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Can I apply for PR (885) with old SOL before 1st July?

Can I apply for PR (885) with old SOL before 1st July?

Old May 19th 2010, 8:16 pm
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Default Can I apply for PR (885) with old SOL before 1st July?

Hi,

On behalf of a friend...

Can I apply for 885 based on old SOL before 1st July? My engineering profession would be Engineering Professionals nec, that would no longer be in new SOL coming into effect after 1st July.

Responses will be appreciated and extremely helpful...


thanks...
adeel.
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Old May 19th 2010, 8:29 pm
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

I think I got the answer to this question reading the FAQs of new SOL mentioned on immi website

The answer is Yes. please correct me if I am wrong...

The excerpts are:
Who would the new list apply to?
It is intended that the new list would apply to all new GSM applications made from the date of implementation, except where transitional arrangements are likely to be provided for.

It is proposed that the new list of occupations would not apply to any valid GSM applications already lodged before the date of implementation.
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Old May 19th 2010, 8:48 pm
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by adeel.zafar View Post
I think I got the answer to this question reading the FAQs of new SOL mentioned on immi website

The answer is Yes. please correct me if I am wrong...

The excerpts are:
Who would the new list apply to?
It is intended that the new list would apply to all new GSM applications made from the date of implementation, except where transitional arrangements are likely to be provided for.

It is proposed that the new list of occupations would not apply to any valid GSM applications already lodged before the date of implementation.
Where is your friend based right now ? If he is in Australia with an appropriate visa, he can apply but will have to do his skills assessment which may take awhile. However, if he is outside Australia he cannot apply for 175, 176 and 475 until 1st July 2010 and that is when the new SOL takes effect.
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Old May 19th 2010, 8:58 pm
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Thank you for the response. She is in Australia on 485 visa waiting for skill assessment results applied nearly 2 months ago. Hopefully she can get the skill assessment results before 1st july....

Thanx
Adeel.
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Old May 19th 2010, 10:20 pm
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

As long as she applied for the 485 before the 8th of Feb, then she can. If she didn't, she can't (which is the position I am in).
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Old May 19th 2010, 10:55 pm
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by pumpkin blossom View Post
As long as she applied for the 485 before the 8th of Feb, then she can. If she didn't, she can't (which is the position I am in).
After reading the FAQ document again, I can say with confidence that you are not right, so it should be a good news for you as well

Please go through this document http://www.immi.gov.au/skilled/gener...aq-new-sol.pdf, I would really like to have your opinion on it as well.

As per my understanding, which i am certain is correct, this condition of having 485 on 8th Feb is a transitional arrangement to enable 485 applicants to apply after 1st July as well until 2012.

Really looking forward to hear back from you...
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Old May 20th 2010, 1:24 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by adeel.zafar View Post
Thank you for the response. She is in Australia on 485 visa waiting for skill assessment results applied nearly 2 months ago. Hopefully she can get the skill assessment results before 1st july....

Thanx
Adeel.
If she applied for EA assessment then it will b touch n go for her coz usually EA are taking 16 weeks so I suggest u to start getting her docs ready.
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Old May 20th 2010, 3:25 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by adeel.zafar View Post
After reading the FAQ document again, I can say with confidence that you are not right, so it should be a good news for you as well

Please go through this document http://www.immi.gov.au/skilled/gener...aq-new-sol.pdf, I would really like to have your opinion on it as well.

As per my understanding, which i am certain is correct, this condition of having 485 on 8th Feb is a transitional arrangement to enable 485 applicants to apply after 1st July as well until 2012.

Really looking forward to hear back from you...
If application has been in before the 8th of Feb for a 485, (ie you are on at least a bridging visa between student visa and 485 by the 8th Feb) then there is the proposed transitional agreement that you will be able to apply for your PR visa in accordance with the old Sol list as long as you apply before the end of Dec 2012.

If you are still on a student visa as of the 8th Feb 2010 and apply for a 485 after this date, then the transitional agreement is only that you can apply for a 485 visa in accordance with the old Sol list up until the end of Dec 2012, but to apply for PR would need to be in accordance with the NEW Sol list.

Hope this makes sense.
Cheers
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Old May 20th 2010, 4:11 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Hi, in this instance isn't the OP asking regarding an 885 application? So if the OP has everything ready before July 1st (including skill assessment etc) he is still eligible to apply for PR on the existing SOL as he is onshore?

As far as I can make out, only offshore visas have been halted until the new SOL is implemented on the 1st July - so an onshore 885 can still be applied for.

I think.

No use to anyone who needs the year on the 485 for TRA purposes but seemingly ok for all others?

Again not sure but this is how I read it!
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Old May 20th 2010, 4:25 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by tking View Post
Hi, in this instance isn't the OP asking regarding an 885 application? So if the OP has everything ready before July 1st (including skill assessment etc) he is still eligible to apply for PR on the existing SOL as he is onshore?

As far as I can make out, only offshore visas have been halted until the new SOL is implemented on the 1st July - so an onshore 885 can still be applied for.

I think.

No use to anyone who needs the year on the 485 for TRA purposes but seemingly ok for all others?

Again not sure but this is how I read it!
Yes tking, but the OP states that she is on a 485 waiting on the skills assessment. . .I'm thinking she must be on the bridging visa for a 485? So it would depend on when the 485 visa was applied for. Just the way i'm reading from the continued post.

Cheers
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Old May 20th 2010, 4:51 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by mandyp View Post
If application has been in before the 8th of Feb for a 485, (ie you are on at least a bridging visa between student visa and 485 by the 8th Feb) then there is the proposed transitional agreement that you will be able to apply for your PR visa in accordance with the old Sol list as long as you apply before the end of Dec 2012.

