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Sunday, October 28, 2007

Points for PR

For most General Skilled Migration visas, your application will be assessed against a points test. You can claim points under a range of different factors. The maximum points that can be claimed in any one factor reflects how valuable those characteristics are in the Australian labour market or in assisting settlement.

What is the pass mark?

The pass mark is the total points you need to score to be eligible for a points–tested General Skilled Migration visa.

What happens if you don't meet the pass mark?

If you have applied for a Skilled – Independent (Migrant) visa (subclass 175) or a Skilled – Sponsored (Migrant) visa (subclass 176) and you score below the pass mark, but above the 'pool mark', your application will be held 'in the pool' for up to two (2) years after assessment.

If the pass mark is lowered at any time in that two (2) year period, and your score is equal to or higher than the new pass mark, your application will be processed further.

Rather than waiting in the pool, you could consider the following visa options if you do not meet the pass mark:

  1. If you score 100 points you may be eligible for a Skilled – Sponsored (Migrant) visa (subclass 176) or a Skilled – Regional Sponsored (Provisional) visa (subclass 475) visa.
    See:
    Skilled – Sponsored (Migrant) visa (subclass 176) visa
    Skilled – Regional Sponsored (Provisional) visa (subclass 475) visa
  2. If you meet the pool mark for the Skilled – Independent (Migrant) visa (Subclass 175), you can still lodge and register for the Skill Matching Database. More information on Skill Matching is available.
    See: Skill Matching Database

What are the current pass and pool marks?

The table below lists all the current pass and pool marks for the points–tested visas in the General Skilled Migration category.

Category Pass mark Pool mark
Skilled – Independent (Migrant) visa (subclass 175) 120 100
Skilled – Sponsored (Migrant) visa (subclass 176) 100 80
Skilled – Regional Sponsored (Provisional) visa (subclass 475) 100 100
Skilled – Independent (Residence) visa (subclass 885) 120 120
Skilled – Sponsored (Residence) visa (subclass 886) 100 100
Skilled – Regional Sponsored (Provisional) visa (subclass 487) 100 100

How often do the pass and pool marks change?

Changes to the pass and pool marks occur to address Australian labour market needs.

You should check the current pass mark immediately before making an application. You will be assessed against the pass and pool mark that is in effect on the day you make your application.


Points Break down

You can calculate your points at this link

http://www.workpermit.com/australia/point_calculator.htm

-------------------------------------------------------------



Please note that the pass marks are subject to change. You should check the latest pass marks when making decisions. I will update my blog regularly to reflect any changes in the pass marks.

257 comments:

1 – 200 of 257   Newer›   Newest»
Nikhil said...

Hi,

Great blog once again.. And thanks esp for that link.. Very good.. I still have a query.. Bout the IELTS(15 or 25 points).. Ill b takin up the ielts sometime in jan next year for visa purposes.. But since its valid only for 2 years,on completion of my Masters,do i need to take it up again to make the necessary points on it for PR purposes? If yes, had i not scored >7 in all sections of the test in jan2008 but still got a visa and if i score >7 in all sections when i take up the test for PR, would my prev score bring my points down?

Thanks,
Nikhil

Junaid N. Sahibzada said...

If your IELTS exam is valid on the date of your application, you dont need to give the exam.

If the score has expired on the date of your application, then you need to give the exam again.

Nikhil said...

Thanks again..

So Acc to this,if i score over 7 in all sections of ielts, i think ill be eligible for pr after graduating..

Age: Below 30 30 points
Aus Study: 05 points
IELTS: 25 points
IT Professionals-NEC 60 points

Totals 120 points..

The above is true right?

Thanks,
Nikhil

Junaid N. Sahibzada said...

Exactly.

That is what how I have applied :)


You need to keep track of any rule changes.

The worst that can happen is that they can increase the pass mark to 125 which is unlikely but you should be prepared for that.

If that happens, you should know what other alternatives you have.

SIR, STNI, etc etc.

Get some skills like CCNA, MCSE, etc before you come and you can get a part time 20 hours per week job which you can then use for bonus points.

Its always good to have a backup.

Nikhil said...

Thanks.. i do plan to do CCNA.. and can you please elaborate on SIR and STNI? i read about it in a link from google, but im not able to understand how they help with aditional points.

Junaid N. Sahibzada said...

SIR and STNI are different pathways for PR. Both of them have certain restrictions attached to them.

SIR is only a three years temporary residency/work permit in which you have to live and work in the state which granted you SIR.

STNI is a permanent residency visa, but you have to live the first two years in that particular state which granted you the visa and out of those two years, you have to work at least one year in the particular state which granted you the visa.

If you are an IT guy, it would be difficult to get STNI or SIR as IT people are NOT in demand in regional areas.

Regional areas are those area with less population growth.

Nikhil said...

Thanks again.. So i guess u eed to do somethingmelse to boost up my points ad hope that the pass mark does not rise for the next 3 years....

praveen said...

Hi junaid,

Need some help with my queries. Do I and my spouse both need to take IELTS. Can you please provide any link that gives a steps to follow for applying for PR? I need to start from scratch and my previous employers are in India and US. TIA

TP

Junaid N. Sahibzada said...

If you are applying for offshore immigration, yes both you and your spouse needs to give IELTS.

If you are applying for offshore immigration, the following are the steps you need to follow.

1. Check whether your profession is listed in the SOL or not? If yes

2 . Have your skills assessed by the relevant assessing authorities. For every profession there is a relevant assessing authority listed on the SOL.

3. Make sure you score all the points required by your relevant category. Check my post which explains how many points are required for which category.

http://immigrate-to-australia.blogspot.com/2007/10/points-for.html

4. Once you have been assessed by the assessing authority, get all the documents and apply for PR.

You will need documentation one every step.

Every assessing authority has explained clear cut guidelines about what documents to submit in what format.

You should read the relevant websites and application requirements as to what documents are required in what format.

The rest is a straight forward process.

lily said...

Hi there i have a question, i am a dentist from india, i am taking up a course which is for 1.5 years, my IELTS also expires in nov end, I will be taking up the course and giving the dental i.e. the ADC exams as well along with my uni course, how many points do i get if i complete all this and how much time will it take for me to apply for a pr.

Junaid N. Sahibzada said...

Hi Lily,

1 .How many points do you get if you clear the ADC exam?

Ans: The Australian Dental Exam is a two part exam. You need to clear both parts, a theoretical and a practical based exam, in order to practice as a dentist in Australia.

If you clear both exams, you dont need to study any more. You can directly apply for PR based on your Australian dental qualifications.

The only problem is that it takes quite a lot of time before you get a seat for appearing in the practical part two exam.

2. What happens if I dont clear one or both parts of ADC?

Ans: If you are unable to clear both or a single part of the exam, then you will have to apply for PR on the basis of your Australian education which must be a 92 weeks OR 2 year degree.

How many points you get for your degree depends upon the degree itself. Most medical professionals from India/Pakistan opt for Masters in Public Health, MPH, but MPH degree will only fetch you 50 points after 2 years.

So either you try to clear both parts and then apply for PR based on your eligibility of a being a dentist certified by the Australian dental council

OR

You apply for PR on the basis of your Australian education. In which case your degree must get you 60 points so that you can get the rest of 60 points for age, IELTS, and Australian education.

Hope this answers your question.

Junaid N. Sahibzada said...

Apart from that, you can also explore the option of State sponsored Nomination.

You should check what sort of professions in dentistry are required by a state and then try to get yourself approved for that.

gaurav said...

Hi,

Derz one question for you as am doing diploma in accounting here so m i legal to apply for PR after two years or not and iv completed my Bachelors in Commerce from India.

Regards
Gaurav

Anonymous said...

@Gurav,

If the total offical duration of your degrees/diplomas is equal to 92 weeks then you can apply for PR. Other wise you cannot apply for it.

kishore said...

hi sir,
i m kishore im planning to do diploma or masters in accounting on june,bcoz of my finance i m planning to do diploma.i finished batchlors of commerce.wat r the job oppurtunities after completing
my diploma,thr pr point fr diploma in accounts was 60.

Aftab said...

Hi!
How are you Junaid. Its really nice to know that you are helping people all over the world and giving them useful information.

Junaid, I have a Diploma and a Degree in Computer Science and have a little confusion about my years of Job experience and here is the breakdown of my details:

1- I got my Diploma in Software Engineering in 03 Sep 2002
2- Joined a company in June 2003 as a computer professional.
3- Obtained my 3 years Bachelors Degree in IT in Oct '2005.

My question is, will my experience be counted after I joined the company or after I obtained my degree.

What should I write to ACS about my experience.

Also one last thing Junaid, while submitted the documents to ACS for skills assessment do I have to submit IELTS score along with my degree and a reference letter?

I can get a reference letter and have my degrees attested but IELTS exams will take place after 3 months.

Can I send my IELTS score later on or is it necessary to send it along with degree and reference letter.

I know my letter is lengthy Junaid but your reply would be greatly appreciated.

Thank you!

Aftab

Junaid said...

You should read the current guidelines provided by ACS for skills recognition of IT professionals.

https://www.acs.org.au/assessment/docs/Current_PIMGuidelines.pdf

The above PDF document explains which category you should apply for and how many years of experience you require.

Read it carefully and let me know if you still have questions unanswered.



*********My question is, will my experience be counted after I joined the company or after I obtained my degree.**********8

In my opinion, if you are applying from outside Australia, ACS only certifies you as an IT professional if you have a valid 4 years of work experience AFTER completing 16 years of study, i.e. 12 years of schooling plus 4 years of university degree.

Since part of your work experience is before your bachelor's degree, I am not sure how ACS, or the immigration department would handle your case.

Also your bachelors degree is of 3 years, not 4. But if the ACS decides, it might consider your diploma too!. So give it a try.

Read the PDF document provided above and I guess you will find answers to all your questions in it.

*******What should I write to ACS about my experience.*******

Everything they have asked for in the PDF document.


********Also one last thing Junaid, while submitted the documents to ACS for skills assessment do I have to submit IELTS score along with my degree and a reference letter?********

Check the PDF document. It lists what documents are required. I cant remember if I sent my IELTS results or not. But I think it is not required.

Again read the PDF document and let me know if any thing is not clear.

Kind Regards

Junaid

Junaid said...

https://www.acs.org.au/assessment/docs/Current_PIMGuidelines.pdf

Current_PIMGuidelines.pdf

Aftab said...

Thank you very much Junaid for your reply.

Now for my degree and experience (as mentioned in my previous post), its up to them to decide how they calculate.
Yeah I read the PDF file you sent they need 4 years experience. I was employed in 2003(Now it is 2007 year-end which already makes 4 years) and at the same time used to attend evening classes to complete my degree. Lets see how they handle my case. But do you think my is very complicated? :o)

Now coming back to IELTS. The next general purpose exam will take place on Feb I am thinking, instead of waiting that long I better send my attested degrees and a reference letter to ACS but again IELTS can secure me some points and help in my assessment.
Please advise.

Thank you Junaid!

Aftab

kishore said...

hai junaid sir,
i completed batchlors of commerce in 2007 with 49%(3rd division).i want to know which r the universities accepting 3rd division andif ido diploma in accounting fr 2years what r the chances of my job and and hom much points that they will give fr diploma in accounting when they caculating pr.

Junaid said...

@Kishore

*********i completed batchlors of commerce in 2007 with 49%(3rd division).i want to know which r the universities accepting 3rd division*********

Most of the universities will accept you as long as you pay the cash.


****andif ido diploma in accounting fr 2years what r the chances of my job****

That depends upon your skills and work experience. Normally in Australia, you get jobs because of your skills and work experience and not because of your degrees.

***and and hom much points that they will give fr diploma in accounting when they caculating pr.***

You should check that from the assessing authority of accountants which the immigration department has listed in the Skilled Occupation List SOL.

There is a link to the SOL in one of my articles.

Kind Regards

kishore said...

thanks sir,
i checked and it has only 50 points,when i study 2 years i can apply fr pr and the points should be calculated like this.
course-50
age-30
studies-5
ielts-15,can i qualify fr pr bcoz pool mark is 100.its like this

Junaid said...

@Kishore

The pool mark is 100 but the pass mark is 120.

You only get PR if you have 120 points.

If you have less then pass marks but above then pool marks, then your application stays in the process for up to two years after which if you cannot qualify for PR, your application is rejected.

You need to get 120 points to get PR. Not 100.

Kind Regards

kishore said...

hai junaid sir,
thanks fr ur reply,if i study master courses in any colleges there is any difficult fr getting pr and job.i got modl points with or without work experience fr the courses like accounting.if i score 6.5 in ielts how much points that i get and fr 25 points we want to score overall 7 or 7 in all 4 components bcoz i m going to write the exam on jan.

kishore said...

hai sir,
thanks fr ur reply,i get modl points only by showing work experience or not.if i do diploma i get modl points.

Abhinav said...

Hi Junaid, its really nice you helping people.

I too have few queries:
I am a computer engineer and working in an IT firm for around 2 yrs. I want to migrate to Australia.

My points break down clearly shows i secure above 120 points, but i have one doubt.i read that to get PR one should have atleast 3 yrs of experience.
Is it so?
Also what opportunities lies for an IT professional in Australia. Is finding as job tough there?


Thanks
Abhinav

Junaid said...

@Abhinav

To get yourself assessed from ACS, you need 4 years of paid experience after your bachelors degree or 16 years of education.

You can confirm this by visiting the following link

http://www.acs.org.au/index.cfm?action=show&conID=skillguidelines

Check the current guidelines.

krish said...

krish-we are applying for STNI VISA from india ..i needed to know which IELTS module am i supposed to answer the general or general/academics both? secondly how much am i supposed to score in each module ..minimum being the primary applicant?please let me kknow!!!!

Junaid said...

@Krish

If you are applying for immigration, you only need to take general IELTS exam. If you want, you can also take the academic one. But only the general one is required for immigration purposes.

Yes both the primary and secondary applicants need to take the exam.

The minimum requirement for the primary applicant is competent that is 6 in each of the 4 modules..

The minimum requirement for the secondary application is also 6.

You can verify this info from the following link.

http://www.immi.gov.au/skilled/general-skilled-migration/475/eligibility-english.htm

krish said...

thanks for your prompt reply.i needed to know the cost of living of per person in australia in the NSW teritory.
1. what is the minimum one can earn in australia(having experience) and being a graduate,monthly or weekly basis?
2. what is the minimum rent of a normal furnished 1bhk apt(studio apt) .which can reside 2 people.(in and around NSW)
3.if my spouse is not a graduate but has experience to suport him what kind of job can he get and how much minimum can his salary be?
4.how much would the monthly expenses come upto to?(food + traveling + rent)

kindly if u could help me know more one the following queries?
thanks.

Junaid said...

@Krish

****i needed to know the cost of living of per person in australia in the NSW teritory.

It depends where you are living. The more closer you live to the city, the more expensive it is. The farther you live from the city the less expensive it becomes.

Normally, you can live a decent living by spending $1000 AUD per month per person.

Check the map of Sydney. The post code of the Sydney City is 2000. So postcodes 2001 and 2002 are expensive areas. Post codes 2234 and 2240 are cheap ones. The more closer the post code is to 2000 the more expensive it is.

****1. what is the minimum one can earn in australia(having experience) and being a graduate,monthly or weekly basis?

Depends on your skills and your industry. You can easily earn $400 per week by working in blue collar jobs like pizza delivery, car wash, super markets etc. I dont know your background so I am unable to tell you how much salary you will get.

