# General questions about a 189 visa application



## opti (Feb 26, 2013)

Hi everyone, I have few general questions about an application I lodged recently. First some background:

I'm currently studying in Australia (with student Visa), I lodged a 189 visa application based on my previous overseas work experience (with 70 points). Got an invitation on 4th of February then submitted my application on 5th. I uploaded all necessary documents except the medical report and police clearance certificates (due to some confusion and misinformation I got from couple of people I consulted while applying). Anyhow, upon contacting a representative from department of immigration, I was advised to upload the police certificates as soon as I receive them, but in the mean time my application will not be rejected based on missing character certificates or the medical.

Current status my application shows _"*In Progress*"_, but I don't think a case officer has been assigned yet. I was also told by DIAC that a case officer is usually assigned in 8~10 weeks from applying. So my questions are :


How would I know if I'm assigned a case officer ? will it be reflected in the online application portal ?
Is assigning a case officer delayed till I upload the police clearance certificates ? For example if I upload them in 3 weeks from now, do I have to wait 13 more weeks to be assigned a case officer?
I'm originally from Sri Lanka, applying with both Sri Lankan and foreign qualifications. I lodged the application online through skillselect (ecom. immi. gov. au) website. Am I proceed as an onshore applicant (with an Australian CO) or will I be redirected to Sri Lanka and handled over there since I'm a Sri Lankan citizen? 
If all the documents are in order, how long will it take for the application to be processed? I know this is not an easy question to answer, and it depends on various factors, I only want to know a very rough estimate (for an ideal and worst case), for example will it be couple of months, more than 6 months or more than a year? Just out of curiosity does the dept of immigration re-evaluate everything (i.e Educational qualifications, work experience etc.) or do they rely on the Australian Computer Society (ACS)'s skill evaluation? ACS has already provided me with a positive evaluation to justify the points I'm claiming. Apart from that I'm only submitting an IELTS test form for the points test. If DIAC relies on ACS for skills assessment then they only have to validate the authenticity of the police reports and medical test, which IMO shouldn't take that much time?? 

Sorry for the long list of questions, any advice is highly appreciated. Thanks.

EDIT: Called medibank about the medical test and they were able to answer my questions regarding the medical, so I removed that question.


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## opti (Feb 26, 2013)

Bump, no one has any ideas


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## redgems (Mar 2, 2013)

hi - you said you got a reply on 4th feb and filed on 5th feb. can i please ask when you filed your eoi?


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## opti (Feb 26, 2013)

redgems said:


> hi - you said you got a reply on 4th feb and filed on 5th feb. can i please ask when you filed your eoi?


I submitted the EOI on 29th January, the invitation came back 4 working days later.

P.S: Wondering why no one has replied to my questions..


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## MarkNortham (Dec 19, 2012)

Hi Opti -

I'd like to try and help. One thing is that you seem to be looking for solid numbers in terms of the time it will take DIAC to do things, and those numbers simply don't exist. For some applications, things are faster, for others it is slower. There are no commitments DIAC makes to applicants as to how long it will take to process their application - it will take, as they say, as long as it takes.

The #1 problem people in your situation run into is improper info in the EOI. Note that the invitation "locks" your EOI so no edits are possible. If you put bad data into your EOI, that bad data gets automatically transferred to your online visa application forms. And if you lodge them with bad data, expect problems and likely a refusal.

Re: case officers, they are assigned typically several weeks after you lodge your online application. Typically assignment of a case officer is not delayed if you do not submit police and/or health checks at the time you lodge. If you do not, then the case officer will ask you for them, and may delay processing on the case until you provide these reports.

Re: validating info, DIAC will do its own assessment of your educational qualifications and advise if it needs more info or documents about this. You cannot assume that just because a skills assessment came back positive that DIAC will not look at all into your educational quals. Same comments for work references.

Whether you're offshore or onshore these types of visa applications are all processed in Australia at the Skilled Processing Centres.

Hope this helps -

Best,

Mark Northam



opti said:


> Hi everyone, I have few general questions about an application I lodged recently. First some background:
> 
> I'm currently studying in Australia (with student Visa), I lodged a 189 visa application based on my previous overseas work experience (with 70 points). Got an invitation on 4th of February then submitted my application on 5th. I uploaded all necessary documents except the medical report and police clearance certificates (due to some confusion and misinformation I got from couple of people I consulted while applying). Anyhow, upon contacting a representative from department of immigration, I was advised to upload the police certificates as soon as I receive them, but in the mean time my application will not be rejected based on missing character certificates or the medical.
> 
> ...


