capetosydney

A bit of a silly question really, so I'll take the abuse as it comes.
A friend of mine overheard someone saying that it is possible (while probably not advisable) to lodge online 175 whilst awaiting ACS assessment (i.e. one can use ACS ref number in visa application). I must admit this sound a bit dodgy, but assuming that assessment is successful and claimed number of points awarded and all goes smoothly, can it be done?

Jen1977ni

I've heard of lodging your visa without ur IELTS result, and adding it later, but not lodging it while ur still waiting for your skills assessment to come back. I'm no expert, but I dont think it'd be a good idea, when did you send your skills assessment off?

Maybe an agent on here will give you more clarification, but I know personally, I'd not risk it...

capetosydney

Friend of ours is hitting age limit in 7 days, and ACS has taken 14 weeks so far and stilll in processs, so she is a bit desperate. Agent she was using left her in a bit of a spot, extremely unprofessional, apparently he did not communicate back to her that ACS requested few more documents, took him a month 'cause he was on Christmas leave, so now she is against the wall and clock is ticking...i suppose in her case she has nothing to lose, I personally would not do it.

Jen1977ni

Flip I dunno...not sure if any of the agents are on here, hold on til i have a hunt around and see if I can find Tony Coates to advise you, he's excellent! I'll email him with the link to this thread and see if he can advise!!!

welshtony

Hi Cape

having only applied for the Skills assessment meets the Time of application requirements only for some on-shore visas - namely the 885, 886 and 485.

The offshore GSM visas, including the 175 require, that at time of application:

The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

so as long as the date of the ACS approval predates your visa application date, yo uare OK. You need to ring the manager of the ACS (as well as wring your agent's neck), and explain the urgency and see if they will help you. If you get a verbal that they have approved the ACS, yo ucan apply on-line for the 175 visa quoting your ACS reference number without having seen the actual approval.

Regards


Tony Coates
MARN 0635896

capetosydney

Thanks Tony, she has contacted ACS and hopefully things will work out.

Cheers

gavcol

Hi,

Sorry to Hijack...

I am applying for an ENS 856 visa. I am in a similar situation but my agent has told me that I can submit my Visa application with just the receipt of my skills assessment (i.e. - before I get the final approval from the ACS).

Does this sound ok? Unfortunately the RPL has taken me a while and is only ready now but I need to submit my Visa application in the next month.

Thanks,
Gavin

welshtony

Hi Gavin

This is questionable - It is requirement at time of application that the ACS have assessed your skills as suitable. Immigration policy is that if you show evidence of having applied to the ACS at time of application, a subsequent approval evidences that you had the skills prior to the visa application. I think this is dubious from a legal point of view but if this is what Immigration are doing and your agent is 100% sure that this will not be a problem, then be guided by them.

Regards


Tony Coates
MARN 0635896

gavcol

Thanks Tony...

Yes she said I should be ok but I am a little concerned... going to talk to her today again about it just to make sure there will be no issues.

Thanks,
Gavin

Jen1977ni

Job done, BISH BASH BOSH! Thanks Tony!!!

welshtony

The legislation says no (in my opinion) the policy is not so clear. A possible problem with DIAC accepting this, eventhough the legislation says they should not, is if your application is refused for some other reason.

Let's say DIAC made a silly mistake and wrongly refused your visa - if you were then to apply to review on the grounds that the refusal was a case of an obvious error by DIAC, the review may agree with you but refuse your Review application on the basis that your application was lodged before you had your skills assessed.

This may be a very very small risk, but a risk nonetheless.

If your agent is on-shore and handles ENS applications regularly, your agent will be more familiar that I with how DIAC is assessing this criterion - here is the law in black and white for you:

(i) both of the following are met:

(A) an assessing authority specified by the Minister in a Gazette Notice for this sub-subparagraph as the assessing authority for the occupation to which the appointment relates has assessed the applicant's skills as suitable;

(B) unless exceptional circumstances apply, the applicant has been employed in the occupation to which the appointment relates for at least 3 years before making the application; or

This is a time of application requirement and the important bit is "has assessed". the skills assessment is one of three options the others being having worked in Australia for 2 years in the position OR having a huge salary over a certain amount.

Regards


Tony Coates
MARN 0635896

AJD175

Hello all!

I have been following this forum for a long time. Information posted on the forum is very useful.

I have a query.

I have applied under 175/2231-79/HR/date of Application 20-06-08/IELTS 7.
The ACS assessment was positive.
The letter only mentioned 2231-79. My skills are eligible for C/C++ and i have been working on C/C++ for 9 years now. But the letter did not mentioned the specialization.

now am planning to for a new assessment from ACS with specialization.

do i have to Apply a fresh application, or can i just add the new information to my current Application.

Deutschmaster

Just I thought though - what would happen if the assessment wasn't successful?

flair002

AJD175... same boat as u are
i tried this question a few times on the forum but no one even DIAC could not answer that.....
i would recommend that u get the new ACS done first and then ask DIAC whether u can do that.. that s what i v done... even if they dont accept it... ur old appp will remain intact... and if u r in the hell of infinite wait.. then u can promptly apply for a new 175 without waiting for ACS to take another 3 precious months of ur would be aussie life.....
another option would be to go for state sponsorship

capetosydney

Forfeit the fee and start again probably