It all depends on your skills and abilities and EXPERIENCE.

***2. what is the minimum rent of a normal furnished 1bhk apt(studio apt) .which can reside 2 people.(in and around NSW)

Check my answer number 1. The rent can go from any where between $150 per week to $1000 per week.

*****3.if my spouse is not a graduate but has experience to suport him what kind of job can he get and how much minimum can his salary be?

Degrees dont matter over here. What matters is experience and skills.

If your spouse has 4 years of work experience, then he can easily get a 60k to 70k per year. Job in his own profession.

*****4.how much would the monthly expenses come upto to?(food + traveling + rent)

For a decent living you need $1000 per month per person. You can easily make $1600 per month.

****kindly if u could help me know more one the following queries?
thanks.

Hope this helps.

krish said...

i am of comerce back ground and so is my hubby.i hav experience of 5 year as acountant (internal auditor) & my husband of sales n marketing of 4 years n more(is not graduate).
i wanted to know for the stni visa, i am supposed to get 7 in each and my hubby min asked is 4.5 average,(as told by a consultant)
my assesment form is gone to vetasses for verification. how long wil the entire process take place?acc to u do i have to show work exp. til date? and what all documents am i suppsed to show along with my WORK EXP LETER-
1.IS MY APPOINTMENT LETTER REQUIRED/?
2. PAY SLIP OF LATEST 3 MONTHS OR PREVIOUS SLIPS TOO?
3. DO I HAVE TO SHOW FUNDS FOR THE stni visa(PR)

THANKS

krish said...

hello
thanks 4 ur prompt reply
i had a few more queries:
1.i am a commerce grad. and hav exp in accounting & int auditor.(5 yrs)i want to knw along with my work experience leter..am i suposed to submit even my appointment letter & the pay slips ?should the slips be recent 3 months? i hav 5 yrs exp, but hav i to show till date exp? or not>?to qualify for the STNI(PR) VISA?

2. My husband is also from commerce back ground but has exp is sales n mktg for 4 yrs n more.

do i need to show funds for the STNI VISA?(PR), MY APPLICATION IS SENT TO VETASSESS..HOW LONG WIL THE PROCESS TAKE Acc. to u?

thanks

Junaid said...

@Krish

****1.i am a commerce grad. and hav exp in accounting & int auditor.(5 yrs)i want to knw along with my work experience leter..am i suposed to submit even my appointment letter & the pay slips ?should the slips be recent 3 months?

The department will instruct you about what documents are required. Follow their guidelines and instructions.

***i hav 5 yrs exp, but hav i to show till date exp? or not>?to qualify for the STNI(PR) VISA?

As already mentioned, the department will itself instruct you what documents are required.

***do i need to show funds for the STNI VISA?(PR), MY APPLICATION IS SENT TO VETASSESS..

I am not sure what you are talking about but you do not need to show bank balances for immigration purposes. Bank balances are only required when applying for temporary visas such as student, traveller or tourist.

***HOW LONG WIL THE PROCESS TAKE Acc. to u?

It depends from case to case basis. It can take around 6 to 14 months.

Junaid said...

****i wanted to know for the stni visa, i am supposed to get 7 in each and my hubby min asked is 4.5 average,(as told by a consultant).


The immigration department requires 6 but the assessing authority might require 7. So it would be better to get 7. The assessing authorities expect you to have a good command over written and spoken English language.

Check what is the requirement of your concerned assessing authority.


****my assesment form is gone to vetasses for verification. how long wil the entire process take place?


No time frame is given. It can take 4 weeks or 52 weeks. Depends on case to case basis.

****acc to u do i have to show work exp. til date? and what all documents am i suppsed to show along with my WORK EXP LETER-
1.IS MY APPOINTMENT LETTER REQUIRED/?
2. PAY SLIP OF LATEST 3 MONTHS OR PREVIOUS SLIPS TOO?

Check what are the instructions of the department regarding proof of work experience. Follow their instructions and provide them with the documents they require.


****3. DO I HAVE TO SHOW FUNDS FOR THE stni visa(PR)

No you do not have to show funds for immigration purposes.

krish said...

thanks for ur guidelines.

Deep said...

Hi,
I am in the process of migrating to Ausi as Skill Independent.As of now I have 115 points where the pass marks is 120.I have a Austarlian IT Diploma which I have done in Sri Lanka. What i want to ask is whether they will give 5 point to my Diploma? Please reply me.

Thanks
Deep

Junaid said...

@Deep

****I am in the process of migrating to Ausi as Skill Independent.As of now I have 115 points where the pass marks is 120.I have a Austarlian IT Diploma which I have done in Sri Lanka. What i want to ask is whether they will give 5 point to my Diploma? Please reply me.********


You can only get points for an Australian qualification, if that qualification was achieved while you were physically present in Australia.

There are other ways of getting the extra 5 points such as getting a 7 band in all four modules in IELTS.

OR

Becoming an interpreter of one of the 29 national languages of Australia by assessing yourself in one of the language from NAATI.

http://www.naati.com.au/

Nikhil said...

Hi Junaid...I just come across this blog while surfing web! I am doing my Masters of Biotechnology from Swinburne University Melbourne. I will finish my course in december 2008 next year as I have finished 2 of my 4 semester. I guess my skill worth 50 points, 30 points for my age and 5 points for my 2 year masters and 25 points if i score 7 bands in each of the department in IELTS. The thing is by doing so I will manage to get only 110 points but to get PR I need to have 10 more points so as to complete 120 points benchmark. Can u suggest me the ways so that I can fulfil the 120 points requirements. Few of the thing which I know is to get a job in biotechnology field when I would be getting a 18 month temporary residency! by doing so I can get 10 more points. what else u can suggest .. do you know is there any possibility of biotechnology being in MODL list! One more thing when i will go to search for job in biotechnology market what are the basic requirements as I would be a fresh post graduate! Regards!!

Junaid said...

****Can u suggest me the ways so that I can fulfil the 120 points requirements.

You can get extra points by

1. Appearing in the NAATI, www.naati.com.au, interpreter or translator test for your respective language, e.g Hindi, Punjabi etc, and becoming a professional interpreter or translator in one of the 28 national languages of Australia. This will only fetch you 5 points.

2. Working for one year, without violating your visa work conditions, in a field which is on the MODL, e.g. cookery, you can work in an Indian resturant, electrician, plumber etc. I am not sure who much points this will fetch you. Check the points breakdown calculator I have listed on my blog.

3. Getting work experience after your bachelors using the 18 months graduate skilled visa and then applying for PR based on that work experience. This work experience must be at least for one year, 20 hours per week paid work experience.

Right now I can only think of these.



****do you know is there any possibility of biotechnology being in MODL list!

No I am unable to comment on that.


***what are the basic requirements as I would be a fresh post graduate!

Well, you need to make a good resume, prepare for the interview well.

I will be soon introducing a paid resume making service plus interview preparation service custom tailored for desi people.

Keep visiting my blog for updates.

Nick said...

Thanx a lot Junaid.. but I am planning for a Phd here cause I wanna do research work ... that way i will directly get PR after completion of Phd... Thanx a lot for ur help.. Cheers!!

Junaid said...

Your welcome

Anonymous said...

Hi Mate!

Quick questions for you..
For VISA 176..
1. How long does it take for the application to be processed(Online application) from the time of submission?
2. What are my chances of obtaining the VISA with the following points:
Age : 30
Assessment : 60
WorkExperience : 10
IELTS : 15
State Nomination : 10
Total : 125
3. Is it advised that I should proceed with the Medical and Police check even without being told to do so by my Case Officer?

Junaid said...

*************

Quick questions for you..
For VISA 176..
1. How long does it take for the application to be processed(Online application) from the time of submission?
2. What are my chances of obtaining the VISA with the following points:
Age : 30
Assessment : 60
WorkExperience : 10
IELTS : 15
State Nomination : 10
Total : 125
3. Is it advised that I should proceed with the Medical and Police check even without being told to do so by my Case Officer?

*******************

Answer:

As long as your points are equal or above the required pass mark, your chances are 100%.

It can take from any where between 9 months and 24 months.

Send the police check and medical when requested by the immigration department.

archana said...

Hi Junaid,

Nice Blog Yaar..,

Really going through your blog have fetched me lots of info for applying to australia,

I need info about teachers, my wife experience qualifies in SOl list,
but have few doughts...

1. what are the changes, if i apply for a skilled migrant + PR, and i secondary applicant with IT 6 years EXP ?
2. Does you recommend any immigration consultancy from india or Australia ??
3. what is the actual fee involved in the whole process ??

Need your recommendations...

vijay

Junaid N. Sahibzada said...

*****

I need info about teachers, my wife experience qualifies in SOl list,
but have few doughts****

It doesn't matter whether its your profession OR your spouse's profession which is on MODL or SOL. One of you can apply as the primary applicant while the other one can apply as the secondary applicant****

1. what are the changes, if i apply for a skilled migrant + PR, and i secondary applicant with IT 6 years EXP ?****

Well I need to know a lot of things before I can give you an affirmative or negative answer.

But If you are under 45

AND

your profession is on SOL or MODL

AND

You have at least 4 years of experience in your profession after completing a bachelors degree

Then you have good chances of getting residency.

*****2. Does you recommend any immigration consultancy from india or Australia ??*****


I would recommend the lawyer whose services I hired myself, for my brother and would hire for my family in the future.

His website is www.auslead.com

His name if Arun Garg. He processed my brother's case very professionally. My brother was in Pakistan.

Send me your email and I will refer him to you.

PLEASE REMEMBER THAT IT IS ALWAYS GOOD TO HIRE MIGRATION AGENTS WHO ARE REGISTERED WITH MARA.

www.themara.com.au

Do not hire an agent who is not registered with MARA. You can legally sue an agent by complaining to MARA if he is registered with them. Registered MARA lawyers always give their MARA registration numbers which you can confirm on the MARA website.

*****3. what is the actual fee involved in the whole process ??****

The application fee is $2060. The fees of lawyers can be different from lawyer to lawyer.


Hope this helps.

Kind Regards

Junaid

Nirmal said...

I came across this site while surfing for information on the net.it is absolutely wonderful.i have a few queries.My wife is qualified as a teacher in india. MSc Physics + BEd which is qualification to teach in primary and secondary students.She has only one year teaching experience though.
So one way we thought of getting PR is Occupation(primary/sec) 60
Age (below 30) 30
English 25
State Nomination 10
which will come to 125 pts and we can get through.
In case we dont get state nomination,our plan is
my wife takes up a two year Master in teaching(early child care)doing part time 20 hrs if possible in child care centres.
Then after masters, points will be
Occupation(pre-primary) 60 pts
Age 30
english 25
australian 2yrs study 5
aus work experience 10
total 130 points

what is ur opinion, any suggestions?
My wife prefers to teach in pre-primary section and there are a
few Masters which are eligible for registration as pre-primary teacher after completion.
Thank you
Nirmal

Junaid N. Sahibzada said...

@Nirmal

I would suggest, you to follow the following instructions.

1. Check whether profession of the primary application is on the SOL/MODL or not?

2. If yes, then check how many years of experience is required by the immigration department which will make you eligible for immigration.

3. If the primary application has that much experience, then the primary application should get himself/herself certified by the relevant assessing body, the name of which would be listed on the SOL/MODL next to the profession.

4. Make sure that you have the required number of points required for the visa category you are applying for. You can gain extra bonus points for many thing like, 7 in all bands of IELTS, spouse skills/profession being on SOL/MODL. In that case, the spouse also has to get his/her skills certified from the relevant assessing body.


The other way is to come to Australia as an international student, study for two years in a field related to a profession on the SOL/MODL and then apply for immigration after that.

Its a difficult and costly way but its up to you.

If your wife comes to Australia on a student visa, you as her husband will get full time work rights.

So if one of you can work full time then the other one can easily study and later on apply for residency.

Nirmal said...

Another doubt is if we come on student visa and do one year work in day care centre, would that be counted as experience in related job for category - primary teacher?so we can apply after first year of study?

Junaid N. Sahibzada said...

*****

Another doubt is if we come on student visa and do one year work in day care centre, would that be counted as experience in related job for category - primary teacher?so we can apply after first year of study?

*****

Is child care also listed on the SOL/MODL?

I think child care is not the same as teaching primary or pre-primary school kids.

If they are the same then is teaching pre-primary listed on the SOL/MODL?

You can check whether child care is the same as teaching pre-school kids by contacting the assessing body for teachers.

In my opinion child care and teaching Kindergarten (pre-primary) are two different things.

But you can still get it confirmed by contacting the relevant assessing body.

Kind Regards

J

Aftab said...

Hi Junaid,

I am about to receive my ACS result and appeared for my IELTS and all set for the visa application :)

I just have a maJor problem I hope you can help me out:

I'm married and have a kid. My wife and I are separated for more than a year now and we don't talk nor communicate.

Now, my 1 year old daughter is in her custody. We are separated but are NOT divorced yet.

I don't want to even tell my ex about my immigration as she can create problems for me.

I just want my process of go smoothly. I have 4 questions Junaid.

* Do you feel that medical is still required for my daughter who is an infant (just one and a half years old and in mother custody)
* Do I have to approach any legal office and all they've to do is put a legal stamp on the declaration.. is it?
* Do I also have to include such minor details as why we got separated and when etc?
* Also, Do you think it is ok if I simply choose the separated checkmark on the visa application and then attach the legal declaration along with the visa application?

Thanks in advance Junaid.

Looking forward to your kind reply.

Cheers!

Junaid N. Sahibzada said...

@Aftab

1. I would highly suggest that you contact a lawyer to get legal advice as my knowledge is only limited to international students.

I cant be of much help in legal matters where marriage and relationships are involved.

If you want I can introduce you to MARA qualified lawyer and he will be able to accurately answer all your questions. He will be charging you $110 for a one hour consultancy.

Do you live in Sydney or overseas. For overseas you have to arrange payments through an online service like PayPal etc.

2. Unofficially, from what I know is not to include your spouse and child at this point in time as secondary applications for immigration.

Simply include yourself as the primary applicant with no secondary applicants.

But then I am not sure if DIMIA will be contacting your family or not. So I am not sure.

I would suggest you contact a MARA certified lawyer.

Kind Regards

Junaid

Anonymous said...

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and for his charges there is no limit.

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Believe me guys this is real truth, i dont have any other intention but tell my views and bitter experience with him.
He talks sweet until you pay him, after that his client position is worse than servants.

Junaid N. Sahibzada said...

@Anoynmous ^^

*************************

Never Ever Take service from auslead.com

My entire savings lost because of him.
He has only limited capacity to do few things. but he promises everything.
and for his charges there is no limit.

he squeezes blood from you and enjoys.
Believe me guys this is real truth, i dont have any other intention but tell my views and bitter experience with him.
He talks sweet until you pay him, after that his client position is worse than servants.

**************************

Send me your details and I will be able to help you out.

sjunaidn @ gmail . com

Averal Lim said...

Thank you for writing this informative blog. I would like to ask several questions:

1) I would like to ask if 2 years long distance learning (off campus) from an Australian University included in the 2 years rule?

2) If not, is the only way to apply for Skilled Migration through

a) Working for 1 year in a specified profession

b) Studying for 2 years in Australia

If i transfer to Australia during my last semester for 4 months and start looking for a full time job there is it possible? I do not fulfill both of the listed requirements although.

