blossom Posted April 25, 2013 Share Posted April 25, 2013 Yes that's right mtr980. But there must be many occasions where the partner of a student visa is also eligible for another type of visa. There is nothing to indicate that this is not possible (unless you read the actual act, which is not easy reading). It was actually suggested to me by an agent to come on a student visa with my partner studying, and then for me to find an employer in my field and apply for an rsms while he was still studying. Thinking back though, I'm a bit hazy on if they said it would have to be an offshore visa or not. I don't think they did, but that was over five years ago now, so it is possible. I wonder how it would work for a visa applied for now, as there is no longer an off shore option? Quote Link to comment Share on other sites More sharing options...
blossom Posted April 25, 2013 Share Posted April 25, 2013 New subclause 857.212(6) provides that the applicant satisfies the requirements of this subclause if. * he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at associate diploma level or above completed by the applicant while he or she was the holder of that visa and, subject to new subclause 857.212(8) inserted by these Regulations, is not an assisted student; or * he or she is : - the holder of a Group 2.2 (student) entry permit granted under the Migration (1993) Regulations in relation to a formal course or category A course, which was completed by the applicant while he or she was the holder of that permit; and - is not a category B student for the purposes of the Migration (1993) Regulations or, subject to new subclause 857.212(8), is not an "assisted student". This is the info on that refusal point. It seems pretty clear that they expect the main applicant to have been the person studying. Madness. Quote Link to comment Share on other sites More sharing options...
MTR980 Posted April 25, 2013 Share Posted April 25, 2013 Yes that's right mtr980. But there must be many occasions where the partner of a student visa is also eligible for another type of visa. There is nothing to indicate that this is not possible (unless you read the actual act, which is not easy reading). It was actually suggested to me by an agent to come on a student visa with my partner studying, and then for me to find an employer in my field and apply for an rsms while he was still studying. Thinking back though, I'm a bit hazy on if they said it would have to be an offshore visa or not. I don't think they did, but that was over five years ago now, so it is possible. I wonder how it would work for a visa applied for now, as there is no longer an off shore option? Exactly, my agent also told my partner either provide letter from school stating that she finished her course already or apply offshore. Only CC23 can confirm whether his partner finished the course at the time of application or they applied while his parter was studying. few weeks ago i received email from agent (DIAC ADMIN TEAM) asking for BAS, AND ABN DETAILS, which we submitted and heard nothing after that. called DIAC twice and they told me no case officer yet. just wait and you will be notified if we require any further details. Just praying all get their visas, because i can feel life is hanging no where for last 10 months. Quote Link to comment Share on other sites More sharing options...
MTR980 Posted April 25, 2013 Share Posted April 25, 2013 New subclause 857.212(6) provides that the applicant satisfies the requirements of this subclause if. * he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at associate diploma level or above completed by the applicant while he or she was the holder of that visa and, subject to new subclause 857.212(8) inserted by these Regulations, is not an assisted student; or * he or she is : - the holder of a Group 2.2 (student) entry permit granted under the Migration (1993) Regulations in relation to a formal course or category A course, which was completed by the applicant while he or she was the holder of that permit; and - is not a category B student for the purposes of the Migration (1993) Regulations or, subject to new subclause 857.212(8), is not an "assisted student". This is the info on that refusal point. It seems pretty clear that they expect the main applicant to have been the person studying. Madness. Just for my understanding i will simplify the above this way. 1. Student to qualify for 857RSMS must have completed the course on particular student visa before he/she lodged the application. 2. Student WILL NOT qualify for 857RSMS if he/she is on student visa which was granted in regards to previous completed course. eg student coming to attend uni ceremony or things like that. 3. Student WILL NOT qualify for 857RSMS if he/she is on "assisted student" visa. Quote Link to comment Share on other sites More sharing options...
blossom Posted April 25, 2013 Share Posted April 25, 2013 It says the course must have been completed by the applicant. Even if the partner has completed the course, they are not the applicant for the rsms visa. Quote Link to comment Share on other sites More sharing options...
cc23 Posted April 25, 2013 Share Posted April 25, 2013 Exactly, my agent also told my partner either provide letter from school stating that she finished her course already or apply offshore. Only CC23 can confirm whether his partner finished the course at the time of application or they applied while his parter was studying. few weeks ago i received email from agent (DIAC ADMIN TEAM) asking for BAS, AND ABN DETAILS, which we submitted and heard nothing after that. called DIAC twice and they told me no case officer yet. just wait and you will be notified if we require any further details. Just praying all get their visas, because i can feel life is hanging no where for last 10 months. MTR980, are you saying in your case it is your partner who is the primary applicant for the 857 visa? Quote Link to comment Share on other sites More sharing options...
