In serious trouble with onshore application

[User Name]

Hi guys,

 

Someone please give me an advice.

 

I am on student visa, finished my course (IT degree) in 23 december 2009.

 

My visa expires 15 March 2010.

 

I applied for my ACS on 11th Jan 2010, got a confirmation email that they got my application. Since then its been "to be allocated" and I doubt I'll get it before my visa expires.

 

My plan was that I would apply for 485 and use its bridging visa until my skills app comes in then lodge my 885/886 visa. Now here is where problem begins.

 

It says in DIAC website that to apply for 485, I need IELTS score of 7 in each component. I just got my IELTS and it was 7, 6.5, 7.5 and 8.5. The writing part screwed me up and now I cant apply for 485.

 

All I see now is a dead end. I can try to appeal my writing score but that will take 6 weeks max and I only got like 2 and half and it may not go up.

 

I need to stay in the country to apply for 886 visa (885 is out of the window) long enough for the skill app to come through.

 

Any idea would be appreciated.

Thanks.

[rammygirl]

Why not re-sit the IELTS? Do more practice first though. Quicker than a remark.

[User Name]

Why not re-sit the IELTS? Do more practice first though. Quicker than a remark.

 

They get booked a month or so in advanced. Next test is like 20th march and results take 2 weeks to come out. I only got just over 2 weeks of visa left.

[Welshtone]

Only competent English is required at time of application for the 485 visa - Competent English means holding a particular passport e.g. British, OR having sat an IELTS within the 2 year period prior to making the 485 application, with minimum 6 scores in each of the four components. Proficient English requires minimum 7s.

 

Regards

 

 

Tony Coates

[User Name]

I dont hold a passport from the eligible countries hence this visa option is out I guess. Is there any other visas that I can go for?

[Welshtone]

I dont hold a passport from the eligible countries hence this visa option is out I guess. Is there any other visas that I can go for?

 

But you only need to prove Competent English - a minimum of 6 in each and you have done this ???

 

Regards

 

Tony Coates

[User Name]

But you only need to prove Competent English - a minimum of 6 in each and you have done this ???

 

Regards

 

Tony Coates

 

Yeah I got Reading 7.5, writing 6.5, speaking 8.5 and listeninng 7.0. Over score is 7.5.

This is competent I am guessing (coz of 6.5 in writing).

[User Name]

But you only need to prove Competent English - a minimum of 6 in each and you have done this ???

 

Regards

 

Tony Coates

 

Yeah I got Reading 7.5, writing 6.5, speaking 8.5 and listeninng 7.0. Over score is 7.5.

This is competent I am guessing (coz of 6.5 in writing).

 

But I hold a passport from India, can I still apply with this?

[Welshtone]

It is acceptable passport OR/OR score of minimum 6 in recent IELTS test. You can apply for 485 with the IELTS score you have mantioned. For a successful 485 application you must also meet many other requirements like provide evidence with your application that all applicants have made arrangements to undergo a medical examination and all applicants aged 16 and over have applied for an AFP clearance within the 12 month period prior to the 485 application.

 

Regards

 

 

Tony Coates

[User Name]

It is acceptable passport OR/OR score of minimum 6 in recent IELTS test. You can apply for 485 with the IELTS score you have mantioned. For a successful 485 application you must also meet many other requirements like provide evidence with your application that all applicants have made arrangements to undergo a medical examination and all applicants aged 16 and over have applied for an AFP clearance within the 12 month period prior to the 485 application.

 

Regards

 

 

Tony Coates

 

Many many thanks Tony. I was under the (wrong) impression that if you have non-eligible passport you need 7, and if you have eligible passport 6 would suffice. Thanks for helping me out. Almost had a heart attack over it!

[Guest frengky]

Hi All,

This is a great forum! well done!.

 

I got problem with my onshore application for visa 886 (based on accounting degree).

Here is the story:

1. submitted application early March 2008, didnt hear from them until Dec 2008.

2. they requested my EILTS test. Have sat twice (Feb08 and July08) by Dec 2008. Both have 5 or 5.5 in on one of the subject (total score = 6)

3. in email correspondences with the case officer, i advised that i have one 5 or 5.5. Also express my understanding of EITLS requirement. i.e 6 across all subjects. and would like to sit for another EILTS test in overseas (nothing available in australia at that time)

4. case officer replied and advised that i am required to have 'competent english' - and request to submit EILTS result from Feb 08 (at this stage, the case officer cleary know my EILTS test result).

5. I submitted the EILTS result, assuming it is sufficient for the visa 886 application. after all the overall result is COMPETENT.

5. early 2009, visa NOT granted. Reason is did not have a competent english.

6. i then appealed to MRT.

7. just received letter from MRT, to attend a tribunal hearing.

 

So, can someone please advise what my chances are? and what arguments should I bring to the tribunal?

 

From my understanding, I am allowed to re-sit the EILTS test as often as I can until I have satisfactory results. especially with the rules back in early 2008.

On the day of rejection email. I called DIMIA and spoke to one of the supervisors there. He said, that is true but it has to be within the time frame.

I asked, what is the time frame? the supervisor didnt answer, he kept repeating the same thing.

"it has to be within the timeframe"

 

Appreciate your advise.

 

Thank you.

Frengky

[Guest punita]

Hi Frengsky,

 

my friend had the same problem and she applied to MRT for hearing. She was rejected cos of not having competent english. While she applied in MRT, she took another exam to get 6 band in EVERY MODULE which is competent ( not overall). She got her residency after appealing to MRT and a wait of 9 months.

[Welshtone]

Hi Frengky

 

The requirement for competent English comes uner the heading if "criteria to be satisfied at time of application" - Thus DIAC would refeuse any applicant (who did not hold an acceptable passport) who had not sat for an IELTS test prior to application And had not achieved the required minimum 6 score. A later IELTS test could be accepted when it came to assessing the points test.

 

This may now all be turned on it's head with a recent High Court decision - Berenguel, which addresses whether a heading in Schedule 2 of the regulations is enough, in isolation, to mean that a criterion must be met at time of decision. see Berenguel v Minister for Immigration and Citizenship [2010] HCATrans 41 (5 March 2010)

 

So the Berneguel may get you out of serious trouble BUT only if you now have an IELTS result of at least 6 in EACH of the 4 components. If you do not, then it is last chance cafe and you need to book one final test asap and see if MRT will delay your hearing until after your new test date.

 

I should add, you should be getting some serious professional advice on this in Australia, preferably from a legally trained Registered Migration Agent.

 

Regards

 

 

Tony

[Guest frengky]

Thanks Punita and Tony.

 

I have indeed sat for another EILTS test. Hope I get better mark this time.

 

Thanks again for you replies.

 

Frengky

[Guest frengky]

Hi Tony, Would you know any migration agents that based in Sydney?

 

Cheers.

Frengky

[Guest syncsam]

George Lombard

[Welshtone]

He's the man.

 

Tony