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)

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!

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 – Time of application (common criteria)

Met 2 years study requirement in the last 6months IELTS 6 at time of application Applied for AFP clearance (and evidence) Booked in for medicals (and evidence) Under 50 years of age

485 – Time of application (common criteria cont…)

Hold eligible visa. This can get complex so be careful. For example, if you apply for a new student visa ton study English this could make you ineligible for the 485.

Hold or have held an eligible student visa in the last 6 months

$1440 Be in Australia Health insurance – again, can be complex so be very careful.

485 – other factors

Graduate Stream:

Issues regarding closely related, occupation on SOL and skills assessments.

Post study work stream:

Eligible qualification in the last 6 months. No skills assessment and no nominated occupation!

General Skilled Migration (permanent)

• Your occupation

• Can you meet assessing authority requirements?

• Do you need state nomination?

• Points Test

• Eligible family sponsorship for the 489 in Melbourne…

IT Occupations

Recent changes to ACS requirements include:

• 485 skills assessment based on qualification only (Bachelor +)

• Permanent ACS assessment for Australian graduates now only available after one year of post qualification work or completion of a professional year.

• Be careful about the ‘skill level requirement met’ date for points.

• Know what you are doing and plan in advance!

Accountants

• For the permanent skills assessment make sure you meet IELTS Academic 7 and meet the ‘9 in 12’ mandatory subjects, or be a member of an approved association in lieu of the 9 in 12)

• If you can’t meet Academic 7 you can obtain a 485 assessment with General IELTS 6. You can avoid Academic IELTS 7 if you then complete a Professional Year.

• Hint – fast processing skills assessment can result in direct to permanent visa processes.

GSM Process

• SkillSelect

• Expression of Interest first (but see below)

• Invite to apply for the visa.

Do NOT lodge your EoI until you are 100% sure that you have everything ready and you meet requirements. False information can result in a 3 year ban!

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