When i tabulated my points i had :

50 points for your nominated occupation
30 points for your age
25 points for English language ability
0 points for your work experience
0 points for your occupation in demand / job offer
5 points for Australian qualifications
0 points for spouse skills
0 points for work experience within Australia
5 points for language experience
0 points for regional study experience
0 points for State/Territory sponsorship
115 total points

Please advise me on my next course of action, thank you.

Junaid N. Sahibzada said...

@Averal

*******************************

Thank you for writing this informative blog. I would like to ask several questions:

1) I would like to ask if 2 years long distance learning (off campus) from an Australian University included in the 2 years rule?

2) If not, is the only way to apply for Skilled Migration through

a) Working for 1 year in a specified profession

b) Studying for 2 years in Australia

If i transfer to Australia during my last semester for 4 months and start looking for a full time job there is it possible? I do not fulfill both of the listed requirements although.

When i tabulated my points i had :

50 points for your nominated occupation
30 points for your age
25 points for English language ability
0 points for your work experience
0 points for your occupation in demand / job offer
5 points for Australian qualifications
0 points for spouse skills
0 points for work experience within Australia
5 points for language experience
0 points for regional study experience
0 points for State/Territory sponsorship
115 total points


***********************


@Averal

1. Off distance learning education, specially if you are outside Australia is not counted towards the time for PR. You need to be physically present in Australia while studying at an Australian university.

2. Yes the two ways to come to Australia as a skilled migrant are

a) Study in Australia for two years
b) Fulfill the required work experience, normally one year, in a field listed on the SOL, and then apply for offshore migration.


3. I really didnt understand your last question. Please explain again.


4. 50 points for your nominated occupation
30 points for your age
25 points for English language ability
0 points for your work experience
0 points for your occupation in demand / job offer
5 points for Australian qualifications
0 points for spouse skills
0 points for work experience within Australia
5 points for language experience
0 points for regional study experience
0 points for State/Territory sponsorship
115 total points

You need to score 120 points to be able to get a PR visa. Also you need to pass a NAATI exam before you can claim 5 extra points for language skills.

Kind Regards

Junaid

Anonymous said...

Dear Junaid,
If I get a PR based on a MODL category, can I work in some other category after landing in Australia.
What would the tution fees be for children in thier 11th and 12th classes in Australia if the parent is holding a PR.
regds abdullah

Junaid N. Sahibzada said...

@Abdullah

**************************

Dear Junaid,
If I get a PR based on a MODL category, can I work in some other category after landing in Australia.
What would the tution fees be for children in thier 11th and 12th classes in Australia if the parent is holding a PR.
regds abdullah


***********************

If you get a visa 175, then you have no restrictions on what type of work you do once you arrive in Australia.

I am not aware of the tuition fees in schools since I dont have kids. However in most public schools the tuition fees is very nominal and you also get family benefits if your income is below a particular threshold.

There might be some restrictions with other types of visa.

Kind Regards

Junaid

Anonymous said...

Neeru

Hi Junaid

I am accountant in India & has work ex`of around 7 years but I am only graduate. My wife is a english teacher having 4 years of work ex. What are the chances of getting PR Visa for Australia.

I have consult lot of immigration Lawyers in India but did not got a satisfactory reply from them. Some of them said it is possible to get visa & other refused. Please help....

Junaid N. Sahibzada said...

@Neeru

********************

Neeru

Hi Junaid

I am accountant in India & has work ex`of around 7 years but I am only graduate. My wife is a english teacher having 4 years of work ex. What are the chances of getting PR Visa for Australia.

I have consult lot of immigration Lawyers in India but did not got a satisfactory reply from them. Some of them said it is possible to get visa & other refused. Please help...


**********************

@Neeru

The first step would be to get yourself a positive skill assessment as an accountant for yourself and as an English language teacher for your wife.

If you are able to get yourself assessed as an accountant and your wife as an English language teacher, then yes, you can get a PR.

The assessing body for accountants is CPAA/ICAA/NIA

The assessing body for Corporate treasurer is CPAA/ICAA/NIA

The assessing body for internal auditor is VETASSESS

The assessing body for external auditor is CPAA/ICAA/NIA

The assessing body for English language teachers is VETASSESS.

If you are able to get positive assessments, then yes you can get PR.

Contact me once you have a positive skills assessment.

Kind Regards

Junaid

Anonymous said...

Hi Junaid,
Need your advice, my husband is planning to apply for offshore general skilled PR and myself as dependent. There are some confusion whether I need to take IELTS too or not. If I graduated Bachelor from US (total stay in US= 4+ years), do I need to take IELTS again? What else do I need to provide as dependent?
Thanks a lot.
Viona

Junaid N. Sahibzada said...

@Viona

********************

Hi Junaid,
Need your advice, my husband is planning to apply for offshore general skilled PR and myself as dependent. There are some confusion whether I need to take IELTS too or not. If I graduated Bachelor from US (total stay in US= 4+ years), do I need to take IELTS again? What else do I need to provide as dependent?
Thanks a lot.
Viona


******************

Secondary applicants aged 18 years or over should have at least functional level of English.


*your IELTS TRF Number to show you have a band score of at least four and a half (4.5) based on all four components.

Important: If you are using an IELTS test to show functional English, it must be from a test sat no more than 12 months before making your application.

* evidence that you have a degree, diploma or trade qualification requiring at least two (2) years of full time study or training with all instruction conducted in English


* evidence that you have completed at least one (1) year of full time study in Australia towards a degree or diploma qualification with all instruction conducted in English


* evidence that you have completed one of the following at an educational institution where all instruction was conducted in English:


o your primary education and at least three (3) years of secondary education, or


o at least five (5) years of secondary education.


Hope this helps.

Anup said...

hi junaid,
My question is not about PR..I have offers from two universities in Melb.(Swinburne and La Trobe) for Masters in networking..the problem is that I heard that Swinburne is highly regarded for its Networking course and La trobe is known for business courses..but I found that the course content for La trobe is much better than swinburne..so I am now in a dilemma about selecting the university..Kindly help in choosing b/w the two..Job prospects wud be another fact that i'll consider before chosing the university.....

Anonymous said...

Hi,

Great post and I ve been following those past entries. Anway, I would like to know about my case:-

i) I am currently doing Masters of Engineering Science (Research) in Melb. Uni. -> I have checked from CRICOS webpage and it doesnt fulfill the 92 threshold.

ii) Previously I have worked for 2 years in Singapore and Malaysia in the related field I am studying currently

iii) If I do not qualify for the 60 points, how is that normally possible for me to claim that? I see most of my friends take up an extra graduate certificate for 6 mths. However, Im not sure does it have to be tight up to the related field? And if so, how if the there is a gap between my masters completion with the enrolment of the graduate certificate in other institution?


Please advise if there is any other suggestions or help.

Appreciate alot.

Thanks.

Junaid N. Sahibzada said...

@Anonymous

**********************

Hi,

Great post and I ve been following those past entries. Anway, I would like to know about my case:-

i) I am currently doing Masters of Engineering Science (Research) in Melb. Uni. -> I have checked from CRICOS webpage and it doesnt fulfill the 92 threshold.

ii) Previously I have worked for 2 years in Singapore and Malaysia in the related field I am studying currently

iii) If I do not qualify for the 60 points, how is that normally possible for me to claim that? I see most of my friends take up an extra graduate certificate for 6 mths. However, Im not sure does it have to be tight up to the related field? And if so, how if the there is a gap between my masters completion with the enrolment of the graduate certificate in other institution?


Please advise if there is any other suggestions or help.

Appreciate alot.


***************************

Here is what you need to do

1. Complete your current course
2. Enroll in another graduate diploma

3. Finish the graduate diploma
4. Select an occupation on the SOL, which is closely related to your the degrees you have completed. Both your degrees should be closely related to the profession you chose on the SOL.

5. Apply for skills assessment from the relevant assessing body.

6. Give the IELTS exam and then lodge the application for PR.

PS: You need to tell me whether your occupation on the SOL is related to engineering or IT. If it is engineering then there is a little extra information I need to give you.

Let me know and I will advise you further.

Kind Regards

Junaid

Junaid N. Sahibzada said...

@Anup

*******************

hi junaid,
My question is not about PR..I have offers from two universities in Melb.(Swinburne and La Trobe) for Masters in networking..the problem is that I heard that Swinburne is highly regarded for its Networking course and La trobe is known for business courses..but I found that the course content for La trobe is much better than swinburne..so I am now in a dilemma about selecting the university..Kindly help in choosing b/w the two..Job prospects wud be another fact that i'll consider before chosing the university.....



***************

so I am now in a dilemma about selecting the university.


Well if the course contents for LaTrobe are better then go for it.

A lot also depends upon the delivery of the course.

Send me the links for the courses and I will compare them and let you know what I think.

Kind Regards

Junaid

Anonymous said...

Hi,

Thanks for the previous reply.

Rgrding the graduate diploma which you suggested, does it have to be very close to the current masters course?

My field is on software testing and previous work experience, I did involve in telecommunication and engineering stuffs indirectly.

Please advise. Thanks.

Junaid N. Sahibzada said...

@Anonymous

***************************

Hi,

Thanks for the previous reply.

Rgrding the graduate diploma which you suggested, does it have to be very close to the current masters course?

My field is on software testing and previous work experience, I did involve in telecommunication and engineering stuffs indirectly.

Please advise. Thanks.


*******************************

Rgrding the graduate diploma which you suggested, does it have to be very close to the current masters course?

Yes, all your degrees/diplomas must be closely related to the profession you chose on the SOL/MODL.


My field is on software testing and previous work experience, I did involve in telecommunication and engineering stuffs indirectly.

If you are applying for onshore migration visa 885 or 886, then your previous work experience doesn't count.

Only work experience in Australia counts.

So make sure your courses are closely related and you study for two full academic years.

Kind Regards

Junaid

Anup said...

Hi Junaid,
Sorry for the late reply.I appreciate your response fro my question..here are the links for the course contents-

1) Swinburne-Master of Science(Network Systems) http://courses.swinburne.edu.au/Courses/ViewCourseInternational.aspx?id=22280

2)La Trobe- Masters in computer Networks
http://www.latrobe.edu.au/handbook/2008/postgraduate/science-tech/coursework/smcn.htm

Please take a look and advice..I know that you have studied networking from UTS so I guess u'll be the best person to guide me.As a matter of fact I also got an offer from UTS but can't afford it..too costly for me.
Thanks a lot again...bye
Anup

Junaid N. Sahibzada said...

@Anup

Between the two I will choose the course on the following URL

http://courses.swinburne.edu.au/Courses/ViewCourseInternational.aspx?id=22280

Pranav said...

naid
Was browsing google and i came accross your blog.Well to start my name is pranav rai sood and i am applying for MIT from swinburne this coming feb 09.Junaid i wanted to know that is this choice of course a n appropriate one for me to get a Pr as i want to migrate to AUSTRALIA .I am chainging my profession from a physiotherapist in to ITfield i have done MY BPT from india .and had an intrest in Computers since schooling.I wanted to know that after MIT will I be able to apply for a PR.Also wanted to tell you that my cousin just got denied of his TR .He is doing his course in commercial cookery and is a chef his course was of 2 years and today he got a TR rejected report .Imm really afraid as i don want this scenario with me.Please let me know about the details .Waiting for Your reply..

Pranav

Junaid N. Sahibzada said...

@Pranav

To be able to apply for PR, you need to fulfill the following criteria

1. Study in an Australian university/tertiary institution for at least 2 years in a CRICOS certified course.

TO be able to obtain PR you need to be able to

1. Select a profession on the skilled occupation list

2. Your degree which you studied in Australia should be closely related to the profession you select on the SOL.

3. You must get at least 6 band in all modules of IELTS

4. You must pass the points test which is 120 points for visa sub class 885 and 100 points for visa sublcass 886.

Hope this answers the question.

Pranav said...

Hii Junaid Thanks for an early reply dude.
Foe the visa sub class 886 is is a sponsored residency visa .So for this Can my cousin brother(He is a citizen) or my cousin uncle (also a citizen) can they sponsor me. for it as it requires only 100 pool and pass marks for the eligibility Waiting for your repl

Junaid N. Sahibzada said...

@Pranav

The following people can sponsor you

Who can be a sponsor?

To sponsor a skilled worker you must be at least 18 years of age and usually resident in Australia as one of the following:
an Australian citizen
an Australian permanent resident
an Eligible New Zealand citizen.


You, your spouse or your interdependent partner must be related to your sponsor as one of the following:

a non-dependent child – including an adoptive or step-child
a parent – including adoptive or step–parent
a brother or sister – including adoptive or step-siblings
a niece or nephew – including adoptive or step–niece or nephew
an aunt or uncle – including adoptive or step–aunt or uncle

Where can a sponsor be living?
Your sponsor can live anywhere in Australia.

Kind Regards

Junaid

Anonymous said...

Hi there,

I am applying for regional sponsored work visa subclass 475.

I have done BSc Computer Science degree (4 yrs including placement year) from United kingdom. I am an indian national. My ielts score is 7.5 though i got 6 in writing.

I have 2 years of work experience with 2 months in US as i was on H1 visa.

I have a few questions on regional sponsored work visa.

1. I have submitted my offer letter and my experience letters from my previous jobs. Do they get verified?

2. What type of work can i do on subclass 475 visa? Does it has to be related to my nominated occupation or can it be anything for the pathway to PR?

3. How much time does the visa takes?

Junaid N. Sahibzada said...

@@^^

*******************

Hi there,

I am applying for regional sponsored work visa subclass 475.

I have done BSc Computer Science degree (4 yrs including placement year) from United kingdom. I am an indian national. My ielts score is 7.5 though i got 6 in writing.

I have 2 years of work experience with 2 months in US as i was on H1 visa.

I have a few questions on regional sponsored work visa.

1. I have submitted my offer letter and my experience letters from my previous jobs. Do they get verified?

2. What type of work can i do on subclass 475 visa? Does it has to be related to my nominated occupation or can it be anything for the pathway to PR?

3. How much time does the visa takes?


**************************



1. I have submitted my offer letter and my experience letters from my previous jobs. Do they get verified?



Yes, they do get verified as much as possible.



2. What type of work can i do on subclass 475 visa? Does it has to be related to my nominated occupation or can it be anything for the pathway to PR?


One of the condition related to your work , living and study is as follows



8539

While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A, as in force:

(a) when the visa was granted; or

(b) if the holder has held more than 1 visa that is subject to this condition — when the first of those visas was granted.


As you can see there is no restriction on the type of work you do. The only restriction is where you live.

However, you must be interested in permanent residency after you have lived in Australia for the duration of your visa.

After your 475 visa expires, you would need to make an application for permanent residency once again.

To be able to do that you would again need to choose a profession on the SOL.

To do that you would need to show work experience in your relevant field for at least the past one year.

So you can work as many jobs as you want, however, you must remember that if you plan to get PR, it would be in your interests to work in your own profession or a profession which is on SOL.



3. How much time does the visa takes?


The time taken to process your application is different for different applicants.

The more quickly they verify your documents, the quickly your visa application is processed.

Kind Regards

Junaid

Anonymous said...

Thank you so much for clarifying those questions junaid.

Junaid N. Sahibzada said...

Your welcome.

