentially involved, I think it is sensible to consider it from all angles. On top of that, if you qualified in Australia and then decided to move back to the UK, you would then need to take further exams there in order to be able to get admitted as an English or Scottish law qualified solicitor. If I were you, I would be focusing on qualifying in Scotland/England and then look at trying to make a move. Hi thanks for replying. There are a few options I am looking into at the moment, this being one. If I go over on a study visa for a Masters, I would most likely find employment afterwards as opposed to qualifying as a lawyer. I am looking to go over with my boyfriend and so another option would be to go on his visa if he were to undertake a two year trade qualification, but I have not researched this thoroughly yet. With regard to the market for solicitors - as it is still on the SOL, does that not mean there are plenty of jobs in this regard? Link to comment Share on other sites More sharing options...
Guest guest73691 Posted February 24, 2014 Share Posted February 24, 2014 I don't know too much about the SOL/critera for a job or profession being on it, but I don't think a profession being on there means there are shortages or plenty of jobs available. Certainly the private practice market seems to be very competitive at the moment and there certainly doesn't seem to be any shortage of lawyers in Sydney (I'm working here as a lawyer at the moment)! Though maybe it depends what field you are looking to work in - there may be more demand in some areas than there are in others. Link to comment Share on other sites More sharing options...
wrussell Posted February 24, 2014 Share Posted February 24, 2014 The man I spoke to was from Study Options who, he said, were employed by Australian universities and are free of charge, so no ulterior motive You jest, of course. Under the 485 Post-Study Work Visa it states these can be granted for up to four years depending on your qualification. The man I spoke to from SO stated I can get 2 years if I study an LLM/Masters You are playing with fire. Did you get it writing? Link to comment Share on other sites More sharing options...
lem Posted February 24, 2014 Author Share Posted February 24, 2014 You jest, of course. You are playing with fire. Did you get it writing? Can you expand a little please - is a study visa not the best way to go? Link to comment Share on other sites More sharing options...
wrussell Posted February 24, 2014 Share Posted February 24, 2014 Ps thanks for advice on the rules changing, I didn't realise they could do this pretty much instantly. I will have a look into this too. Some years ago I sent a skilled visa application by Express Post at 10.30 AM on a Friday. That afternoon the Honourable, the Senator Evans announced that such applications would be invalid if not received by the nest day. The application was received on the next business day (the following Monday) and was declared invalid. When the class of visa became available again I got the clients PR for no further charge. Interestingly enough when the (then DIAC) sent back the application file as invalid they did not return the cheque for the visa application charge, so I stopped payment on it. I was told that my cheque had been dishonoured, not it wasn't, payment was stopped mate. What sort of *$!& must you be to change the rules while an application is in Express Post and return every document, except the cheque? If you want to go screaming mad, have a look at the procedure for claiming a refund from the DIBP. Link to comment Share on other sites More sharing options...
wrussell Posted February 25, 2014 Share Posted February 25, 2014 Can you expand a little please - is a study visa not the best way to go? I have absolutely no idea of your best strategy. If you want a considered professional opinion, I suggest you consult a registered migration agent for a full analysis. Link to comment Share on other sites More sharing options...
lem Posted February 25, 2014 Author Share Posted February 25, 2014 I have absolutely no idea of your best strategy. If you want a considered professional opinion, I suggest you consult a registered migration agent for a full analysis. I spoke to four yesterday, three of whom advised they did not deal with those seeking to go on student visas, and the other directed me to SO. I will try again. Link to comment Share on other sites More sharing options...
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