If you are still on a student visa as of the 8th Feb 2010 and apply for a 485 after this date, then the transitional agreement is only that you can apply for a 485 visa in accordance with the old Sol list up until the end of Dec 2012, but to apply for PR would need to be in accordance with the NEW Sol list.

Hope this makes sense.
Cheers
Mandy
I beg to disagree with you.

Can you please read the FAQ provided on the link, and focus on these parts

[INTEND]Who would the new list apply to?
It is intended that the new list would apply to all new GSM applications made from the date of implementation, except where transitional arrangements are likely to be provided for.

It is proposed that the new list of occupations would not apply to any valid GSM applications already lodged before the date of implementation.
[/INTEND]

I am sure my understading is right as long as the date of implementation is 1st July.

If you still say NO, please justify the above mentioned lines..

And yes, she was on student visa on 8th Feb which does not matter as long as she applies before 1st July.
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Old May 20th 2010, 4:57 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by adeel.zafar View Post
I beg to disagree with you.

Can you please read the FAQ provided on the link, and focus on these parts

[INTEND]Who would the new list apply to?
It is intended that the new list would apply to all new GSM applications made from the date of implementation, except where transitional arrangements are likely to be provided for.

It is proposed that the new list of occupations would not apply to any valid GSM applications already lodged before the date of implementation.
[/INTEND]

I am sure my understading is right as long as the date of implementation is 1st July.

If you still say NO, please justify the above mentioned lines..

And yes, she was on student visa on 8th Feb which does not matter as long as she applies before 1st July.
Please refer to this section of the Q and A section. . .

I applied for a subclass 485 (skilled graduate) visa after 8 February 2010 and was subsequently granted it. Will I be affected by these proposed changes?
If you applied for and were granted a subclass 485 visa after 8 February 2010 and you intend to apply for a provisional or permanent GSM visa, you will need to nominate an occupation which is on the SOL in effect at the time you seek to lodge your application.
If your nominated occupation is not on the new list of occupations and you intend to apply for a provisional or permanent GSM visa after it comes into effect, you may still be able to apply for a temporary or permanent employer sponsored visa on completion of your studies to allow you to work in Australia. You will be required to have an employer willing to sponsor you.

It will depend on her elidgibility for applying for the 885 visa. ie most students go on the 485 to work for the year to gain extra points for PR. For most occupation also, from the 1st of January 2010, have to do 1 year job ready test, so not sure what her elidibility would be to apply.


Cheers
Mandy

Last edited by mandyp; May 20th 2010 at 5:06 am.
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Old May 20th 2010, 5:13 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by mandyp View Post
Please refer to this section of the Q and A section. . .

I applied for a subclass 485 (skilled graduate) visa after 8 February 2010 and was subsequently granted it. Will I be affected by these proposed changes?
If you applied for and were granted a subclass 485 visa after 8 February 2010 and you intend to apply for a provisional or permanent GSM visa, you will need to nominate an occupation which is on the SOL in effect at the time you seek to lodge your application.
If your nominated occupation is not on the new list of occupations and you intend to apply for a provisional or permanent GSM visa after it comes into effect, you may still be able to apply for a temporary or permanent employer sponsored visa on completion of your studies to allow you to work in Australia. You will be required to have an employer willing to sponsor you.

It will depend on her elidgibility for applying for the 885 visa. ie most students go on the 485 to work for the year to gain extra points for PR. For most occupation also, from the 1st of January 2010, have to do 1 year job ready test, so not sure what her elidibility would be to apply.


Cheers
Mandy
Mandy reading this post proves my point further...

If you applied for and were granted a subclass 485 visa after 8 February 2010 and you intend to apply for a provisional or permanent GSM visa, you will need to nominate an occupation which is on the SOL in effect at the time you seek to lodge your application.
So as long as PR is applied before 1st July which is not the cut off date for onshore or offshore but date for implementation of new SOL for all, the SOL in-effect will be the current SOL.

Thanks for making me more clear about my stance. (Oh You changed your post )

Last edited by adeel.zafar; May 20th 2010 at 5:16 am.
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Old May 20th 2010, 5:38 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by adeel.zafar View Post
Mandy reading this post proves my point further...



So as long as PR is applied before 1st July which is not the cut off date for onshore or offshore but date for implementation of new SOL for all, the SOL in-effect will be the current SOL.

Thanks for making me more clear about my stance. (Oh You changed your post )
I think that the confusion comes from the fact that your friend had applied for the 485 visa and not for the 885 straight off as most students would done. The transitional exemptions have been put in place to allow students on the trade routes time to complete job ready tests etc.

Just curious, why did your friend apply for the 485 and not apply for the 885 directly if she was able to?

Cheers
Mandy
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Old May 20th 2010, 5:57 am
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Default Re: Can I apply for PR (885) with old SOL before 1st July?

Originally Posted by mandyp View Post
I think that the confusion comes from the fact that your friend had applied for the 485 visa and not for the 885 straight off as most students would done. The transitional exemptions have been put in place to allow students on the trade routes time to complete job ready tests etc.

Just curious, why did your friend apply for the 485 and not apply for the 885 directly if she was able to?

Cheers
Mandy

She was not. After changes on 1st January 2010, valid positive skills assessment (not just the proof of having applied for skills assessment) is required to apply for 885 visa. But 485 visa does allow you to apply without skills assessment result but with the proof of application. After expiration of her student visa, this was a logical step. I think more and more students are now going for this option. Please please prove me wrong on this, it will be a huge relief.
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