By the way, why dont you apply for 176, which has the same pass mark as 475 and is a permanent visa?

Kind Regards

Junaid

Anonymous said...

My brother's counsellor is doing this visa for me. He suggested me to go on 475 visa. Are there any advantages of 176 over 475?

My brother is on a student visa in melbourne. Can he sponsor me for 475 visa? will i get some points on that?

Junaid N. Sahibzada said...

@^^

My brother's counsellor is doing this visa for me. He suggested me to go on 475 visa. Are there any advantages of 176 over 475?

My brother is on a student visa in melbourne. Can he sponsor me for 475 visa? will i get some points on that?


*******************

My brother's counsellor is doing this visa for me. He suggested me to go on 475 visa. Are there any advantages of 176 over 475?

Yes, the biggest advantage of 176 is that it is a permanent visa where as 475 is a temporary visa.

So if you can get 176, do go for it as it is a permanent visa which gets directly converted into citizenship.


My brother is on a student visa in melbourne. Can he sponsor me for 475 visa? will i get some points on that?

No, only permanent residents who are eligible relatives of the applicants can sponsor you.

Please check my blog for a list of eligible relatives.

http://study-n-australia.blogspot.com/2008/10/list-of-eligible-sponsors-for-886-and.html

As for a detailed difference between 176 and 475, please visit the link below.

http://www.liveinvictoria.vic.gov.au/ViewPage.action?siteNodeId=1441&languageId=1&contentId=-1


Kind Regards

Junaid

anup said...

Hi Junaid,
Thanks for helping me in deciding the university and course..i have almost finalised Swinburne University( Master of Science-network Systems). But I have some doubts-I checked the MODL list and found that the closest occupation for related to Networking is Network and Internet security. I do have couple of modules related to security in the course, so would that be enough or do we have to supplement that by doing certifications etc..also one more doubt I have is that its stated that for getting PR I need to work in the same field of my study, so do I necessarily need to find job in Network security or can we do some other jobs related to Networking like Network administrator, network designer etc. So I am really confused about the MODL and the PR part..Could you pls make it clear?? Thanks again for the help provided so far..
Regards,
Anup

Junaid N. Sahibzada said...

@Anup

***********************

Hi Junaid,
Thanks for helping me in deciding the university and course..i have almost finalised Swinburne University( Master of Science-network Systems). But I have some doubts-I checked the MODL list and found that the closest occupation for related to Networking is Network and Internet security. I do have couple of modules related to security in the course, so would that be enough or do we have to supplement that by doing certifications etc..also one more doubt I have is that its stated that for getting PR I need to work in the same field of my study, so do I necessarily need to find job in Network security or can we do some other jobs related to Networking like Network administrator, network designer etc. So I am really confused about the MODL and the PR part..Could you pls make it clear?? Thanks again for the help provided so far..
Regards,
Anup


***************************

You are not very clear about things.


Misconception 1

You cannot claim points for MODL, at least the IT related professions on MODL, without having work experience in the profession.

You can chose the profession computing professional 2231-79 (nec) on the SOL. NEC stands for Not else where classified.

To be able to claim points for MODL, you need to have work experience. Check ACS website as to how many years of work experience is required for claiming points of MODL.

If you apply for onshore migration visa 885 or 886, you do not need any work experience. However, you will be short of 5 points which you can make up by

1. Scoring 7 band in all modules of IELTS.

2. Getting 900 hours of paid work experience in the profession you select on SOL which must be closely related to your degree.

3. Appearing in the NAATI exam.

4. Obtaining STNI in case of 886. Make sure you check whether IT is on the list of any state or not before you apply for 886.

Hope this clears your misconception.

Hope this answers your question. Let me know if you have any more question.

Kind Regards

Junaid

Pranav said...

Hi junaid i had a doubt after reading your reply for anup.I am tensed as i am from a medical field i.e im a physiotherapist switching over to IT am applyin for MIT @swinburne but i have no previous expreience of IT I.E Job exp.so will i not be able to claim modl points for IT in the list as the course is accrediated by ACS at the professional level this is not clear to me please can you help me in this regard also after completing my 2 years MIT syudies in aus please let me kno which all PR subclass visas do i fall .i hope you understand what imm askin.do reply
Thanks Junaid

Anonymous said...

Hi Junaid,

I am applying for Skilled Independent Regional visa for Adelaide.

What type of work can i do on this visa? Does it has to be related to my occupation which is computer programmer or can it be anything for PR?

How much time does the visa takes?

Is british qualification equivalent to australian degree? I have a BSc Computer Science degree of 3 yrs and 1 year sandwich placement. I got a 2:1 (which is 60%)

Junaid N. Sahibzada said...

@^^

******************

Hi Junaid,

I am applying for Skilled Independent Regional visa for Adelaide.

What type of work can i do on this visa? Does it has to be related to my occupation which is computer programmer or can it be anything for PR?

How much time does the visa takes?

Is british qualification equivalent to australian degree? I have a BSc Computer Science degree of 3 yrs and 1 year sandwich placement. I got a 2:1 (which is 60%)


**********************

Visa 475 or 176 do not restrict the holder to any particular type of work. You can do what ever you want.

But if you have 475, which is a temporary three year work visa, then you have to again apply for a permanent visa at the end of your 3 year visa.

And if you have not worked in your field of profession, you will not be able to apply for immigration based on work experience.

Though you might be able to apply for immigration based on other factors such as study etc.

Time taken to process applications vary from case to case basis.

It might take any where between 1 to 2 years.

You need to have your qualifications assessed from ACS as a professional in one of the fields of computing listed on the SOL. It doesn't matter where you have done your degree from.

Kind Regards

Junaid

Junaid N. Sahibzada said...

@Pranav

*************************

Hi junaid i had a doubt after reading your reply for anup.I am tensed as i am from a medical field i.e im a physiotherapist switching over to IT am applyin for MIT @swinburne but i have no previous expreience of IT I.E Job exp.so will i not be able to claim modl points for IT in the list as the course is accrediated by ACS at the professional level this is not clear to me please can you help me in this regard also after completing my 2 years MIT syudies in aus please let me kno which all PR subclass visas do i fall .i hope you understand what imm askin.do reply
Thanks Junaid


**************************

Yes you cannot claim MODL points if you do not have work experience in your field.

The course you would take up might be accredited by ACS, but claiming MODL points requires WORK EXPERIENCE. Not degrees.

After completing your two years studies, you can apply for 885 and 886.

Kind Regards

Junaid

anup said...

Hi Junaid,
I have a question..as you might be knowing I am going for MS Network Systems in Swinburne Univ.I am currently working in an IT company here in India and in all I will have about 2 years exp when I leave the job.So, my question is that will these 2 years come in handy when search for a job there in Australia. I know this work exp would have become invalid while I apply for PR but at least would the employers consider this work exp as its related to networking. Also would certifications like CCNA and MCSE help? Kidly advise.
Thanks,
Anup

Junaid N. Sahibzada said...

@Anup

****************************

Hi Junaid,
I have a question..as you might be knowing I am going for MS Network Systems in Swinburne Univ.I am currently working in an IT company here in India and in all I will have about 2 years exp when I leave the job.So, my question is that will these 2 years come in handy when search for a job there in Australia. I know this work exp would have become invalid while I apply for PR but at least would the employers consider this work exp as its related to networking. Also would certifications like CCNA and MCSE help? Kidly advise.
Thanks,
Anup


***********************

my question is that will these 2 years come in handy when search for a job there in Australia.

Yes very handy. Work experience and certifications are the only thing that will help you in Australia.

Make sure you have MCSE before you come to Australia. Will make your life very easy.

Kind Regards

Junaid

Anonymous said...

Hi

I have 3 yrs 7 months for relevent experience in IT. I am employed in an IT MNC in india. ** Is this exp enough for GSM 175 class?

What is the procedure for GSM 175 visa class?

1) should i have to send the documents to ACS before applying in ASPC.

2) Though i have provisional certificates and all mark sheets, i haven't yet applied for my degree certificates. Are the provisional certificates, course completion certificate and marksheets enough for ACS assessment

3) For work experience
i) should i have to submit all my employers joining, releiving orders, payslips.

11) Then what does EMPLOYER REFERENCE mean...what should be the format...


big list...but pls help :-)

Junaid N. Sahibzada said...

@^^

Hi

I have 3 yrs 7 months for relevent experience in IT. I am employed in an IT MNC in india. ** Is this exp enough for GSM 175 class?

What is the procedure for GSM 175 visa class?

1) should i have to send the documents to ACS before applying in ASPC.

2) Though i have provisional certificates and all mark sheets, i haven't yet applied for my degree certificates. Are the provisional certificates, course completion certificate and marksheets enough for ACS assessment

3) For work experience
i) should i have to submit all my employers joining, releiving orders, payslips.

11) Then what does EMPLOYER REFERENCE mean...what should be the format...


big list...but pls help :-)


*****************************

I have 3 yrs 7 months for relevent experience in IT. I am employed in an IT MNC in india. ** Is this exp enough for GSM 175 class?


From the immigration department's point of view YES, this is enough experience.

From the ACS point of view NO. So you need to have 4 years of work experience to be able to apply for assessment with ACS. If you do not get an assessment from ACS as an IT professional, you will not be able to apply for PR.


What is the procedure for GSM 175 visa class?


1. Choose a profession on the SOL.

2. Get assessed in the profession you chose on the SOL from the relevant assessing body as mentioned in the SOL. In your case ACS.

3. Appear for IELTS and score a minimum 6 band in all modules of academic OR general version of the test.

4. Check that you score 120 points.


5. Apply for PR.


Though i have provisional certificates and all mark sheets, i haven't yet applied for my degree ceritificates. Are the provisional certificates, course completion certificate and marksheets enough for ACS assessment

Yes thats enough. Double check by reading the ACS guidelines. You must have at least 4 years of work experience to be able to obtain a positive skills assessment from ACS.


1) should i have to send the documents to ACS before applying in ASPC.

Yes you first need to have a positive skills assessment before you can apply to ASPC.


3) For work experience
i) should i have to submit all my employers joining, releiving orders, payslips.


Yes and plus tax returns as well.


11) Then what does EMPLOYER REFERENCE mean...what should be the format...

A simple letter on company letter head stating that you work at position so and so and report to MR so and so.

Fax number, contact number, email, postal address.

Kind Regards

Junaid

Suhail said...

dear junaid
as an engineer, i understand that my assessing authority will be Engineers Australia. Kindly let me know if I have to go though this assessment even before I apply for a class 175 visa. or, is the assessment a part of the visa application? kindly pardon my ignorance as I am just beginning to make the enquiries.
Regards
Suhail

Junaid N. Sahibzada said...

@Suhail

Yes, you MUST obtain before lodging your application

1) A positive skills assessment from engineers Australia which clearly mentions the ASCO code of your profession you have chosen on the SOL.

2) A score of band 6 in all modules of IELTS.

3) Make sure that you have 120 points before you lodge the application.


If you do not have any of the above on the day you lodge the application, your application might be rejected.

Kind Regards

Junaid

Free immigration related advice provided under the registration number of Dr. Arun Garg, RMAN 9794416, Director Auslead International.

Please contact for a low cost initial consultation.

Anup said...

Hi Junaid,
How is the Australian IT industry doing after all this global recession? are there still jobs around?? I guess this might also reduce the chance of getting a good PT job....

Junaid N. Sahibzada said...

@Anup

The job industry will always be good for those with solid hands on skills.

For those with no skills the industry was never good.

Kind Regards

Junaid

Indhu said...

Hi

Im a engineer holding an electronics and communication degree.Having 4 years of IT experience.Would i be eligible to get a PR with this experience related to this and would i be able to get the MODL points?

Junaid N. Sahibzada said...

@Indhu

Yes you can apply for PR provided you obtain a positive skills assessment for a profession on the SOL/MODL.

You can check the SOL at the following URL

www.immi.gov.au/allforms/pdf/1121i.pdf


You can only obtain points for MODL if the profession you select is on the MODL and you have work experience in the profession.

Kind Regards

Junaid

Indhu said...

Thanks for your reply..

My occupation is on the SOL as computing professional/software designer.Its also on the MODL.
but poeple say since im holding a electronics and communication degree,i need to have 6 years of relevant experience in IT instead of 4 years to be eligible for apllying for PR.Is it true??....but im having 4 years of experience only

Can u kindly clarify my confusion.Im really confused.Is it 4 years or 6 years for PR because my bachelors degree is in Electronic and communication(ECE)

Junaid N. Sahibzada said...

@Indhu

*******************

Thanks for your reply..

My occupation is on the SOL as computing professional/software designer.Its also on the MODL.
but poeple say since im holding a electronics and communication degree,i need to have 6 years of relevant experience in IT instead of 4 years to be eligible for apllying for PR.Is it true??....but im having 4 years of experience only

Can u kindly clarify my confusion.Im really confused.Is it 4 years or 6 years for PR because my bachelors degree is in Electronic and communication(ECE)


*******************

The first step in applying for immigration is to get yourself a positive skills assessment from the respective assessing body.

In your case the assessing body is ACS.

With 4 years of work experience you can claim MODL points as well as obtain a positive skill assessment from ACS.

You do not need 6 years of experience.

Kind Regards

Junaid

Indhu said...

Thank you so much for your kind reply

A blog spot for australian immigration,when i went through the websites tell me,that the degree which i hold should have 70% of computer science core subjects,then only 4 years will be considered,else 6 years.But my degree holds only 10% of computer science core subjects.Since my degree had only 10% of computer subjects,it matters or it doesnt matters.Would there be any constraints?

If you clarify this query too,i would be able to take a step ahead.
Please,kindly do the needful.

Junaid N. Sahibzada said...

@Indhu

************************

Thank you so much for your kind reply

A blog spot for australian immigration,when i went through the websites tell me,that the degree which i hold should have 70% of computer science core subjects,then only 4 years will be considered,else 6 years.But my degree holds only 10% of computer science core subjects.Since my degree had only 10% of computer subjects,it matters or it doesnt matters.Would there be any constraints?

If you clarify this query too,i would be able to take a step ahead.
Please,kindly do the needful.


*************************

I am not sure which blog did you read, but I would suggest always reading the official website of the concerned body.

In your case the document you should be reading is the ACS guidelines for assessment which can be accessed by visiting the following URL

https://www.acs.org.au/assessment/docs/Current_PIMGuidelines.pdf

The document does mention that your bachelors degree should have ICT content but since you have extensive work experience in ICT, you would be able to obtain a positive skill assessment based on your work experience.

Give it a try. If ACS objects you can inform them of your work experience which is totally ICT based.

Also, in any case, you are only going to apply for PR once you have the IELTS results AND your positive skill assessment.

So there is no harm in giving it a try.

Kind Regards

Junaid

Indhu said...

Its great to hear a positive reply from your side.It was very optimisitc.

1.)Is part-time experience considered as a experience too?The part time experience was in the same IT field.Each day it was around 5 hours.I have worked as junior programmer.

2.)With all these experience,how do we make sure the ACS comes out with a positive feedback.Is any paper work needed?can u suggest some good ways?

Anonymous said...

Hey Junaid,

I am applying for Skilled Independent Regional visa for Adelaide.

I have got my skills assessed and the outcome is positive.

I have 2 years of work experience in my nominated occupation which is Computer Programmer. I have experience letters from the previous companies I have worked with.

