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189 Visa Application - Lawyer, Barrister, Solicitor


LawyerAbroad

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On 27/01/2019 at 11:27, selfhelp said:

Since my last post on here two months ago, I’ve submitted my qualifications for assessment and am still waiting to hear back from the admissions board.

Hi selfhelp, just wondering if you'd heard back from the admissions board (and which admissions board you applied to)?

Now that our visa application has been submitted (we went the spouse visa route), time to get the ball rolling with this! I've managed to track down all my course outlines (some more detailed than others) and I've drafted a detailed statement going through each of the 11 academic subjects. I see that the Uniform Principles require that if you're looking for any exemptions you need documentary evidence which is "corroborated by evidence from the applicant's employer, or other persons with whom the applicant has been associated with in practice".

What did you/LawyerAbroad do for this? I can get a supporting statement from former colleagues at my previous two firms, but obviously my current employer isn't yet aware of my plans. My former managing partner would be the best person to speak to both my experience and ability (if that's what they're even corroborating) but unfortunately my husband still works at that firm and I don't want to cause any issues for him while we wait for our visa (which could be up to 2 years away from being granted).

Thanks!

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On 27/03/2019 at 08:40, KC24 said:

What did you/LawyerAbroad do for this?

Hi KC24,

Not having your current employer to do a reference does make things tricker, I suspect. I was in chambers / self-employed / open with my plans. I got several colleagues to sign statutory declarations detailing everything known about my practice for the 10 years I was in chambers. Including: type of work, its complexity, etc.

I specialise in only one area of law, which is unrelated to the academic subjects, so these references were not helpful for getting academic exemptions. They were, however, useful for getting PLT exemptions.

I hope that helps.

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Hi LawyerAbroad

I feel your pain.  I requalified as a solicitor to get a 189 visa in 2016.  I didn't prepare a spreadsheet of my costs because I tried not to think about the huge investment my husband and I were making, when there was no guarantee we'd get the visa in time.  I had to apply for admission with my Constitutional Law result pending as I needed to be admitted and to have lodged my EOI before my 45th birthday.  I attended the admission ceremony and lodged my EOI on the same day in August 2016 and was invited to apply 48 hours later.  I turned 45 (thereby losing 5 precious points I couldn't make up any other way) in September.  So, I just made it!

I was 12 years PQE and went to town on my specialism (family law), providing as much evidence as I could that I only intended practising in family law in Australia and feel very fortunate that I only had to study Constitutional Law and then trust and office accounting and ethics and professional responsibility.  I don't agree with wrussel that you can avoid studying these as a minimum in order to qualify.

We activated our visa in 2017 and are now finalising plans to leave for Brisbane later this year.  I have forgotten all that I studied in 2016 but I'm hoping it will come back to me!

All the best with your journey 🙂

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15 minutes ago, Libbyella said:

We activated our visa in 2017 and are now finalising plans to leave for Brisbane later this year. 

Thanks for this Libbyella, this is very useful. You were really up against it, so glad it all worked out for you.

All the best for the move - we're hoping to move to Brisbane too, although I suspect we might be a year or two behind you!

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3 hours ago, LawyerAbroad said:

Not having your current employer to do a reference does make things tricker, I suspect.

Sorry LawyerAbroad, just spotted your post too. Thanks again. I think I might need to speak to my employer now, we could be two years away in getting our visa granted so it's a tricky one!

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  • 2 weeks later...

Thank you so much for your helpful and informative post. I am currently in my home country and doing my academic subjects online. 

I will be done with the academic subjects in early July this year. Afterwards I hope to do my Part PLT at the College of Law. 

I have a couple of questions:

Like you, I hope to go to Australia on visit visa for the admission ceremony. After that I’ll be applying for the 189 Visa. Please tell me

1) isn’t the skilled occupation Solicitor rather than Barrister? Since one has to complete the Bar Practice Course and pass the bar to be a barrister.

