George Lombard

Not of great interest to overseas applicants, however, crucial to a number of onshore students ...

Some onshore graduate applicants will be finishing their qualifications in the next few weeks only just before the points test pass mark for onshore students rises to 120 points. To cater to the difficulty of obtaining a skills assessment in time, DIMIA have made the following, predictable, policy announcement today (including a very rare DIMIA error concerning the legislation which I'll explain at the bottom of the page):

MESSAGE TO REGISTERED MIGRATION AGENTS
FROM DEBORAH LEWIS, A/G DIRECTOR, SKILLED MIGRATION SECTION - DIMIA.
A number of assessing bodies have approached DIMIA concerning overseas students who have recently completed summer semesters. These students have advised the assessing bodies that they will not be provided with their final academic results until the first or second week of March 2005.

Consequently, some students may not be able to arrange a skills assessment before their Student visa expires. The fact they are unable to obtain a skills assessment will also mean that they are unable to satisfy a schedule 1 criterion to make a valid application for either a subclass 497 visa or an onshore GSM visa.

The following strategy has been introduced to assist those genuine applicants who are affected by this situation. Similar to the arrangements that are in place in respect of Australian Federal Police (AFP) clearances, affected applicants will only need to submit with their application evidence that they have sought a skills assessment from the relevant assessing authority. The concession will take effect from 3 March 2005.

The following message has been posted on the Department’s website confirming the temporary arrangements.

“The following information is relevant to people intending to lodge an application for an Onshore General Skilled Migration visa between 3 March 2005 and 30 June 2005 where one, or both, of the following is required to make a valid application:
· Skills assessment from the relevant assessing authority for the applicant’s nominated occupation,
· Australian Federal Police (AFP) clearance.
If all other requirements are met to make a valid application, with the exception of the above, the
application will be valid provided the applicant attaches:
· evidence that they have applied for a skills assessment from the relevant assessing authority, and/or
· evidence that they have applied for an AFP clearance*.

(* This is an extension of the existing processing arrangements.)

Satisfactory evidence may include, but is not limited to:
· a letter from either the relevant assessing authority or AFP (or both) confirming that an assessment has been sought,
· evidence of payment (eg bank draft/money order) by the applicant to the authority for the assessment.

To ensure prompt processing of their applications, applicants will need to forward their skills assessment and/or AFP clearance as soon as these are available. When forwarding documents applicants should quote their full name, date of birth, client ID and file reference number. These details will be available in the applicant’s acknowledgement letter from DIMIA.

Note: This information is not relevant to applicants for the Offshore General Skilled Migration visa categories or for those Onshore General Skilled Migration visa applicants who have already lodged their application.�


- The error is that Schedule 1 requirements for the Graduate Skilled (Temporary) subclass 497 visa don't include a skills assessment.

orangestreet

Thanks George for the gregarious gesture of posting the news on the website. Most people here would not be interested, but for some of us students, it is invaluable. Thanks a lot for this.