My question is -

Are experience letters enough for the process? I dont have any payslips with me. Also what is the right format of experience letter or what all inforamtion it should contain to be accepted for Australian migration purposes?

Junaid N. Sahibzada said...

@Indhu

1.)Is part-time experience considered as a experience too?The part time experience was in the same IT field.Each day it was around 5 hours.I have worked as junior programmer.

Work experience which is 20 hours per week is considered full time work experience.


2.)With all these experience,how do we make sure the ACS comes out with a positive feedback.Is any paper work needed?can u suggest some good ways?

Check the instructions on the ACS website for filing an application.

Alternatively, if you want to lodge an application through us, we would be very much happy to assist you.

Kind Regards

Junaid

Junaid N. Sahibzada said...

@Anonymous

Hey Junaid,

I am applying for Skilled Independent Regional visa for Adelaide.

I have got my skills assessed and the outcome is positive.

I have 2 years of work experience in my nominated occupation which is Computer Programmer. I have experience letters from the previous companies I have worked with.



I am not sure how you have been able to obtain positive skill assessment from ACS with two years of work experience as ACS requires overseas applicants to demonstrate 4 years of work experience before they can be granted a positive skills assessment.

Which assessing body did you apply to?



My question is -

Are experience letters enough for the process? I dont have any payslips with me. Also what is the right format of experience letter or what all inforamtion it should contain to be accepted for Australian migration purposes?



You need to the following to prove your work experience

1. Offer letters
2. Pay slips
3. Tax returns
4. Reference letters

The list of documents required is listed on the application form.

If you do not have payslips and tax returns, you would have to get them from your company and your country's taxation office.

Kind Regards

Junaid

Anonymous said...

Hey Junaid,

To meet the recent work experience for Skilled Regional Sponsored visa, one needs to be employed for atleast 12 out of 24 months. Its not 4 years. Here is the link below, you can have a look -

http://www.immi.gov.au/skilled/general-skilled-migration/475/eligibility-work-experience-study.htm

It also lists the requirement of the documents to prove the work experience.

I am still not clear about payslips as i have lost them. I might be able to show bank statements or a letter from the company stating that it was a full time paid job.

Junaid N. Sahibzada said...

@^^

ey Junaid,

To meet the recent work experience for Skilled Regional Sponsored visa, one needs to be employed for atleast 12 out of 24 months. Its not 4 years. Here is the link below, you can have a look -

http://www.immi.gov.au/skilled/general-skilled-migration/475/eligibility-work-experience-study.htm

It also lists the requirement of the documents to prove the work experience.

I am still not clear about payslips as i have lost them. I might be able to show bank statements or a letter from the company stating that it was a full time paid job.



That requirement is the requirement of the immigration department.

What about the requirement of the Australian computer society?

Which assessing body did you get your assessment from? ACS?

Have you read the requirements of ACS for overseas applicants?

You can only get to the stage of applying to the immigration department once you have obtained a positive skills assessment from your respective assessing body.

If you have lost pay slips, do you have tax returns?

I am not sure what else can be provided to the immigration department as a proof of employment.

In such a case your employer will have to reissue you your payslips or write a letter stating that you were employed with them.

Kind Regards

Junaid

Anonymous said...

My assessing body is called Vetassess. It assessed my secondary qualifications like my degree and compared it to australian degree.

It has provided me with a positive outcome.

Junaid N. Sahibzada said...

@^^

And what is the profession you have chosen on the SOL/MODL?

If you read the SOL/MODL which can be accessed by visiting the following URLS

SOL

www.immi.gov.au/allforms/pdf/1121i.pdf

MODL

http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/occupations-in-demand.htm



You will see that against each profession there is a assessing body mentioned. If the profession you have chosen has VETASSESS listed against it as the assessing body then your work experience is valid.

If the assessing body listed against the profession you have chosen is ACS, then you need to have 2 more years of paid full time work experience.


Last of all you yourself just said that VETASSESS has assessed your degree. NOT your work experience.

All IT professionals need to have their work experience assessed by ACS as well as their degrees.

Kind Regards

Junaid

Marky said...

Hi,

Whats going to happen if i have already lodged my 175 visa application few weeks ago but then i noticed i didnt reach the minimum band score for reading in IELTS? I thought I should get a 7 as an over-all band score, meaning the average. I didnt know it should be 7 on each of the 4 components. Although I came down to the the test centre today and booked another exam.

Junaid N. Sahibzada said...

@Marky

One of the criteria to be satisfied at the time of making an application for visa subclass 175 is


175.213

Either:

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupations, and the applicant has vocational English; or

(b) the applicant has competent English.


Competent English is defined in Reg 1.15C as

If a person applies for a General Skilled Migration visa, the person has competent English if the person satisfies the Minister that the person:

(a) has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:

(i) an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening; or

(ii) a score:

(A) specified by the Minister in an instrument in writing for this sub-subparagraph; and

(B) in a language test specified by the Minister in the instrument; or

(b) holds a passport of a type specified by the Minister in an instrument in writing for this paragraph.


********************************

Sorry for bombarding you with technical legislative jargons but the point I am trying to clarify is that you have made a mistake in your application

1) The English language requirement is a criteria to be fulfilled at the time of lodging the application. So what ever score you had at the time of application will be considered.

In your case, you did not have a score of band 7 in all modules when you lodged the application. So according to the law you will be given 15 points when your case officer assesses your application.

Which means that you will be short of 120 points.

Now that is what should happen according to the law. However, you can request the case officer to consider your IELTS results which you obtained later (which is very unlikely.)

So it all depends upon two things now


1) Whether the case officer is good enough to consider your request to over look the mistake you have made.

2) Whether you can obtain 7 in all modules before your case file is opened by a case officer.

Let me know if you have any questions.

Kind Regards

Junaid

Marky said...

Hi Junaid,

Actually i got a 5.5 in reading, which means i didn't even reach the minimum band score for "competent english" category. But the thing is, I already have 115 points, I only need 5 more points to pass the mark. According to their website:

The points test pass mark for this visa is 120 points.
If you score less than 120 points but more than 100 points your application will be placed in reserve (the 'pool') and will remain in the pool for two (2) years after assessment. If the pass mark is lowered at any time during the two (2) year period, and your score is equal to or higher than the new pass mark, your application will then be processed further.
If you score less than 100 points, your application will be refused.

My questions are:

Does that mean my application won't get refused but they'll put it in "the pool" if ever they wont consider my 2nd IELTS exam supposing i got a 6 in all components? They cant be that inconsiderate are they to refuse my application or put me in the pool after submitting a good result on IELTS right?

Im a bit confused as to how the case officer will decide on my application. He may refuse it on the basis of my IELTS result, or maybe not coz i meet the pool points. AARRGGHH!!

So it all depends now on the case officer that will be assigned to me and if i could obtain at least a 6 on all modules before the case officer allocation?

How many months will it take before they assign a case officer after the visa lodging? I lodged mine this month and my next IELTS exam is scheduled in january. I cant wait to take the next IELTS!!

I was really shocked and upset with the IELTS result actually. I was pretty confident i did a pretty good job on reading and writing and not too good on listening, specially speaking coz the question asked to me was about news and i had to give some reactions. Man! I know nothing about news. Im into entertainment and gadgets. lol. And then the results came, I did better in listening and speaking than reading and writing. It was the opposite of what i expected!

What can you advice to me? Just focus on the IELTS first and worry later once i submitted it?

Thanks a lot.
Sorry for the long comment.

Marky

Junaid N. Sahibzada said...

@Marky

If the profession you have chosen on the SOL requires you to have 6 in each module, then your application will be rejected. If the profession you have nominated is a trades profession e.g plumber, electrician etc, then you only need to have a score of band 4 in each module.

The question is what happens when you are able to obtain a higher score in IELTS before your file is opened by the case officer?

Well, according to the law, your application should be rejected as you did not fulfill the competent English language criteria at the time of lodging the application.

Will the case officer be considerate enough?

Well we have to wait and see.

Kind Regards

Junaid

Marky said...

whats gonna happen if my visa was refused? can i just cancel the currrent application and lodge another one with a good ielts result? cozi dont wanna wait for months only to find out that my visa has been refused.

but i've read in many forums that it is a case to case basis... it puts more torture on me and now i couldn't sleep coz of this..

im on asco code 2231-79 c/c#/c++ MODL.
Ive been to australia before on a busines visa 456.
i just hope its enough for them to consider my application.

Junaid N. Sahibzada said...

@Marky

Yes you can always lodge a new application but that is going to cost you another $2000.

On the other hand, if you wait only to find that your application has been rejected then yes that is a waste of time.

Well, I would say, that if you have not submitted your IELTS results with the initial application, try getting a higher score in IELTS and then hope that the case officer asks for your IELTS results. You can then send the one that has the highest score hoping that the case officer will not object.


I will discuss this with my boss and if he can solve the issue, he might take up your case.


Send me your resume and the TRN that you got when you lodged the application.

PS: I see that you have a profession that is on the MODL.

Have you claimed points for MODL?

Kind Regards

Junaid

Marky said...

I have already submitted the result of my first IELTS. Unfortunately, you cannot delete what has been uploaded on the website.

Here are my points:
Age - 30 points
Nominated skilled occupation - 60 points
Specific work experience - 10 points
MODL - 15 points

Total is 15 points.

I really need that IELTS for points, at least a 6 in all components so I could claim 15 points. And its mandatory for people who come from asian countries.

Do you work as a migration agent or something? I hope your boss could give some feedback in case he has handled one before. Do I really have to give to you my resume and TRN?

Junaid N. Sahibzada said...

@Marky

I already informed you that there is quite a good reason for a case officer to reject your application for two reasons

1) Your score is below 6
2) The IELTS results you submitted were obtained after you lodged the application.


Thats why I always ask people to go through a migration agent for complete peace of mind.

Yes I work as a migration agent for www.auslead.com

Please let us know if you would like us to help you out.

Kind Regards

Junaid

Marky said...

The questions are:
is my case can be solved if i hire an agent?
is the fee lesser than the amount of lodging a new one?

I think im going to wait until i pass the IELTS exam which im going to take this january before deciding if i should go for an agent or not.

is it possible to lodge a new one without withdrawing the first one?

Thanks,
Marky

Junaid N. Sahibzada said...

@Marky

Ans 1: I will have to check with my boss and see if he can find a way out of this situation that is you dont have to lodge a new application and your improved new IELTS result is considered by the department. However, that depends if you really improve your score in the next test. If you do not improve your score then your application will get rejected sure shot.

Ans 2

I will have to consult my boss regarding the fees.

No, I dont think so the fees would be less then the actual amount of application itself. Reason being that your case is not straight forward and has legal complications.

To solve those complications, my boss might have to go the Migration Review Tribunal, make an appeal to the immigration department etc.

The above mentioned process requires time, attention and lots of preparation.


If you simply want to get rid of the whole issue, lodge a new application and make sure you dont mess up any thing again.

But before you do that, make sure you get at least 6 in every module of IELTS.

Yes, you can lodge as many applications as you like and all of them will be processed simultaneously.

So as a back up, you can lodge a new application just in case the first one gets rejected which I guess will get rejected.

So you will save lots of time by lodging a secondary application.

You wont have to face a situation where you wait for one year and then be told that your visa application is being rejected because your IELTS was not submitted on time.


As an advice, lodge the new application through a qualified agent. It would save you lots of time and money not to forget the uncertainity.


Kind Regards

Junaid

Marky said...

Yep! I'm gonna make sure that if my scores are not 9s, they will surely be greater than 6! hehe!

I heard about the MRT and its gonna take more money and time if i go that way just in case my applications got refused.

I'm glad to hear that i could submit more than one application. But Im hoping to get a CO before january ends. I saw a lot of applicants from singapore who got a CO in just a matter of 2 weeks.

The only thing is, I've already taken my medical exam and x-ray as requested online. I don't think I'm allowed to take another x-ray just after 2-3 months. This is another weird thing for me! They've already asked me to take them! Shouldn't it be after the assessment?

I really appreciate your help and advice mate!! You've just lessen the agony and frustrations I've been having since i made that mistake!

I will have to think about lodging my application with an agent. It has already cost me too much. But it'll give me more peace of mind though, specially if someone like you, who's very cunning about migration, handles my application. :)

Peace!
Marky

Junaid N. Sahibzada said...

@Marky

Yes lodging a new application would be the best thing right now.

If you can get a CO in two weeks then you might lodge a new application while your current medical tests are still valid.

I think medicals are valid for up to 3 months. I am not sure. check it up.

Yes it costs more but you get peace of mind and relieve from the hassles of legislative jigsaw.


If you really know every thing about migration law then there is no need to hire an agent.

You can do every thing that an agent can do.

However, it all depends whether you know every single thing about migration law.

Look at your case, in your opinion submitting IELTS results is not that big an issue but the law has changed since sept 2007 and now you have to submit IELTS before you lodge the application.


Do let me know if you want to hire our services.

Kind Regards

Junaid

Marky said...

After what happened, I'm pretty sure right now about what to do. I even reached the COMLAW (Common Wealth of Australia Law) as i went searching for answers.

Competent English is one of the primary criteria and the test must be done before the lodging! laws are laws! if there are any exceptions, they will put it there too for sure. If i were the officer, just by reading the Subclass 175 of Schedule 2 of the law, and the 1.15C of the Preliminary of the law, I will refuse that case too! haha!

The medical is valid for a year. The catch is, they wrote down my results on the documents i gave to them with my TRN and Infos. I'm not sure if i could come down again to the hospital and make then write the results on the new documents that will be generated after lodging.

Thank you again for being so generous in giving your opinions and advices for people needing help in getting down there!

I'll let you know my decision after the IELTS exam.

More power to your company!

Marky

Junaid N. Sahibzada said...

Your welcome.

PS: I actually made the same mistake by not appearing in the IELTS at the correct time. I thought I could lodge the application and then provide results later.

Fortunately the CO ignored the mistake or may be my lawyer handled the issue very well.

But in your case the issue is serious because you have not even scored 6 which is actually a pre-requisite.

Best of luck.

Kind Regards

Junaid

Marky said...

Hey Junaid,

I just wanna share a case that i found in one forum. He had lodged his 175 application without an IELTS in october 2007 before he retook the exam in Feb 2008.
This is the letter of the case officer to him last september 2008:

I am delegated under Section 65 of the Migration Act 1958 to decide your application for

migration.

You applied for a Class VE, subclass 175 Skilled - Independent (VE 175) visa on 10 October

2007. I have assessed your application against the legislative requirements for all visa subclasses

contained in class VE. The Visa Subclasses contained in class VE are:

● Skilled Independent Subclass 175

● Skilled Sponsored Subclass 176
As the application was lodged after 1 September 1994, the Migration Regulations 1994 apply.

In considering your application, I have taken account of the following:

● the Migration Act 1958;

● the Migration Regulations 1994 (the Regulations) as they apply to consideration of migration
applications, including Schedule 1, Schedule 2 and Schedule 6B;

● the Procedures Advice Manual (PAM3) which provides guidelines to officers administering
migration legislation;

● the Australian Standard Classification of Occupations (ASCO) as it applies to occupation
definitions and skill requirements in Australia; and

● the information contained in, and the documentation supplied with, your application for
migration to Australia.

Part 175 of Schedule 2 to the Migration Regulations 1994 sets out the criteria to be met for the

grant of a Class VE, subclass 175 Skilled - Independent (VE 175) visa. Clause 175.213 is one

of the mandatory requirements for the grant of the visa and it states:

Either:

a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian
Standard Classification of Occupation, and the applicant has vocational English; or

b) the applicant has competent English.