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## opti (Feb 26, 2013)

Thanks Mark for taking the time to reply. 


MarkNortham said:


> I'd like to try and help. One thing is that you seem to be looking for solid numbers in terms of the time it will take DIAC to do things, and those numbers simply don't exist. For some applications, things are faster, for others it is slower. There are no commitments DIAC makes to applicants as to how long it will take to process their application - it will take, as they say, as long as it takes.


Yes, I knew there aren't any official numbers, but I was wondering what would be the best and worst case scenarios given all the documents are in order. But like you said, guess I'll have to wait and see.



MarkNortham said:


> The #1 problem people in your situation run into is improper info in the EOI. Note that the invitation "locks" your EOI so no edits are possible. If you put bad data into your EOI, that bad data gets automatically transferred to your online visa application forms. And if you lodge them with bad data, expect problems and likely a refusal.


I went over the application many times, so hope I didn't make any critical mistakes, keeping my fingers crossed.



MarkNortham said:


> Re: case officers, they are assigned typically several weeks after you lodge your online application. Typically assignment of a case officer is not delayed if you do not submit police and/or health checks at the time you lodge. If you do not, then the case officer will ask you for them, and may delay processing on the case until you provide these reports.


Thanks, thats good to know.



MarkNortham said:


> Re: validating info, DIAC will do its own assessment of your educational qualifications and advise if it needs more info or documents about this. You cannot assume that just because a skills assessment came back positive that DIAC will not look at all into your educational quals. Same comments for work references.


Good to know, I asked because if it was just a matter of checking the authenticity of police reports then there isn't much left for DIAC to do, which could mean a quicker response.



MarkNortham said:


> Whether you're offshore or onshore these types of visa applications are all processed in Australia at the Skilled Processing Centres.
> 
> Hope this helps -
> 
> ...


Yes it did, Thanks again.


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## Kevin3280 (May 7, 2014)

*189 application*

Hi mark

I have one query, if you can help please.

I got 189 application refused, as I didn't had the skills assessment at time of invitation.

If I apply for mrt now, and apply for bridging visa b to go offshore and lodge the application and come back to aus after 2 or 3 days and wait here for decision.

Will the migration zone rule under s48 will still apply on me.

Or is it fine..

Your help will be much appreciated, as I just have 5 days left to make a decision.

Thanks


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## MarkNortham (Dec 19, 2012)

Hi Kevin -

I don't know enough about your particular case to give you specific advice. However, generally speaking, if you're asking can a person lodge a NEW application for a visa after an onshore refusal by going offshore temporarily on a BV-B, answer is No, as this sort of thing is specifically prevented by section 48(3) of the Migration Act. If a person lodges offshore after a s48 issue (onshore refusal), they essentially need to wait offshore until the visa is granted before returning to Australia, as if they return on the BV-B they are taken to not have left Australia for purposes of s48, hence an invalid application, etc.

However your also need to make sure s48 applies to you - ie, if you were holding a substantive (non-bridging) visa when the 189 was refused, then s48 does not apply; however if you were holding a bridging visa when the 189 was refused, then s48 does activate.

You may want to sit down with a registered migration agent and see what strategies you can develop to plan for how you'll deal with MRT, another lodgement, etc. An agent can help you through the law involved here and help plot a good course forward.

Hope this helps -

Best,

Mark Northam



Kevin3280 said:


> Hi mark
> 
> I have one query, if you can help please.
> 
> ...


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## kishoreu5471 (Nov 18, 2014)

*Visa subclass 189 CO assigned*

Hi Mark,

Really appreciate your quick response and enthusiasm ......

I have one query...I got a request from my CO one week back asking for PCC and I sent all relevant documents including medicals immediately...

Now how long do you reckon will take to get the Visa in hand....

I am a Mechanical Engineer working in middle east, 3+ yrs experience...

I had read that time frame is also based on Sub-priorities like occupation, sector etc....Is that true?

regards
kishore


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## MarkNortham (Dec 19, 2012)

Hi Kishore -

Wish I could help, but DIBP is really unpredictable - it used to be that once a case officer was assigned, the time remaining was somewhat predictable, but now they are trying all sorts of different ways of processing things ranging from early requests of police & medicals to having teams work on things instead of individual case officers. 189's are generally taking anywhere from 3 to 9 months currently, if that helps -

Hope this helps -

Best,

Mark Northam



kishoreu5471 said:


> Hi Mark,
> 
> Really appreciate your quick response and enthusiasm ......
> 
> ...