2) After admission I hope to work in Australia until my PR is processed and approved. For this purpose should I apply for PR while in Australia (so I maybe granted a bridging visa) or from my home country. How did you do it?

3) Please tell me the steps from completion of PLT to admission. I was told my college of law that I can complete my 4 required subjects in 2 months in the least. I wanna do it as soon as I can. What documentation must I submit?

Thanks again

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  • 2 weeks later...
On 28/01/2019 at 16:23, LawyerAbroad said:

Brilliant. Congrats on getting it all together. It's an effort!

 

I didn't use any particular email, just the online portal for submission of questions ... https://www.une.edu.au/askune

 

On 27/03/2019 at 16:40, KC24 said:

Hi selfhelp, just wondering if you'd heard back from the admissions board (and which admissions board you applied to)?

Now that our visa application has been submitted (we went the spouse visa route), time to get the ball rolling with this! I've managed to track down all my course outlines (some more detailed than others) and I've drafted a detailed statement going through each of the 11 academic subjects. I see that the Uniform Principles require that if you're looking for any exemptions you need documentary evidence which is "corroborated by evidence from the applicant's employer, or other persons with whom the applicant has been associated with in practice".

What did you/LawyerAbroad do for this? I can get a supporting statement from former colleagues at my previous two firms, but obviously my current employer isn't yet aware of my plans. My former managing partner would be the best person to speak to both my experience and ability (if that's what they're even corroborating) but unfortunately my husband still works at that firm and I don't want to cause any issues for him while we wait for our visa (which could be up to 2 years away from being granted).

Thanks!

Hi all!

Sorry for the late response, been knee deep in trial preparations over the last month! I thought I would share the good news that I have FINALLY received a response from the LPAB. I had some issues with receiving a hardcopy of their letter which was issued all the way in February. They resorted to sending me a copy of the letter through e-mail. I've unfortunately missed the first trimester intake at UNE because of this. For anyone submitting an application now, I've been informed that one of the board's assessor is extremely ill at the moment and there is a backlog of applications waiting to be assessed.

Thanks to Lawyer Abroad's detailed account of how he went about with his application, I will only need to sit for 5 academic papers (from other forums I've read that I've gotten off pretty lightly with 5 modules) :- 

1) Administrative Law
2) Constitutional Law
3) Civil Dispute Resolution
4) Ethics
5) Evidence

It really does pay off putting in as much material as you can in support of your application for exemptions. Its a ton of effort but it will be worth it! 

To answer your question KC24, my current employers were kind enough to write a lengthy supporting statement. I have been very lucky that my employers have been very encouraging and supportive through this process. I think what helped in corroborating my experience and ability as well was annexing a copy of all the judgments in which I have litigated over the years. I hope this helps! 

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On 06/09/2018 at 18:01, LawyerAbroad said:
Hi guys,
 
This is my first time posting on the site. I've lurked in the background taking all your helpful advice and now I see an opportunity to put something back in. I'm a barrister in the UK and today I had the great news that my 189 application (and my partner's) has been granted. It's been quite a long haul. In fact, if there is a slower or more expensive way of getting a 189 visa I'd love to hear that story.
 
When I first considered applying for a 189 visa I really struggled to find anything other than generic information about the process of applying as a lawyer and no information at all about how much it might cost. So, if there is anyone who is a solicitor, a lawyer or barrister who is thinking about applying, I hope this (very) long list of hoops I've had to jump through leaves you more informed than I was going into the process.
 
Yes, it does mean re-qualifying. I got off pretty lightly having to do only 4 academic subjects and 2 practical subjects. Prepare a very thorough application for exemptions (I sent photocopies of the index to university text books, lecture handouts, etc that I found in my parents' loft to demonstrate the equivalence of the subjects I studied). This involves going back to university (it can be done by remote learning). Yes, that means lectures, tutorials, homework, coursework and exams. Yes, it does mean you will need to travel to Australia for a holiday to get admitted before you can even submit your Expression of Interest.
 