MTR980 Posted April 25, 2013 Share Posted April 25, 2013 MTR980, are you saying in your case it is your partner who is the primary applicant for the 857 visa? YES , My Partner was in Australia for last 4 years and I came to Australia one year ago. she studied Advance diploma course and finished in May 2012 and we lodged the application in june 2012. What about you. who was the primary applicant, you or your partner. if your partner was the primary application,did he/she finished the course before you lodged the application? Quote Link to comment Share on other sites More sharing options...
cc23 Posted April 25, 2013 Share Posted April 25, 2013 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? Yes, I was the primary applicant, as I was the one with the permanent full-time position and an employer who wanted to sponsor me. My student dependent visa gave me full work rights while my partner completed his course, and I had worked the position for a year already at the time of applying. It's crazy to think I was ineligible to apply for an onshore visa, when I had full rights to live and work in the country. It seems like they've declined me on a ridiculous technicality, which frankly I think is unfair. I remember my partner and I read everything we could find about the RSMS visas multiple times before beginning the application. If I had even the slightest idea that I was ineligible to apply onshore, I would have selected the offshore option. And another thing, in the acknowledgement letter they send out after lodgement, they state "This email confirms that your application has been assessed as a valid application". I wonder what the criteria are for assessing this, as now I find out 14 months later that my application was never valid?? Mind boggling... Anyway, hopefully going to speak to a lawyer on Friday to get a legal opinion on the whole thing and some advice on where to go from here. If I discover anything useful or enlightening, I'll be sure to share. Quote Link to comment Share on other sites More sharing options...
cc23 Posted April 25, 2013 Share Posted April 25, 2013 YES , My Partner was in Australia for last 4 years and I came to Australia one year ago. she studied Advance diploma course and finished in May 2012 and we lodged the application in june 2012. What about you. who was the primary applicant, you or your partner. if your partner was the primary application,did he/she finished the course before you lodged the application? You should be fine then mate, different situation. Best of luck to you. Quote Link to comment Share on other sites More sharing options...
MTR980 Posted April 25, 2013 Share Posted April 25, 2013 Yes, I was the primary applicant, as I was the one with the permanent full-time position and an employer who wanted to sponsor me. My student dependent visa gave me full work rights while my partner completed his course, and I had worked the position for a year already at the time of applying. It's crazy to think I was ineligible to apply for an onshore visa, when I had full rights to live and work in the country. It seems like they've declined me on a ridiculous technicality, which frankly I think is unfair. I remember my partner and I read everything we could find about the RSMS visas multiple times before beginning the application. If I had even the slightest idea that I was ineligible to apply onshore, I would have selected the offshore option. And another thing, in the acknowledgement letter they send out after lodgement, they state "This email confirms that your application has been assessed as a valid application". I wonder what the criteria are for assessing this, as now I find out 14 months later that my application was never valid?? Mind boggling... Anyway, hopefully going to speak to a lawyer on Friday to get a legal opinion on the whole thing and some advice on where to go from here. If I discover anything useful or enlightening, I'll be sure to share. Whole process is so confusing, in your case offshore application was the way to go.I hope your lawyer can find a way and you get visa through MRT which is again 1 year killing wait. I am still so worried and will talk to my agent. BEST OF LUCK Quote Link to comment Share on other sites More sharing options...
MTR980 Posted April 25, 2013 Share Posted April 25, 2013 You should be fine then mate, different situation. Best of luck to you. I hope all goes good,because i dont have 457 or such visa to cover. rejection mean out of AUSTRALIA. Quote Link to comment Share on other sites More sharing options...
blossom Posted April 25, 2013 Share Posted April 25, 2013 Mrt is only worth doing if you can prove you did fit the criteria at time of application. It is a totally unfair clause, but you can't appeal just on the ground that you didn't know the rules. I do know one person who got their rsms while on a student visa. They had finished their course though. Such a stupid rule, presumably to make sure they bleed as much money out of students as possible. :-/ Quote Link to comment Share on other sites More sharing options...
Eaglet Posted April 25, 2013 Share Posted April 25, 2013 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. I'm not sure about that. All I know was that if you are trying to apply for 857 on a student visa, you will have to finish the course for which your student visa was granted for, evidenced by competion letter from the education institution you enrolled at. Therefore, I'm guessing will you be eligible for RSMS onshore visa after your spouse finishes the course? Quote Link to comment Share on other sites More sharing options...
MTR980 Posted April 25, 2013 Share Posted April 25, 2013 I'm not sure about that. All I know was that if you are trying to apply for 857 on a student visa, you will have to finish the course for which your student visa was granted for, evidenced by competion letter from the education institution you enrolled at. Therefore, I'm guessing will you be eligible for RSMS onshore visa after your spouse finishes the course? Hi Eaglet, Yes we applied after she finished her course and provided letter from institute as well. Quote Link to comment Share on other sites More sharing options...
Eaglet Posted April 25, 2013 Share Posted April 25, 2013 Hi Eaglet, Yes we applied after she finished her course and provided letter from institute as well. But does it actually say you have to finish an equivalent course to your partner's in Australia? Or from any country? You make work on this bit... Quote Link to comment Share on other sites More sharing options...
MTR980 Posted April 25, 2013 Share Posted April 25, 2013 But does it actually say you have to finish an equivalent course to your partner's in Australia? Or from any country? You make work on this bit... Never heard this nor my agent mentioned anything like that, will talk to my agent tomorrow morning. Quote Link to comment Share on other sites More sharing options...