GSM Adelaide, 55 Currie Street Adelaide SA 5000

GPO Box 1638 ADELAIDE SA 5000 • Telephone: +61 1300 364 613 • Facsimile: +61 8 8237 6629 • Website:
http://www.immi.gov.au

Applicants are generally required to demonstrate their English language ability for this visa class

by providing their International English Language Testing System (IELTS) test results or

Occupational English Test (OET) results.

As you have not nominated a skilled occupation in Major Group IV in the Australian Standard

Classification of Occupation you are required to demonstrate at least a Competent level of
English.

Migration Regulation 1.15C prescribes the criteria for determining whether an applicant has

Competent English and it states:

Reg 1.15C Competent English

If a person applies for a General Skilled Migration visa, the person has competent English if the

person satisfies the Minister that the person:
(a) has achieved, in a test conducted not more than 2 years before the day on which the

application was lodged:

(i) an IELTS test score of at least 6 for each of the 4 test components of speaking, reading,

writing and listening; or

(ii) a score:

(A) specified by the Minister in an instrument in writing for this sub-subparagraph; and
(B) in a language test specified by the Minister in the instrument; or

(b) holds a passport of a type specified by the Minister in an instrument in writing for this
paragraph.

The OET is the language test referenced in sub regulation 1.15C(a)(ii)(B) and the specified scoreis at least a ‘B' on each of the 4 components of the test.
The passport types referenced in sub regulation 1.15C(b) are passports issued by the United

Kingdom, the United States of America, Canada, New Zealand or Ireland.

As you are not the holder of a passport issued by the United Kingdom, the United States of

America, Canada, New Zealand or Ireland you were required to demonstrate your English

language ability for this visa class by providing an IELTS or OET test.

The results of your IELTS test dated 16 February 2008 does not meet the requirement specified in Reg 1.15C(a), in which the test must be conducted
no more than 2 years before the date of your application. Therefore, that IELTS test results cannot be considered for the purpose of this assessment.

I noted that you have not provided evidences in the application that you had undertaken an

English test (IELTS or OET) within 24 months prior to the date of your application. As you

have not provided evidences of having competent English which specified in the Reg 1.15C you
consequently do not satisfy the requirements of clause 175.213

- 2 -

FINDING - 175: In respect of this subclass I find:
As you do not meet the legislative requirements for a subclass 175 visa as specified in subclause

175.213, I therefore refuse the grant of a subclass 175 visa to you.

Assessment against Skilled (Migrant) Sponsored (Subclass 176)

I have also assessed your application against the provisions of subclass 176 of VE visa class

Part 176 of Schedule 2 to the Migration Regulations 1994 sets out the criteria to be met for the

grant of a Class VE, subclass 176 Skilled - Sponsored visa. Clause 176.213 is one of the

mandatory requirements for the grant of the visa and it states:

Either:

a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian
Standard Classification of Occupation, and the applicant has vocational English; or

b) the applicant has competent English.

As above-mentioned, you have not provided evidences of having competent English which

specified in the Reg 1.15C you consequently do not satisfy the requirements of clause 176.213

FINDING - 176: In respect of this subclass I find:
As you do not meet the legislative requirements for a subclass 176 visa as specified in subclause

176.213, I therefore refuse the grant of a subclass 176 visa to you.

DECISION:

As you do not meet the legal requirements for the grant of any subclasses within the VE Class,

I therefore refuse to grant a Class VE Skilled - Independent (VE 175) visa to you.


This pretty much answered my question and definitely put an end to my frustration and hope for the application i did recently.

Motivation for lodging again: You can earn again the money you lost, but you cannot make up to the time that will be wasted on an inevitable negative outcome! Aaargh!

Hope this helps anyone reading your blog who's going through the same case as mine.

Cheers,
Marky

Anonymous said...

Hey Junaid,

I am applying for Records Manager profession. The visa i am applying for is called Skilled Independent Regional Visa.

Since my profession contains Database elements like Database programming, i would prefer to apply for under Records Manager rather than IT.

Also since my experience is less than 4 years. Do you think it will be wise to apply for Records Manager profession and get skills assessed from Vetassess rather than ACS.

Junaid N. Sahibzada said...

@Marky

Yup thats right. This is what I told you.

Your visa application will get rejected as per rules and regulations.

Junaid N. Sahibzada said...

@

Hey Junaid,

I am applying for Records Manager profession. The visa i am applying for is called Skilled Independent Regional Visa.

Since my profession contains Database elements like Database programming, i would prefer to apply for under Records Manager rather than IT.

Also since my experience is less than 4 years. Do you think it will be wise to apply for Records Manager profession and get skills assessed from Vetassess rather than ACS.



******************

If your work experience is less then 4 yrs and you are applying from overseas then you do not fulfill the requirements of ACS.


Last of all , it is not you who decides which assessing body to choose for assessment.

The name of the assessing body is listed against every profession and you can only obtain a positive skills assessment for that profession using that assessing body only.

In your case, the assessing body is VETASSESS. So you should get yourself assessed from VETASSESS.

Kind Regards

Junaid

Marky said...

Hey Junaid!

I sent an email to the department the other day about my query on sending another IELTS result.

This was my question:
I lodged my 175 visa application few weeks ago when i noticed the other day that i didnt reach the minimum band score for 1 component in IELTS. I thought I should get a 6 as an over-all band score. I didn't know it should be a 6 on each of the 4 components. Although I came down to the test centre yesterday and booked another IELTS exam. Will my application be refused? Pls. let me know what to do. Thanks.

This is their reply today:
One of the requirements for lodging a Skilled - (VE 175) Independent Visa application is to provide evidence of competent english at the time of lodging your application, which means attaining a score of 6 in all
components of your IELTS exam. Please refer to our website for this information at -
http://www.immi.gov.au/skilled/general-skilled-migration/175/eligibility-
english.htm

This is part of the criteria for successful lodgement of your 175
application. However, if you choose to sit another IELTS test, you may provide this result also and your case officer may take this into consideration.

Geez!! The last statement is driving me nuts! They're giving me hope! But i'm a bit pessimistic about this just by basing on the grounds of their criteria, unless the CO can put a different judgment on my case!

And my application status today is: Application being processed further.

What does that mean?! aarrghh.. im going insane!

Junaid N. Sahibzada said...

That is what I told you earlier.

There still might be a chance. So explore all avenues before you lodge a new application.

I had a similar situation where I had submitted an IELTS result which was announced after the date of lodging the application however, the case officer didnt raise an objection to that.

Kind Regards

Junaid

Marky said...

But had you submitted an IELTS report when you lodged your application before you retook the test? Or you didn't have it at all when you did the lodging?

Junaid N. Sahibzada said...

@Marky

I lodged the application on 27th of Sept, 2007.

I had appeared in an IELTS exam on the 23rd of Sept, 2007.

The result was announced some where in Oct, 2007.

I had to resit the exam as I did not get 7 in all modules and I was claiming bonus points.

I again appeared in an exam in Dec,2007.

The result was announced in Feb, 2008.

I again didnt get 7 in all modules so I again took another exam in March 2008.

I was assigned a case officer in April 2008.

I got 7 in all modules the last time and sent the last result to the case officer and was granted the residency on 28th of May, 2008.

I am getting a feeling that the reason I was spared was because I was an onshore applicant.

May be you do not get that relaxation as you are an offshore applicant.


But as I said, consult a good agent before you make your decision.

Kind Regards

Junaid

Anonymous said...

HI...
Great blog...really is helpful..
my query is that i'm from somalian live in Malaysia for study i will finish my IT (Networking)degree by Jun-09..and i got CNNA...J2EE certified...and 6 month experience and can speak somalian and arabic and english very...so i can take the NAATI interpreter or translator test...but problem is that i don't have 4 yrs Exp...so what do you think i the solution to this???
thanks again

Junaid N. Sahibzada said...

@^^

Well there is no solution to 4 yrs experience requirement if you are applying from offshore.

Get 4 yrs of work experience and then apply for assessment with ACS.

Cheers

Junaid

Anonymous said...

With reference to the previous query, i want to suggest that one can apply for Records Manager if they are good in database part of IT..in that case 4 yrs of experience is not required as it wont be assessed by ACS.

Plus Records Manager covers wide range of professions.

Junaid N. Sahibzada said...

@^^

With reference to the previous query, i want to suggest that one can apply for Records Manager if they are good in database part of IT..in that case 4 yrs of experience is not required as it wont be assessed by ACS.

Plus Records Manager covers wide range of professions.


**********


Yes you are right. As I have already mentioned earlier. If you are choosing Records manager as your profession, then, your assessing body is VETASSESS. So you do not need to worry about ACS.

Just being good in data bases doesn't make you eligible for nominating Records Manager as your profession.

You should have been working as a Records Manager for at least one year before you lodge the application.

The definition of the profession of records manager is given by the Australian Standard Classification of Occupations, ASCO. Look up the definition of your profession.

If you fulfill that definition, then you are eligible to apply for that profession.

Point being made over here is that try to understand what the law says. Because it is the law that matters. Not what you assume the law to be.

Kind Regards

Junaid

uzma shah said...

Hi.
I am Uzma.

I want to ask,
When i get complete visa processing done ,like all the work is finished to go australia on student visa,
if i get marry in between the processing of visa,or during my visa processing, is my husband eligible to go Australia along with me as dependent?
Like i must show our marriage certificate right.

And do i need to enter spouse names in each other passport?

And does my husband needs IELTS as well.

My IELTS is on 10th january 2009.

And i have done my graduation in b.sc. My subjects where microbiology,zoology and chemistry.
Please suggest me any course in australia for which i am eligible and can get PR as soon as i finished my course. I heard about Commercial Cookery,please put some light on this .
Waiting for your reply. Thanks for the wonderful blog..

Junaid N. Sahibzada said...

@Uzma

if i get marry in between the processing of visa,or during my visa processing, is my husband eligible to go Australia along with me as dependent?
Like i must show our marriage certificate right.


You will have to request his inclusion in your visa. Yes you have to show your marriage certificate.


And do i need to enter spouse names in each other passport?

If you are married then yes, I think the passport requires that you enter your husband's name.

And does my husband needs IELTS as well.


No he doesnt. Only you do for now.


Please suggest me any course in australia for which i am eligible and can get PR as soon as i finished my course. I heard about Commercial Cookery,please put some light on this .
Waiting for your reply


Check the list below. The professions in demand are in the PDF file below.


www.immi.gov.au/allforms/pdf/1121i.pdf


You can study for two years in a profession which is in demand and then be eligible for PR.

Kind Regards

Junaid

Nisar said...

Hi,

I am form India and working as an network security engg from past 4years. I got my accessment done from ACS and my profession is in most demand list but i am not getting good score in IELTS i got 5.5 can i file my application for PR with this score please suggest me if there is any chances to get PR with this score.You can also mail me on nisarkhan1978@hotmail.com.

Thanks
Nisar Khan

Junaid N. Sahibzada said...

@Nisar

No, unfortunately, as an IT professional you cannot apply for PR if you do not score band 6 in all modules of IELTS.

Kind Regards

Junaid

Marky said...

Hey Junaid!

Rememba my case? lol.. i got a question... will my new application on 175 visa get affected by the refusal of the first visa that i lodged? One agent told me that it would be better for me to withdraw the first one but he didnt say why..

I know about the "visa granted last will be the visa in effect". Let say my two applications are being processed simultaneously.. first that comes out is ok.. second is refused... does that mean my visa will be cancelled or what?

Anonymous said...

Hi Junaid: My husband lodged a GSM 176 relative-sponsored visa Dec. 3. However, due to the recent immigration changes introduced last Dec. 17, we feel that it would be more advantegeous if we apply for a 475 state-sponsored visa instead. May I know if it is possible for my husband to lodge another visa application (147 State-sponsored). So in effect we will have 2 different types of visa lodged. Thanks in advance for your help.

Junaid N. Sahibzada said...

@Marky

Well two things

1) Your first application will be rejected well before your second application is even assigned a case officer.

2) Even if your second application is processed first, you should simply inform the department that you want to withdraw your first application. Simple!

No your first application will have no affect on your second one. The department is actually looking for any evidence that you violated any visa conditions on any earlier visits to Australia.

If you have not done so then dont worry.

Kind Regards

Junaid

Junaid N. Sahibzada said...

@Anonymous

Hi Junaid: My husband lodged a GSM 176 relative-sponsored visa Dec. 3. However, due to the recent immigration changes introduced last Dec. 17, we feel that it would be more advantegeous if we apply for a 475 state-sponsored visa instead. May I know if it is possible for my husband to lodge another visa application (147 State-sponsored). So in effect we will have 2 different types of visa lodged. Thanks in advance


Yes you can lodge as many applications as you like.

However, you can only accept one visa at any given time.

So if are given a 176 visa, and you dont want it, then you will have to inform the department to cancel the visa.

If you do not inform the department and you are assigned the 475 visa, 176 visa will be automatically cancelled.

By the way what rules are you talking about?

Why do you want to give up a 176 visa which is a permanent visa and take up a 475 visa which is a temporary visa.

I will always prefer a permanent visa over a temporary visa.

Kind Regards

Junaid

Anonymous said...

Hi Junaid: Thanks for your immediate response. The rule I am talking about is the changes to the skilled visa processing introduced last dec. 17. They introduced a Critical Skill (CSL).
The new priority processing Direction gives priority to applications in the following order: employer sponsorship, state or territory sponsorship, Occupation on the Critical Skill LIst, Occupation on the MODL, and then all other applications. This will take effect Jan. 1, 2009 and will include all applications that are at hand at the time of the announcement as well as all applications received in the future. My husband's occupation is not in the CSL nor in the MODL so our application is in the last of the pecking order. That's why we are contemplating of applying for the 475 visa instead.

So if we lodge a 176 and 475 and hypotherically was granted a 475 visa and we accepted it, DIAC will automatically cancel our 176 application? Is it posssible to just let our 176 application continue to be processed? Thanks again for the clarification.

Junaid N. Sahibzada said...

@Anonymous

I think you are talking about the media release posted by the department on the following link

http://www.minister.immi.gov.au/media/media-releases/2008/ce08123.htm

Please note that this is just a media release and not a legislation change. All the legislative changed are documented on the following webpage

http://www.immi.gov.au/legislation/amendments/

Coming to your question, whether the media release will impact your application for permanent residency visa 176 or not.

Well I am not aware of how the department is organised but permanent visas are handled by a separate department and temporary by a separate one.


What will most probably happen is that they will increase the number of staff to handle 475 applications quickly.

176 and 175 still have their own queues. So I will not really suggest lodging another application specially for a temporary visa.

If you are granted a 475 visa, and your visa for 176 is still not decided, you can either withdraw it or wait for the outcome.

If you are granted a 176 visa your 475 will be automatically revoked since the last visa granted is the one which takes affect.

PS: By the way where did you get this insider information of CSL?

Anonymous said...

Hi Junaid: Thanks again for your reply. I got this from the official DIAC website: http://www.immi.gov.au/.

I guess you're right. PR visa is always far better than a provisional one. In light of these new immigration changes, I guess we will just be in for a longer wait but as they say - good things come to those who wait!

More power to you and Merry Chirstmas!

Junaid N. Sahibzada said...

