Is there such a thing as an offshore bridging visa?

[lsbc1976]

We have applied for a 119 rsms. Our fear is that our employer will grow impatient if the six month wait for this is true.

 

Is there anyway to get over and begin work while waiting our permenant visa.

We are both 34.

[Welshtone]

No, you have to be in Australia when you apply for a visa that can be granted while you are in Australia to gain a Bridging Visa. The free 119 application for 175/176 applicants can only be approved if you hold a Diploma level or higher qualification - so make sure you are not going down a time-wasting dead end with that one.

 

Regards

 

 

Tony

[lsbc1976]

oh did a vetassess qualification so he has a AQFIII

[Welshtone]

So he has not got a Diploma (NVQ 4) or higher qualification so cannot be approved if he makes a free 119 application ?

 

Tony

[lsbc1976]

Hi im not sure i understand what you mean. Ive been all through book 5 and the application form and cant find anything saying his qualification isnt enough

 

From application form

you must have relevent qualifiactions that are equivelent to an Australian Trade, diploma or higher qualification unless exceptional circumstances apply.

 

So from what we have understood all along the AQFiii is an australian trade qualification

 

From booklet 5

you have a relevant Australian equivalent diploma or higher qualification, unless you

can demonstrate exceptional circumstances apply. A trade qualification is considered,

under departmental policy, to be the equivalent of a diploma qualification for ASCO

major group 4 occupations.

 

I cant see anything that says we wouldnt get a fee free transfer, am i missing it???

[Welshtone]

To be honest, I have not looked at any booklet for many years as they are not always accurate on technical points. I would not think there is anything in the booklet that even mentions the free application for those who have applied for a 175/176 visa already. If there is, it should also say that you must also have at least a Diploma qualification. I go by the regulations and they are clear:

 

121.210

For an applicant who has been nominated by an employer for an appointment in the business of that employer, and who is mentioned in subparagraph 1114(2)(a)(ii):

(a) the applicant was less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and

(b) the applicant has competent English; and

© the applicant has a diploma (within the meaning of subregulation 2.26A(6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment.

 

Exceptional can only get you around the relevancy requirement, there is no discretion on the requirement to hold a diploma level qualification or higher. If you do not have an agent, get your employer to contact the ENS processing centre nearest them to confirm.

 

Regards

 

Tony

[lsbc1976]

To be honest, I have not looked at any booklet for many years as they are not always accurate on technical points. I would not think there is anything in the booklet that even mentions the free application for those who have applied for a 175/176 visa already. If there is, it should also say that you must also have at least a Diploma qualification. I go by the regulations and they are clear:

 

121.210

For an applicant who has been nominated by an employer for an appointment in the business of that employer, and who is mentioned in subparagraph 1114(2)(a)(ii):

(a) the applicant was less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and

(b) the applicant has competent English; and

© the applicant has a diploma (within the meaning of subregulation 2.26A(6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment.

 

Exceptional can only get you around the relevancy requirement, there is no discretion on the requirement to hold a diploma level qualification or higher. If you do not have an agent, get your employer to contact the ENS processing centre nearest them to confirm.

 

Regards

 

Tony

 

Ours is an RSMS is that the same regulations?

[Welshtone]

Sorry, is worse for RSMS as even the paid for 119 requires a diploma unless there are exceptional circumstances:

 

119.211 (3) If subclause (2) does not apply, either:

 

(a) if the applicant is mentioned in subparagraph 1114(2)(a)(ii) of Schedule 1 — the applicant:

(i) is less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and

 

(ii) has competent English; and

 

(iii) has a diploma (within the meaning of subregulation 2.26A(6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or

 

(b) in any other case — unless exceptional circumstances apply, the applicant:

(i) has not turned 45; and

 

(ii) has functional English; and

 

(iii) has a diploma (within the meaning of subregulation 2.26A(6)) or higher qualification, that is relevant to the appointment.

 

So the Diploma requirement can only be waived if you pay the full fee for the RSMS visa application and I think DIAC are not too keen to waive the requirement for trades that are not on the current CSL.

 

My knowledge on ENS/RSMS is more technical than practical so check this out thoroughly with DIAC in Australia, quite often they go against their own regulations.

 

Regards

 

 

Tony

[lsbc1976]

Cheers have emailed diac to enquire if the Vetassess aqfiii joinery is adequate

[lsbc1976]

Got a reply from diac saying to contact vetassess:confused:

 

last time i was in this situatuion i contacted vetassess and they told me to contact diac. i can see this being a long road.

 

:arghh:

[Welshtone]

Did you specifically ask whether an AQF Cert III was sufficient to avail of the free 119 application on the basis of having already applied for a 175/176 visa ?

 

Regards

 

 

Tony

[lsbc1976]

yes i did

[Guest JK2510]

Hi,

 

!Im sorry i dont know the answer but i would be interested in knowing it!!

Come to think of it i dont know alot!!:laugh::laugh:

[Welshtone]

yes i did

 

Then DIAC are idiots - it is nothing to do with VETASSESS, it is a question on their own migration regulations. Even if they understand the question, there is no gurantee that you will get a correct answer anyway. Best thing is to get the emplyer or for you to ring the processing area in Perth.

 

Regards

 

Tony

[Guest Gollywobbler]

Hi Lsbc and Tony

 

Rightly or wrongly (probably the latter) my feeling is that this thread is becoming unnecessarily complicated.

