RSMS timeline

[cc23]

Application declined. As I was a dependent on my partner's student visa at the time of application, apparently I was ineligible to apply for 857. I thought student visa counted as a qualifying visa, but apparently not the case if you are the dependent.

 

Probably could have applied for 119 and been fine. That's an expensive and disappointing mistake...

[Lovepreet]

Application declined. As I was a dependent on my partner's student visa at the time of application, apparently I was ineligible to apply for 857. I thought student visa counted as a qualifying visa, but apparently not the case if you are the dependent.

 

Probably could have applied for 119 and been fine. That's an expensive and disappointing mistake...

Sorry to hear that. Did you apply by an agent or by yourself ?

[Ashu]

 

Application declined. As I was a dependent on my partner's student visa at the time of application, apparently I was ineligible to apply for 857. I thought student visa counted as a qualifying visa, but apparently not the case if you are the dependent.Probably could have applied for 119 and been fine. That's an expensive and disappointing mistake...

HI GUYS,,, With BLESSING of GOD,,, GOT PR Today m very much happy,, very soon u I'll guys heard a good news,, GOOD LUCK 4 every one

[Lovepreet]

HI GUYS,,, With BLESSING of GOD,,, GOT PR Today m very much happy,, very soon u I'll guys heard a good news,, GOOD LUCK 4 every one

Congrats .. Could you plz share your timeline?

[cc23]

Sorry to hear that. Did you apply by an agent or by yourself ?

 

Just applied myself.. which I have come to regret dearly.

[coolsurdian1]

Application declined. As I was a dependent on my partner's student visa at the time of application, apparently I was ineligible to apply for 857. I thought student visa counted as a qualifying visa, but apparently not the case if you are the dependent.

 

Probably could have applied for 119 and been fine. That's an expensive and disappointing mistake...

 

sorry to hear that, i guess need to look forward, if the nomination is approved you can apply the visa and get your ma to explain to diac what the problem was and it will be processed quickly.

[kevander]

Hi guys.

 

PR granted today. 187 visa, DRC in Perth. Applied 27/2/2013, 8 weeks ago today!

[coolsurdian1]

Hi guys.

 

PR granted today. 187 visa, DRC in Perth. Applied 27/2/2013, 8 weeks ago today!

 

​Congrats buddy that was quick

[blossom]

Application declined. As I was a dependent on my partner's student visa at the time of application, apparently I was ineligible to apply for 857. I thought student visa counted as a qualifying visa, but apparently not the case if you are the dependent.

 

Probably could have applied for 119 and been fine. That's an expensive and disappointing mistake...

I'm so sorry to hear that. :-(

There have been a couple of people refused while on student visas. I was also of the impression that you could apply while on a student visa. Don't feel too bad, the other couple of people who were refused used an agent (the same one) and they didn't realise either.

I totally recommend George Lombard or go Matilda to work out what your best plan of action is now. Are you still on a current visa, or are you on a bridging visa?

[BevCork]

Just wondering if anybody has got an updated 'automated response' from immigration, interested to know where Perth are at now. Last time I heard was at the beginning of April and it was 7 May for RSMS, but it seemed to have been stuck on that date for a long time :confused:.

[cc23]

I'm so sorry to hear that. :-(

There have been a couple of people refused while on student visas. I was also of the impression that you could apply while on a student visa. Don't feel too bad, the other couple of people who were refused used an agent (the same one) and they didn't realise either.

I totally recommend George Lombard or go Matilda to work out what your best plan of action is now. Are you still on a current visa, or are you on a bridging visa?

 

Thanks Blossom,

 

Got a 457 visa sorted a few weeks ago, so I'm ok there. Just have to decide where to go next. Pretty disheartened at the moment, so I'll probably reassess the whole PR situation once I've had a chance to clear my head and get over the initial disappointment.

[blossom]

Thanks Blossom,

 

Got a 457 visa sorted a few weeks ago, so I'm ok there. Just have to decide where to go next. Pretty disheartened at the moment, so I'll probably reassess the whole PR situation once I've had a chance to clear my head and get over the initial disappointment.

Yer, totally understand. At least you are not having to leave and have time to regroup.

​On the positive side, if that was the only reason for refusal then at least you know you can apply again.

[Eaglet]

Thanks eaglet, that is very interesting, especially the reputation of agent bit. When mine phoned up to ask if my file had been counted at drc they said no, it was a mistake, they would now process it as drc. One hour later I had a co, an hour after that a visa. I'm guessing he must have a very good reputation then.

Yes, cases prepared by a proper MA could be processed faster, if the MA has a good credbility and trackable relationship with the DIAC. They presume that the MA won't do dodgy moves to ruin its good will... At the end of the day, it's all about trust.

[ginz]

msg copied frm hrbrt372

 

 

The auto-response email was updated yesterday and it shows their strategy on handling the cases. It looks like they will no longer show the current processing period so we will never know how far are they on allocating cases. We will just have to rely on updates from the members ...so please post any updates you receive.

