Hays International College Presentation (March 2014)

Student Visa Holders - what

next?

Common Visa Pathways

Who are we?

•Operating for 10 years (25+ years’ total experience)•7 registered migration agents•Senior agent was a DIBP manager

Presenting to you today are:

• Simon Delmo - MARN 1066328• Ivanna Cheng - MARN 1066462

Common visa options and pathways

• Skilled temporary (subclass 485) • Skilled migration (permanent)• Employer sponsored visas (temporary and permanent)

You may need to complete more study to open up options.

Common pathway which does not rely on an employer to sponsor you. Need to be sure you can meet 485 requirements.

Again, depends on 485 eligibility, but provides a good option for people who need extra points, or who may struggle with skills assessments or English.

Not eligible for the post study 485 and your occupation is not on SOL Schedule 1, then you may need an employer to sponsor you. This pathway has good options to PR, possibly with no skills assessment and lower English.

Great option if you can do it. This is what we would first of all be aiming at, but it's not possible for everyone.

Another great 'direct to PR' option with no skills assessment. Wages can be lower than with the 457. You need an employer in a regional area. PR visa can be cancelled if you don't stay with the employer for 2 years.

Which visa?

•Choose the best visa for your situation

•Know whether you will meet the requirements before you lodge

•Plan well in advance!

Genuine Student Issues

•Very important!

•Career pathway (DIBP tougher on ‘genuine student’)

•Not using student visas to gain ‘de facto’ residence in Australia

•Understanding how your choices have consequences for other visas. Know your clear goal and pathway!

Financial Requirement:

After you have completed 75% of your course, to apply for your next student visa, you don’t need to show the three month savings history.

However, this is only of benefit if you are completing the same course for which you are currently enrolled. It is designed to allow students to pick up subjects they may have failed in their current course.

See the relevant law on the next slide:

Funds from an acceptable source

means one or more of the following:

(a) if the applicant:

(i) has successfully completed at least 75% of the requirements for his or her principal course; and

(ii) has applied for the visa in order to complete the course; and

(iii) does not propose to undertake any further course;

a money deposit held by an acceptable individual;

(aa) if paragraph (a) does not apply — a money deposit that an acceptable individual has held for at least the 3 months immediately before the date of the application;

The skilled temporary 485 Visa:

•Great first option at the completion of study•No employer required to sponsor you•Are you eligible? Normally requires a Bachelor degree

Two ‘streams’:

• Graduate Skilled Stream • Post Study Work Stream

Graduate Stream

Only 485 option for people who had applied for a student visa before Nov 5th 2011

• Occupation must be on SOL Schedule 1• Requires a skills assessment• 2 years study• IELTS 6 (at time of application)

Post Study Work Stream

You must have applied for your first ever student visa after 5th of November 2011.

• Bachelor level or higher• 2 years study• IELTS 6 (at time of application)• Length of visa depends on your course of study

485 Eligibility by occupation

Hospitality:

With a Diploma qualification you are not eligible for the 485. A good option to consider is an employer sponsored visa (TSMIT issues).

Alternatively, if you applied for your first ever student visa after Nov 5th 2011, if you continue on to a Bachelor Degree (consider for example a Bachelor of Business or Management which includes some hospitality subjects) you could be eligible for the 485 at the completion of your studies.

485 Eligibility by occupation

‘Aged Care’ or ‘Leisure and Health’:

Occupations at Diploma level include:

Community Worker Disabilities Services Officer Family Support Worker Parole or Probation Officer Residential Care Officer Youth Worker

485 Eligibility by occupation

‘Aged Care’ or ‘Leisure and Health’:

Not eligible for the 485. A good option to consider is an employer sponsored visa. Alternatively, if you applied for your first ever student visa after Nov 5th 2011, if you continue on to a Bachelor Degree, you could then be eligible for a 485. For example, consider

Welfare Worker Social Work Nursing Recreation Officer Community Arts Worker

485 Eligibility by occupation

Important note: Using trade level occupations the skill level is:

"AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV“

Need to be careful with ‘Aged Care’ as there is a lower level occupation which is not eligible for any visa called ‘Aged or Disabled Carer’.

General Skilled Migration (permanent)

• Your occupation

• Can you meet assessing authority requirements?

• Do you need state nomination?

• Points Test

Employer Sponsored Visas

457 – temporary visa

187 – permanent (regional) visa

186 – permanent (anywhere)

The 457 visa

• Temporary visa (up to 4 years but can be renewed) • Fast processing• Great starting point (can lead to PR)

TSMIT currently $53,900 + superannuation.

The 457 visa - transitional residence pathway

• Obtain a 457 visa• Work for 2 years• Apply for PR

Advantages include:

• Lower English than other visa options• Easier to evidence skills

ENS - subclass 186

This is a permanent employer sponsored visa. Your employer can be anywhere in Australia (city and regional).

To meet requirements :

• You have 3 years post qualification work experience, or• You have worked for your employer on the 457 for 2 years,

or• You earn over $180K per year.

In most cases applicants won't be eligible as a new graduate.

RSMS - subclass 187

Permanent employer sponsored regional visa.

Regional is:

• Victoria - anywhere except Melbourne Metro area• NSW anywhere except Sydney, Wollongong or Newcastle• Queensland - anywhere except Brisbane or the Gold Coast

All of Western Australia, South Australia, Tasmania, the Northern Territory.

Advantages of RSMS:

• Direct to permanent

• No TSMIT (can be paid under $53,900)

• No work experience or skills assessment

• You need only to meet 'ANZSCO' requirements

• IELTS 6

RSMS - important information

You must make a 'genuine effort' to remain with your sponsoring employer for the first 2 years after the visa is approved or your visa can be cancelled.

DIBP do cancel these visas!

Other options?

• Do you have a partner?

• Consider more study?

• Important to understand your pathway

Each situation is different, so please discuss your situation with one of our migration agents as early as possible!

4020

'Public Interest Criteria 4020‘ is how DIBP smash people who have provided bogus documents or false information in their application, or in the application for a visa they have held in the last 12 months.

DO NOT provide false documents or information. It can catch up with you years later and blow you away.

Examples from our experience (IELTS and character information).

How does the application process work?

•Make a valid application in Australia•Receive a bridging visa (normally a BVA)•Remain lawfully in Australia while your visa is being processed

Notes:

You can't travel while holding a BVA, you must hold a BVB!

Stay lawful. Becoming unlawful can have terrible consequences (such as visa refusal and a three year ban).

Student visa expiry573 student visa

Apply for another visa (eg 485).BVA granted here.

BVA comes into effect when student via expires. No travel on BVA., but you can get a BVB if you need to travel.

New visa approved. BVA ceases.

How to start with National Visas....

nationalvisas.com.au

This slide show is available on our blog site here:

nationalvisas.com.au/blog

Articles written by our migration agents are here:

nationalvisas.com.au/blog/category/migration-agents-articles/

Questions?