 

As lsbc has quoted, Booklet 5 states:

 

Fee-free visa application

You may be eligible to make a fee-free application for an ENS or RSMS visa if an

employer has lodged an employer nomination specifying you as the nominee and you

have a valid application for one of the following General Skilled Migration visas:

That statement appears at the top of Page 8 of Booklet 5, which then goes on to list Class VE, and and Booklet 5 is here:

http://www.immi.gov.au/allforms/booklets/1131.pdf

 

Booklet 5 definitely mentions the fee-free arrangements, which is exactly what lsbc is seeking.

In the burble about the employer certifying the position to the RCB, which is on Page 22 of Booklet 5, the booklet states:

unless the appointment is exceptional, the work to be performed in the nominated

position requires the appointment of a person with a relevant Australian equivalent

diploma or higher qualification, which is equivalent to any occupation within ASCO

major group 1–4 (a trade qualification is considered, under departmental policy, to be

the equivalent of a diploma qualification for ASCO major group 4 occupations).

Employers who are seeking approval of occupations outside ASCO major group 1–4

must provide a detailed submission explaining why they believe the appointment

should be approved as exceptional.

 

The italics are mine. I don't believe that lsbc needs to ask anybody anything because Booklet 5 spells out what she needs to know, it seems to me.

On Page 23, the Booklet goes on to repeat the above situation when explaining how a CO assesses a visa application for an RSMS visa. It says:

you have a relevant Australian equivalent diploma or higher qualification, unless you

can demonstrate exceptional circumstances apply. A trade qualification is considered,

under departmental policy, to be the equivalent of a diploma qualification for ASCO

major group 4 occupations.

 

It is not possible for the Department to be clearer than this, surely?

 

Tony - you have quoted the Regulations but have you also looked in the PAMS about this, please? When the Booklet 5 talks about Trade qualifications so very clearly, I reckon that DIAC's Policy with regard to the AQF III certificate for a tradie is likely to be in the PAMs?

 

Cheers

 

Gill

[lsbc1976]

Thanks Gill, im lost in the blurb again though:biggrin:

 

Do you mean i was correct in the way i interpreted book 5 in the first place and that the vetassess trade qualification is sufficient .

[Welshtone]

Hi Gill

 

The PAM on the payable 119 RSMS visa says that a trade certificate, for RSMS purposes, is considered to be a Diploma level qualification. This obviously is an unlawful policy and has been found to be so by the MRT. So the payable 119 tradies now have to be assessed against exceptional and DIAC has said that unless your trade is on the CSL or other exceptional circumstances are demonstrated, they will not approve.

 

Then you have the free 119 which does not even allow for the waiver of the diploma requirement, period.

 

So there are two technical obstacles for tradies going via a free 119 RSMS. The free 121 ENS only has one obstacle, the need for a diploma.

 

Don't draw me into a discussion on those booklets - I have utter contempt for them.

 

Regards

 

 

Tony

[Guest Gollywobbler]

Hi Tony

 

I don't know what the MRT says - I've only read Booklet 5 and Booklet 5 seems to say:

 

1. If you have applied for a GSM visa then you can apply for an RSMS visa for free;

 

and

 

2. If you have nominated a trade skill in Group 4 of ASCO then your AQF III or equivalent overseas Trade skill qualification will be deemed to be the equivalent of an AQF Diploma for both of the ENS and RSMS visas. This is so because although DIAC's Policy might conflict with the Regulations, Policy has rescued the position.

 

I don't know how Policy fares vis-a-vis the MRT because Booklet 5 does not say.

 

However DIAC say that the AQF Cert III is perfectly acceptable for their Policy, so have DIAC decided simply to ignore a contrary finding by the MRT?

 

Cheers

 

Gill

 

PS: Booklet 5 does not split hairs between payable and fee-free applications and it does not talk about the Trade skill Cert 111 or equivalent being an exceptional circumstance. It simply says only that you can rely on the Trade qualification and it is silent beyond that.

 

I have a feeling that the thing that DIAC are moaning about with the onshore Students is the lack of work experience or something along those lines. I haven't actually read the forms involved for the applicant's visa application for the sc 457 or for either of the ENS & RSMS visas. However my impression is that 3 years' work experience seems to be relevant?

 

For the ENS or RSMS visa you could say that the applicant has spent 2 years on a sc 457 visa in Oz. However as I understand it, people have by-passed the sc 457 by claiming exceptional circumstances because the occupation is on the MODL. DIAC seem to be saying that now that the MODL has been scrapped they won't accept any arguments that rely on the MODL. However the CSL has not been scrapped - not that there are any Group 4 occupations on it, as far as I know.

 

I am not sure how the argument with the MODL is supposed to have worked - George merely mentioned in the "Agents Only" thread that whatever the argument was, DIAC have decided to block it.

[Welshtone]

Hi Gill

 

In this circumstance, the policy is in contradiction to the regulation and was clearly unlawful. Of course, as the policy was in favour of applicants. nobody complained. DIAC is not bound by MRT decisions but now that the MRT has highlighted such an obvious illegality, DIAC cannot knowingly and openly flout their own law. They should have their policy in the regulation and change it to Trade certificate or diploma or higher qualification - if that is what they want. As I said, there is a possible waiver of the Diploma requirement but not with the free application. The current policy is to waive for occupations on the CSL.

 

Regards

 

 

Tony