 

PS: It was also made clear that they are not obliged to reply on our e-mails. =x

 

 

***excerpt from the auto-response email***

 

We will no longer be publishing allocation dates by processing centre as we are using a number of strategies to manage the caseload more efficiently. Generally we are managing allocations via the following:

 

Priority 1: Decision Ready, complete applications in ANSCO 1 & 2 occupations (by date of lodgement)

Priority 2: All other Decision Ready applications (by date of lodgement)

Priority 3: ANSCO occupations 1 & 2 requiring further documentation (by date of lodgement)

Priority 4: All other applications by date of lodgement

 

...Contact by the case officer is by no means automatic or required under legislation.

[MTR980]

Application declined. As I was a dependent on my partner's student visa at the time of application, apparently I was ineligible to apply for 857. I thought student visa counted as a qualifying visa, but apparently not the case if you are the dependent.

 

Probably could have applied for 119 and been fine. That's an expensive and disappointing mistake...

 

 

CC23, i am also secondary applicant and applied for 857 while I was a dependent on my partner's student visa at the time of application.we have applied through agent and my agent didnt mentioned anything like this. its a big investment in terms of time (1 year + stress+ money).

 

I have to check with my agent,but just not sure about the visa conditions on your student dependent visa,if your student dependent visa has condition of no further stay,then you should not have applied onshore but if there is no condition of "no further stay" then i am already in shock.

 

Best of Luck

[MTR980]

I'm so sorry to hear that. :-(

There have been a couple of people refused while on student visas. I was also of the impression that you could apply while on a student visa. Don't feel too bad, the other couple of people who were refused used an agent (the same one) and they didn't realise either.

I totally recommend George Lombard or go Matilda to work out what your best plan of action is now. Are you still on a current visa, or are you on a bridging visa?

 

 

Hi Blossom79,

 

i think you misunderstood his post. he was on student dependent visa, not on student visa. student visa is qualifying visa for RSMS, the time me & my partner lodged application,she was on student visa and i was on student dependent visa. exactly same situation like CC23.

 

I am not certain,but my guess is that CC23 was having condition of NO FURTHER STAY on his student dependent visa which he didn't realize.I hope its that way otherwise i will b in same condition.

 

CC23, it will be great if you can just post "student dependent visa conditions" here like 8504 , 8503 and so on.

 

​GOOD LUCK

[blossom]

No I didn't. The person as the dependent has the exact same visa number and restrictions as the main applicant (other than the working full time in holidays). It isn't a different visa. If one person has no further stay then so does everyone on the visa. Have a good look at your visa issue email and you will see.

The other two people who got refused were on their own student visas and did not have no further stay conditions.

One of them did list the number of the immigration act they were told it fell under, but all I could find for that number was stuff about New Zealand citizens. They assured us that neither of them where New Zealand citizens.

I totally get why you are wanting to think this case is different to yours, I couldn't believe it when the first people got turned down either. I also came on a student visa and was totally under the impression that you could apply from that visa. I was on the 485 by the time I applied.

It would be great if we could work out exactly what the problem is, as cc23 is the third person to have the same refusal reason, where as far as we know there should be no reason for it.

Cc23, did they give you a number for the condition in the immigration act for your refusal?

[cc23]

Hi Blossom79,

 

i think you misunderstood his post. he was on student dependent visa, not on student visa. student visa is qualifying visa for RSMS, the time me & my partner lodged application,she was on student visa and i was on student dependent visa. exactly same situation like CC23.

 

I am not certain,but my guess is that CC23 was having condition of NO FURTHER STAY on his student dependent visa which he didn't realize.I hope its that way otherwise i will b in same condition.

 

CC23, it will be great if you can just post "student dependent visa conditions" here like 8504 , 8503 and so on.

 

​GOOD LUCK

 

Hi MTR980, thanks for your input. Looking at my visa label, the conditions listed on my student dependent visa are as follows:

8104 Work limitation (It was a higher education visa 573, so in this case I could work unlimited hours)

8501 Health cover

8516 Must maintain eligibility

8518 Education arrangements (only applies if you are under 18, so not applicable)

 

That's it. I think those are all the standard ones anyway. There wasn't a 'no further stay' condition on the visa.

 

I really hope that you do not end up in the same situation. An excerpt from the decision letter is below - I've read it over and over and it sounds like I would have had to completed the same course as my partner to be eligible, which defies all logic if you ask me. If you find out anything from your agent in relation to your application, it would be great if you could post it here.

 

Policy states that members of the Class TU visa holder’s family unit can seek to satisfy the

Subclass 857 visa primary criteria if they meet all of the requirements outlined above. That is

the member of the family unit who is seeking to satisfy the Subclass 857 visa primary criteria

must have completed at least a diploma award course relevant to their current student visa. In

other words, the member of the family unit seeking to satisfy primary criteria must have

completed the same course for which the primary applicant was granted their visa.