Move2 Posted April 25, 2013 Share Posted April 25, 2013 (edited) You should be fine then mate, different situation. Best of luck to you. Sorry to hear about your situation due to the stupid and confusing technical point. On shore and offshore mess is gone with new visa class. I am surprised why DIAC have no way to correct the X marking in wrong box on same application. You can add dependents and make other correction after lodgement but not this, painfully funny. Mistakes like this should be correctable. I thinks some rule are made intentionally confusing so lawyers can earn their living ( you know who made these rules in beginning). MRT now takes more than 25 months. Best option will be get new RCB and file nomination and 187 together. Edited April 25, 2013 by Move2 Quote Link to comment Share on other sites More sharing options...
Move2 Posted April 25, 2013 Share Posted April 25, 2013 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? Yes it is reference to qualification and profession. ANSCO 1 are managers and other higher level professionals. 141999 is level 1 as prefixed. I think it should provide you some relief. Quote Link to comment Share on other sites More sharing options...
Move2 Posted April 25, 2013 Share Posted April 25, 2013 (edited) Whole process is so confusing, in your case offshore application was the way to go.I hope your lawyer can find a way and you get visa through MRT which is again 1 year killing wait. I am still so worried and will talk to my agent.BEST OF LUCK MTR Please post the clarification from your MA for others. I am still confused after reading all the posts. Last year one person told me about the same situation. I told him if in doubt go for 119 not 857, no harm except travel out of country. But to my surprise his MA said he is eligible for 857. I even spoken to MA and requested please do 119 not 857. MA advised me he knows but he is doing and I am still worried for that person. He have same situation like CC2. BEST OF LUCK Edited April 25, 2013 by Move2 Quote Link to comment Share on other sites More sharing options...
kkk666 Posted April 25, 2013 Share Posted April 25, 2013 Just got my PR!!! My timeline is as follows Non DR application from Melbourne PSE Employer nomination submitted: 6 Dec 2012 Application submitted: 23 Dec 2012 Nomination approval : 3 April 2013 PR granted : 25 April 2013 That's on Anzac day !!!! Total time taken 4 months and 2 days!!!! So some movement from MEL after all.... I wish you all the very best and hope you all hear some good news soon....I must admit my case beats all odds and I wish the various PSEs start issuing out visas at in this timeline for all. I think it will happen soon. I got a lot from information and support from reading this blog. It is a good forum to air your views and problems. It makes you feel that you are not alone...... Cheers to all Quote Link to comment Share on other sites More sharing options...
blossom Posted April 25, 2013 Share Posted April 25, 2013 Well done! Nice to know too that they are still working extra days to get visas issued. :-) Quote Link to comment Share on other sites More sharing options...
coolsurdian1 Posted April 25, 2013 Share Posted April 25, 2013 Just got my PR!!! My timeline is as follows Non DR application from Melbourne PSE Employer nomination submitted: 6 Dec 2012 Application submitted: 23 Dec 2012 Nomination approval : 3 April 2013 PR granted : 25 April 2013 That's on Anzac day !!!! Total time taken 4 months and 2 days!!!! So some movement from MEL after all.... I wish you all the very best and hope you all hear some good news soon....I must admit my case beats all odds and I wish the various PSEs start issuing out visas at in this timeline for all. I think it will happen soon. I got a lot from information and support from reading this blog. It is a good forum to air your views and problems. It makes you feel that you are not alone...... Cheers to all Congratulations kkk666, just wanted to know in case of an approval does the co email the ma or the applicant directly ? Quote Link to comment Share on other sites More sharing options...
blossom Posted April 25, 2013 Share Posted April 25, 2013 Mine went directly to my agent. Quote Link to comment Share on other sites More sharing options...
Ramansanju Posted April 25, 2013 Share Posted April 25, 2013 Just got my PR!!!My timeline is as follows Non DR application from Melbourne PSE Employer nomination submitted: 6 Dec 2012 Application submitted: 23 Dec 2012 Nomination approval : 3 April 2013 PR granted : 25 April 2013 That's on Anzac day !!!! Total time taken 4 months and 2 days!!!! So some movement from MEL after all.... I wish you all the very best and hope you all hear some good news soon....I must admit my case beats all odds and I wish the various PSEs start issuing out visas at in this timeline for all. I think it will happen soon. I got a lot from information and support from reading this blog. It is a good forum to air your views and problems. It makes you feel that you are not alone...... Cheers to all Hi what was your occupation plz share with us thanks Quote Link to comment Share on other sites More sharing options...
kkk666 Posted April 25, 2013 Share Posted April 25, 2013 Congratulations kkk666, just wanted to know in case of an approval does the co email the ma or the applicant directly ? Hi coolsurdian1 Since I had not gone through a MA, the approval for nomination went to the employer directly and the approval for the Application was sent to the additional person I had nominated. Funnily it did not actually come to me..... ...Anyway, I then went online and they have changed the status of my application to 'Finalised' and attached the 'Grant letter'!!! Cheers kkk666 Quote Link to comment Share on other sites More sharing options...
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