Student Visa Holders - what next?

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Student Visa Holders - what next? Common Visa
Pathways
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• Who are we?
• National Visas has been in operation for nearly
  10 years. We have 7 registered migration agents
  at our company. Simon has nearly 5 years
  experience with DIBP before becoming a migration
  agent. We have a combined 25 years of experience
  with Australian migration.
• Presenting to you today are
• Simon Delmo - MARN 1066328
• Ivanna Cheng - MARN 1066462

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• Common visa options and pathways
• 485 (Gradate Stream)
• 485 (Post study work stream)
• GSM
• Employer sponsored visas
• Lots of possible options to get to PR - let's
  have a look...

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Common pathway which does not rely on an employer
to sponsor you. Need to be sure you can meet 485
requirements.
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Again, depends on 485 eligibility, but provides a
good option for people who need extra points, or
who may struggle with skills assessments or
English.
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Not eligible for the post study 485 and your
occupation is not on SOL Schedule 1, then you may
need an employer to sponsor you. This pathway has
good options to PR, possibly with no skills
assessment and lower English.
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Great option if you can do it. This is what we
would first of all be aiming at, but it's not
possible for everyone.
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Another great 'direct to PR' option with no
skills assessment. Wages can be lower than with
the 457. You need an employer in a regional area.
PR visa can be cancelled if you don't stay with
the employer for 2 years.
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Which visa? Choosing the correct visa or pathway
can be complicated and mistakes can be very
costly. If your visa is refused while you are in
Australia you could be barred from making further
applications. You need to understand whether you
can meet requirements before you lodge. You also
need to understand how your choices lead to PR.
Let's start by looking at the 485. If you are
eligible for the 485 it is an excellent place to
start. It gives you breathing space.
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The 485 Visa The 485 visa can lead you to
employer sponsored or possibly skilled permanent
visas in the future. Depending on your
eligibility, it could be an 18 month, 2, 3 or 4
year visa. There are now two possible options in
the 485 visa. These are called 'streams' - the
Graduate Skilled Stream or the Post Study Work
Stream.
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• Graduate Stream
• 18 month visa
• Occupation must be on SOL Schedule 1
• Requires a skills assessment
• 2 years study
• IELTS 6 (at time of application)
• Only 485 option for people who had applied for a
  student visa before Nov 5th 2011
• Only 485 option for people who have a trade
  level qualification.

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• Post Study Work Stream
• You must have applied for your first ever
  student visa after 5th of November 2011
• Bachelor level or higher
• 2 years study
• No skills assessment required
• No occupations list
• IELTS 6 (at time of application)
• Length of visa depends on your course of study
  (see next slide)

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• Post Study Work Stream (continued)Visa length
  depends on qualification obtained in Australia
• Bachelor (2 year visa)
• Masters by coursework (2 year visa)
• Masters by research (3 year visa)
• Doctorate (4 year visa)
• What's missing? Diploma, Cert IV etc...

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485 The 485 has very particular requirements. It
is critical that you understand which stream you
are applying in and what the requirements are at
time of application and at time of
decision. Small things trip people up and result
in refusals with this visa. You must understand
the detail.
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• 485 - Time of Application Common Criteria
• Met 2 year study requirement in the last 6 months
  (course completion)
• IELTS 6 at time of application
• Applied for an AFP clearance (and evidence with
  your application)
• Booked in for your medicals with MHS for the
  purpose of the 485 visa (and evidence with your
  application). A medical for a student visa cannot
  be used to meet this requirement.
• Be under 50 years of age

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• 485 - Time of Application Common Criteria
  (continued)
• Hold an eligible visa. This can get complex so be
  careful. For example, if you apply for a new
  student visa to study English, this could make
  you ineligible for your 485!
• Hold, or have held an eligible student visa in
  the last 6 months.
• Met 2 year study requirement in the last 6 months
• 1440
• Be in Australia
• Health insurance - see next slide

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Be careful of the health insurance requirement.
Here is an extract from the government
policy Applicants who are also Student visa
holders may present evidence of a valid Overseas
Student Health Cover (OSHC) policy at time of
visa application to satisfy 485.215(1).
However, OSHC is not acceptable at time of
decision. If the applicant moves from their
Student visa to a bridging visa when their
Student visa ceases, they will be required to
obtain a non-OSHC policy to meet the health
insurance requirements for their VC-485 visa
application immediately after their OSHC ceases.

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• 485 - Graduate Stream Time of Application
• Occupation on Schedule 1 of the SOL
• If using multiple courses the study must be
  'closely related'
• Applied for skills assessment for your occupation
• At the time of decision you must have a positive
  skills assessment for your nominated occupation.

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• 485 - Post Study Stream Time of Application
• Completed an eligible qualification awarded by an
  eligible institution within the last 6 months.
• No skills assessment and no nominated occupation
  requirements!

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• 485 - time of decisionYou need to be aware of a
  number of time of decision requirements. These
  depend on your 'steam', but can include things
  like
• Having a positive skills assessment for your
  occupation (Graduate Stream only).
• Maintained adequate health insurance throughout
  the whole processing period and while you hold
  the visa.
• Meet all health and character requirements
  (beware of 4020).
• Must be in Australia (primary applicant).

