How does a Solicitor pass Skills Assessment?

[Guest Emma & Rob]

My wife and I are looking to get skills assessed for migration. It seems (relatively) easy for me, I'm and Engineer, but the trouble and strife seems to be having, well, trouble and strife - yet we need her skills assessed to gain 5 points for spouse matching skills.

 

Emma is a solicitor and it seems that she can't pass skills assessment without being admitted onto the roll in Aus. And to do that she has to live there - we're in the UK making the application and do not plan to move out there for another 12 months. All seems a bit odd - has any one else ran into this issue, and if so, what's the answer?

 

Thoughts and experiences appreciated.

 

Cheers,

 

Rob.

[Guest BrerRabbit]

Hi Emma & Rob, I'm a solicitor too and looked into this earlier in the year.

You're right about the working to be admitted although each state requirements vary so check out the state law society you're thinking of moving to - we're going to NSW. It's a catch 22 - you can send all your qualifications to get assessed but without work experience in the state, they're unlikely to 'pass' you and you'' need to sit at least constitutional law paper. that's all well and good if you have a work visa to get there in the first place!!

I'm fortunate that when we were filling out the visa application, with husband as applicant we only had enough points to go for the STNI visa and chose Victoria for the state nomination. Then the MODL list included carpenter which gave husband an extra 5 points meaning we could then apply for the unrestricted skilled independent visa. I intend finding work once we arrive and then applying for admission - you can work as a 'solicitor' without being admitted, they just call you something else like 'special counsel' (sounds better!!).

Maybe check out other visas to see if you can get in without needing the extra spouse points and then do your 'time' in the regional area and move on later.

Feel free to private message me if you want to chat some more,

cheers,

Zoe

8)

[Guest gemngeoff]

Hi there

 

I am in the same boat an am wondering if it is easy to fill postions if you aren't qualified?

 

I was looking at coming on a working holiday vosa and then to convert it to another visa.

 

I wonder how easy it is to find a firm to sponsor you?

 

I am also wondering if studying for the modules required in au would fall under a study visa?

 

Any help would be grately appreciated!

 

gemma

[Guest Gollywobbler]

My wife and I are looking to get skills assessed for migration. It seems (relatively) easy for me, I'm and Engineer, but the trouble and strife seems to be having, well, trouble and strife - yet we need her skills assessed to gain 5 points for spouse matching skills.

 

Emma is a solicitor and it seems that she can't pass skills assessment without being admitted onto the roll in Aus. And to do that she has to live there - we're in the UK making the application and do not plan to move out there for another 12 months. All seems a bit odd - has any one else ran into this issue, and if so, what's the answer?

 

Thoughts and experiences appreciated.

 

Cheers,

 

Rob.

 

Hi Rob (and Hi Emma as well!)

 

Welcome to Poms in Oz.

 

Rob - you are on the wrong track. DIAC have not made it easy for me to explain the whole thing to you but please bear with me.

 

The subclass 175 and sc 176 visas are "General Skilled Migration" visas. GSM visas rely on a points test instead of on visa sponsorship from an Australian employer.

 

The DIAC website leads you to believe that the best visa for you would be the subclass 175 visa, for which you need 120 points or more. Under the old policies, this used to be true.

 

However then Senator Chris Evans became the Minister for Immi in December 2007. Since December 2008, he has been trying to alter the emphasis completely with GSM visas. Nowadays he favours State sponsored GSM visas in subclass 176. The DIAC website does not explain this change in philosophy when it explains the different visas.

 

You are 5 points short for a subclass 175 visa, so your current total is 115 unless you can use Emma's skills as well. You can't use Emma's skills any more, because her occupation is not on the new SOL, which will become Law on 1st July 2010. The new SOL is here:

 

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/new-list-of-occupations.pdf

 

However, not being able to rely on Emma's skills in order to secure 5 extra points is irrelevant bacause what you want under the "reformed" regime is a State sponsored subclass 176 visa. You only need 100 points or above for a sc 176 visa and if you are State sponsored, the sponsoring State supplies 10 of those points, meaning that the visa applicant only has to find 90 points of his own, which you will do with ease, I would think.

 

So please just forget ALL the impressions that the DIAC website has given you so far, and just follow this post instead.

 

You have said that you are an Engineer but you have not said what type of engineer.

1. What type of engineer are you, please?

2. Is your type of engineering an occupation that is on the new SOL?

 

The Minister for Immi is no longer interested in the idea of you and Emma deciding which part of Oz you want to go to. As far as the Minister is concerned, either you go to a State that needs your type of Engineer or you will not get a visa for Australa at all. :policeman:

 

Therefore do you have any preference about which State(s) you would like to move to, please? If you do have preferences, which State(s) would you like?

 

Once you have decided which State(s) you would prefer, please send a completely blank e-mail to the addy below:

 

aspc.processing@immi.gov.au

 

Don't bother with a subject heading or any body text because the e-mail addy above merely sends you an auto-reply within about an hour.

 

The e-mail will explain the Minister's current order of priority for processing visa applications. The e-mail will show you that ideally, you want to move to a State where your type of engineering is on that State's State Migration Plan.

 

To show you how this works, let us assume:

a. Your type of engineering is on the new SOL **

b. You want to move to Perth, WA

c. Your type of engineering is on the SMP for WA

d. You get State sponsorship from WA and then apply for a sc 176 visa.

e. If a-d above all fall into place, the e-mail shows you that DIAC are expecting to process your visa application within 12 months of receipt of the application.

