47sk Queries
Sep 18th 2003, 2:49 pm
#1
Guest
Posts: n/a
47sk Queries
Hi,
Appreciate if any of you can help with the following:
An applicant for Skilled - Independent (Class BN, subclass 136) has just
completed his course less than 6 months ago (yup, can't apply for Class DD,
subclass 880) and is one of those few lucky ones who is current in Australia
on a working visa.
(1) Question 23 and 24. Applicant is applying for Offshore General Skilled
Independent while he is in Australia. Am I right to say that he can skip
these two questions?
(2) Question 54. ASCO Code given by ACS does not match applicant's current
occupation. So for nominated occupation, am I right that the applicant
should put an occupation that is related to that ASCO Code?
Thanks in advance!
Cheers
Eileen
Appreciate if any of you can help with the following:
An applicant for Skilled - Independent (Class BN, subclass 136) has just
completed his course less than 6 months ago (yup, can't apply for Class DD,
subclass 880) and is one of those few lucky ones who is current in Australia
on a working visa.
(1) Question 23 and 24. Applicant is applying for Offshore General Skilled
Independent while he is in Australia. Am I right to say that he can skip
these two questions?
(2) Question 54. ASCO Code given by ACS does not match applicant's current
occupation. So for nominated occupation, am I right that the applicant
should put an occupation that is related to that ASCO Code?
Thanks in advance!
Cheers
Eileen
Sep 18th 2003, 4:14 pm
#2
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Re: 47sk Queries
Eileen,
> An applicant for Skilled - Independent (Class BN, subclass 136)
> has just completed his course less than 6 months ago (yup,
> can't apply for Class DD, subclass 880)
You must mean "completed his course more than 6 months ago".
> (1) Question 23 and 24. Applicant is applying for Offshore
> General Skilled Independent while he is in Australia. Am I right
> to say that he can skip these two questions?
I would think question 23 can be skipped because it's there for statistical reasons.
Question 24, however, I'm not so certain it's there for the sake of statistics. It goes to to show how much funds you have and it goes towards assessing whether you, the applicant, can successfully establish yourself in Australia. Not sure why it's stated only for applicants outside Australia. DIMIA has some interesting and weird questions - you'll know what I mean when you get to the medical form where they ask how much alcohol do you consume (yeah, like I measure it so that I can report it to DIMIA!).
In anycase, technically, you are applying from outside Australia, since it's an offshore visa :-) That's only my opinion, of course, and is limited to these two questions on Form 47SK.
> (2) Question 54. ASCO Code given by ACS does not match
> applicant's current occupation. So for nominated occupation,
> am I right that the applicant should put an occupation that is
> related to that ASCO Code?
No. You have to nominate the occupation that you have been assessed against. Preferrably the assessment is positive, although it's *not* a legal requirement that the assessment be positive at the time of lodgement for the application to be valid - but that would be a waste of time if the assessment is negative.
If the ACS assessed you based on a particular ASCO code, that would be the one you *must* nominate in order to make a valid application, unless you somehow get it (the ACS-assigned nominated ASCO code) changed via appeal or a fresh application.
Peter
> An applicant for Skilled - Independent (Class BN, subclass 136)
> has just completed his course less than 6 months ago (yup,
> can't apply for Class DD, subclass 880)
You must mean "completed his course more than 6 months ago".
> (1) Question 23 and 24. Applicant is applying for Offshore
> General Skilled Independent while he is in Australia. Am I right
> to say that he can skip these two questions?
I would think question 23 can be skipped because it's there for statistical reasons.
Question 24, however, I'm not so certain it's there for the sake of statistics. It goes to to show how much funds you have and it goes towards assessing whether you, the applicant, can successfully establish yourself in Australia. Not sure why it's stated only for applicants outside Australia. DIMIA has some interesting and weird questions - you'll know what I mean when you get to the medical form where they ask how much alcohol do you consume (yeah, like I measure it so that I can report it to DIMIA!).
In anycase, technically, you are applying from outside Australia, since it's an offshore visa :-) That's only my opinion, of course, and is limited to these two questions on Form 47SK.
> (2) Question 54. ASCO Code given by ACS does not match
> applicant's current occupation. So for nominated occupation,
> am I right that the applicant should put an occupation that is
> related to that ASCO Code?