[blossom]

Wow, that is crazy. Surely if you qualify, you qualify, no matter what visa you are on.

[cc23]

No I didn't. The person as the dependent has the exact same visa number and restrictions as the main applicant (other than the working full time in holidays). It isn't a different visa. If one person has no further stay then so does everyone on the visa. Have a good look at your visa issue email and you will see.

The other two people who got refused were on their own student visas and did not have no further stay conditions.

One of them did list the number of the immigration act they were told it fell under, but all I could find for that number was stuff about New Zealand citizens. They assured us that neither of them where New Zealand citizens.

I totally get why you are wanting to think this case is different to yours, I couldn't believe it when the first people got turned down either. I also came on a student visa and was totally under the impression that you could apply from that visa. I was on the 485 by the time I applied.

It would be great if we could work out exactly what the problem is, as cc23 is the third person to have the same refusal reason, where as far as we know there should be no reason for it.

Cc23, did they give you a number for the condition in the immigration act for your refusal?

 

"...did not complete the award course at diploma level or above for while holding her student visa for which the primary applicant was granted, and therefore does not meet 857.212(6) "

[blossom]

That is the same number the other people were given. It seems it covers quite a few things, none of which are very easy to work out. :-(

[SonicBlue82]

msg copied frm hrbrt372

 

 

The auto-response email was updated yesterday and it shows their strategy on handling the cases. It looks like they will no longer show the current processing period so we will never know how far are they on allocating cases. We will just have to rely on updates from the members ...so please post any updates you receive.

 

PS: It was also made clear that they are not obliged to reply on our e-mails. =x

 

 

***excerpt from the auto-response email***

 

We will no longer be publishing allocation dates by processing centre as we are using a number of strategies to manage the caseload more efficiently. Generally we are managing allocations via the following:

 

Priority 1: Decision Ready, complete applications in ANSCO 1 & 2 occupations (by date of lodgement)

Priority 2: All other Decision Ready applications (by date of lodgement)

Priority 3: ANSCO occupations 1 & 2 requiring further documentation (by date of lodgement)

Priority 4: All other applications by date of lodgement

 

...Contact by the case officer is by no means automatic or required under legislation.

 

 

Hi everyone,

 

Could someone please help me understand what they mean by "applications in ANSCO 1 & 2 occupations" ?? With the RSMS visa, the nominated position must be an occupation that is classified at skill level 1 to 3 in the Australian and New Zealand Standard Classification of Occupations for Direct Entry stream. So for instance, my ANSZCO code is 141999 for Accommodation and Hospitality Manager nec. So what exactly do they mean by "ANSCO 1 & 2" ?? Are they referring to the skill level?

[blossom]

As far as I know the number at the beginning of your anzsco code is what they mean. So you would be in group one. I was in group three. There used to be a much easier to understand list but I can't find it (but didn't look for long).

[MTR980]

Hi MTR980, thanks for your input. Looking at my visa label, the conditions listed on my student dependent visa are as follows:

8104 Work limitation (It was a higher education visa 573, so in this case I could work unlimited hours)

8501 Health cover

8516 Must maintain eligibility

8518 Education arrangements (only applies if you are under 18, so not applicable)

 

That's it. I think those are all the standard ones anyway. There wasn't a 'no further stay' condition on the visa.

 

I really hope that you do not end up in the same situation. An excerpt from the decision letter is below - I've read it over and over and it sounds like I would have had to completed the same course as my partner to be eligible, which defies all logic if you ask me. If you find out anything from your agent in relation to your application, it would be great if you could post it here.

 

Policy states that members of the Class TU visa holder’s family unit can seek to satisfy the

Subclass 857 visa primary criteria if they meet all of the requirements outlined above. That is

the member of the family unit who is seeking to satisfy the Subclass 857 visa primary criteria

must have completed at least a diploma award course relevant to their current student visa. In

other words, the member of the family unit seeking to satisfy primary criteria must have

completed the same course for which the primary applicant was granted their visa.

 

 

Hi CC23 AND BLOSSOM79,

 

 

DIAC talking about fulfilling the primary criteria in above paragraph which means the primary applicant not the secondary. Now what i understood from all this is that may b CC23 "was the primary applicant" and his partner was "secondary applicant". please confirm who's name was first on ack. letter. if yours that mean you have applied as primary applicant which should be your partner.

 

also check on ack letter what is client name? yours or your partner?

[MTR980]

"...did not complete the award course at diploma level or above for while holding her student visa for which the primary applicant was granted, and therefore does not meet 857.212(6) "

 

 

if the above mentioned is from decision letter,then it clearly shows that primary applicant didn't finished his/her course before she/he lodged the application.what i remember is before we lodged the application my agent told my partner to submit letter from her school stating that she finished her course already.

 

I am also posting photo of my student dependent visa condition and subclass. it was SUBCLASS S346 , SUBLCASS 572. BUT key point my partner did finished

her course before we applied for 857 and provided letter from institute.

 

 

 

.