 

So - let us assume that you want to do what I've said in my example above. Logic says that you now need to check WA's SMP and think about how you are going to apply to WA for State sponsorship.

 

You cannot check any of the SMPs yet because none have been published. Originally DIAC said that they hoped that all the SMPs would be published on 1st July 2010, on the State's own Immigration Dept websites in each State. Thus, if you want to go to WA then you will need to check WA's SMP as soon as that document is published on WA's own Immi website. However the SMPs are not on the websites as yet. Nonetheless, the fast, reliable link to all of the State websites is below:

 

State and Territory Migration Sites - australia.gov.au

 

Officially, the States are saying nothing. Unofficially there are rumours that as of 2 weeks ago, the States had been unable to reach agreement with DIAC about what methodology each State is supposed to use in order to determine which occupations it should put on its SMP. Plainly, if they can't agree on the methodology then it will be very difficult to select the occupations.....

 

DIAC and the State Immi bosses now have a week left in which to sort this out. If they can't sort it out then publication of the SMPs will have to be delayed until it is all sorted out.

 

That is enough information for you to chew on for the moment, I think.

 

Is it all as clear as mud so far?

 

Cheers

 

Gill

i

[Guest gemngeoff]

Hi Rob (and Hi Emma as well!)

 

Welcome to Poms in Oz.

 

Rob - you are on the wrong track. DIAC have not made it easy for me to explain the whole thing to you but please bear with me.

 

The subclass 175 and sc 176 visas are "General Skilled Migration" visas. GSM visas rely on a points test instead of on visa sponsorship from an Australian employer.

 

The DIAC website leads you to believe that the best visa for you would be the subclass 175 visa, for which you need 120 points or more. Under the old policies, this used to be true.

 

However then Senator Chris Evans became the Minister for Immi in December 2007. Since December 2008, he has been trying to alter the emphasis completely with GSM visas. Nowadays he favours State sponsored GSM visas in subclass 176. The DIAC website does not explain this change in philosophy when it explains the different visas.

 

You are 5 points short for a subclass 175 visa, so your current total is 115 unless you can use Emma's skills as well. You can't use Emma's skills any more, because her occupation is not on the new SOL, which will become Law on 1st July 2010. The new SOL is here:

 

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/new-list-of-occupations.pdf

 

However, not being able to rely on Emma's skills in order to secure 5 extra points is irrelevant bacause what you want under the "reformed" regime is a State sponsored subclass 176 visa. You only need 100 points or above for a sc 176 visa and if you are State sponsored, the sponsoring State supplies 10 of those points, meaning that the visa applicant only has to find 90 points of his own, which you will do with ease, I would think.

 

So please just forget ALL the impressions that the DIAC website has given you so far, and just follow this post instead.

 

You have said that you are an Engineer but you have not said what type of engineer.

1. What type of engineer are you, please?

2. Is your type of engineering an occupation that is on the new SOL?

 

The Minister for Immi is no longer interested in the idea of you and Emma deciding which part of Oz you want to go to. As far as the Minister is concerned, either you go to a State that needs your type of Engineer or you will not get a visa for Australa at all. :policeman:

 

Therefore do you have any preference about which State(s) you would like to move to, please? If you do have preferences, which State(s) would you like?

 

Once you have decided which State(s) you would prefer, please send a completely blank e-mail to the addy below:

 

aspc.processing@immi.gov.au

 

Don't bother with a subject heading or any body text because the e-mail addy above merely sends you an auto-reply within about an hour.

 

The e-mail will explain the Minister's current order of priority for processing visa applications. The e-mail will show you that ideally, you want to move to a State where your type of engineering is on that State's State Migration Plan.

 

To show you how this works, let us assume:

a. Your type of engineering is on the new SOL **

b. You want to move to Perth, WA

c. Your type of engineering is on the SMP for WA

d. You get State sponsorship from WA and then apply for a sc 176 visa.

e. If a-d above all fall into place, the e-mail shows you that DIAC are expecting to process your visa application within 12 months of receipt of the application.

 

So - let us assume that you want to do what I've said in my example above. Logic says that you now need to check WA's SMP and think about how you are going to apply to WA for State sponsorship.

 

You cannot check any of the SMPs yet because none have been published. Originally DIAC said that they hoped that all the SMPs would be published on 1st July 2010, on the State's own Immigration Dept websites in each State. Thus, if you want to go to WA then you will need to check WA's SMP as soon as that document is published on WA's own Immi website. However the SMPs are not on the websites as yet. Nonetheless, the fast, reliable link to all of the State websites is below:

 

State and Territory Migration Sites - australia.gov.au

 

Officially, the States are saying nothing. Unofficially there are rumours that as of 2 weeks ago, the States had been unable to reach agreement with DIAC about what methodology each State is supposed to use in order to determine which occupations it should put on its SMP. Plainly, if they can't agree on the methodology then it will be very difficult to select the occupations.....

 

DIAC and the State Immi bosses now have a week left in which to sort this out. If they can't sort it out then publication of the SMPs will have to be delayed until it is all sorted out.

 

That is enough information for you to chew on for the moment, I think.

 

Is it all as clear as mud so far?

 

Cheers

 

Gill

i

 

 

Hi Gill- good advice there- i just wondered what you would recommend for me and my partner- we are so desperate to go and finding searching for an employer from the uk is impossible that we are thinking of going on a WHV and trying to find sponsorship.

 

My hubby works two professions, he works for barclays bank in business banking and also is an office and financial manger for a local council. We wondered how easily we could get a bank position or office manager job with sponsorship once over there?

 

or if there is a better option from here in the uk?

 

thanks

 

Gemma