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## soumenlaru (Feb 4, 2015)

*189 Visa Application-Need clarification on one point*

Hi Mark and all,

Can anybody clear my doubt on the section "*Previous Travel to Australia*" where it asks "*Has this applicant previously travelled to Australia or previously applied for a visa?" *. I had a visa refusal in the past and I had never traveled to Australia . Should I Say "Yes" . When I Say "Say" , there questions pop out regarding visa and grant numbers which I obviously do not have and I need to say "No" in all those three questions. Could you please confirm if I am ok

Thanks
Soumen


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## MarkNortham (Dec 19, 2012)

Hi Soumen -

That sounds correct based on what you've said.

Hope this helps -

Best,

Mark Northam



soumenlaru said:


> Hi Mark and all,
> 
> Can anybody clear my doubt on the section "*Previous Travel to Australia*" where it asks "*Has this applicant previously travelled to Australia or previously applied for a visa?" *. I had a visa refusal in the past and I had never traveled to Australia . Should I Say "Yes" . When I Say "Say" , there questions pop out regarding visa and grant numbers which I obviously do not have and I need to say "No" in all those three questions. Could you please confirm if I am ok
> 
> ...


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## Sahito (May 25, 2015)

MarkNortham said:


> Hi Soumen -
> 
> That sounds correct based on what you've said.
> 
> ...


Dear Mark,

I have seen many of your comments regarding Australian Immigration issues on different websites. I have a little inquiry to ask, please reply if you may be able to provide your help.

I have received invitation to apply for 189 visa, and I have all documents ready with me, even I have done medical through my health declarations and I already got the police clearance certificates from Pakistan and Saudi Arabia.

Based on the information in immigration website, it is saying that: "If you are applying for a visa outside Australia, you do not have to provide this information with your application. You will be advised when it is required."

my Question is that: I already have received police clearance certificates from countries where I lived last month, now can I upload police clearance certificates when I lodge my visa application or I have to wait for a case officer being allotted to me and when he ask me to provide police clearance certificates.

Looking forward to hearing from you.


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## MarkNortham (Dec 19, 2012)

Hi Sahito -

Thanks for the msg and post - no problem uploading police clearance certificates after you lodge as soon as you have them.

Best,

Mark



Sahito said:


> Dear Mark,
> 
> I have seen many of your comments regarding Australian Immigration issues on different websites. I have a little inquiry to ask, please reply if you may be able to provide your help.
> 
> ...


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## Sahito (May 25, 2015)

MarkNortham said:


> Hi Sahito -
> 
> Thanks for the msg and post - no problem uploading police clearance certificates after you lodge as soon as you have them.
> 
> ...


Dear Mark,

Thank you very much for your last email for guiding me to upload upfront PCC and medicals.

I have little query to ask you again, I hope you can help me with this. As you know that from 1st July 2015, DIBP's website has been updated and I found some information not related with subclass (189, 190, and 489) visas in their document checklist.

They are asking for Labor Market Testing Requirements which seems to me updated by mistakenly in the visa sub classes mentioned above.

I have submitted EOI on 10th May 2015 and was invited to apply for 189 visa on 22 May 2015 and last date to lodge my visa application is 21 July 2015. I have to lodge my application before that date but when I saw these information in the document checklist of sub class 189 visa than I thought to ask from your experience.

As I know, Labor Market Testing Requirement is for Visa Sub class 457, and I don't think so that any applicant would be able to meet this requirement for Visa sub class 189.

If you see the document checklist in detail, you will find that they are asking this way...

At the time of invitation
You must provide evidence you met the following threshold requirements at the time of invitation. You must also provide this evidence when you lodge your visa application.
Evidence you have at least competent English. You must provide evidence of one of the following at both the time of invitation to apply and when you lodge your application:
Labour market testing requirement

Labour market testing (LMT) in the Subclass 457 programme was introduced by the Migration Amendment (Temporary Sponsored Visas) Act 2013 which was passed by Parliament in June 2013 and commences on 23 November 2013.......

If they are asking for competent English than why they are asking for Labor Market Testing?? what is the relation of competent English with Labor market testing? and if you go in the end after labor market testing requirements, you will find this information.

If you are seeking to demonstrate proficient English or superior English for the points test, you must submit the results of a specified English language test even if you hold one of the passports specified above...

If you relate this information with above information than you will come to know that there is no mentioning of passports for competent English or any English test for competent English, instead of that they have mentioned Labor market testing which seems to me completely not related with the information they are asking to provide.

Please let me know, if this happened by mistake so that I may lodge my application, or is there any information you have for applicants who are facing the same problem. If yes, than please let me know is this information also apply to me? because I have been invited in the last intake on 22 may 2015 and my last date to lodge my application is 21 July 2015.