No. You have to nominate the occupation that you have been assessed against. Preferrably the assessment is positive, although it's *not* a legal requirement that the assessment be positive at the time of lodgement for the application to be valid - but that would be a waste of time if the assessment is negative.
If the ACS assessed you based on a particular ASCO code, that would be the one you *must* nominate in order to make a valid application, unless you somehow get it (the ACS-assigned nominated ASCO code) changed via appeal or a fresh application.
Peter
Sep 18th 2003, 5:22 pm
#3
Guest
Posts: n/a
Re: 47sk Queries
Hi Peter,
> > An applicant for Skilled - Independent (Class BN, subclass 136)
> > has just completed his course less than 6 months ago (yup,
> > can't apply for Class DD, subclass 880)
> You must mean "completed his course more than 6 months ago".
Nope, his application is a little tricky. He had submitted his thesis in
August 2002 and was informed by the university that he had "completed his
requirements for the degree on 31 March 2003" *Yikes! Only a few days left!*
However, his student visa ceased when he was granted the work visa and
started work on 1st January 2003. Therefore he does not meet the requirement
of holding a student visa in the 6 months before application and has to
apply under Skilled - Independent (Class BN, subclass 136).
> Question 24, however, I'm not so certain it's there for the sake of
> statistics. It goes to to show how much funds you have and it goes
> towards assessing whether you, the applicant, can successfully establish
> yourself in Australia. Not sure why it's stated only for applicants
> outside Australia.
But since they do not require proof that we can bring in that amount (in
money and goods) to Australia, I suspect it might also be just for
statistics. Guess since he is already in Australia, it goes to show that he
has enough to support himself. Hence, they are not concerned about
applicants within Australia. Just my 2 cents though.
> In anycase, technically, you are applying from outside Australia, since
> it's an offshore visa :-) That's only my opinion, of course, and is
> limited to these two questions on Form 47SK.
That brings us back to the start again :-) Anyhow, I don't think he needs to
answer those 2 questions. Moreover, they should not have any bearing on
whether he gets his visa granted or not. Especially not Question 23.
> > (2) Question 54. ASCO Code given by ACS does not match
> > applicant's current occupation. So for nominated occupation,
> > am I right that the applicant should put an occupation that is
> > related to that ASCO Code?
> No. You have to nominate the occupation that you have been assessed
> against. Preferrably the assessment is positive, although it's *not* a
> legal requirement that the assessment be positive at the time of
> lodgement for the application to be valid - but that would be a waste of
> time if the assessment is negative.
> If the ACS assessed you based on a particular ASCO code, that would be
> the one you *must* nominate in order to make a valid application, unless
> you somehow get it (the ACS-assigned nominated ASCO code) changed via
> appeal or a fresh application.
Sorry, I'm getting confused. Must be the time of the night/morning.
At the time of lodgement of ACS assessment, he had nominated 2231-79 as he
was (and still is) working in an occupation under that ASCO code. He had no
previous job history and had then only been working for 7 months.
However, when ACS came back with his skills assessment, they assessed him as
being suitable for migration, with an ASCO code of 2231-19.
So, he is filling up the ASCO code portion with 2231-79. Also, since
Question 54 says "What is the ASCO code for your nominated occupation?" it
implies that the nominated occupation should match the ASCO code. So, I'm
thinking that he should just pick any occupation under ASCO code 2231-19 as
his nominated occupation.
Correct me if I'm wrong.
Thanks!
Think a few more strands of hair have turned white tonight.
Cheers
Eileen
> > An applicant for Skilled - Independent (Class BN, subclass 136)
> > has just completed his course less than 6 months ago (yup,
> > can't apply for Class DD, subclass 880)
> You must mean "completed his course more than 6 months ago".
Nope, his application is a little tricky. He had submitted his thesis in
August 2002 and was informed by the university that he had "completed his
requirements for the degree on 31 March 2003" *Yikes! Only a few days left!*
However, his student visa ceased when he was granted the work visa and
started work on 1st January 2003. Therefore he does not meet the requirement
of holding a student visa in the 6 months before application and has to
apply under Skilled - Independent (Class BN, subclass 136).
> Question 24, however, I'm not so certain it's there for the sake of
> statistics. It goes to to show how much funds you have and it goes
> towards assessing whether you, the applicant, can successfully establish
> yourself in Australia. Not sure why it's stated only for applicants
> outside Australia.