@Anon

Your welcome.

As I said, it is just a departmental reordering and will not affect your visa application.

Lodging another application will simply cost more.

Even though my brother's occupation was on MODL, it took him 16 months to get the visa.

In my case it only took 8 months.

So things vary from case to case.

Kind Regards

Junaid

Anonymous said...

AADITYA here

i m B.com, MBA Finance Graduate with 3 years of experience as accountant and admin manager in india. now i m looking for PR for australia. and i m planning for IELTS. So now plz tell me the chances for me of geting PR?.
Can i get good job over there? what wud b the mim ave salary for me over thr? and any other thing that i hv to know from ur side?

Junaid N. Sahibzada said...

@Adtiya

AADITYA here

i m B.com, MBA Finance Graduate with 3 years of experience as accountant and admin manager in india. now i m looking for PR for australia. and i m planning for IELTS.


So now plz tell me the chances for me of geting PR?.

You can get PR if you score 120 points for visa 885 or 175 and 100 points for visa 176 and 886.

Please check my blog posts related to offshore and onshore migrations.


Can i get good job over there?

That depends on your skills and abilities.

what wud b the mim ave salary for me over thr?

Again this depends upon your skills and abilities.

and any other thing that i hv to know from ur side?


Read my blog thoroughly as it answers all your questions.

Kind Regards

Junaid

Anonymous said...

Dear Junaid,

I am applying for Skilled Independent Regional Visa (subclass 475). My degree and occupation is in IT. I am a computer programmer.

I understand that this visa will be for 3 years initially. If i live for 2 years and work for 12 months in a low populated area, i will progress to PR.

I need to ask, what type of work can i do?

Do i have to work in IT only for 12 months? or can i work in any occupation listed in SOL list or MODL list to progress to PR? I know the work has to be 35 hours per week.

Junaid N. Sahibzada said...

@^^

Do i have to work in IT only for 12 months?

The answer to your question as found on the immigration department's website on the following URL is

http://www.immi.gov.au/skilled/general-skilled-migration/887/eligibility-specified-regional-area.htm

******************************

Work in a Specified Regional Area

To apply for this visa you must have worked for one (1) year in a Specified Regional Area.
See: Specified regional areas

There is no restriction on the type of work that you may undertake. You could work for an employer or yourself. The only restriction is that the employment must be both of the following:

* full time
* undertaken in a Specified Regional Area in Australia.

The Australian Bureau of Statistics defines a 'full time position' as one in which employment is normally for 35 hours a week. You are allowed to work in up to two (2) concurrent part time jobs to meet the one (1) year (35 hours a week) full time work requirement.


***************************


So as per rules there is no restrictions on the type of work you do as long as you do it 35 hours per week.


When you complete the requirements of the 475, the next visa you will be applying for will be 887.

You can find the requirements and details of 887 at the following webpage

http://www.immi.gov.au/skilled/general-skilled-migration/887/

Kind Regards

Junaid

Marky said...

Hi Junaid,

It's been a while.. do you stil remember my case? I tried to lodge a new application online but it didnt allow me to continue. Apparently, the system knows that I have an existing application with them. It says there that my application has been lodged. I dont have any choice I guess but to withdraw the other one? What else can I do?

Thanks
Marky

Junaid N. Sahibzada said...

@Marky

Well I am not sure why it is not allowing you to lodge another application.

Contact the immigration department online application helpdesk. They will be able to give you a better answer as to why this is happening.

Kind Regards

Junaid

Marky said...

I think you cannot lodge an application of the same visa type. If it would have been of another visa type, system will accept it. I've already sent them an email. I'll just wait for the answer.

Junaid N. Sahibzada said...

@Marky

I dont think so.

Please let me know once you get a reply from the department.

Marky said...

This was the error:

The following errors have been encountered:

* 1. An application for this service has already been lodged. Please contact the Adelaide Skilled Processing Centre.


They know by checking the passport number,name, birthday, country of origin, and type of visa.

Junaid N. Sahibzada said...

@Marky

I know what the error is.

The law doesn't prohibit a person from launching two applications for the same visa (correct me if I am wrong)

Check with the department and please let me know what they have to say.

Kind Regards

Junaid

Sriram said...

Hello Junaid

I will be apply for my pr by the end of june 09. i planned to show my work exp to claim modl points. As per the immi website in order to claim these points, documental evidence such as number of full time employees, specialization etc needs to be shown. Is there any kind of documention format that you like to share so that it would be of great help to me.

Thanks
sriram

Junaid N. Sahibzada said...

@Sairam

What is the profession you are going to select on the SOL?

Kind Regards

Junaid

Sriram said...

Hi Junaid

My nominated profession as per the sol "Computing Professional - specialising in C++/C#/C *".

Thanks
Sriram

Sriram said...

Hai Junaid

Well i guess its "Computing Professionals – Applications and Analyst Programmer" as per 1121i.pdf document.

Thanks
Sriram

Junaid N. Sahibzada said...

@Sriram

To be able to claim points for MODL,firstly your nominated profession should be on the MODL list which you can access here

http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/occupations-in-demand.htm

Secondly you need to claim points for MODL by getting assessed from ACS. The procedure of obtaining MODL from ACS is as follows

http://www.acs.org.au/index.cfm?action=show&conID=modl


I see that the profession Computing Professional - specialising in C++/C#/C is on the MODL but Computing Professionals – Applications and Analyst Programmer is not on the list.

Kind Regards

Junaid

Marky said...

Hey Junaid,

What's up? The immigration replied to me just now. I dont think they answered my question though.

This was my Q:

I want to withdraw my current application and lodge a new 175 visa application. Reason for this is that I submitted before an IELTS report with band scores of 5.5 for two components which are lower than the required scores for competent english. The online application doesnt allow me to lodge another visa of the same type. Is there a way to lodge another 175 without withdrawing the other one?

Their A:

Please note if you do not meet the english language requirements at the

time you lodge your application, it is highly likely that your
application
will be refused.

The english language requirements for this visa subclass is available
at:


http://www.immi.gov.au/skilled/general-skilled-migration/175/eligibility.
htm

If you wish to withdraw your current application, you may request this
through lodging another post lodgement enquiry form or alternatively, by
providing a signed letter.

Your letter can be scanned and emailed to

adelaide.gsm.documents@immi.gov.au.

Please note that a withdrawal of your application generally does not provide a refund of your application fee.

Before lodging any further applications, please ensure you review all eligibility criteria:

http://www.immi.gov.au/skilled/general-skilled-migration/175/eligibility.
htm


I have just sent right now another inquiry highlighting the error I encountered from the website.

What do you think based from their answer?

Junaid N. Sahibzada said...

@Marky

I discussed your case with my boss. If the online system is not allowing you to lodge an application, send a paper application by postal mail.

That will solve the problem.

Kind Regards

Junaid

Anonymous said...

Hey Junaid,

I am applying for Skilled Independent Regional Sponsored visa (subclass 475). I need to show 12 out of 24 months work experience in my related occupation to apply for this visa. Does this has to be continuous 12 months experience in those 24 months time?

Junaid N. Sahibzada said...

@^^

No it doesn't have to be continuous but it has to be full time and paid work experience.

meiliana said...

Hi,
i hve a queries about getting tr or pr in australia.
how if i want getting tr in australia if the ielts test some component is not 6 but 5.5 so i still can apply for tr or not?
thanks

Junaid N. Sahibzada said...

@meiliana


For PR you definitely need at least 6.0 in all modules if IELTS if you are nominating a non trade profession.

For a trade profession, the minimum requirement is 4.0

For TR, the requirement of IELTS depends on the visa you are applying for.

Kind Regards

Junaid

Marky said...

Hey Junaid,

Yeah, you are right. I've just had all my documents certified again! And I'm about to lodge my application tomorrow..
Anyway, this is the DIAC reply to my query before:

It is possible to lodge another 175application but you will need to do it as a paper application. Our on line application system only allows one application for the subclass at one time.
Documents can be emailed to match the new application so an application form, the fee and proof of date of birth are needed by paper with the form. Every thing else can be emailed to adelaide.gsm.documents@immi.gov.
au. But should be done so after the paper application has been acknowledged and you have been therefore advised of a reference number for the application.
If you wish to withdraw the current on line 175 the procedure is as follows:

Please send a written request with your full name, date of birth, date of application, file reference number/transaction record number ( if known)
and passport number (if known) in order for this request to be processed.
It is also a requirement that all applicants over the age of 18 included in the application must sign the withdrawal letter.

The request can be scanned and emailed to: adelaide.gsm.documents@immi.gov.
au

I also submitted an application for sponsorship to victoria state. I found out that their website is the easiest one to accomplish. Hehe! Followed by western australia, tazmania, queensland, then new south wales. I wonder why there's no IT needed in south australia. Did you know that application for 175 is also being assessed for 176?

I think I can relax for now a bit.. lol
Thanks for the advices and being so helpful and generous to answer people's concerns..

Junaid N. Sahibzada said...

@Marky

Did you know that application for 175 is also being assessed for 176?

Yes the same application is considered for 176 as well. All you need to do is to get a state sponsorship before your application outcome is decided.

So that greatly helps if you are running short of points.

Kind Regards

Junaid

Anonymous said...

@ Junaid

Hi Junaid,

Great post! Please keep up the noble work of helping out students & potential immigrants who are in their rightful search of a better life than what they have in their countries!

Now, i have already got answers to most of my questions from reading your posts, but this one's a little complex (for me) because most of the folks asking for advice here are computer pros or mostly people who have professions in demand..

I hold a 4-year bachelor's in electromechanical engineering, and then have been working in a not-related (building profession) for close to 6 years now.. I am now 27 yrd old (born 28-11-1981)...i have been very interested in the study of planning (town planning, urban design) and have worked little it related to it, and hence have applied to RMIT Uni in Melbourne for their Masters in Social Science (Environment & Planning). The faculty has been encouraging, and i am hoping i would get admission. The related profession (Urban and Regional Planning) is listed on the SOL, but it not present on the MODL. The SOL says it's a 50-point 'Professional' occupation (ASCO code 2523-11).

This is a 1.5 year (78-week course) course and provides 144 credits at full-time study load. My doubt is, assuming i complete this course well enough, then i would need to do an additional course (that qualifies as a proper 18-week course for the 78+18 = required 92 weeks),right? And then, if i clear IELTS well with above 7 on all bands, how exactly should i calculate how many points i would get as a result?

Given this info, can you please tell me how accurately my points total would look like?

Junaid N. Sahibzada said...

@^^

and then have been working in a not-related (building profession) for close to 6 years now..

That will mean trouble. Engineers Australia will only give you positive skills assessment for the profession in which you have a bachelors degree while the immigration department will only consider your application for the profession in which you have worked.

You will have to some how convince engineers Australia to give you RPL and give you a positive skills assessment as a civil engineer as that is what you have been working as (correct me if I am wrong.)


The SOL says it's a 50-point 'Professional' occupation (ASCO code 2523-11).


Check the SOLs of the individual states. If any state has listed it on its SOL, you can apply for a state sponsored 176 permanent visa.

Check my post over here.

http://study-n-australia.blogspot.com/2008/10/immigration-departments-of-states-and.html


My doubt is, assuming i complete this course well enough, then i would need to do an additional course (that qualifies as a proper 18-week course for the 78+18 = required 92 weeks),right?

Yes you have to study in another course to complete the 92 weeks requirement however I dont think so there is any degree or diploma which is of 18 weeks.

Please note that any additional study must be either a diploma or a degree. Not a certificate.


You can get exemptions for certain subjects which you have already studied that way you can complete a degree or diploma quickly and still fulfill the two yr rule.

And then, if i clear IELTS well with above 7 on all bands, how exactly should i calculate how many points i would get as a result?


25 for IELTS.
30 for Age
50 for profession
5 for studying in Australia

10 for having a state territory nomination


PS: Civil engineering is also on the SOL and has 60 points.

Try getting an assessment for that.

If you already have more then 1 yr of work experience as a civil engineer then you can lodge the application right now and come to study in Australia waiting for the outcome.

That way if you get your PR earlier, you dont have to study in the extra course and spend more money.

Just try to get an assessment as a civil engineer from engineering Australia.

Let me know if you need any professional help.

Kind Regards

Junaid

Anonymous said...

Hey Junaid,

Thanks for all the useful information.

I have applied for Skilled Independent Regional visa (subclass 475) from outside Australia (am in India) through a counsellor in Australia.

He says he has applied for my visa now to DIACs. He sent me an email with Form 80, Form 1221, Medical forms F26 anf F160 attached.

He is asking me to fill these and send them back to him with a police clearance certificate.

As he says, he has applied for my visa to DIACs..should not the forms have gone with the visa application? or do they go at a later stage after you have applied to DIACs?

Second question - The medical forms needs to be filled in by a doctor appointed by the Australian Embassy in New Delhi, India? The reports attached needs to go as well?

And finally, about the police clearance certificate (PCC). In the past 10 years, i have lived in UK for 5 years for my studies. I have never lived 1 year continuously in UK...have traveled to and from UK and India during that time. Do i need to get PCC from UK too? What kind of PCC is accepted by DIACs? Is there a format?

Junaid N. Sahibzada said...

As he says, he has applied for my visa to DIACs..should not the forms have gone with the visa application? or do they go at a later stage after you have applied to DIACs?

The application is made online. The forms are filled and uploaded by the agent in the system.


Second question - The medical forms needs to be filled in by a doctor appointed by the Australian Embassy in New Delhi, India? The reports attached needs to go as well?


Yes. Correct. You can scan and send scanned copies and also send the originals by postal mail.


And finally, about the police clearance certificate (PCC). In the past 10 years, i have lived in UK for 5 years for my studies. I have never lived 1 year continuously in UK...have traveled to and from UK and India during that time. Do i need to get PCC from UK too? What kind of PCC is accepted by DIACs? Is there a format?

Every country has its own PCC format. So just follow the one of your country. Go to your police station and get a PCC from them. If required get it certified from the foreign ministry.

Your agent would be able to tell you whether you need to get it stamped from your foreign office. For every country the department has its own requirements.

Check with your agent if you need PCC from UK as well or not.

I am not sure if you require PCCs from country's where you are a temporary resident.

Kind Regards

Junaid

Anonymous said...

Thanks for the info!!

Since my agent says he has filed in my visa application...so does that mean he is not telling me the truth about it..as the forms still needs to be uploaded?

Junaid N. Sahibzada said...

Ask him to give you the Transaction Reference Number, TRN and use it to check the status online.

That will show whether it has been lodged online or not.

Kind Regards

Junaid

wasidba said...

hi junaid,

I am saleem from pakistan, I realy appriciate your usefull instructions. I have suffred a lot in finding a good consultation. I hope you can guide me in right direction.
I have made lots of mistake before logdeging my application under class 136. actually I was very confident that time that I can easily achive passing marks so I did not claim
relative points, MODL points due to the lack of information and my bounus point claim was not accepted because they asked me to provide NAATI test but I did not do that.


My application has been pooled with 115 points my applicaiton lodge date is before 1 septemper 2007

1- If I got now NAATI test for community language URDU so my existing application can be pulled out from the pool
2- If I will improve my IELTS result. this point can be added on my appllication and application can be pulled out
3- Due to the lack of information I made assessment under 2231-11 System Administrator. while I had a valide requirement for 2231-79 oracle specialist (MODL). that time I asked to my case officer should I submit my new assessment result to get MODL point but he replied your application is being processed for different occupation. I thought I can easily qualify for passing marks.