Looking forward to hearing from you.

Kind Regards,

Muhammad Ali


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## MarkNortham (Dec 19, 2012)

Hi -

See this answered in the other places you posted it - no LMT for 189 visas - it's a website issue for DIBP.

Best,

Mark Northam



Sahito said:


> Dear Mark,
> 
> Thank you very much for your last email for guiding me to upload upfront PCC and medicals.
> 
> ...


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## HassanFavad (Sep 17, 2015)

*Documents checklist*

Hi Mark,

Can you please provide document checklist while lodging visa application for 189.

I am more interested to know that CO could ask about more employment proof like salary slips and bank statement of each employment. In my case I can provide salary slips and bank statement of my current job only which is since june 2011 to date.

Thanks in advance.


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## nnaorin19 (Dec 3, 2015)

*skill assessment by DIBP*

i really want to know how do they further assess the qualification after it being assessed by appropriate authority such as EA? thanks


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## MarkNortham (Dec 19, 2012)

Hi Hassan -

Sorry I missed this message some weeks ago - normally DIBP will want 3rd party evidence (can be bank docs, payslips, etc) of all employment claimed for points on a skilled visa. There is no particular list of documents that qualifies for this, but they normally will consider bank docs, tax docs and payslips.

Hope this helps -

Best,

Mark Northam



HassanFavad said:


> Hi Mark,
> 
> Can you please provide document checklist while lodging visa application for 189.
> 
> ...


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## MarkNortham (Dec 19, 2012)

Hi Nnaorin19 -

Normally unless DIBP suspects fraud or bogus documents, they will rely on the assessment of a qualification by the nominated skills assessor for your occupation. They have the right to do their own assessment and checking, but rarely do unless they believe that the document(s) are false.

Hope this helps -

Best,

Mark Northam



nnaorin19 said:


> i really want to know how do they further assess the qualification after it being assessed by appropriate authority such as EA? thanks


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## nnaorin19 (Dec 3, 2015)

Thank you so much Mark for clarifying this. Is there any problem with the gap year.. like i graduated back in 2011..and it's 2015.. i am not claiming any points based on work experience.. in that case would there be any problem with gap year? Many thanks


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## MarkNortham (Dec 19, 2012)

Hi Nnaorin19 -

As long as you've got a positive skills assessment, I don't see any issue with the years off being an issue in a skilled PR visa.

Hope this helps -

Best,

Mark Northam



nnaorin19 said:


> Thank you so much Mark for clarifying this. Is there any problem with the gap year.. like i graduated back in 2011..and it's 2015.. i am not claiming any points based on work experience.. in that case would there be any problem with gap year? Many thanks


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## nnaorin19 (Dec 3, 2015)

Thank you Mark for the clarification..i really appreciate it..thanks


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## nnaorin19 (Dec 3, 2015)

Is there any need to submit form 80,1221 in advance? A lot of people are telling me to attach form 80. But personally i don't want to put extra information if it is not required. Thanks


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## MarkNortham (Dec 19, 2012)

Generally no problem (other than it may delay your application a bit) with waiting to have those forms requested.

Best,

Mark



nnaorin19 said:


> Is there any need to submit form 80,1221 in advance? A lot of people are telling me to attach form 80. But personally i don't want to put extra information if it is not required. Thanks


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## nnaorin19 (Dec 3, 2015)

do they always ask for form 80 then? thanks


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## Maggie-May24 (Jul 24, 2011)

Not always, but it does seem to be more frequent these days. Usually more requests are made for applicants from high risk countries, but still low risk applicants can asked for form 80 as well.


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## nnaorin19 (Dec 3, 2015)

thanks for your reply .. is Bangladesh a high risk country? some of my acquaintances have been asked to submit form 80 and some were not. Also, does dibp call the employers mentioned in the employment section? thanks


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## nnaorin19 (Dec 3, 2015)

just to add with my previous reply-i haven't shown this work experience during my assessment with EA.. also i'm not claiming any points for work experience


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## Maggie-May24 (Jul 24, 2011)

Yes, Bangladesh would be a high risk country, but as you've seen not everyone would be asked to complete form 80. I usually suggest people complete it and upload it to avoid any delay later if your CO wants it. At a minimum, I'd suggest you complete it and have it ready just in case.

DIBP does contact employers, but I believe this is primary when you are claiming points for the experience. That wouldn't prevent them from contacting an employer where the employment contributed to a positive skills assessment.