But since they do not require proof that we can bring in that amount (in
money and goods) to Australia, I suspect it might also be just for
statistics. Guess since he is already in Australia, it goes to show that he
has enough to support himself. Hence, they are not concerned about
applicants within Australia. Just my 2 cents though.
> In anycase, technically, you are applying from outside Australia, since
> it's an offshore visa :-) That's only my opinion, of course, and is
> limited to these two questions on Form 47SK.
That brings us back to the start again :-) Anyhow, I don't think he needs to
answer those 2 questions. Moreover, they should not have any bearing on
whether he gets his visa granted or not. Especially not Question 23.
> > (2) Question 54. ASCO Code given by ACS does not match
> > applicant's current occupation. So for nominated occupation,
> > am I right that the applicant should put an occupation that is
> > related to that ASCO Code?
> No. You have to nominate the occupation that you have been assessed
> against. Preferrably the assessment is positive, although it's *not* a
> legal requirement that the assessment be positive at the time of
> lodgement for the application to be valid - but that would be a waste of
> time if the assessment is negative.
> If the ACS assessed you based on a particular ASCO code, that would be
> the one you *must* nominate in order to make a valid application, unless
> you somehow get it (the ACS-assigned nominated ASCO code) changed via
> appeal or a fresh application.
Sorry, I'm getting confused. Must be the time of the night/morning.
At the time of lodgement of ACS assessment, he had nominated 2231-79 as he
was (and still is) working in an occupation under that ASCO code. He had no
previous job history and had then only been working for 7 months.
However, when ACS came back with his skills assessment, they assessed him as
being suitable for migration, with an ASCO code of 2231-19.
So, he is filling up the ASCO code portion with 2231-79. Also, since
Question 54 says "What is the ASCO code for your nominated occupation?" it
implies that the nominated occupation should match the ASCO code. So, I'm
thinking that he should just pick any occupation under ASCO code 2231-19 as
his nominated occupation.
Correct me if I'm wrong.
Thanks!
Think a few more strands of hair have turned white tonight.
Cheers
Eileen
Sep 19th 2003, 2:44 am
#4
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Re: 47sk Queries
Hi Eileen,
> > > An applicant for Skilled - Independent (Class BN, subclass 136)
> > > has just completed his course less than 6 months ago (yup,
> > > can't apply for Class DD, subclass 880)
> > You must mean "completed his course more than 6 months ago".
>
> Nope, his application is a little tricky. He had submitted his
> thesis in August 2002 and was informed by the university that he
> had "completed his requirements for the degree on 31 March 2003"
> *Yikes! Only a few days left!*
>
> However, his student visa ceased when he was granted the work visa
> and started work on 1st January 2003. Therefore he does not meet
> the requirement of holding a student visa in the 6 months before
> application and has to apply under Skilled - Independent (Class BN,
> subclass 136).
Oh, yes, I remember now. I believe I was the one who told you about this little complication [MR 1128CA (3)(g)(ii)]. I must be getting old and my memory must be failing me :-)
> At the time of lodgement of ACS assessment, he had nominated 2231-79
> as he was (and still is) working in an occupation under that ASCO
> code. He had no previous job history and had then only been working
> for 7 months.
>
> However, when ACS came back with his skills assessment, they assessed
> him as being suitable for migration, with an ASCO code of 2231-19.
So 2231-19 is his nominated occupation, for which he has obtained a suitable skills assessment.
> So, he is filling up the ASCO code portion with 2231-79.
He didn't get a skills assessment for 2231-79, did he? So, if he nominates 2231-79 and he did not get an assessment for it (doesn't matter if he applied for that code in his skills assessment), he won't meet Schedule 1 requirements and that's an immediate invalid application.
> Also, since Question 54 says "What is the ASCO code for your nominated
> occupation?" it implies that the nominated occupation should match the
> ASCO code.
Yes.
> So, I'm thinking that he should just pick any occupation under ASCO code
> 2231-19 as his nominated occupation.
2231-19 is Systems Programmer. That's his nominated occupation. I'm not sure what you mean by "any occupation under 2231-19"...
Peter
> > > An applicant for Skilled - Independent (Class BN, subclass 136)
> > > has just completed his course less than 6 months ago (yup,
> > > can't apply for Class DD, subclass 880)
> > You must mean "completed his course more than 6 months ago".
