Today I like to address a type of question I often got from my clients: “I don’t have a skills assessment and I only work for my 457 employer for 3 months, when can my employer nominate me for PR?” Here are the summary to answer this type of question: There are a number of options you can choose from.

Temporary Resident Transition Stream

As you probably aware, there is a Temporary Resident Transition Stream, where you have to work for the same employer for at least 2 years on a 457 visa before they can nominate you for PR.

Direct Entry – ENS VS RSMS

There is also a Direct Entry Stream that you can use it to apply for PR without waiting for (or wasting) 2 years.  A lot of people said that you have to pass a skills assessment and have min 3 years post qualification work experience. This only applies if you are using ENS stream. Here in WA (and most parts of Australia), since it is a regional area, you can also choose Regional Employer Sponsored Stream (RSMS), which does not have a minimum work experience requirement and skill assessment is not mandatory unless you were nominated for a trade occupation and you don’t have an Australian trade qualification. A lot of fresh graduates indeed use this pathway to achieve their PR.

General Advice Warning Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website, we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.

From 28 July the provision of visa medical examinations and assessments to clients in Australia will commence with Bupa Medical Visa Services.

Medibank Health Solutions (MHS) will no longer provide this service when its contract with Immigration Department expires on 25 July 2014.

For more details, please visit Immigration website at:

http://www.immi.gov.au/allforms/health-requirements/arranging-health-exam.htm

 

How Long Is Your Skills Assessment Valid For Migration Purpose?

This is supposed to be a straightforward question. However, in reality, it is a bit complicated.

In the past, it was forever, in other word, even, it stated it is valid for 5 years on your assessment result letter and those 5 years has passed, it doesn’t matter, you can still use it to apply. The Migration Regulation only required you have a positive skill assessment, it didn’t specify it had to be still valid at the time of application or decision.

There is actually a case where an applicant provided an expired skill assessment result letter from the Australian Computer Society and was refused. The case was overturned by MRT and that person had finally got his visa approved.

However, things are different now following recent amendments to Migration Regulations 1994, which takes effect from 1st July 2014.

So how long is it valid for now?

A short answer will be 3 years or less, i.e if the validity period stated in the Assessment Letter is less than 3 years, it takes precedence, e.g ACS and AIM’s assessment are only valid for 2 years.

And how do you work out the 3 years.

It depends on the visa subclass you apply for.

For GSM visa, such as sc189, 190 and 489 (exclude 485), a skills assessment must be valid at the time of invitation

For ENS sc 186 and RSMS 187, a skills assessment must be valid at the time of lodgement

Please note the above amendment does not apply to 457 visa.

General Advice Warning Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.

Given the current economic condition, particularly in WA, we see more and more 457 visa holders made redundant by their sponsors. With only 90 days to find another employer, some of them manage to lodge an onshore partner visa SC820/801.

Although they will a Bridging Visa A (BVA) automatically granted by doing this, but it won’t come into effect until their current 457 visa ceases, which can be another year or two to go. Therefore, they are still limited by 8107 condition – can only work for their sponsor. If they do otherwise, they will breach the visa condition.

One way to solve this problem, is to request a cancellation of 457 visa.

However, there is a downside of doing it:

1. It is a lengthy process, sometimes it takes longer than 6 months for the immigration department to process the request, particularly you are still on shore. They may even don’t bother taking any action.

2. Your BVA will be cancelled as well, you will then move to a Bridging Visa E, which is the last visa you want hold to avoid being unlawful.

There are some possible better options, but it all depends on your situation.

The main point is you need to be aware that 8107 condition still exists as long as you 457 visa is valid.

General Advice Warning & Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website, we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.

I often got asked can I lodge the visa application before receiving my skill assessment result.

The answer is we need to read the Time of Application Criteria, some visa categories only require evidence of lodging skill assessment (e.g. 485 Graduate Visa) at the time of application while other visa categories require you must have positive skill assessment result before applying (i.e GSM Visas)

If you don’t get it right, you most likely will receive a negative outcome.

Here is a case study:

Jessica is a hairdresser from UK. Her second working holiday visa is expiring within weeks.

Jessica was excited and thinking she can remain in Australia and apply for the permanent resident.

However, there is one thing that she was not sure, that is skills assessment requirement. She hadn’t done a skill assessment and wonder if this is a requirement for 187 direct entry.

Since not much time left on her current visa, Jessica decided to lodge the application without the skill assessment result. Meanwhile, just to be safe, she started to apply for a skills assessment. She got a positive skills assessment result after 3 months of lodgment.

Jessica attached the skills assessment result to her RSMS application and was confident that she would have the visa granted shortly.

A few months later, her 187 visa was refused because she did not satisfy the Time of Application criteria

Comment: Most 187 occupations do not have skills assessment requirement except when the nominated occupation is a trade occupation and the applicant’s qualification is not from Australia. If this is a case, providing positive skills assessment is a time of application criteria, in other word, Jessica should have the positive skills assessment result before lodging the RSMS application.

General Advice Warning & Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website, we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.