Both assessment have been processed on basis of same experience and qualification. can I claim MODL point

Last option, can I get 5 point through ivestment scheem as my application date is before 1 september 2007

or any other option which I can choose like employer nomination

IELTS score 5.5

Kind Regards,
Saleem

Junaid N. Sahibzada said...

@Saleem

My application has been pooled with 115 points my applicaiton lodge date is before 1 septemper 2007

The thing is that your application has been pooled. Meaning it has not been rejected but it has already been processed as well. I will have to check with my boss what can be done with applications which are pooled and after getting pooled the applicant is able to increase his points.



1- If I got now NAATI test for community language URDU so my existing application can be pulled out from the pool

2- If I will improve my IELTS result. this point can be added on my appllication and application can be pulled out

3- Due to the lack of information I made assessment under 2231-11 System Administrator. while I had a valide requirement for 2231-79 oracle specialist (MODL). that time I asked to my case officer should I submit my new assessment result to get MODL point but he replied your application is being processed for different occupation. I thought I can easily qualify for passing marks.


The first one is possible. I dont think the other two are possible.

2. The visa 136 didnt have any extra points for IELTS. So I dont think that even if you improve your score, you will not be able to increase your points since your application will still be judged for the rules of 136.

3. Since you already nominated a profession and to choose a new profession, you would need to lodge a new application. But I will have to confirm with my boss.


Both assessment have been processed on basis of same experience and qualification. can I claim MODL point

As I said, this would need to go the court and needs to be sorted out with the department. We need to lodge an application and request change of nomination of profession.

Last option, can I get 5 point through ivestment scheem as my application date is before 1 september 2007

This is again tricky since there was a huge issue over the investment scheme. Many people were caught in the middle.

But since the 136 visa did provide extra points for a 100,000 AUD investment, thats why there is a case that you can get the extra 5 points to make it to 120.

Well your case is really a very knotty problem.

It has already been messed up a lot and it will take great effort to get you out of where you are right now.

I cannot give you any clear answers and will have to discuss your case with my boss.

Kind Regards

Junaid

nald said...

Hi,
Can someone help me in this regard please , I have sent my 175 visa (aircraft engineer modl+csl+hrc+ 120 points) paper file by agent on mar 08 & I got a file, ielts i got it on nov 08 & sent by agent feb 09 .( for my wife he said we have to pay )
My Qs is there any chance for my case to be rejected as my agent sent my ielts after my application lodged , and if this is the case what should i do as my case in the final stage just waiting for CO any time , and if its so shall i change my 175 to 176 in this stage as my profession in most of Aus. state , or there will be no problem.
Many thanks in advanced for your kind help & reply.

nald

Junaid N. Sahibzada said...

@Nald

Well as per the rules after 30 SEPT , 2007, IELTS tests must be submitted AT THE TIME OF LODGING THE APPLICATION.

If you didnt lodge the IELTS test along with the application, the case officer has every right to reject the application.

You cannot change an application for 175 to 176.

For that you have to lodge another application.

By the way, applications for 175 are automatically considered for 176 as well. So you dont need to change it.

You need to inform your agent that he has mislead you and should refund your fees.

If he is a MARA agent, you can report him to MARA.

But wait till the department gives out their decision. May be they overlook this mistake. However this is too big a mistake to overlook.

Kind Regards

Junaid

nald said...

Thanks a lot my dear,
The idea is that: I, my wife & my two kids we were waiting so long and because of my agent mislead we are going to lose everything. It’s not a bout getting back the fees as its unfair this thing to happened to us.
As per my profession we don't like things to happen only by chance or by overlook, things should go 100% ok .I wonder why also ASPC accept his big mistake & give me a file number , they can simply rejected from first ( can’t be both mistake).
Now, all depend upon the heart of the CO.
Have you experience something like that & it work?
If you were me, are you going to wait, or should I stop my application and apply new application before the CO will take over?
I have ilets dated aug 05 which was due when he lodged my application mar 08, and he said you can do your test after that , do you think it will help me if I send it now?
Do you have any idea or solution for me, please?

Thanks

nald said...

Hi
Sorry , can I obtain Sponsorship from any state and forward the same to DIAC now will cure this defect and whether they will consider my application as a new 176 application to solve this problem. Can you guide me, how can I resolve this issue without any harm to my submitted visa application charge?
I am waiting for your kind reply; it will be a very helpful to me.

for your kind infomation, one of my fraind ( electrician 175 ) he applied jan 08 , no ielts sent yet ,today CO ask for his test.
so it's uopen luck or what!!

Thanking you a lot

Junaid N. Sahibzada said...

Now, all depend upon the heart of the CO.
Have you experience something like that & it work?
If you were me, are you going to wait, or should I stop my application and apply new application before the CO will take over?
I have ilets dated aug 05 which was due when he lodged my application mar 08, and he said you can do your test after that , do you think it will help me if I send it now?
Do you have any idea or solution for me, please?



Can you please answer the me the following questions

1. When did you lodge your application?

2. The IELTS test that you submitted was taken on what date?

If you took the IELTS test before you lodged your application then we have a chance.

But if you took the IELTS test after you lodged the application then your case is week.

I have found two similar cases like yours taken to the Migration review tribunal.

In one case the decision was granted in favour of the applicant.

In the other case it was given against the applicatn.

Visit http://www.mrt-rrt.gov.au/decisions.asp

and check the decisions for Jan 2009 and Sept 2008.

You will find two cases like that of yours.

Send me an email at junaid@migrate-to-australia.com.au with all the details and I can forward your case to my boss and see what he can do.

If this case has to go to the MRT then there would be a cost involved.


****************************

Sorry , can I obtain Sponsorship from any state and forward the same to DIAC now will cure this defect and whether they will consider my application as a new 176 application to solve this problem.

No the will not. You will have to lodge a new application.

Can you guide me, how can I resolve this issue without any harm to my submitted visa application charge?

Fight the case in MRT.


for your kind infomation, one of my fraind ( electrician 175 ) he applied jan 08 , no ielts sent yet ,today CO ask for his test.
so it's uopen luck or what!!


No its not open luck. The rules clearly say as you can see on this page

http://www.immi.gov.au/skilled/general-skilled-migration/175/eligibility-english.htm


You must demonstrate that you meet the English language threshold. This means that you must already have your English language test results before you lodge your application.


The case officer dealing with his case might not be aware of the rule. Or may be your friend is not giving the true story.

Its better to follow rules then listen to rumors.

Or may be the case officer is thinking that the guy did appear in the IELTS test before he submitted the application but has forgot to submit them.

So all he has to do is submit them. You can submit them any time but you cannot appear in an IELTS test AFTER you lodge the application.


Kind Regards

Junaid

Anonymous said...

Hey Junaid

I am applying for a SIR 475 visa. For proof of age, does DIACs accept passport front and back page? What else is accepted apart from birth certificate?

Junaid N. Sahibzada said...

@^^

Read the following instructions for proof of age as given on the department's website.


You must attach a certified copy of a full birth certificate for you and each secondary applicant included in your application.

If birth certificates are not available in your country of birth, other evidence to confirm birth details include, but are not limited to:

* school records
* passport
* baptism certificate
* family book showing date of birth

* ID document issued by your government
* hospital birth records
* court documents that verify your date of birth
* copies of military service records or discharge papers.

Proof of age must be included to make your application complete.

http://www.immi.gov.au/skilled/general-skilled-migration/175/eligibility-age.htm

Anonymous said...

Hey Junaid


I have applied for Skilled Independent Regional visa subclass 475. My agent in melbourne has filed in my application.

I have got my TRN number. When log on to check the application online, i find that under 'Document Checklist', form80 and form1221 which i recently filled in and sent back to my agent has a 'received' status whereas other documents in the checklist is still mentioned as 'required'.

Does this means that my agent has not sent in the other documents yet or they are awaiting to be acknowledged by the case officer?

Does this means a case officer is alloted to my application?

Junaid N. Sahibzada said...

@^^

Well there can be variety of reasons including the one you mentioned.

So you have to check with your agent and ask why the status is still in required state.

Kind Regards

Junaid

Varun said...

HI,

Do we need to have overall 7 band in IELTS for PR or 7 band in each of the section in IELTS ?

I have applied for a course in MIT/MBA in latrobe university.
As I am already having 2 + years of work experience in IT field.
Can I get a job in easily after my master's .

Thanks,
Varun

Junaid N. Sahibzada said...

@Varun

If you want to claim 25 points for English language ability, you need to score 7 in all modules of IELTS.

If you score less then 7 in any module of IELTS you will only get 15 points.

Normally people with job experience find it easy to get jobs in Australia.

Make sure you get certifications in your field as well.

Kind Regards

Junaid

Anonymous said...

it's really a very useful forum . i too have applied for skilled visa . i am working in SAP .i have 3 years experience . but i don't have any certification on . my current designation is "senior officer -IT " . how to claim the 10 points for SAP . need i have to submit any letter from my company stating that i am working in SAP module ?

Junaid N. Sahibzada said...

@^^

it's really a very useful forum . i too have applied for skilled visa . i am working in SAP .i have 3 years experience . but i don't have any certification on . my current designation is "senior officer -IT " . how to claim the 10 points for SAP . need i have to submit any letter from my company stating that i am working in SAP module ?

Have you already applied for offshore visa application 175?


Well then a lot depends upon what information you provided along with the visa application.

If you did not claim points for MODL and lodged the application then nothing much can be done.

However, if you have not lodged the application then first you need to get a skill assessment from ACS and in that assessment gain assessment for MODL points of SAP.

Once you have done that, then you lodge the application with the department and mention that you want to claim points for MODL.

Kind Regards

Junaid

Varun said...

Hi Junaid,

Thanks for the reply.
Can you please guide me after doing my MBA from Latrobe . Can I get a job in some gud finanace company or should I stick with IT field.( Sticking wid IT field help in getting job earlier?????)which in turn helpful in getting PR.

Thanks,
Varun

Junaid N. Sahibzada said...

@Varun

Can you please guide me after doing my MBA from Latrobe . Can I get a job in some gud finanace company

Getting a job depends upon

1. Your work rights
2. Your work experience
3. Your skills

So if you dont have a back ground in a particular field, you will find ti difficult to find a job in it.

Also, are you aware of the fact that you need to study in a degree which is closely related to a profession on the SOL.

You cannot study MBA for two years and then nominate an IT profession.

What profession are you going to nominate on the SOL which is closely related to an MBA degree?

Will you be able to obtain a positive skills assessment from the assessing body of that profession you want to nominate?

Make sure you check all these things and then make a decision.

Kind Regards

Junaid

raj said...

hi junaid,

i am rangarajan..i ve got my MBA admission in james cook univ..it is for 1.5 years course.. and for PR i have planned to do another 6 months course..So can i do like this or is there any option for getting PR.PLease let me know all the details of it..

Junaid N. Sahibzada said...

@Raj

You need to study for at least 92 weeks, approx 2 yrs, to fulfill the two year study rule. Your second course must be a diploma or a degree closely related to a profession on the SOL.

Whether you will get a PR after studying MBA depends what profession you will nominate on the SOL and how many points does it have?

What profession do you plan to nominate after completing your MBA? Make sure you are eligible to nominate a 60 point profession. Every thing depends upon what profession you nominate and whether you can get a positive skills assessment for the profession you nominate?

I have not heard about this school IDS you are talking about.

Kind Regards

Junaid

Joy said...

Hi Junaid,

I really appreciate your time in responding to queries - and doing so very precisely.

Please help me with some of mine as well.

I am an Indian IT MNC worker with 8 years's of experience. But I could get references for only the first 7 years' of experience. Those letters mention Java.

Here are the mistakes I made in my ACS RPL assessment application on March 16 -

1. Application has ASCO code 2231-17. But in the cover letter I asked for Java MODL. I should have put 2231-79(Java MODL) in the applcation. Can I ask for a change - my application is "In Process" ? I read somewhere that ACS decides on it's own ...

2. In one of your responses you mentioned that Tax statements should be sent as well. But I didn't - the ACS application form didn't ask for it. Can I send it now ?

3. As of now, my reference letters fulfill the requirement of 3 out of 4 years' experience. And also the requirement of 12 months out of last 24. But later these won't be valid. So at the time of DIAC application, these reference letters won't fulfill these requirements - do I need to get fresh references (that'll be nearly impossible).

Please give me your views on this - it'll be of great help.

Joy

Varun said...

Hi Junaid,

Thanks for the reply.
Going through ur reply I don't understand the meaning of nominating a profession that comes under SOL or MODL list. It means to get a job in either of the these lists or doing a course that will fetch points.

Secondly,
Since Australia have reduced immigrants applications this year by 18000. Is there any remours about increasing the points required for immigration.

At last,
Since I have 2+ years of wrk experience in IT and going for MIT/MBA at latrobe University. How many points it will give me and howz the IT industy position over there.

How much time it would take to find a part time over there during study and what are the wages?

kindly share if any more info U had.

Regards,
Varun

Junaid N. Sahibzada said...

@Joy

I didnt understand your situation.

Is your application with ACS or you have lodged it with the DIAC?

If your application is with ACS then you need to talk with ACS and request change of profession nomination.

If you have already lodged the application with DIAC then unfortunately, you have made a mistake and nothing can be done.

The tax returns are required by the DIAC not ACS.

Kind Regards

Junaid

Junaid N. Sahibzada said...

@Varun

Thanks for the reply.
Going through ur reply I don't understand the meaning of nominating a profession that comes under SOL or MODL list. It means to get a job in either of the these lists or doing a course that will fetch points.


Nominating a profession means that you mention a profession listed on the SOL, MODL in your application for migration.

You can only nominate a profession on the SOL/MODL if

1. You have studied a degree/degrees for two years which is closely related to your nominated profession while physically present in Australia in a CRICOS certified course.

2. If you have 12 months of full time paid work experience in your nominated profession.

AND

YOU can obtain a positive skills assessment for the profession you have nominated.


Hope this clears the concept to you now.


Since Australia have reduced immigrants applications this year by 18000. Is there any remours about increasing the points required for immigration.

No I am not aware of any such rumours.


Since I have 2+ years of wrk experience in IT and going for MIT/MBA at latrobe University. How many points it will give me

Its not the degree which fetches you points.

It is the closely related profession you nominate on the SOL/MODL is what fetches you points.

What is the profession you plan to nominate after your two year degree?


and howz the IT industy position over there.


Depends what your skills are.


How much time it would take to find a part time over there during study and what are the wages?



Please check my post

http://study-n-australia.blogspot.com/2007/10/living-expense-working-part-time-in.html

Kind Regards

Junaid

partha said...

Thanks a lot Junaid !

I applied for ACS assessment - not DIAC.

Could you please address my third query as well -

At the time of ACS assessment, my reference letters fulfill the requirement of 3 out of 4 years' experience. And also the requirement of 12 months out of last 24. But at the time of DIAC application, these reference letters won't fulfill these requirements - do I need to get fresh references ?

Regards,
Joy

Junaid N. Sahibzada said...

@Partha

Yes, you need to have valid documents for DIAC as DIAC and ACS are two separate bodies. ACS is a private organisation while DIAC is a gov department.

DIAC has got nothing to do with ACS except for the letter stating your skills as positive or negative.

Kind Regards

Junaid

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