DON'T apply for conditional admission like I did. You won't get it and you'll have wasted your time and money. No, you don't need a Skills Assessment Letter. Your certificate of admission as a lawyer will suffice.
 
I've attached a spreadsheet showing the costs I've spent. In summary:
 
On further study: a little under £10,000
On the process of being admitted in Australia (excluding the study costs above): a bit over £4,000, although about £1,000 of the cost of flights was returning in Premium Economy.
On the fundamentals of making a visa application: over £5,000
 
Giving a grand total of: £19,078 over 2 years.
 
10.08.16 - Initial assessment of academic qualifications by LPAB received (Constitutional Law, Law of Associations, Legal Ethics, Practice & Procedure)
01.09.16 - Initial assessment of PLT (practical legal training) qualifications by LPAB received (One elective subject plus Commercial & Corporate Practice)
22.09.16 - Offered places on University of New England courses for academic subjects (distance learning)
05.10.16 - Applied for conditional admission as lawyer
24.10.16 - Started Corporations Law course
01.12.16 - Refused conditional admission by LPAB
20.02.17 - Started Constitutional Law course
23.05.17 - Constitutional Law exam
31.05.17 - Corporations Law exam
26.06.17 - Started Professional Conduct and Civil & Criminal Procedure courses.
13.08.17 - Commercial & Corporate Practice PLT oral assessment (College of Law)
11.09.17 - Commercial & Corporate Practice result
26.09.17 - Professional Conduct exam
27.09.17 - Civil & Criminal Procedure exam
20.10.17 - UNE academic results
10.11.17 - Final assessment of academic qualifications by LPAB
12.11.17 - Administrative Law PLT elective oral assessment (College of Law)
13.11.17 - Administrative Law PLT result
19.12.17 - Applied for unconditional admission as lawyer
06.02.18 - Application for admission approved by LPAB
23.03.18 - Admission ceremony in Sydney (Supreme Court of NSW)
05.04.18 - EOI submitted - Barrister ANZSCO 271111 (75 points)
08.04.18 - EOI updated
13.04.18 - Police checks requested
18.04.18 - Invited to apply for 189 visa
19.04.18 - Medicals booked
19.04.18 - Police checks prepared / dated
26.04.18 - Police checks received
09.05.18 - Medicals undertaken
16.05.18 - Medicals submitted to Australia by clinic
18.05.18 - Decision ready 189 application submitted
06.09.18 - Direct Grant
 
 I hope you find this useful!

Australia Costs copy.xlsx

this is very helpfull.

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1 hour ago, LawyerAbroad said:

Glad you have found it useful. Good luck with the process.

Yes, im on initial stage of preparation of documents for the initiat assessment of my qualifications. I am a practising lawyer for 13 years in the philippines. 8 years served as military lawyer, 3 years as Health Department Lawyer and 2 years as govt. public prosecutor. Any advice?

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  • 1 month later...
On 30/04/2019 at 16:24, Ymmij Losay said:

Any advice?

Just be sure to forensically set out everything you have done that is relevant to each component of the skills / knowledge required and explain why it is relevant. I don't think you can be criticised for too much information. I sent a lever arch of evidence!

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Wow what an amazing effort - Congratulations! Good to see that someone paid more than me lol. I paid about 27k AUD for the whole process including three years of enormous stress and dealing with various institutions and tests. 

All the best to your new life down under x

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Hello 

i’m Daniel from Brazil

i’m a barrister in Brazil and i’m willing to move to Australia through 189 visa.

different than most here, i dont intend to practice law there, my degree is going to be used only for points.

the questions I have are

will i have to take classes to have my qualification assessed? Even though I have no intention to practice ?

Brazil’s law is derived from civil law, not common law as in England and Australia, is that an problem for the whole process? Once again reminding that my goal is to gather points for the application.

thanks a lot

 

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For points, all you need is a qualification (in any discipline) assesed as comparable to an Australin degree.