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A word on 4020... The Department has what they
call 'Public Interest Criteria 4020'. This is how
they smash people who have provided bogus
documents or false information in their
application, or in the application for a visa
they have held in the last 12 months. DO NOT
provide false documents or information. It can
catch up with you years later and blow you
away. Examples from our experience (IELTS and
police clearances)...
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485 - how does the application process
work? Once you lodge a valid 485 visa
application you will receive a bridging visa.
Normally this will be a BVA. The bridging visa
allows you to remain lawfully in Australia while
your 485 visa is being processed (see diagram on
next slide). You can't travel while holding a
BVA, you must hold a BVB! NotesMake sure you
are lawful at the time you apply! Becoming
unlawful can have terrible consequences (like
visa refusal and a three year ban).
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Student visa expiry
573 student visa
New visa approved. BVA ceases.
Apply for another visa (eg 485). BVA granted here.
BVA comes into effect when student via expires.
No travel on BVA., but you can get a BVB if you
need to travel.
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What about Skilled Permanent Visas? Depending
on your situation, you may have a direct to
permanent skilled visa option, or you could be
working towards your skilled visa, via the 485 or
employer sponsored visas.
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GSM subclasses 189 - independent permanent 190 -
nominated permanent 489 - 4 year provisional visa
which can lead to the permanent 887 visa. Hint -
if your occupation is on schedule 1 and you have
an eligible family member in Melbourne the 489
could be a good option.
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• GSM eligibility
• Whether or not you are able to apply for your
  skilled visa will depend on various eligibility
  criteria. These will include
• Your occupation
• Can you meet assessing authority requirements?
• Do you need state nomination?
• Points Test
• Occupation ceilings!

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IT Occupations Recent changes to the ACS
requirements. There is now a 485 skills
assessment. You can obtain the assessment based
on your qualification only (no work). Must be
bachelor or higher. Permanent skills assessment
for Australian graduates can be obtained only
after one year of post qualification work or
completion of a professional year. Now need to
be very careful about the introduction of the
'skilled level requirement met' date for skilled
work experience points.
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Accountants For the permanent skills assessment
you need to make sure you meet the IELTS Academic
7 and meet the '9 in 12' mandatory subjects (or
be a member of an approved association in lieu of
the 9/12). Alternatively, obtain a 485
assessment with IELTS general 6. You can then
meet the permanent requirements later. You can
avoid the Academic IELTS 7 if you complete a
professional year. Hint - fast processing skills
assessments. Possible 'direct to permanent'
options.
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GSM Process The permanent skilled migration
visa program is called 'SkillSelect'. The process
involves an expression of interest rather than an
application. An application for the visa can then
only be made if your expression of interest is
accepted and you are invited to apply for a visa.
Make sure you have met ALL requirements before
you lodge your EoI. False information can result
in a three year ban!
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What about Employer Sponsored Visas? The
temporary visa - 457 Permanent visas - ENS and
RSMS
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The 457 visa The 457 visa is a temporary visa
that can go for up to 4 years, and can be
renewed. It can be a great way to open your
pathways to a permanent visa in either the
skilled or employer sponsored space. It is a
reasonably fast visa so employers like it.
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The 457 visa - process Stage 1 - Sponsorship -
about the employer. Stage 2 - Nomination - about
the position and rate of pay. Stage 3 - Visa
Application - about proving that you have the
skills and English ability to meet requirements.
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The 457 visa - transitional residence pathway An
example of how the employer sponsored visas can
work is to find an employer to sponsor you on the
temporary visa (457), then once you are in
Australia working for that employer possibly look
at applying for permanent residence with their
support (ENS or RSMS). This is called the
Temporary Residence Transition Stream and is one
of the most effective pathways to possible
permanent residence.
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• ENS - subclass 186
• This is a permanent employer sponsored visa. Your
  employer can be anywhere in Australia (city and
  regional).
• In most cases applicants won't be eligible for
  the ENS (subclass 186) visa as a new graduate.
  You may be able to meet requirements for this
  visa if
• You have three years post qualification work
  experience, or
• You have worked for your employer on the 457 for
  2 years, or
• You earn over 180K per year.

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RSMS - subclass 187 This is a permanent employer
sponsored regional visa. Your employer must be in
a 'regional' of Australia. In Victoria -
anywhere except Melbourne Metro area. In NSW
anywhere except Sydney, Wollongong or
Newcastle. In Queensland - anywhere except
Brisbane or the Gold Coast. All of Western
Australia, South Australia, Tasmania, the
Northern Territory.
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• RSMS - subclass 187
• There is no occupations list for RSMS. Your
  occupation must be ANZSCO Skill Level 1-3.
• Like the ENS visa, there are 2 pathways for this
  visa
• Transitional Residence Pathway
• Direct Entry

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• Transitional Residence Pathway
• This is for applicants who have worked for their
  sponsoring employer in their nominated occupation
  for at least 2 years while holding a 457 visa.
• Main benefits
• Lower IELTS than 'Direct Entry' (IELTS 5)
• No Regional Certification

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• Direct Entry
• This is a permanent visa which you can apply for
  as soon as you complete your course, as long as
  you have an employer to sponsor you.
• Main benefits
• You do not need a skills assessment (unless you
  are applying on the basis of a non-Australian
  trade qualification)
• You do not need work experience
• You need only to meet 'ANZSCO' requirements
• IELTS 6

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RSMS - important information You must make a
'genuine effort' to remain with your sponsoring
employer for the first 2 years after the visa is
approved or your visa can be cancelled. DIBP do
cancel these visas!
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• What do the employers need for RSMS?
• Active, lawful, operating business
• Genuine position
• Pay 'market salary rate'
• No training requirement (for direct entry
  applicants)

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• Other options?
• Partner options?
• Further study?
• Look out for any government changes, especially
  to access to the post study work stream.

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How to start with National Visas...
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Questions?
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This slide show will be available on our
National Visas blog site here http//www.nation
alvisas.com.au/blog/
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www.nationalvisas.com.au