Orange

Kam

orangestreet <member35411@british_expats.com> wrote in message news:<[email protected] om>...
    > > Not of great interest to overseas applicants, however, crucial to a
    > > number of onshore students ...
    > >
    > > Some onshore graduate applicants will be finishing their
    > > qualifications in the next few weeks only just before the points test
    > > pass mark for onshore students rises to 120 points. To cater to the
    > > difficulty of obtaining a skills assessment in time, DIMIA have made
    > > the following, predictable, policy announcement today (including a
    > > very rare DIMIA error concerning the legislation which I'll explain at
    > > the bottom of the page):
    > >
    > > MESSAGE TO REGISTERED MIGRATION AGENTS
    > > FROM DEBORAH LEWIS, A/G DIRECTOR, SKILLED MIGRATION SECTION - DIMIA.
    > > A number of assessing bodies have approached DIMIA concerning
    > > overseas students who have recently completed summer semesters. These
    > > students have advised the assessing bodies that they will not be
    > > provided with their final academic results until the first or second
    > > week of March 2005.
    > >
    > > Consequently, some students may not be able to arrange a skills
    > > assessment before their Student visa expires. The fact they are unable
    > > to obtain a skills assessment will also mean that they are unable to
    > > satisfy a schedule 1 criterion to make a valid application for either
    > > a subclass 497 visa or an onshore GSM visa.
    > >
    > > The following strategy has been introduced to assist those genuine
    > > applicants who are affected by this situation. Similar to the
    > > arrangements that are in place in respect of Australian Federal Police
    > > (AFP) clearances, affected applicants will only need to submit with
    > > their application evidence that they have sought a skills assessment
    > > from the relevant assessing authority. The concession will take effect
    > > from 3 March 2005.
    > >
    > > The following message has been posted on the Department?s website
    > > confirming the temporary arrangements.
    > >
    > > ?The following information is relevant to people intending to lodge an
    > > application for an Onshore General Skilled Migration visa between 3
    > > March 2005 and 30 June 2005 where one, or both, of the following is
    > > required to make a valid application:
    > > · Skills assessment from the relevant assessing authority for the
    > > applicant?s nominated occupation,
    > > · Australian Federal Police (AFP) clearance.
    > > If all other requirements are met to make a valid application, with
    > > the exception of the above, the
    > > application will be valid provided the applicant attaches:
    > > · evidence that they have applied for a skills assessment from the
    > > relevant assessing authority, and/or
    > > · evidence that they have applied for an AFP clearance*.
    > >
    > > (* This is an extension of the existing processing arrangements.)
    > >
    > > Satisfactory evidence may include, but is not limited to:
    > > · a letter from either the relevant assessing authority or AFP (or
    > > both) confirming that an assessment has been sought,
    > > · evidence of payment (eg bank draft/money order) by the applicant to
    > > the authority for the assessment.
    > >
    > > To ensure prompt processing of their applications, applicants will
    > > need to forward their skills assessment and/or AFP clearance as soon
    > > as these are available. When forwarding documents applicants should
    > > quote their full name, date of birth, client ID and file reference
    > > number. These details will be available in the applicant?s
    > > acknowledgement letter from DIMIA.
    > >
    > > Note: This information is not relevant to applicants for the Offshore
    > > General Skilled Migration visa categories or for those Onshore
    > > General Skilled Migration visa applicants who have already
    > > lodged their application.?
    > >
    > >
    > > - The error is that Schedule 1 requirements for the Graduate
    > > Skilled (Temporary) subclass 497 visa don't include a skills
    > > assessment.
    >
    > Thanks George for the gregarious gesture of posting the news on the
    > website. Most people here would not be interested, but for some of us
    > students, it is invaluable. Thanks a lot for this.
    >
    > Orange

George, I will be (if all goes well!) completing my last semester in
June. I have most of my papers ready, and I have already been
positively assessed by ACS on the basis of previous qualifications and
experience. But if I apply for Onshore GSM immediately upon completion
on my course, will I still be eligible to apply for the Graduate
Skilled (Temp) Subclass 497 visa? I ask this because the GSM Booklet
says that the 497 visa is for giving you time to apply for Onshore GSM
- but in my case I would already have applied for Onshore GSM. My
student visa expires at the end of August.

Thanks
KB

George Lombard

Hi KB,

It's getting more difficult to answer cases such as yours for fear of missing some vital piece of information, better if you confirm your situation with a migration agent.

However, if your ACS skills assessment will be current when your results are posted in July and you've got your medical and police clearances and meet all other requirements, then you should be able to just apply direct for your PR application 880, 881 or 882 as the case may be. No need to apply for the 497, you'll have a bridging visa with full work rights as soon as your student visa expires and you won't need student health cover.

Cheers,

George Lombard

www.austimmigration.com.au

JAJ

George
It may not hurt to get a 497 anyway as it's a substantive visa as opposed to a bridging visa and the application fee is not high. Although if DIMIA gave it with less than 6 months validity it may leave one worse off than keeping the student visa and the medical insurance question needs to be addressed.

But you're right - the rules for onshore students are so complex it's really difficult to give any advice on an online forum and the best recommendation is for the poster to see an experienced practitioner.

Jeremy