That you do not intend tp practise, is irrelevant, you still need a positive pre-migration skills assessment in a qualifying skilled occupation.

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On 09/06/2019 at 21:33, Daniel mathias said:

will i have to take classes to have my qualification assessed? Even though I have no intention to practice ?

Hi Daniel,

You need to submit your qualifications to a State Legal Admissions Board. It will assess how closely related your existing academic qualifications and practical skills are to what are required of lawyers/law students in Australia. It will specify the additional subjects you need to study and it is likely you will be required to complete further study.

You do not need to study to get your qualifications assessed, that is a formality conducted by the SLAB. However, you will need to study to become admitted as a lawyer. It is only by being admitted as a lawyer that you will be able to demonstrate an occupation on the list. If you do not become admitted as a lawyer in Australia then you cannot apply for a 189/190 visa using Solicitor/Barrister as your specified occupation.

You do not need to obtain a separate skills assessment. Your Australian lawyer admission certificate is accepted in lieu of a skills assessment.

Good luck

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Quote

You do not need to study to get your qualifications assessed, that is a formality conducted by the SLAB.

SLAB do not asssess the comparability of overseas academic qualifications for immigration purposes.

This is undertaken by

https://internationaleducation.gov.au/services-and-resources/pages/qualifications-recognition.aspx

and was previously undertaken by the National Office for Overseas Skills Recognition (NOOSR).

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Hi there,

I'm new to this site and I have a question about the solicitor and barrister assessment. My husband has a master of law and has worked as a solicitor and barrister in our country. I'm the main applicant and my skill has been approved. Now, to increase the points we need for immigration, his skill must be assessed, but I don't know if anyone who is graduated and worked on the law in a non-English country would be certified or not? If positive, what documents are needed for the assessment?

Thanks for your help.

 

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On 30/04/2019 at 22:13, wrussell said:

You went about it the wrong way and paid far too much.

As a matter of interest, is your view about the route to get the 189 visa or becoming legally qualified in Australia?

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On 18/06/2019 at 17:26, Maryam said:

Now, to increase the points we need for immigration, his skill must be assessed,

Hi, to get a positive skills assessment as a solicitor or barrister your husband would need to be admitted as an Australian lawyer. That means going through the rigmarole of your husband having his legal qualifications compared to the legal qualifications that are required for admission to the Australian legal profession. It's certainly a costly and long process for getting those few extra points!

I don't think being a lawyer in a non-English speaking country is a bar to cross-qualifying. However, he may find that coming from a non-common law jurisdiction (such as France) means he has to study more subjects than a person who is a lawyer in a common law jurisdiction.

The documents required to cross-qualify are set out on the Legal Admissions Board website. Your husband would need to choose which jurisdiction in Australia he wants admitting to and take it from there.

I hope that helps and good luck.

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  • 3 weeks later...

Hi Lawyer Abroad! 

Thank you for your information. 

I also have trouble in deciding on which state/territory I should apply to for admission. Do you know if any state/territory is easier to get admitted? And if I apply to a particular state/territory does that later on limit my practice within that particular state/territory? 

Thanks!

Anthony 

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Hi...I am new to this group. I am an admitted legal practitioner at Supreme Court off NSW, Sydney , Australia. I was enrolled on 27.03.2019. I got admitted at Supreme Court of NSW through Trans tasman legislation. Because at first I was enrolled as a Barrister and Solicitor at High Court of Newzealand. I am a practicing lawyer at Supreme Court of Bangladesh.

I want to migrate to Australia. But I do not have much points. My only options are subclass 489 and Subclass 190. Can you please let me know whether I am able to apply for migration as a Barrister?  I came to know that LPAB can only assess me as a Lawyer/solicitor. They are unable to provide me any skill assessment letter for Barrister occupation. Because to practice as a barrister requires completion of Bar Reading course. Would anyone kindly  suggest me whether I am able to apply for Barrister occupation?

 

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