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Biggg Confusion about 28 days. Please Please help !

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Hi , I have to apply for TR , my visa is expiring on 27th aug , still i have to appear in Ielts to get 6 each.

 

My query is , if i lodge my TR without ielts , how do they calculate 28 days , is that the day we have lodge our application or the day case officer opens our file and ask us to submit the documents ?

 

Please do help by replying its urgent:goofy:

 

Thank you

:notworthy:

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Guest SigmaBond

Heya,

I am no expert- and new to this, but not sure where you are quoting the 28 days from to submit IELTS?

If you go on DIAC website under 485 visa, you will find that it says:

You must provide evidence of your English language ability BEFORE the department makes a decision on your application.

 

From that statement I'm guessing if it takes 6 months for you to be allocated to a CO then you've got 6 months to provide IELTS. CO will request for outstandind docs and they will give you a deadline to provide the docs.

 

Ja? :)

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I have just Read on Immi web site :

 

Changes to the time of provision of evidence of English language ability

 

There are new arrangements for the provision of evidence for English language ability. Applicants for the following GSM subclasses have until the time of decision to provide evidence of their English language ability.

 

Skilled – Independent (Residence) visa (subclass 885)

Skilled – Sponsored (Residence) visa (subclass 886)

Skilled – Independent (Migrant) visa (subclass 175)

Skilled – Sponsored (Migrant) visa (subclass 176)

Skilled – Provisional (Regional Sponsored) visa (subclass 475)

Skilled – Provisional (Recognised Graduate) visa (subclass 476)

Skilled – Provisional (Graduate) visa (subclass 485) (where the application was made on or after 27 October 2008).

Applicants should not delay in providing their evidence of English language ability. The department will not delay finalising applications where English language test results have not been provided at time of application. Applicants will have 28 days from the date of application to provide their English language results if they did not provide them at time of application. At this point in time, if evidence has not been provided the application will be refused.

 

There is no change in the requirements for Skilled – Provisional (Graduate) visa (subclass 485) where the application was made before 27 October 2008 or the Skilled Provisional (Regional Sponsored) visa (subclass 487). The applicant must either provide evidence of English language ability at time of application or provide evidence that they have made a booking to undertake an English language test

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This is confusion brought about by Berenguel court case which ruled that an IELTS score received up to time of decision, can prove the required English level required at time of application. All DIAC are warning about is that they reserve the right to make a decision (refusal) if an IELTS has not been received within 28 days of making the application. This 28 days is not a legal requirement e.g. if DIAC do not make a decision within 28 days and a sufficient IELTS is receved 6,000 days after the making of that application, and DIAC have still not made a decision, they would have to consider that IELTS result.

 

If DIAC were efficient (highly unlikely) and refused applications that did not submit sufficient IELTS within 28 days of applying, the applicants could still apply to MRT and have all the time up to MRT decision to submit sufficient IELTS.

 

So your only concern is to lodge the 485 application prior to your current visa expiring.

 

Regards

 

 

Tony


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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so i still have to book the ielts , my visa is expiring in 4 days.

 

Can i book 2 ielts tests in sept ant tell them in evidence that i will submit my result in oct

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Hi tony ,

 

First of all thanks for your advice , so can you please tell me what i can write while lodging TR ,Where they ask for IELTS In TR online application

 

Thanks

 

Sara

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The on-line system should allow you to put future date, but it may not have been amended yet to allow for future IELTS -

 

The level and detail of advice I am giving you here is a very dangerous way to prepare your application, because any mistakes could result in ineligibility for a visa - you should really meet an on-shore agent to make sure you have not messed up on anything else.

 

Regards

 

 

Tony


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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