Nhung Nguy Posted May 17, 2016 Share Posted May 17, 2016 Hello guys, I have some issues with this visa hopefully anyone can help me figure it out. I arrived Australia on July 20 2012, and then studied an English course despite already got IELTS mark that meet the requirement. Finishing English course, I studied 2 years in Associate degree in Business, getting credit exemptions (all 16 subjects) and transferred to one year in Bachelor of Logistics and supply chain management. I also got IELTS (overall 6.5, General module) after finishing Bachelor course. My first visa was granted on July 2012. I finished high school in my country and immediately moved to Australia. However recently I got the refusal for acquiring Temporary Graduate visa subclass 485 as the immigration department does not accept my Associate degree. I would like to ask why they refuse? I'm sure I got credit exemption from Associate degree, because if not I could not graduate Bachelor degree within one year. And according to my research from difference websites, as long as the articulating course (in this case is Associate degree) contributes to the eligible course (my Bachelor), I am eligible to acquire TR visa. Link to comment Share on other sites More sharing options...
blossom Posted May 17, 2016 Share Posted May 17, 2016 I'm struggling a little to follow what you are saying. So your last course was a one year course? For the 485 it has to be a two year course. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 17, 2016 Author Share Posted May 17, 2016 I'm struggling a little to follow what you are saying. So your last course was a one year course? For the 485 it has to be a two year course. associate degree and bachelor are related to each other, i got credit exemptions from all 16 subject that i done in 2 years of associate degree. So physically i studies 3 years totally. Link to comment Share on other sites More sharing options...
Bungo Posted May 17, 2016 Share Posted May 17, 2016 I also dnt understand what you mean. If you got exemptions then what were you studying for? As I understand utilising exemptions is not a good idea when it comes to the graduate visa. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 17, 2016 Author Share Posted May 17, 2016 I also dnt understand what you mean. If you got exemptions then what were you studying for? As I understand utilising exemptions is not a good idea when it comes to the graduate visa. I study bachelor of logistics and supply chain management. I applied for the post-study stream as I know logistics is not in the SOL list. Link to comment Share on other sites More sharing options...
blossom Posted May 17, 2016 Share Posted May 17, 2016 Am I understanding this correctly. You did the two year associate degree in business then one year bachelor of logistics, which isn't on the sol? Link to comment Share on other sites More sharing options...
blossom Posted May 17, 2016 Share Posted May 17, 2016 It sounds like you have a couple of issues here. First being them not accepting the associate degree. Did they say why? Then your next degree would have been pointless towards your visa as they are looking at it on its own, if it's not on the sol AND wasn't two years. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 17, 2016 Author Share Posted May 17, 2016 It sounds like you have a couple of issues here. First being them not accepting the associate degree. Did they say why? Then your next degree would have been pointless towards your visa as they are looking at it on its own, if it's not on the sol AND wasn't two years. Below image is the reason. My transcript The point here is the Bachelor one is related to the Associate degree, the Associate degree is not a separated course it is linked to the Bachelor. If the Associate Degree is completely separated from the Bachelor, I can understand that. Link to comment Share on other sites More sharing options...
Bungo Posted May 17, 2016 Share Posted May 17, 2016 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. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 17, 2016 Author Share Posted May 17, 2016 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? Link to comment Share on other sites More sharing options...
CiderDrinkingCoder Posted May 17, 2016 Share Posted May 17, 2016 The requirements are clearly posted: https://www.border.gov.au/Trav/Visa-1/485-# [h=4]The Australian study requirement[/h]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. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 17, 2016 Author Share Posted May 17, 2016 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. Link to comment Share on other sites More sharing options...
Guest Posted May 17, 2016 Share Posted May 17, 2016 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. Link to comment Share on other sites More sharing options...
Bungo Posted May 17, 2016 Share Posted May 17, 2016 How about the Post-study stream, it is not for all the occupations? I have just read about the 485 visa and it mentions that an occupation on the skills lists is required. But the just go back to the first point. These are two courses, it must be because you have utilised credits from one course to gain exemptions to another. Hence theycannot possibly be the same course. You have your answer, you are not eligible for the visa, it looks to be a correct decision. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 17, 2016 Author Share Posted May 17, 2016 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 Link to comment Share on other sites More sharing options...
Guest Posted May 17, 2016 Share Posted May 17, 2016 From what i can see you are not eligible for the visa. The decision to refuse is correct. I know that's not what you want to hear but it is what it is. I think you will need to look for another visa if you can qualify for one if you want to stay. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 17, 2016 Author Share Posted May 17, 2016 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. Link to comment Share on other sites More sharing options...
Bungo Posted May 17, 2016 Share Posted May 17, 2016 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. Well the answer you received has explained the decision. It is because you did two separate courses, the first course doesn't count and the second course was not long enough. Link to comment Share on other sites More sharing options...
ricco56 Posted May 17, 2016 Share Posted May 17, 2016 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. Link to comment Share on other sites More sharing options...
Raul Senise Posted May 17, 2016 Share Posted May 17, 2016 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. Link to comment Share on other sites More sharing options...
Nhung Nguy Posted May 18, 2016 Author Share Posted May 18, 2016 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. Link to comment Share on other sites More sharing options...
Raul Senise Posted May 18, 2016 Share Posted May 18, 2016 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 If you are seeing a Lawyer about this issue, make sure that it is one that specialises in Immigration Law. Link to comment Share on other sites More sharing options...
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