>
> Nope, his application is a little tricky. He had submitted his
> thesis in August 2002 and was informed by the university that he
> had "completed his requirements for the degree on 31 March 2003"
> *Yikes! Only a few days left!*
>
> However, his student visa ceased when he was granted the work visa
> and started work on 1st January 2003. Therefore he does not meet
> the requirement of holding a student visa in the 6 months before
> application and has to apply under Skilled - Independent (Class BN,
> subclass 136).
Oh, yes, I remember now. I believe I was the one who told you about this little complication [MR 1128CA (3)(g)(ii)]. I must be getting old and my memory must be failing me :-)
> At the time of lodgement of ACS assessment, he had nominated 2231-79
> as he was (and still is) working in an occupation under that ASCO
> code. He had no previous job history and had then only been working
> for 7 months.
>
> However, when ACS came back with his skills assessment, they assessed
> him as being suitable for migration, with an ASCO code of 2231-19.
So 2231-19 is his nominated occupation, for which he has obtained a suitable skills assessment.
> So, he is filling up the ASCO code portion with 2231-79.
He didn't get a skills assessment for 2231-79, did he? So, if he nominates 2231-79 and he did not get an assessment for it (doesn't matter if he applied for that code in his skills assessment), he won't meet Schedule 1 requirements and that's an immediate invalid application.
> Also, since Question 54 says "What is the ASCO code for your nominated
> occupation?" it implies that the nominated occupation should match the
> ASCO code.
Yes.
> So, I'm thinking that he should just pick any occupation under ASCO code
> 2231-19 as his nominated occupation.
2231-19 is Systems Programmer. That's his nominated occupation. I'm not sure what you mean by "any occupation under 2231-19"...
Peter
Sep 19th 2003, 8:03 am
#5
Guest
Posts: n/a
Re: 47sk Queries
Hi Peter,
> Oh, yes, I remember now. I believe I was the one who told you about this
> little complication [MR 1128CA (3)(g)(ii)]. I must be getting old and my
> memory must be failing me :-)
Yes, you were the one who pointed it out to me, to our great relieve! :-) Can't blame you for forgetting. You've replied to a few thousand postings!
> He didn't get a skills assessment for 2231-79, did he? So, if he
> nominates 2231-79 and he did not get an assessment for it (doesn't
> matter if he applied for that code in his skills assessment), he won't
> meet Schedule 1 requirements and that's an immediate invalid
> application.
Nope, his skills assessment returned to him with ASCO code 2231-19 instead.
Just curious, what is Schedule 1 requirements?
> 2231-19 is Systems Programmer. That's his nominated occupation.
Alright, so for ASCO Code it will be 2231-19 and for Nominated
Occupation it will be System Programmer (though he is currently not one).
Thanks a lot! You have been most helpful :-)
Cheers
Eileen
> Oh, yes, I remember now. I believe I was the one who told you about this
> little complication [MR 1128CA (3)(g)(ii)]. I must be getting old and my
> memory must be failing me :-)
Yes, you were the one who pointed it out to me, to our great relieve! :-) Can't blame you for forgetting. You've replied to a few thousand postings!
> He didn't get a skills assessment for 2231-79, did he? So, if he
> nominates 2231-79 and he did not get an assessment for it (doesn't
> matter if he applied for that code in his skills assessment), he won't
> meet Schedule 1 requirements and that's an immediate invalid
> application.
Nope, his skills assessment returned to him with ASCO code 2231-19 instead.
Just curious, what is Schedule 1 requirements?
> 2231-19 is Systems Programmer. That's his nominated occupation.
Alright, so for ASCO Code it will be 2231-19 and for Nominated
Occupation it will be System Programmer (though he is currently not one).
Thanks a lot! You have been most helpful :-)
Cheers
Eileen
Sep 19th 2003, 9:36 am
#6
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Re: 47sk Queries
Originally posted by Eileen
Just curious, what is Schedule 1 requirements?
Just curious, what is Schedule 1 requirements?
Schedule 1 refers to the first schedule of the Migration Regulations. All requirements in Schedule 1 must be met upon application in order for the application to be considered a valid application. If not, it's invalid and won't even be put into the queue for further processing.
An example of a Schedule 1 requirement is the payment of the appropriate fee. Another example is the requirement that the proper form be used when lodging a visa application. You can't use Form 47SP, for instance, to lodge a skilled visa application - you need 47SK instead.
Regards,
Peter