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## nnaorin19 (Dec 3, 2015)

i have form 80 ready.. i dont want to submit it because my work experience is not related to the skill assessment occupation.

my passport that i used for application expires this july..so i have a new passport now..but all my police verifications (uk,Australia and bangladesh) have the previous passport no(which is still valid)..i've just received the new one and haven't traveled anywhere using the new one..in that case, would there be any problem if i upload the police verification based on previous passport? thanks


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## mohan123 (Dec 6, 2015)

*Passport submission for Sub class 189*

Hi,

Can someone tell me at what stage in Sub class 189 visa processing I need to submit my original passport and for how long?

I am currently in another country and visa extension will be needed there so just worried about the conflict in passport submission for these two. I would appreciate any useful answer.

*If you are aware about any appropriate thread for this please redirect.

Regards,
Mohan


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## Maggie-May24 (Jul 24, 2011)

nnaorin19 said:


> i have form 80 ready.. i dont want to submit it because my work experience is not related to the skill assessment occupation.
> 
> my passport that i used for application expires this july..so i have a new passport now..but all my police verifications (uk,Australia and bangladesh) have the previous passport no(which is still valid)..i've just received the new one and haven't traveled anywhere using the new one..in that case, would there be any problem if i upload the police verification based on previous passport? thanks


No problem, since many people need to update their passport while their application is in process. Simply advise DIBP of the new passport details and upload a copy of the new passport biodata page for their reference.


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## Maggie-May24 (Jul 24, 2011)

mohan123 said:


> Hi,
> 
> Can someone tell me at what stage in Sub class 189 visa processing I need to submit my original passport and for how long?
> 
> ...


You do not submit your original passport as part of the application process, simply upload a good qualify colour scan and that's sufficient.


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## nnaorin19 (Dec 3, 2015)

*Passport*



Maggie-May24 said:


> No problem, since many people need to update their passport while their application is in process. Simply advise DIBP of the new passport details and upload a copy of the new passport biodata page for their reference.


 but it's not going to cause problems with police verification right? Those have previous passport nos.nthanks


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## Maggie-May24 (Jul 24, 2011)

I've never heard of it being an issue. I'd provide a scanned copy of your old passport as well if you haven't already, so they can connect the dots with your documents.


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## nnaorin19 (Dec 3, 2015)

i have two links among 7/8 altogether generated to upload document-one is for australian qualification(in the eoi i mentioned it is overseas qualification assessed by EA) and work experience(not claiming points)..is it there by mistake? because for sure i don't have australian qualification..and i am not claiming work experience points


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## nnaorin19 (Dec 3, 2015)

*form 80*

What should be the answer for why do you want to travel in australia(form 80 no 24)..just live and work will do


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## Maggie-May24 (Jul 24, 2011)

Re the links, I found the system often suggested recommended documents to upload that didn't apply. If you didn't claim points for it I think you could simply ignore. Just upload what you have claimed points for.

For reason for travel, you could say migration or live/work. Either will be fine as that differentiates from holiday, study, etc.


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## nnaorin19 (Dec 3, 2015)

*Health*



Maggie-May24 said:


> Re the links, I found the system often suggested recommended documents to upload that didn't apply. If you didn't claim points for it I think you could simply ignore. Just upload what you have claimed points for.
> 
> For reason for travel, you could say migration or live/work. Either will be fine as that differentiates from holiday, study, etc.


Thanks..do i need to wait for health center to update the medical status before i click afditional info provided? Thanks


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## Maggie-May24 (Jul 24, 2011)

I probably would.


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## nnaorin19 (Dec 3, 2015)

Generally how many cases does a co has? just wondering


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## nnaorin19 (Dec 3, 2015)

Can anyone tell me the invitation vs grant stat? i suppose all invitations do not translate into visa grant right? thanks


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## nnaorin19 (Dec 3, 2015)

how many cases does a co has generally? 
and after additional document submission, how long it might take? Thanks


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## Fantastic (Jan 14, 2016)

*Subscribing to the thread*

Skilled - Subclass - 189 | 261313| PTE (10 pts) | 31/10/2015 - EOI Submitted 65 points | 06/11/2015 - Invite | Visa lodged - 27/11/2015| PCC & Medical - Spouse X-Ray pending[Pregnant] - 5/12/2015| CO contact:10/12/2015| Visa Grant-??


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## sandwich_phil (Oct 10, 2016)

*Skilled Migrant Visa - Payslips?*

Hi.
Have a question about skilled migrant visa.
It says on the website, you need to submit payslips, bank statements and tax statements.
I have been working for more than 10 years and I cannot supply all the payslips for the 10 years I have been working.
Will this be an issue for my visa application?


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